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THE PUNJAB LAND REFORMS ACT, 1972

THE PUNJAB LAND REFORMS ACT, 1972

Punjab Act No. 10 of 1973

Contents

SectionSubject

STATEMENT OF OBJECTS AND REASONS OF ACT 10 OF 1973 STATEMENT OF OBJECTS AND REASONS OF ACT 40 OF 1973 STATEMENT OF OBJECTS AND REASONS OF ACT 22 OF 1976

CHAPTER I

Preliminary

1.

Short title, extent and commencement

2. Declaration as to giving effect to certain directive principles 3.

Definitions

CHAPTER II

Ceiling on Land

4.

Permissible area

5. Selection of permissible area and furnishing of declaration by certain persons 6. Collection of information in case declaration is not furnished 7.

Determination of permissible and surplus area

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THE PUNJAB LAND REFORMS ACT, 1972

8. Vesting of unutilized surplus area in the State Government

Determination of permissible and surplus areas

9.

Power to take possession of surplus area

10.

Amount Payable for the surplus area

11.

Disposal of surplus area

12. Bar on future acquisition of land in excess of permissible area 13. Power to separate share of landowners in joint lands 14. Exemption of lands belonging to religious of charitable institutions

CHAPTER III

Miscellaneous

15. Saving of certain rights of tenants to purchase land 16.

Summary eviction and fine

17.

Abrogation of pending degrees, order and notices

18.

Appeal, review and revision

19.

Correction of clerical errors

20.

Court fees

21.

Bar of jurisdiction

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22.

Indemnity

23.

Penalty for making false statements

24.

Mode of recovery

25.

Power to make difficulties

26.

Power to make rules

27.
Exemption of certain lands from the operation of the Act 28.

Repeal and Saving

STATEMENT OF OBJECTS AND REASONS OF ACT 10 OF 1973 Two enactments, namely, the Punjab Security of Land Tenures

Act, 1953 and the Pepsu

Tenancy and Agricultural Land Act, 1955, are in force in the State of Pu njab While the former Act applies to those parts of the state which were comprised in the Stat e of Punjab immediately before the Ist November, 1965, the latter applies to those territories o f the erstwhile State of Pepsu Which now form part of the State of Punjab. It was considered nece ssary that a single unified law should be applicable to the entire State in so far as provis ions relating to imposition of land ceiling acquisition of proprietary rights by tenants and ancilla ry matters are concerned. The aforesaid two enactments will remain in force in regard to matter no t covered by this Bill. After giving careful consideration to the various aspects of land reform measures, which are necessary in the interest of social justice as also agricultural pro duction, it has been decided that the ceiling limits be suitably reduced; that the entire surplus are a should vest in the State Government and that the criteria of eligibility for allotment of such ar eas should be made broad- based. It has been considered necessary to withdraw pertain exemptions w hich were allowed http://punjabrevenue.nic.in/Lrefact72i.htm (3 of 21)4/16/2005 4:05:02 PM

THE PUNJAB LAND REFORMS ACT, 1972

under the tow existing measures. This Bill is being enacted to achieve the above objective. STATEMENT OF OBJECTS AND REASONS OF ACT 40 OF 1973 The bill is designed to replace the Punjab Land Reforms (Am endment) Ordinance, 1973, which was issued with a view to carrying out certain suggestions/amendme nts considered necessary by the Government of India and the State Government. STATEMENT OF OBJECTS AND REASONS OF ACT 22 OF 1976 The existing provision of punishment in Punjab Land Reforms

Act, 1972, is not

considered deterrent enough to deal with the land owner who don not furn ish any declaration regarding their land or file declarations which are false. It is propose d to enhance the existing punishment. Hence this Bill. Received the assent of the President of India on the 28 th

March, 1973 and holdings, first

published for general information in the Punjab Government Gazette (Ext raordinary) dated, the 2 nd

April, 1973.

An Act to consolidate and amend the law relating to ceiling on land holdings, acquisition of proprietary rights by tenants and other ancillary matters in the Stat e of Punjab. An Act to consolidate and amend the law relating to ceiling on land holdings, acquisition of proprietary right by tenants and other ancillary matter in the State of Punjab.

CHAPTER I

Preliminary

1. Short title, extent and commencement - (1) This Act may be called the Punjab http://punjabrevenue.nic.in/Lrefact72i.htm (4 of 21)4/16/2005 4:05:02 PM

THE PUNJAB LAND REFORMS ACT, 1972

Land Reforms Act, 1972.

2.

It extends to the whole of the State of Punjab.

