PEPSU TENANCY AND AGRICULTURAL LANDS ACT, 1955

Preamble - THE PEPSU TENANCY AND AGRICULTURAL LANDS ACT, 1955

THE PEPSU TENANCY AND AGRICULTURAL LANDS ACT, 1955

[Act No. 13 of 1955]

[4th March, 1955]

PREAMBLE

An Act to amend and consolidate the law, relating to tenancies of agricultural lands and to provide for certain measures of land reforms.

It is hereby enacted in the Sixth Year of the Republic of India as follows .--

Section 1 - Short title, commencement and duration

(1)     This Act may be called the PEPSU Tenancy and Agricultural Lands Act, 1955.

 

(2)     The provisions [1] [section 7-A and Chapters IV, IV-A and IV-B shall save as otherwise provided in those provisions, come into force on the date of commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956], but the remaining provisions shall come into force on the sixth day of March, 1955.

(3)  [2] [-]

Section 2 - Definitions

In this Act, unless the context otherwise requires, -

(a)      'allotted' means a displaced person or a group of such persons to whom land is allotted in pursuance of the scheme contained in the notification of the Depart­ment of Rehabilitation No. 9R, dated the 23rd July, 1949, or in pursuance of any other scheme for allotment of evacuee land to displaced persons which the State Government may, by notification in the Official Gazette, specify for the purpose of this Act, and includes –

 

(i)       the legal representatives of such displaced persons; and

 

(ii)      in the case of an allotment to a group of displaced persons, each such person and his legal representatives;

 

(b)      'banjar land' means land which has remained uncultivated for a continuous period of not less than four years immediately preceding the date on which the question whether such land is banjar or not arises;

[3] [(bb) "Collector" has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), and includes any officer not below the rank of an Assistant Collector specially empowered by the State Government to per­form all or any of the functions assigned to the Collector under this Act.]

(c)      "Commissioner" has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), and includes any other officer specially em­powered -by-the State Government to perform all or any of the functions as­signed to the Commissioner under this Act;

 

(d)      "evacuee land" means land which is or which is deemed to be evacuee property under the Administration of Evacuee Property Act, 1950 (XXXI of 1950);

 

(e)      "khana damad" means a person who having married the daughter of a landowner having no male issue lives along with his wife in the house of his father-in-law and who according to the Custom is treated by him as his son;

 

(f)       "landowner" has the meaning assigned to it in the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), and includes an allotted;

[4] [Explanation.-- 

In respect of land mortgaged with possession, the mortgage shall be deemed to be the landowner.]

(ff)   "Non-Resident Indian" means a person of Indian origin who is either perma­nently or temporarily settled outside India, in either case -

(a)      for or on taking up employment outside Indian; or

 

(b)      for carrying on a business of vocation outside India; or

 

(c)      for any other purpose, in such circumstances as would indicate his inten­tion to stay outside India for an uncertain period.][5]

 

(g)      the expression "to cultivate personally" with its grammatical variations and cognate expressions means to cultivate on one's own account –

 

(i)       by one's own labour, or

 

(ii)      by the labour of such of one's relatives, as may be prescribed, or

 

(iii)     by servants or hired labour; 

 

(h)     "prescribed" means prescribed by rules made under this Act;

 

(i)       "standard acre" is a measure of land convertible with reference to the yield form, and the quality of, the soil, into an ordinary acre according to the prescribed scale;

 

(j)       "State" means the [6] [territories of the State of Punjab which, immediately before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union.]

 

(k)      "tenant" has the meaning assigned to it in the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887), but does not include a person –

 

(i)       who holds a right of occupancy, or

 

(ii)      who is relative of the tenant within the meaning of sub-clause (2) of clause (g);

 

(l)       "the President's Act" means the Patiala and East Punjab States Union Tenancy and Agricultural Lands Act, 1953 (President's Act 8 of 1953);

 

(m)    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 meanings assigned to them in either of those Acts.

