The Punjab Security of Land Tenures Act, 1953

Short title, extent and commencement.

1. (1) This Act may be called the Punjab Seourity of Land Tenures Act, 1953.
2. (2) It shall come into force at once,
3. (3) It shall extend to the whole of the Union Territory of Chandigarh. Save as elsewhere expressly provided in this Act nothing contained therein shall apply to co-operative garden colonies which were registered before the coming into force of this Act.

In this Act, unless the context otherwise requires

1. (1) in Clauses (b) and (c), respectively, of section 2 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (A. Act XXXVI of 1949), hereinafter referred to as the 1949, of "Resettlement Act," Explanation.—In respect of land mortgaged with possession, the Mortgagees shall be deemed to be the landowner.
2. (2) "Small landowner" means a landowner whose entire land in the Union Territory of Chandigarh does not exceed the "permissible area". Explanation.—In computing the area held by any particular landowner, the entire land owned by him in the Union Territory of Chandigarh, as entered in the record-of-rights, shall be taken into account, and if he is a joint owner only his share shall be taken into account.
3. (3) "Permissible area" for a tenant, means thirty Standard acres and where such thirty Standard acres are not available. 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 may be;
   • (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. Explanation.—For the purposes of determining the permissible area of 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. (4) "Reserved area" means the area lawfully reserved under the Punjab Tenants (Security of Tenures) Act, 1950 (Act XXII of 1950), as amended by President’s Act of 1951, hereinafter referred to as the "1950 Act" or under this Act.
5. (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 and quality of soil. (5-a) "Surplus Area" means the area other than the reserved area, and, where, no area has been reserved, the area in excess of the permissible area selected [under section 5-B or 5-C] and shall be deemed to have come into force on the 15th April, 1953.
6. (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. (7) "Year" means an agricultural year, as defined in Section 4, of the Punjab Tenancy Act, 1887 (Act XVI 1887).
8. (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).
9. (9) "Self-cultivation" means cultivation by a person personally or through his wife or children, or through such of his relations as may be prescribed, under his supervision.
10. (10) "Prescribed" means prescribed by rules under this Act.
11. (11) "Displaced person" has the meaning assigned to it in the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (Act XXXVI of 1949).

Any small landowner, who by virtue of an allotment made after 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 [Union Territory of Chandigarh], 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.

Fresh reservation of land due to modification of allotment Any landowner, who has made a lawful reservation 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.

Reservation of land.

1. (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 Union Territory of Chandigarh 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 selection 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 or immediately before such reservation;
   • (c) reserved area excluded any area;
   • (d) area or share in a Co-operative Farming Society;
   • (e) any other area owned by him,
   • (f) area under a jhundimar tenant. In respect of any land under more than one landowner, 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. A landowner shall be entitled to intimate 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 right holder affected by such variation or until such time as the right to eject such tenant otherwise accrues under the provisions of this Act.

Declarations supported by affidavits to be furnished by certain landowners and tenants Every landowner or tenant who owns or holds land in excess of the permissible area in the State and where such land is situated in more than one Patwari Circle, shall furnish to the Collector 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.

Selection of permissible area and consequences of failure to select

1. (1) A landowner who has not exercised the right of reservation under this Act, may select his permissible area and intimate the selection 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 5-A shall intimate his selection along with that declaration.
2. (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: Provided that the prescribed authority shall not make the selection without giving the landowner concerned an opportunity of being heard.

Penalty for failure to furnish declaration

1. (1) If a landowner 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 landowner or tenant in excess of ten standard acres to be specified by such authority shall be deemed to be the surplus area of such landowner or tenant and shall be utilised by the Central Government for the purpose mentioned in section 10-A: Provided that no such order shall be made without giving the landowner or tenant concerned an opportunity of being heard.
2. (2) Where a landowner 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.

Certain previous transfers of lands 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.

[Repealed].

Continuity of tenancies The continuity of a tenancy shall not be affected by—

1. (a) the death of the landlord, or
2. (b) the death of the tenant except when the tenant leaves no male lineal descendants or mother or widow, and
3. (c) any change therein under the same landowner; and for the purposes of section 17 and 18 of this Act, such tenancy shall be the last area so held.