3.

It shall come into force at once.

2. Declaration as to giving effect to certain directive principles -

It is hereby declared

that this Act is for giving effect to the policy of the State towards se curing the principles specified in clauses (b) and (c) of Articles 39 of the Constitution of India.

COMMENTS

Definition of the word "land--"

We are unable to agree that the Act deals only with the land and not the buildings or other super-structures on such land. The definition of the word "land" extracted above would show that it includes " sites of buildings, and other structures of such land". In the context in which clause (a) appears in section 2(5) and in view of the fact that there is a comma after the words "sites of buildings" we are of the view that the words "sites" in clause (a) does not qualify the words "other structures on such land" I t should be interpreted as including other structures on such land as also sites of buildings. Bal

Raj Ahuja vs State of

Punjab and another, 1988 PLJ 423.

3 Definitions - In this Act' unless the context otherwise requires - (1) "appointed day" means the twenty-fourth day of January, 1971; (2) "banjar land" means land which has remained uncultivated for a con tinuous period of not less than four years immediately preceding the date on whi ch the question whether such land is banjar or not arises; (3) "Collector" means the Collector of the district or any other offi cer not below the rank of Assistant Collector of the first grade empowered in this behalf by the State Government; (4) "family" in relation to a person means the person, the wife or hus band, as the case may be, of such person and his or her minor children other than a m arried minor daughter; (5) "land" means land which is not occupied as the site of any buildin g in a town or village and is occupied or has been let for agricultural purposes or for purposes sub-servient to agriculture, or for pasture, and includes:- http://punjabrevenue.nic.in/Lrefact72i.htm (5 of 21)4/16/2005 4:05:02 PM

THE PUNJAB LAND REFORMS ACT, 1972

(a) the sites of buildings, and other structures on such land; and

(b) banjar land; (6) "landowner" shall have the meaning assigned to it in Punjab Land R evenue Act, 1887, (Punjab Act XVII of 1887); (7) "minor" means a person who has not completed the age of eig hteen years; (8) "orchard" means a compact area of land having fruit beari ng trees grown there- on in such number that they preclude, or when fully grown would preclude, a substan tial part of such land from being used for any other agricultural purpose but shall not include under banana or guava trees or land comprised in vineyard; (9) "Pepsu Law" means the Pepsu Tenancy and Agricultural

Lands Act, 1955

(10) "person" includes a company, family association or oth er body of individuals, whether incorporated or not, and any institution capable of holding property; (11) "prescribed" means prescribed by rules made under this Act; (12) "Punjab Law" means the Punjab Security of Land Tenure s Act, 1953; [(13) "self-cultivation" means cultivation by a landowner eit her personally or through any member of his family or through his brother, or through a servant or hir ed labour under the personal supervision of the landowner or supervision of a member of his family, subject to the condition that the servant or hired labour is paid wages in cash or in k ind or partly in cash and party in kind but not as a share of the produce;] (14) [----] (15) "surplus area" means the area in excess of the permissible area; (16) "tenant" has the meaning assigned to it in the Punjab Ten acy Act, 1887 (Act XVI of 1887) and includes a sub-tenant and self-cultivating lessee, but shall not inc lude a present holder as defined in clause (f) of section 2 of the East Punjab Displaced Person s (Land Resettlement) Act, http://punjabrevenue.nic.in/Lrefact72i.htm (6 of 21)4/16/2005 4:05:02 PM

THE PUNJAB LAND REFORMS ACT, 1972

1949;
(17) all other words and expressions used herein and not defined but defined in the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887), or the Punjab Land Revenue

Act, 1887 (Punjab

Act XVII of 1887) shall have the meaning assigned to them in either of those Acts.

COMMENTS

Tenant on appointed day -

if the petitioner was a tenant on the appointed day and had continued to be a tenant continuously it would be manifestly unfair to d eprive him of tenants permissible area merely because he subsequently purchased a part of the tenancy. Whether he in fact was entitled to tenants permissible area, is a matter to be examine d by the Collector. Raja Ram vs. State of Punjab, 1992 LLT 26 (F.C. Punjab)

Definition of landowner

: - It is admitted case of the petitioner that he is in possession of the land of Smt. Angoori Devi and that litigation is pending is pending in c ivil Court. The claim of the petitioner on the basis of a Will of Jai Singh, original owner, stan ds negatived by the Civil Court and now the matter is stated to be pending in the High Court in ap peal. If the appeal is decided in favour of the petitioner he would be owner of the land and, t hus, a landowner. That being the position, this piece of land could be included for determinati on of the surplus area as belonging to the petitioner. Even if he fails in the civil suit, his cas e is covered in the definition of land owner as reproduced above. He is in possession of the land and enjo ying its profits. The authorities were, thus, justified, though on different grounds, in incl uding this piece of land in the area of the petitioner for determination of the surplus area in his hand. Shri Jasmer Singh

Bhatti Vs Punjab State and others, 1989 PLJ 288.

