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1
THE PUNJAB LAND REFORMS
ACT, 1972
(Punjab Act No. 10 of 1973)
THE PUNJAB LAND REFORMS
RULES, 1973
reat tr-grEr 1.54-3-ar5r )4zikm. Pcf).- *), MT
BARE ACT
2017
Price : 120.00
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Prop. Singla Law Agency CONTENTS
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THE PUNJAB LAND REFORMS ACT,
(Punjab Act No. 10 of 1973) Section- - _ _ Page No. © All Rights Reserved With The Publisher 1.-Short title, extent and commencement • 1
| CHAPTER I PRELIMINARY | |||
| 1 | |||
| _ _ .,. .. 2. Declaration as to giving effect to certain directive principles | |||
| 1 Definitions | |||
| 1 | |||
| CHAPTER II CEILING OF LAND | |||
| 4. Permissible area | 3 | ||
| . . 5. Selection of permissible area and furnishing of declaration by | 4 | 
_ _ .,. ..
2. Declaration as to giving effect to certain directive principles 1
1 Definitions 1
CHAPTER II
CEILING OF LAND
4. Permissible area 3
. .
Publisher's Note: 5. Selection of permissible area and furnishing of declaration by 4
• Despite bin: best efforts and care, error and omissions can creep Certain persons Discrepancies if any may kindly be brought to our notice. Furth 6. Collection of information in case declaration is not furnished 4 notified that this publication is sold with the understanding thi 7. Determination of permissible and surplus areas 5 Publishers, Editor, Author are not responsible for any loss 8. Vesting of unutilized surplus area in the State Government 5 damage occuring to anybody from any such error or omission. 9
• . ._ Power to ta. ke possession of surplus area 5 Since the answers are merely suggestive, you may verify the sane 10.. Amount payable for the surplus area 6 from the basic documents, judgments, gazette notifications ( 11. Disposal of surplus area 6 recommended text books in case of doubts.
12. Bar on future acquisition of land in excess of permissible area 7
| 13 Power to separate share of landowners in joint lands | 7 | 
| 8 | |
| 14. Exemption of lands belonging to religious or charitable institutions | 
LASER TYPESET AT: institutions .
APSOLUTE INFOTECI! CHAPTER III
(COMPUTER DIVISION)
MISCELLANEOUS
| 15. Saving of certain rights of tenants to purchase land | 8 | 
| 16: Summary eviction and fine. | 9 | 
| 9 | 
Printed at: 17. Abrogation of pending decrees, orders and notices 9 18: Appeal, review and revision . .9
R-TECH OFFSET PRINTERS
Delhi-31 19. Correction df clerical errors
, 9
20. Court fees - 10
21. Bar of jurisdiction 10
22. Indemnity 10
23. Penalty for making false statements 10
3
CONTENTS
.7-
t4. Mode of recovery 10
25. Power to remove difficulties :1.0 THE PUNJAB LAND REFORMS ACT, 1972
26. Power to make rules 10 (Punjab Act No. 10 of 1973)
27. Exemption of certain lands from the operation of the Act 11
28. Repeal and Saving 12 Received the assent of the President of India on the 24th March, 1973 and was first published in the Punjab Gazette (Extra.) Legislative Supplement,
THE PUNJAB-LAND REFORMS-RULES, 1973 Part I, dated April 2, 1973/Chaitra 12, 1895. An Act to consolidate and amend the law relating to ceiling on land
1. Short title and comment 13 holdings, acquisition of proprietary rights by tenants and other ancillary matters
2. Definitions 13 in the State of Punjab.
3. Powers and Jurisdiction of Collector 13
4. Prescribed relation for self cultivation '13 Be it enacted by the Legislative of the State of Punjab in the Twenty- third Year of the Republic of India as follows:-
5. Selection of permissible area and furnishing of declaration 13
6. Procedure for obtaining information as required by section 6 14 1. Short title, extent and commencement- (1) This Act may be called the Punjab