Section 3 - Permissible limit

[7] [(1) "Permissible limit for the purposes of this Act means thirty standard acres of land, and where such thirty standard acres on being converted into or­dinary acres exceed eighty acres, such eighty acres :

Provided that in case of an allotted, -

(a)      who has been allotted land exceeding forty standard acres, the permissible limit shall be forty standard acres and where such forty standard acres on being con­verted into ordinary acres exceed one hindered acres, such one hundred acres; and

 

(b)      who has been allotted land exceeding thirty standard acres but not exceeding forty standard acres, the permissible limit shall be equal to the area of land allotted to him].

[8] [Explanation.-- 

For the purpose of determining the permissible limit of an allottee, the provisions of the proviso shall not apply to the heirs and successors of the allottee to whom land is allotted.]

(2)   For the purpose of computing the permissible limit under sub-section (1) -

(a)      where a person holds some as a landowner and some other land as an allotted both kinds of land shall be included;

 

(b)      land occupied by an occupancy tenant shall not be included in the holding of the landowner but it shall be included in the holding of the occupancy tenant in whom proprietary rights in respect of such land vest under the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act, 1954 (18 of 1954);

 

(c)      where a landowner owns land jointly with other landowners his share of such land as ascertained from the record of rights shall alone be included;

 

(d)      where a landowner died within a period of six months from the commencement of the President's Act, the permissible limit shall be determined with reference to the land which has developed upon each of his successors-in-interest, includ­ing any land held by such successors-in-interest immediately before the death of the landowner.

 

(e)      any transfer of land made by the landowner after the commencement of the President's Act shall be disregarded;

(f) [9] [-]

Section 4 - Act to override other laws

Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority.

Section 5 - Reservation of land for personal cultivation

(1)     Subject to the provisions of this section, every landowner owning land exceeding thirty standard acres snail be entitled to select for personal cultivation from the land held by him in the State as a landowner any parcel or parcels of land not exceeding in aggregate area the permissible limit and reserve such land for personal cultivation by intimating his selection in the prescribed form and manner to the Collector:

Provided that in making such selection, the landowner shall include to the extent of the permissible limit, all land which he held for personal cultivation immedi­ately before the commencement of the President's Act.

(2)     The right conferred by this section on a landowner to reserve land for personal cul­tivation shall cease if it is not exercised –

 

(a)      within a period of one year from the commencement of the President's Act, where the landowner is a member of the Armed Forces of the Union; and

 

(b)      within a period of six months from such commencement, in any other case.

Section 5-A - Reservation of additional land for personal cultivation in certain cases

[10] [Any landowner, -

(1)     whose permissible limit has been altered under the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, or

 

(2)     who on account of the provisions contained in sub-section (2) of section 7A is not entitled to resume reserved land or any part thereof, or

 

(3)     in the case of allottee whose allotment has been modified or revised after the commencement of the President's Act, shall be entitled, -

 

(a)      in any case where he has reserved land for personal cultivation under sec­tion 5, to reserve additional land for personal cultivation.

 

(b)      in any case where he was not entitled to reserve land for personal cultiva­tion to reserve such land for personal cultivation, not later than the expiry of six months from the date of commencement of the Act referred to in clause (1) and the provisions of section 5 shall so far as may be, apply to reservation of land for personal cultivation under this sec­tion as they apply to reservation of land for personal cultivation under that section.]

Section 6 - Land reserved for personal cultivation to be notified

(1)     The Collector shall in respect of every landowner notify in such form and manner as may be prescribed the par­ticulars of all lands reserved for the personal cultivation of the landowner under section 5 [11] [or section 5A, as the case may be.]

 

(2)     A copy of every notification issued under sub-section (1) shall, as soon as may be, be served upon the landowner concerned in the prescribed manner.

Section 7 - Termination of tenancy

(1)     [No tenancy other than a tenancy of the landowner who is member of the Armed Forces of the Union or a Non-Resident Indian][12] shall be ter­minated except in accordance with the provisions of this Act or except on any of the following grounds, namely .—

 

(a)      [13] [-].