[(1) Notwithstanding anything contained in any other law for the time being in force, no landowner shall be competent to eject a tenant except when such tenant—

1. (i) is a tenant on the area reserved under this Act or is a tenant of a small landowner ;
2. (ii) fails to pay rent regularly without sufficient cause ; [or]
3. (iii) is in arrears of rent at the commencement of this Act ; [or]
4. (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]
5. (v) has used, or 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]
6. (vi) has sub-let the tenancy or a part thereof ; provided that where only a part of the tenancy has been sub-let, the tenant shall be liable to be ejected only from such part ; [or]
7. (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 landowner. 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 of decree or order, directing him to pay such arrears of rent].

1. (2) Notwithstanding anything contained hereinbelow 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 landowner : Provided further that if the tenant holds land from several landowners and more than one landowner seeks his ejectment, the right to ejectment shall be exercisable in the order in which the applications have been filed or suits have been filed by the landowners and in case of simultaneous applications or suits the priority for ejectment shall commence serially from the smallest landowner. Explanation.—Where a tenant holds land jointly with other tenants, his share in the joint tenancy shall be taken into account in computing the area held by him.

A. [ Provided that if the tenant concerned is the tenant of a small landowner, 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.]

1. (1) Where a tenant has been ejected from any land in excess of the permissible area on grounds other than those mentioned in section 9, before the commencement of this Act, and after the 15th of August, 1947, such land is under self-cultivation, such tenant shall be subject to the provisions of this Act be entitled to be restored to his tenancy in the manner prescribed or on the same terms and conditions on which it was held by him at the time of his ejectment, on an application made to an Assistant Collector of the first Grade having jurisdiction, within one year from the date of intimation of reservation after the commencement of this Act, or, if no such reservation is made within the period specified in sub-section (3) of section 5, two years from the date of commencement of this Act : Provided that if more tenants than one have been ejected from the same tenancy, the right of application for restoration shall be exercisable in serial order of priority commencing from the tenant first ejected and to the extent in each case of the permissible area, after taking into account any other tenancy or land which the ejected tenant holds at the time of his application for restoration].
2. (2) On receipt of an application the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity to be heard, determine the dispute summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.
3. (3) When an application has been made, any proceedings in relation to the same matter pending in any other court or before any other authority shall be stayed on receipt of information by that court or authority from such Assistant Collector of the fact of having received the application, and all such proceedings in a court or before any authority shall lapse when the dispute has been determined by the Assistant Collector acting under this Act.
4. (4) A landowner or any other person in actual possession of land at the time of restoration shall be entitled to such compensation as may be determined by the Assistant Collector, from the tenant intended to be restored, for any loss suffered in consideration of anything done prior to the date of his first receiving information of the application : Provided that no ejected tenant shall be restored to his tenancy as provided hereinbefore unless he has paid compensation as determined by the Assistant Collector to the landowner or other person, if any, as the case may be.

A.

1. (a) The [Central Government] offices empowered by it in this behalf, shall be competent to utilize any surplus area for the resettlement of tenant ejected, or to be ejected, under clause (i) of sub-section (1) of section 9.
2. (b) Notwithstanding anything contained in any other law for the time being in force [and save in the case of land acquired by the [Central Government] under any law for the time being in force or by an heir by inheritance] no transfer or other disposition of land which is comprised in surplus area at the commencement of this Act, shall affect the utilization thereof in clause (a). Explanation.—Such utilization of any surplus area will not affect the right of the landowner to receive rent from the tenant so settled. [(c) For the purposes of determining the surplus area in respect of any person under this section, any judgment decree or order of a court or other authority, obtained after the commencement of this Act and having the effect of diminishing the area of such person which could have been declared as his surplus area shall be ignored].

[10-B. Where succession has opened after the surplus area or any part thereof has been utilised under clause (a) of section 10-A, the saving specified in favour of an heir by inheritance under clause (b) of that section shall not apply in respect of the area so utilised.]