Tenants on the appointed day --

The Senior State Counsel, on the other hand, advanced the same arguments as have been set forth in the impugned order of the Commi ssioner that Smt. Kaushalya Devi being a real sister of big landowner, is residing with t hem and, therefore, she is not entitled to tenants permissible area. So far as Ramesh Kumar and Raj

Kumar Petitioners No.

2 and 3 are concerned, they have been shown as tenants on the appointed

day under the order f Civil Court and such an order is to be ignored in accordance with the re levant provisions of the http://punjabrevenue.nic.in/Lrefact72i.htm (7 of 21)4/16/2005 4:05:02 PM

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Act. Kaushalaya Devi vs State of Punjab, 1992 LLT 36 (F.C. Punjab). The stand of respondent no. 1 is that the contents of sub-pa ra (iv) are not admitted as the case was decided on merits by the lower Court after giving full weightag e to the evidence produced by the petitioners. Respondent No. 2 has also given an evasive reply and has stated that there were no other tenants on the land of the petitioners on the appoin ted day, except Net Ram, who had been allowed his tenants' permissible area. It is, therefore, apparent to me that this aspect of the matter has not been adequately dealt with the authorities and the assertions made in the writ petition have not been emphatically denied. I am, therefore, of the view that as far as determination of the tenants' permissible area is concerned, the matt er needs to be gone into once again. The petition is allowed on the limited ground mentioned above, a nd the orders Annexures P-2 and P-4 are accordingly quashed. A directions is issued to the Colle ctor having jurisdiction in the matter to re-determine the tenants' permissible area and thereaf ter re-assess the surplus area in the hands of the landowner. Sahi Ram vs State of Punjab through Collector, Ferozepure, 1992 (1) SLJ 928

Declaring the land surplus -

While declaring the land surplus in his hand the land prossessed by him which was owned by Smt. Angur Devi was also taken into consideration . It has been held by the Court that Smt. Anguri Devi ws the sole owner of the suit land, the same could not be taken into consideration while declaring the land surplus in the hands of Jasm er Singh. He further submitted that the said land was also considered while declaring surplus area in the hands of Smt. Anguri Devi as well. Learned Singh Judge has discussed the entire matter in detail. The definition of `landowner' as given in Punjab Land Reforms Act is the same as de fined in Section 3(2) of the Punjab Land Revenue Act. Jasmer Singh vs. State of Punjab and others, 1990 PLJ 595

CHAPTER II

Ceiling on Land

4. Permissible area - (1) Subject to the provisions of section 5, no person shall own or hold as landowner or mortgagee with the possession or tenant or partly i n one capacity and partly in another in excess of the permissible area]. (2) `Permissible area' shall mean in respect of - http://punjabrevenue.nic.in/Lrefact72i.htm (8 of 21)4/16/2005 4:05:02 PM

THE PUNJAB LAND REFORMS ACT, 1972

(a) land under assured irrigation and capable of yielding at least two crops in ayear (hereinafter in this Act referred to as `the first quali ty land') seven hectares; or (b) land under assured irrigation for only one crop in a year, eleven hectares; or (c) barani land, 20.5 hectares; or (d) land of other classes including banjar land, and area to be determined accordingly to the prescribed scale with reference to the int ensity of irrigation, productivity and soil classification of such classes having regard to the respective valuation and the permissible area of the classes of land men tioned at (a), (b) and (c), above [subject to the condition that the area so determ ined shall not exceed 21.8 hectares].

Provided that -

(i) where land consists of two or more classes, the permissible area shall be determined on the basis of relative valuation of sub clases of land, sub ject to the condition that it does not exceed 21.8 hectares; (ii) where the number of member of a family exceeds five, the pe rmissible area shall be increased by one-fifth of the permissible area for each member in excess of five, subject to the condition that additional land shall be allowed for not more than three such members. (3) Notwithstanding anything contained in sub-section (2), where any land is comprised in an orchard [on the appointed day], such land shall, for the purpose of d etermining the permissible area, be treated as barani land. [(4)(a) Where a person is a member of a registered co-operative farquotesdbs_dbs46.pdfusesText_46

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