PUNJAB
SECURITY OF LAND TENURES (AMENDMENT) ACT, 1959 THE PUNJAB SECURITY OF LAND TENURES
(AMENDMENT) ACT, 1959 [Act No. 04 of 1959] [14th January, 1959] An Act to amend the Punjab Security of Land Tenures Act, 1953. Be it
enacted by the Legislature of the State of Punjab in the Ninth Year of the
Republic of India as follows:-- This
Act may be called the Punjab Security of Land Tenures (Amendment) Act, 1959. In
clause (b) of section 10-A of the Punjab Security of Land Tenures Act, 1953
(hereinafter referred to as the principal Act), after the words "for the
time being in force", the words "and save in the case of land
acquired by the State Government under any law for the time being in force or
by an heir by inheritance" shall be inserted. After
section 17 of the principal Act, the following sections shall be inserted,
namely:-- A.
Certain sales of tenancy lands not pre-emptible. (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 Preemption Act, 1913, and no decree of preemption
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 subsection the expression tenant includes a joint
tenant to whom whole or part of the land comprising the joint tenancy is sold
by landowner. (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)
An application received under subsection (2)
shall be disposed of by the Assistant Collector of the first grade in the
manner laid down in subsection (2) of section 10. 17-B.
Certain mortgagees to be deemed as tenants under the Act. (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)
Where a tenant referred to in subsection (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)
An application received under subsection (2)
shall be disposed of by the Assistant Collector of the first grade in the
manner laid down in subsection (2) of section 10." After
section 19 of the principal Act, the following sections shall be inserted,
namely:-- "19-A.
Bar of future acquisition of land in excess of permissible area. (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)
Any transfer, exchange, lease, agreement or
settlement made in contravention of the provisions of subsection (1) shall be
null and void. 19-B.
Future acquisition of land by inheritance, in excess of permissible area. (1)
If, after the commencement of this Act, any
person, whether as landowner or tenant, acquires by inheritance or bequest or
gift from a person to whom he is an heir any land or if after the commencement
of this Act and before the 30th July, 1958, any person has acquired by
transfer, exchange, lease, agreement or settlement any land, which, with or
without the lands already owned or held by him, exceeds in the aggregate the
permissible area, then he shall, within the period prescribed, furnish to the
Collector, a return in the prescribed form and manner 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)
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. (3)
If such person fails to furnish the
declaration, the provisions of section 5-C shall apply. (4)
The excess land of such person shall be at
the disposal of the State Government for utilization as surplus area under
clause (a) of section 10-A or for such other purposes as the State Government
may by notification direct. 19-C.
Power to cause delivery of possession of surplus area (1)
The Collector may from time to time by order
in writing direct the landowner or the tenant to deliver possession of the land
in his surplus area to the person resettled on such land by the State
Government or any officer empowered by it within ten days of the service of the
order on him. (2)
If the landowner or the tenant refuses or
fails without reasonable cause to comply with an order made under subsection
(1), the Collector may cause the possession of the land in the surplus area to
be delivered to the person resettled on it and may for that purpose use such
force as may be necessary. 19-D.
Exemption of certain lands The
provisions of this Act shall not apply to lands granted to any member of the
Armed Forces of the Union for gallantry". (1)
The Punjab Security of Land Tenures
(Amendment) Ordinance, 1958 (Punjab Ordinance No. 6 of 1958), is hereby
repealed. (2)
Notwithstanding such repeal, anything done or
any action taken under the Punjab Security of Land Tenures (Amendment)
Ordinance, 1958, shall be deemed to have been done or taken under this Act as
if this Act had commenced on the 30th day of July, 1958.
Preamble - PUNJAB SECURITY OF LAND TENURES
(AMENDMENT) ACT, 1959PREAMBLE