Save in proportion to a reduction in the tenancy, if any, landowner shall not be competent to terminate the supply of canal or use of well water enjoyed by a tenant immediately before the commencement of this Act, and a breach of this provision shall constitute a cognizable offence punishable with imprisonment which may extend to six months and shall be triable by a court not below the rank of a Second Class Magistrate.

1. (1) Notwithstanding anything contained in the Punjab Tenancy Act, 1887 (XVI of 1887), or in any agreement or usage or any decree or order of a court, the maximum rent payable by a tenant for any land held by him as such shall not exceed one-third of the crop of such land or the value thereof as determined in the prescribed manner, and where the customary rent is less than one-third the maximum rent shall be such customary rent.
2. (2) In computing the maximum rent payable by a tenant, such portion of the rent, if any, as represents the consideration for services or facilities provided by the landowner in relation to the land shall not be taken into account.

Unless the charges for services or facilities provided by the landowner have been specifically provided for in an agreement between the parties, such charges shall be determined by the Assistant Collector, First Grade, who shall give due regard to the usage of the locality and if there is no such usage, he shall give regard, amongst other matters, to—

1. (a) the direct advantage gained by the land by the provision of such services or facilities;
2. (b) the nature of the services or facilities and the probable duration of their effects;
3. (c) the labour or capital required for the provision of such services or facilities.

1. (1) Every landowner shall give or cause to be given a valid receipt to the tenant in the form prescribed for the rent received by him or on his behalf.
2. (2) Any landowner who fails to give or cause to be given such receipt shall on conviction be punishable with fine which may extend to one hundred rupees.

Notwithstanding anything to the contrary contained in any other law for the time being in force, and subject to the provisions of Section 9-A,—

1. (i) a landowner desiring to eject a tenant shall apply in writing to the Assistant Collector, First Grade, having jurisdiction who shall thereafter proceed as provided for in sub-section (2) of section 10 of this Act, and the provisions of sub-section (3) of the said Section shall also apply in relation to such application, provided that the tenants’ rights to compensation, and acquisition of occupancy rights, if any, under the Punjab Tenancy Act, 1887 (XVI of 1887), shall not be affected;
2. (ii) a landowner desiring to recover arrears of rent from a tenant shall apply in writing to the Assistant Collector, Second Grade, having jurisdiction, who shall thereupon send a notice, in the form prescribed, to the tenant either to deposit the rent or value thereof, payable in kind or give proof of having paid it or of the fact that he is not liable to pay the whole or part of the rent or of the fact of the landlord’s refusal to receive the same or to give a receipt, within the period specified in the notice. Where, after summary determination, as provided for in sub-section (2) of section 10 of this Act, the Assistant Collector finds that the tenant has not paid or deposited the rent, he shall eject the tenant summarily and put the landowner in possession of the land concerned: (iii)

1. (a) if a landlord refuses to accept rent from a tenant or demands rent in excess of what he is entitled to under this Act, or refuses to give a receipt, the tenant may in writing inform the Assistant Collector, Second Grade having jurisdiction of the fact;
2. (b) on receiving such application the Assistant Collector shall by a written notice require the landlord to accept the rent payable in kind or to give a receipt, in accordance with this Act, as the case may be, or both, within 60 days of the receipt of the notice.

Omitted.

[16. Save in the case of land acquired by the [Central Government] under any law for the time being in force, or by an heir by inheritance, no transfer or other disposition of land effected after the 1st February, 1955, shall affect the rights of the tenant thereon under this Act.]

Notwithstanding anything to the contrary contained in any law, usage or contract, and subject to the provisions of section 18, a tenant of a landowner other than a small landowner,—

1. (i) who has been in continuous occupation of the land comprised in his tenancy for a period exceeding four years on the date of the sale of the land or foreclosure of the right to redeem the land, or
2. (ii) in case of a sale or foreclosure that has taken place or shall take place within a period of three years from the commencement of this Act and there is no tenant who has acquired a right under clause (i),—

