Reservation of land

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.