7. Determination of permissible area and surplus area 14 Land Reforms Act, 1972.
8. Valuation of different classes of land 15 2. It extends to the whole of the State of Punjab.
9. Determination of area under assured irrigation when land in Nehri 15 3. It shall come into force at once. or Chahi
CHAPTER I
| 10. Valuation of the land for determining permissible area | 16 | |
| 17 | ||
| 11. Determination of value of gross produce for the purpose of | 
section 10 2. Declaration as to giving effect to certain directive principles.- It is hereby
12. Relevancy of revenue record for determining irrigated-and un- 18' declared that this Act is for giving effect to the policy of the State towards irrigated land securing the principles specified in clauses (b) and (c) of Articles 39 of the
13. Procedure for determining amount to be paid for surplus area 18 Constitution of India.
14. Manner of payment 18 3. Definitions.- In this Act, unless the context otherwise requires,-
15. Issue of vouchers for cash payment 18. (1) "appointed day" means the twenty-fourth day of January, 1971;
16. Procedure for Treasury Officer and Sub-Treasury Officer 19 (2) "banjar land" means land which has remained uncultivated for a
17. Procedure on application made under section 15 19 continuous period of not less than four years immediately preceding the date on which the question whether such land is baniar or not
18. Payment of purchase price 20
arises;
19. Court Fees 20
(3) "Collector" means the Collector of the district or any other officer not
20. Court fee or miscellaneous applications and process fees 20
below the rank of Assistant Collector of the first grade empowered in
21. Procedure to be followed generally 20 this behalf by the State Government;
22. Manner of service of notice or orders 20 (4) "family" in relation to a person means the person, the wife ,or
23. Repeal 20 husband, as the case may be, of such person and his or her minor
FORMS 21 children, other than a married minor daughter;
(5) "land" means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture,
4
THE PUNJAB LAND REFORMS ACT, 1972 3
2 THE PUNJAB LAND REFORMS ACT, 1972
CHAPTER II
and includes -
(a) the sites of buildings, and other structures on such land, and CEILING OF LAND
(b) banjar land; 4. Permissible area.- 1[(1) Subject to the provisions of section 5, no person shall
(6) "landowner" shall have the meaning assigned to it in Punjab Land own or, hold land as landowner or mortgagee with possession or tenant or Revenue Act, 1887 (Punjab Act XVII of 1887); partly in one capacity and partly in another in excess of the permissible area.] Explanation.- In respect of land mortgaged with possession, the mortgagee shall (2) 'Permissible area' shall mean in respect of - be deemed to be landowner; (a) land under assured irrigation and capable of yielding at least two crops in a year (hereinafter in this Act referred to as 'the first quality land')
(7) "minor" means a person who has not completed the age of eighteen years; seven hectares; or
(8) "orchard" means a compact area of land having fruit bearing trees (b) land under assured irrigation for only one crop in a year, eleven grown thereon in such number that they preclude, or when fully hectares; or
grown would preclude, a substantial part of such land from being used (c) barani land, 20.5 hectares; or for any other agricultural purpose but shall not include under banana
(d) land of other classes including banjar land, an area to be determined or guava trees or land comprised in vineyard; accordingly to the prescribed scale with reference to the intensity of
(9) "Pepsu law" means the Pepsu Tenancy and Agricultural Lands Act, irrigation, productivity and soil classification of such classes, having 1955; regard to the respective valuation and the permissible area of the
(10) "person" includes a company, family, association for other body of classes of land mentioned at (a), (b) and (c), above 2(subject to the individuals, whether incorporated or not, and any institution capable condition that the area so determined shall not exceed 21.8 hectares):
of holding property; Provided that—
(11) "prescribed" means prescribed by rules made under this Act; (i) where land consists of two or more classes, the permissible area shall
(12) "Punjab law" means the Punjab Security of Land Tenures Act, 1953; be determined on the basis of relative valuation of such classes of 1[(13) "self-cultivation" means cultivation by a landowner either personally land, subject to the condition that it does not exceed 21.8 hectares; or through any member of his family or through his brother, or (ii) where the number of member of a family exceeds five, the permissible through a servant or hired labour under the personal supervision of area shall be increased by one-fifth of the permissible area for each the landowner or supervision of a member of his family, subject to the member in excess of five, subject to the condition that additional land condition that the servant or hired labour is paid wages in cash or in shall be allowed for not more than three such members. kind or partly in cash and partly in kind but not as a share of the
(3) Notwithstanding anything contained in sub-section (2), where any land produce;]
is comprised in an orchard 3[on the appointed day], such land shall, for the
(14) 2[--I purpose of determining the permissible area, be treated as barani land.