1. (a) who was ejected from his tenancy after the 14th day of August, 1947, and before the commencement of this Act on grounds other than those mentioned in section 9, and was in continuous occupation of the land comprised in his tenancy for a period exceeding four years on the date of ejectment, or
2. (b) who has been restored to his tenancy under the provisions of this Act and whose period of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together exceed four years, shall, in preference to the rights of other pre-emptors as provided in the Punjab Pre-emption Act, 1913 (Act I of 1913), except the descendants of vendor’s grand-father, be entitled to pre-empt the sale or foreclosure of the land other than the land comprised in the reserved area of the landowner in the manner prescribed in that Act within one year from the date of the sale or foreclosure, as the case may be: Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof, if he had sublet the land or the portion, as the case may be, to any other person unless during that period the tenant was suffering from a legal disability or physical infirmity, or, if a woman, was a widow or was unmarried.

[17-A.

1. (1) Notwithstanding anything to the contrary contained in this Act or the Punjab Pre-emption Act, 1913, a sale of land comprising the tenancy of a tenant made to him by the landowner shall not be pre-emptible under the Punjab Pre-emption Act, 1913, and no decree of pre-emption passed after the commencement of this Act in respect of any such sale of land shall be executed by any court: Provided that for the purposes of this sub-section the expression tenant includes a joint tenant to whom whole or part of the land comprising the joint tenancy is sold by the landowner.
2. (2) Where, after the commencement of this Act, a tenant, to whom the land comprising his tenancy is sold by the landowner, has been dispossessed of such land by a pre-emptor in execution of a decree for pre-emption or otherwise the tenant so dispossessed shall in the prescribed manner have the option either to purchase the land from the pre-emptor on payment of the price paid to the tenant by the pre-emptor or to be restored to his tenancy under the pre-emptor on the same terms and conditions on which it was held by him immediately before the sale, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958.
3. (3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in the manner laid down in sub-section (2) of section 10.]

B.

1. (1) Where, after the commencement of this Act, land comprising the tenancy of a tenant is mortgaged to him with possession by the landowner and such land is subsequently redeemed by the landowner, the tenant shall, notwithstanding such redemption or any other law for the time being in force, be deemed to be the tenant of the landowner in respect of such land on the same terms and conditions on which it was held by him immediately before the execution of the mortgage as if the mortgage had never been executed.
2. (2) Where a tenant referred to in sub-section (1) has been dispossessed by the landowner in execution of a decree or order of redemption, he shall be entitled to be restored to his tenancy in the prescribed manner on the same terms and conditions on which it was held by him immediately before the execution of the mortgage on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958.
3. (3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in the manner laid down in sub-section (2) of section 10.

1. (1) Notwithstanding anything to the contrary contained in any law, usage or contract, a tenant of a landowner other than a small landowner—
   • (i) who has been in continuous occupation of the land comprised in his tenancy for [a minimum period of six years], or
   • (ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy together *[amounts to six years or more], or
   • (iii) who was ejected from his tenancy after the 14th day of August, 1947, and before the commencement of this Act, and who was in continuous occupation of the land comprised in his tenancy for a period *[of six years or more immediately before his ejectment], shall be entitled to purchase from the landowner the land so held by him but not included in the reserved area of the landowner, in the case of a tenant falling within clause (i) or clause (ii) at any time, and in the case of a tenant falling within clause (iii) within a period of one year from the date of commencement of this Act: Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof if he had sublet the land or the portion, as the case may be, to any other person during any period of his continuous occupation, unless during that period the tenant was suffering from a legal disability or physical infirmity, or, if a woman, was a widow or was unmarried: Provided further that if the land intended to be purchased is held by another tenant who is entitled to pre-empt the sale under the next preceding section, and who is not accepted by the purchasing tenant, the tenant in actual occupation shall have the right to pre-empt the sale.
2. (2) A tenant desiring to purchase land under sub-section (1) shall make an application in writing to the Assistant Collector of First Grade having jurisdiction over the land concerned, *[* *] and the Assistant Collector, after giving notice to the landowner and to all other persons interested in the land and after making such enquiry as he thinks fit, shall *[determine] the value of the land as shall be the average of the prices obtaining in the locality during 10 years immediately preceding the date on which the application is made: Provided that the purchase price shall be three-fourths of such average price.
   • (a) The tenant shall be competent to pay the purchase price either in a lump sum or in six monthly instalments not exceeding ten in the manner prescribed.
   • (b) On the purchase price or the first instalment thereof, as the case may be, being deposited, the tenant shall be deemed to have become the owner of the land and the Assistant Collector shall, where the tenant is not in possession, and subject to the provisions of the Punjab Tenancy Act (XVI of 1887) put him in possession.
   • (c) If a default is committed in the payment of any of the instalments, the entire outstanding balance shall on application by the person entitled to receive it, be recoverable as arrears of land revenue].
3. (5) If the land is subject to a mortgage at the time of the purchase, the land shall pass to the tenant unencumbered by the mortgage, but the mortgage debt shall be a charge on the purchase money.
4. (6) If there is no such charge as aforesaid the Assistant Collector shall, subject to any directions which he may receive from any court, pay the purchase money to the landowner.
5. (7) If there is such a charge, the Assistant Collector shall, subject as aforesaid, apply in the discharge of the mortgage debt so much of the purchase money as is required for that purpose and pay the balance, if any, to the landowner, or retain the purchase money pending the decision of a civil court as to the person or persons entitled thereto.