 

(b)      that the tenant has failed to pay rent within a period of six months after it falls due:

[14] [Provided that no tenant shall be ejected under this clause unless he has been af­forded an opportunity to pay the arrears of rent within a further period of six months from the date of the decree or order directing his ejectment and he has failed to pay such arrears during that period;]

(c)      that the tenant, not being a widow, [15] [a minor, an unmarried woman, a member of the Armed Forces of the Union or a person incapable of cultivating land by reason of physical or mental infirmity] has after commencement of the Presi­dent's Act, sublet without the consent in writing of the landowner, the land com­prising his tenancy or any part thereof;

 

(d)      that the tenant has, without sufficient cause, failed to cultivate personally such land, in the manner and to the extent customary in the locality in which such land is situated;

 

(e)      that the tenant has used such land or any part thereof in a manner which is likely to render the land unfit for the purpose for which it was leased to him;

 

(f)       that the tenant, on demand, in writing by the landowner has refused to execute a kubuliyat agreeing to pay rent in respect of his tenancy in accordance with the provisions of sections 9 and 10.

(2)     [16] [-].

Section 7-A - Additional grounds for termination of tenancy in certain cases

[17] [(1) Subject to the provisions of sub-sections (2) and (3), a tenancy subsisting at the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, may be terminated on the following grounds in addition to the grounds specified in section 7, namely .--

(a)      that the land comprising the tenancy has been reserved by the landowner for his personal cultivation in accordance with the provisions of Chapter II;

 

(b)      that the landowner owns thirty standard acres or less of land and the land falls within his permissible limit:

Provided that no tenant [18] [other than a tenant of a landowner who is [member of the Armed Forces of the Union or a Non-Resident Indian][19] shall be ejected under this sub-section -

(i)       from any area of land if the area under the personal cultivation of the tenant does not exceed five standard acres, or

 

(ii)      from an area of five standard acres, if the area under the personal cultiva­tion of the tenant exceeds five standard acres, until he is allotted by the State Government alternative land of equivalent value in standard acres.

(2)   No tenant, who immediately preceding the commencement of the President's Act had held any land continuously for a period of twelve years or more under the same land­owner or his predecessor-in-title, shall be ejected on the grounds specified in sub-section (1)-

(a)      from any area of land, if the area under the personal cultivation of the tenant does not exceed fifteen standard acres, or

 

(b)      from an area of fifteen standard acres, if the area under the personal cultivation of the tenant exceeds fifteen standard acres :

Provided that nothing in this sub-section shall apply to the tenant of a landowner who, both at the commencement of the tenancy and the commencement of the President's Act, was a widow, a minor, an unmarried woman, a member of the Armed Forces of the Union or a person incapable of cultivating land by reason of physical or mental infirmity.

Explanation--

In computing the period of twelve years, the period during which any land has been held under the same landowner or his predecessor-in- title by the father, brother or son of the tenant shall be included.

(3)   For the purpose of computing under sub-sections (1) and (2) the area of land under the personal cultivation of a tenant, any area of land owned by the tenant and under his personal cultivation shall be included.]

Section 7-B - One time concession

The concession given under sections 7 and 7-A to the land owner who is a Non-Resident Indian shall be one time and shall be available only in respect of the land acquired or held by him before the commencement of the Pepsu Ten­ancy and Agricultural Lands (Amendment) Act, 1997.][20]

Section 8 - Security of tenure to certain tenants

[21] [Subject to the provisions of section 7, every tenant admitted after the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, shall hold land for a minimum term of three years:

Provided that nothing herein shall apply to the tenant of a person who is a widow, a minor, an unmarried woman, a member of the Armed Forces of the Union, or a person incapable of cultivating land by reason of physical or mental infirmity.]

Section 8-A - Certain sales of tenancy land not pre-emptible

[22] [(1) Notwithstanding any­thing to the contrary contained in 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.