(15) "surplus area" means the area in excess of the permissible area; 4[(4)(a) Where a person is a member of a registered co-operative
(16) "tenant" has the meaning assigned to it in the Punjab Tenancy Act, farming society, his share in the land held by such society together with his other 1887 (Act XVI of 1887) and includes a sub-tenant, and self-cultivating land, if any, or if such person is a member of a family, together with the land lessee, but shall not include a present holder as defined in clause (f) of held by every member of the family shall be taken into account for determining section 2 of the East Punjab Displaced Persons (Land Resettlement) the permissible area;
Act, 1949;
(b) Where a person is a member of a family, the land held by such person
(17) all other words and expressions used herein and not defined but together with the land held by every other member of the family, 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. 'Substituted by Punjab act No. 40 of 1973.
2 Added by Punjab Act No. 40 of 1973. 'Substituted for the words "at the commencement of this Act" by Punjab Act No. 40 of 1973. Substituted by Punjab Act No. 40 of 1973. " Substituted by Punjab Act No. 40 of 1973.
2 Omitted by Punjab Act No. 40 of 1973.
5
4 THE PUNJAB LAND REFORMS ACT, 1972 THE PUNJAB LAND REFORMS ACT, 1972
5
whether individually or jointly, shall be taken into account for Collector shall obtain the requisite information in the prescribed manner. determining the permissible area.] 7. Determination of permissible and surplus areas.- (1) On the basis of the
(5) In determining the permissible area, any land which was transferred by information given in the declaration furnished under section 5 or the sale, gift or otherwise, other than a bona fide sale or transfer, after the information obtained under section 6, as the case may be, and after making such appointed day but before the commencement of this Act, shall be taken into inquiry as he may deem fit, the Collector shall, by an order determine the account as if such land had not been transferred and the onus of proving the permissible area and the surplus area of a landowner or tenant, as the case may transfer as bona fide shall be on the transferor. be.
(6) For the purpose of valuation of land one and quarter hectares of banjar 3[(2) If any person referred to in sub-section (1) of section 5 fails to furnish land shall be treated as equivalent in value to one hectare of barani land. the declaration or files a declaration containing information which is false or
(7) which he knows or has reason to believe to be false or which he does not believe For evaluating the land of any person at any time under this Act, the to be true, he shall be punishable with the imprisonment which may extend to
land owned by him immediately before the commencement of this Act as well as
two years, or with fine which may extend to two thousand rupees or with both.]
the land acquired by him after such commencement by inheritance, bequest or
gift from a person to whom he is an heir shall be evaluated as if the evaluation (3) 2[---]
was being made on the appointed day and the land acquired by him after such (4) For the purpose of determining the surplus area of any person,- commencement in any other manner shall be evaluated as if the evaluation was (i) any judgment, decree or order of a court or other authority obtained being made on the date of such acquisition.
3[on or after the appointed day] and having the effect of diminishing
5. Selection of permissible area and furnishing of declaration by certain the surplus area of such a person; persons.- 1[(1) Every person, who on the appointed day or at any time (ii) a tenancy created 4[on or after the appointed day] in any land which thereafter, owns or holds land as landowner or mortgagee with possession or has been or could have been declared as surplus area of such a person tenant or partly in one capacity and partly in another in excess of the permissible under the Punjab law, the Pepsu law or this Act; area, shall select his permissible area and intimate his selection to the Collector,
and where land is situate in more than one district, to the Collectors concerned, shall be ignored.
through a declaration, to be furnished in. such form and manner and within such 8. Vesting of unutilized surplus area in the State Government.- Notwithstanding period, as may be prescribed and if such person has an adult son or adult anything contained in any law, custom or usage for the time being in force, but daughter, he shall also be entitled to select separate permissible area in respect subject to the provisions of section 15, the surplus area, declared as such under of each such son or daughter, as the case may be, out of the land owned or held the Punjab law or the Pepsu law, which has not been utilized till the by him, subject to the condition that the land so selected together with the land commencement of this Act and the surplus area declared as such under this Act, already owned or held by such son or daughter, shall not exceed the permissible shall, on the date on which possession thereof is taken by or on behalf of the area of each such son or daughter: State Government, vest in the State Government, free from all encumbrances
and in the case of surplus area of a tenant, which is included within the
Provided that where land is situated in more than one patwar circle, the permissible area of the landowner, the right and interest of the tenant in such declaration shall be supported by an affidavit in the prescribed form.]