Nothing contained in section 17 or section 18 shall affect any land which is evacuee property, as defined in the Administration of Evacuee Property Act, 1950 (XXXI of 1950), or of any other land which may at any time be acquired by the Central Government for resettlement of displaced persons.

A.

1. (1) Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement, from and after the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958, no person, whether as landowner or tenant, shall acquire or possess by transfer, exchange, lease, agreement or settlement any land, which, with or without the land already owned or held by him, shall in the aggregate exceed the permissible area: Provided that nothing in this section shall apply to lands belonging to registered Co-operative Societies formed for purposes of Co-Operative farming if the land owned by an individual member of the Society does not exceed the permissible area.
2. (2) Any transfer, exchange, lease, agreement or settlement made in contravention of the provisions of sub-section (1) shall be null and void.

B.

1. (1) Subject to the provisions of section 10-A, if, after the commencement of this Act, any person, whether as land-owner or tenant, acquires by inheritance or bequest or gift from a person to whom he is an heir any land, or if after the 30th July, 1958, any person has acquired by transfer, exchange, lease, agreement or settlement any land, or in any other manner any land, which, with or without the lands already owned or held by him, exceeds the permissible area, then he shall within the period prescribed, furnish to the Collector, a return in the form and manner prescribed giving the particulars of all lands and selecting the land not exceeding in the aggregate the permissible area which he desires to retain and if the land of such person is situated in more than one patwar circle he shall also furnish a declaration required by section 5-A.
2. (2) If he fails to furnish the return and select his land within the prescribed period, then the Collector may in respect of him obtain the information required to be shown in the return through such agency as he may deem fit [and select the land for him in the manner specified in sub-section (2) of section 5-B].
3. (3) If such person fails to furnish the declaration, the provisions of section 5-C shall apply.
4. (4) The excess land of such person shall be at the disposal of the [Central Government] for utilisation as surplus area under clause (a) of section 10-A or for such other purpose as the Central Government may by notification direct.

C.

1. (1) The Collector may from time to time by order in writing direct the land-owner or the tenant to deliver possession of the land in his surplus area to the person resettled on such area or any officer empowered by the [Central Government] within ten days of service of the order on him.
2. (2) If the land-owner or the tenant refuses or fails without reasonable cause to comply with an order made under sub-section (1) the Collector may cause the possession of the land in the surplus area to be delivered to such person resettled on it and may for that purpose use force as may be necessary.

D. The provisions of this Act shall not apply to lands granted to any members of the Armed Forces of the Union for gallantry.

E. Notwithstanding anything contained in this Act or in any other law for the time being in force,—

1. (a) where, immediately before the commencement of this Act, a landowner and his descendants constitute a Hindu undivided family, the land owned by such family shall, for the purposes of this Act, be deemed to be the land of that landowner and no descendant shall, as a member of such family, be entitled to claim that in respect of his share of such land he is a landowner in his own right; and
2. (b) a partition of land owned by a Hindu undivided family referred to in clause (a) shall be deemed to be a disposition of land for the purposes of sections 10-A and 16. Explanation.—In this section, the expression “descendant” includes an adopted son.