(2)   Where, after the commencement of the President's 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 manner prescribed 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 Pepsu Tenancy and Agricultural Land (Amendment) Ordinance, 1958.

(3)   On receipt of an application under sub-section (2) the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity of being heard, determine the claim summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.

 

Section 8-B - Certain mortgagees to be deemed as tenants under the Act

(1)     Where, after the commencement of the President's 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)     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 manner prescribed 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 commencement of the Pepsu Tenancy and Agricultural Lands (Amendment) Ordi­nance, 1958.

 

(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 (3) or section 8A].

Section 9 - Maximum amount of rent payable

Notwithstanding any agreement, usage, decree or order of a court or any law for the time being in force, the maximum rent payable by a tenant in respect of the land leased to him shall not exceed one-third of produce of the land or the value of such produce, as the case may be.

Section 10 - Determination of rent

(1)     Subject to the provisions of section 9, the rent payable by a tenant shall be –

 

(a)      where the rent is fixed by an agreement in writing, the rent so agreed upon;

 

(b)      where there is no such agreement, the rent payable for the agricultural year immediately preceding the period in respect of which the rent falls to be deter­mined;

 

(c)      where it is not practicable to ascertain the rent for the previous agricultural year referred to in clause (b), the rent payable according to the usage of the locality;

 

(d)      where the case does not fall under any of the aforesaid clauses, a reasonable rent.

 

(2)     The reasonable rent referred to in clause (d) of sub-section (1) shall be determined by the prescribed authority who in determining such rent shall have regard to the follow­ing matters, namely .—

 

(a)      the rental value of any land leased for similar purposes in the locality;

 

(b)      the income from similar lands in the locality;

 

(c)      the prices of food grains and other commodities in the locality;

 

(d)      such other matters as may be prescribed.

Section 11 - Receipt for rent

(1)     Every landowner shall give or cause to be given a receipt for the pent received by him or on his behalf in such form and manner as may be prescribed.

Explanation.-- 

A receipt shall be deemed to have been given within the meaning of this sub-section, if it is handed over to the prescribed authority within seven days of receipt of rent by the landowner or by any person on his behalf.

(2)     If any landowner makes default in complying with the provisions of sub- section (1), the prescribed authority may, by order in writing, direct him to pay a penalty not exceed­ing three times the amount of land revenue payable in respect of the land relating to which the default is made.

Section 12 - Prohibition against recovery of excessive rent

Notwithstanding anything in any agreement, usage, or law for the time being in force, it shall not be lawful for any land­owner -

(a)      to recover from a tenant rent in excess of the amount specified in section 9 or section 10, as the case may be, or

 

(b)      to demand from a tenant any cess, rate or tax or service or payment of any description or denomination whatsoever, in addition to the rent lawfully recover­able under this Act.

Section 13 - Liability to refund amount unlawfully recovered

If the prescribed authority, after making such enquiry as it may deem fit, is satisfied that a landowner has recovered any rent, cess, rate or tax or received any service from any tenant in contravention of the provisions of section 12, the prescribed authority may direct the landowner -

(a)      to pay the Government as penalty a sum not exceeding ten times the excess amount recovered; and

 

(b)      to refund to the tenant the excess amount recovered from him; or

 

(c)      where the landowner has received any service from any tenant to pay to the tenant such sum by way of compensation as the prescribed authority may think fit.

Section 14 - Bar on eviction from dwelling house

(1)     If in any Abadi Deh or Gorah Deh a tenant is in occupation of a dwelling-house built on a site belonging to the landowner, the tenant shall not be ejected from such dwelling-house or the land immediately appurtenant there to and necessary for his enjoyment unless –

 

(a)      the landowner proves that the dwelling-house was not built at the expense of the tenant; and

 

(b)      such tenant makes default for a period exceeding one year in the payment of rent, if any, which he has been paying for the use and occupation of such house :

Provided that in the case of a tenant under an allotted, this sub- section shall have ef­fect as if for the word 'and' in sub-clause (a) the word 'or' were substituted.

(2)     The provisions of this section and the next succeeding section shall not apply to a dwelling-house which is situated on any land used for the purpose of agriculture in respect of which the tenancy has been terminated under the provisions of this Act.

Explanation.-- 

In this section and the next succeeding section, the expression 'land­owner' in relation to evacuee land means the Custodian of Evacuee Property within the meaning of the Administration of Evacuee Property Act, 1950 (XXXI of 1950).

Section 15 - Option to tenant to purchase site of dwelling-house

(1)     A tenant who is in occupation of a dwelling-house built at his own expense on a site belonging to the landowner shall have the right to purchase such site from the landowner at the price agreed upon in writing between him and the landowner or in the absence of any such agreement at such price as may be determined by the prescribed authority.

 

(2)     A tenant who intends to purchase the site of a dwelling-house in pursuance of the provisions of sub-section (1) shall give to the landowner a notice in writing in the pre­scribed manner of his intention to do so.

 

(3)     Where a landowner has received notice under sub-section (2), he shall within one month of the receipt thereof, communicate in writing to the tenant the price at which he is willing to sell to him the site of the dwelling- house.

 

(4)     Where a landowner fails to communicate to the tenant the price in respect of the site of the dwelling-house under sub-section (3), or where the tenant is not willing to pay the price demanded by the landowner for such site, the tenant may make an application in the prescribed form to the prescribed authority within the prescribed period for determination of the market value of the site.

 

(5)     On receipt of an application under sub-section (4), the prescribed authority shall, af­ter giving the parties an opportunity of being heard, determine, by an order in writing the market value of the site.

 

(6)     An order made under sub-section (5) shall be served upon the landowner and the ten­ant and if the tenant deposits with the prescribed authority the market value of the site of the dwelling-house as determined under that sub- section within six months, from the date of the service of the order upon him, the site shall be deemed to have been transferred to the tenant, and the amount so deposited shall be paid to the landowner.

 

(7)     The prescribed authority shall, on payment of the prescribed fee, issue to the tenant a certificate containing the prescribed particulars in respect of the site of the dwelling-house deemed to have been transferred to the tenant under sub-section (6) and notwithstanding anything certained in the Indian Registration Act, 1908 (XVI of 1908), no such certificate shall require to be registered under that Act.

 

(8)     Where a tenant fails to deposit the market value of the site of the dwelling-house un­der sub-section (6), he shall be deemed to have relinquished his right to purchase such site.

Section 16 - Right of tenant to make improvements on land

(1)     A tenant may at any time apply in writing to the landowner for permission to make improvements at his own expense on the land leased to him.

 

(2)     If, within one month of the receipt of such application, the landowner fails or refuses, without reasonable cause, to grant the required permission to the tenant, the tenant may make an application within the prescribed period to the prescribed authority for the grant of such permission.

 

(3)     Where an application is made to the prescribed authority under sub- section (2), the prescribed authority after giving the parties an opportunity of being heard, may make such order thereon as it may deem fit.

 

(4)     Where a tenant makes any improvements on the land leased to him, in accordance with an order made by the prescribed authority under sub-section (3), the tenant shall be deemed to have made such improvements with the permission of the landowner.

 

(5)     In this section, the expression 'tenant' includes a sub-tenant.

Section 17 - Compensation for improvements

(1)     A tenant who has made any improvements at his own expense on the land leased to him in accordance with the provisions of section 16, shall, if his tenancy is terminated under the provisions of this Act, be entitled to receive compensation for such improvements before-he can be ejected from such land.

 

(2)     The compensation payable to a tenant under sub-section (1), shall be determined by the prescribed authority in accordance with the value of such improvements at the date of termination of the tenancy and in determining such compensation the prescribed authority shall have regard to the following matters, namely .—

 

(a)      the amount by which the value of land has increased by reason of the improvements;