F. For the removal of doubts it is hereby declared,—

1. (a) that the [Central Government] or any officer empowered in this behalf shall be competent and shall be deemed always to have been competent, to determine in the prescribed manner the surplus area referred to in section 10-A of a landowner out of the lands owned by such landowner immediately before the commencement of this Act; and
2. (b) that for evaluating the land of any person at any time under this Act, the land owned by him immediately before the commencement of this Act, or the land acquired by him after such commencement by inheritance or by bequest or gift from a person to whom he is an heir, shall always be evaluated for converting into standard acres as if the evaluation was being made on the date of such commencement, and that the land acquired by him after such commencement in any other manner shall always be evaluated for converting into standard acres as if the evaluation was being made on the date of such acquisition].

Nothing contained in this Act shall entitle a tenant to purchase land in excess of the permissible area, including the land which he may already own.

[(1)] Nothing contained in this Act shall affect any land held by a tenant or lessee under Government, or local bodies in the State, or any unallotted evacuee land.

1. (2) The provisions of section 9, 9-A and 18 shall not apply to lands leased out by the Punjab State Co-operative Land Mortgage Bank Limited established under the Punjab Co-operative Land Mortgage Banks Act, 1957].

A.

1. (1) The [Central Government] may, for the purpose of preventing or removing any hardship or difficulty, by a special or general order, to be notified in the official Gazette, direct that any of the provisions of this Act shall apply to any class of tenants or owners with such modifications as may be specified in that order.
2. (2) Any order made under sub-section (1) shall be laid before both the Houses of the Legislature during the session next following after the making of such order, and unless the said order is approved by both the Houses of the Legislature, with or without modification, it shall cease to have effect.]

Any dispute relating to rent payable by a tenant, or any objection relating to the permissible area, not otherwise expressly provided for in this Act, shall be determined in a summary manner as provided for in section 14-A; provided that the order of the Commissioner in appeal or revision in the ordinary course, shall be final.]

No decree or order of any court or authority and no notice of ejectment shall be valid save to the extent to which it is consistent with the provisions of this Act.

The provision in regard to appeal, review and revision under this Act shall, so far as may be, be the same as provided in sections 80, 81, 82, 83 and 84 of the Punjab Tenancy Act, 1887 (Act XVI of 1887).

A.

1. (1) Where a landowner owns land jointly with other landowners and his share of such land or part thereof, as ascertained from the record of rights, has been or is to be declared as surplus area, the officer competent to declare such area, or, where such area has been declared, the officer competent to utilise it, may on his own motion, after summary enquiry and affording to the persons interested in such land an opportunity of being heard, separate his share of such land or part thereof in the land owned by him jointly with other landowners in the land of such person.
2. (2) Where, after the declaration of the surplus area of any person and before the utilisation thereof, his land has been subjected to the process of consolidation, the separated area referred to in sub-section (1) shall be competent to obtain his surplus area of such person out of the area obtained by him after consolidation.]

Except in accordance with the provisions of this Act, the validity of any proceedings or order taken or made under this Act shall not be called in question in any court or before any other authority.

No suit or other legal proceedings shall lie against any authority in respect of anything done in good faith in pursuance of the provisions of this Act.

The [Central Government] may by notification in the official Gazette make rules for carrying out the purposes of this Act.

The Punjab Tenants (Security of Tenure) Act, 1950 (Act XII of 1950), and the Punjab Tenants (Security of Tenure) Amendment Act, 1951 (President’s Act V of 1951), are hereby repealed but, notwithstanding such repeal and notwithstanding the expiry of the Prevention of Ejectment (Temporary Powers) Ordinance, 1952, anything done or any action taken in the exercise of any power conferred by or under the said Acts or the said Ordinance to the extent of its being consistent with the provisions of this Act, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done or action taken.