area shall stand terminated on the aforesaid date:
(2) In making the selection, such a person shall include, firstly, land Provided that where any land falling within the surplus area is mortgaged mortgaged without possession and, secondly, land under self-cultivation on the with possession, only the mortgagee rights shall vest in the State Government. date of commencement of the period prescribed for furnishing the declaration
under sub-section (1), but shall not include area declared surplus under the 9. Power to take possession of surplus area.- (1) The Collector may, by an order Punjab law, the Pepsu law or this Act, other than the area which was exempt in writing, after an area has become surplus under the Punjab law or the Pepsu from utilization by the State Government immediately before such law or becomes surplus under this Act, direct the landowner or tenant or any commencement. other person in possession of such area to deliver possession thereof, within ten
6. Collection of information in case declaration is not furnished.- If any person fails to furnish the declaration in accordance with the provisions of section 5, the 1 Substituted by Punjab Act No. 22 of 1976. Omitted by Punjab Act No. 22 of 1976.
Substituted for the words "after the commencement of this Act" by Punjab Act No. 40 of 1973. Substituted by Punjab Act No. 15 of 2014 and published in Punjab Govt. Gaz. (Extra), August 04, Substituted for the words "after the commencement of this Act" by Punjab Act No. 40 of 1973.
2014.
6
6 THE PUNJAB LAND REFORMS ACT, 1972 THE PUNJAB LAND REFORMS ACT, 1972 7
days of the service of the order on him, to such person as may be specified in the as is comprised in the surplus area of the landowner of such a tenant; order, and
(2) if the landowner or tenant or any other person in possession of such (b) allotment to tenants, members of Scheduled Castes and Backward area refuses or fails without reasonable cause to comply with the order made Classes and - landless agricultural workers, of an area not exceeding under sub-section (1), the Collector may take possession of that area and may, two hectares of the first quality land or equivalent area, provided that for that purpose, use such force as may be necessary. the total area held or owned by any such allottee, after the allotment,
10. Amount payable for the surplus area.- (1) The Collector or the officer shall not exceed two hectares of the first quality land or equivalent authorised by the State Government in this behalf shall determine the amount area.
to be paid for the land which has vested in the State Government under section (3) Any scheme framed by the State Government under sub-section (2) may 8, in accordance with the principles hereinafter set out, that is to say— provide for the terms and conditions on which the rights of ownership are to be
(i) for the first three hectares of land, twelve times the fair rent, subject conferred on the tenants and also the terms and conditions on which the land to a maximum of five thousand rupees per hectare; comprised in the surplus area is to be allotted.
(ii) for the next three hectares of and, nine times the fair rent, subject to (4) The State Government may, by notification in the official Gazette add to, amend, vary or revoke any scheme made under this section. a maximum of three thousand seven hundred and fifty rupees per hectare; and (5) Notwithstanding anything contained in any law for the time being in force and save in the case of land acquired by the State Government under any
(iii) for the remaining and, six times the fair rent, subject to a maximum of law for the time being in force or by an heir by inheritance, no transfer or other two thousand and five hundred rupees per hectare.
disposition of land which is comprised in the surplus area under the Punjab law, Explanation.- For the purpose of this sub-section, 'fair-rent' shall mean the value the Pepsu law or this Act, shall affect the vesting thereof in the State of one-fifth of the gross produce of the land determined in the prescribed Government or its utilization under this Act. manner by the Collector or the officer authorised in this behalf by the State
Government. (6)
The utilization of any surplus area before the commencement of this Act
will not affect the right of the tenant to purchase land in accordance with the
(2) For the purposes of sub-section (1), the Collector or the officer provisions of section 15 or the right of the landowner to receive rent from the authorised by the State Government shall prepare a statement in such form and tenant settled on the surplus area till the tenant becomes the owner thereof. manner as may be prescribed and shall, after following the prescribed
(7) Where succession has opened after the surplus area or any part thereof procedure, apportion the amount amongst the persons, including tenants, has been determined by the Collector, the saving specified in favour of an heir having interests in the land.
by inheritance under sub-section (5) shall not apply in respect of the area so
(3) Where in the surplus area of any person mortgagee rights have vested in determined. the State Government, the amount payable to the mortgagee shall be the 12. Bar on future acquisition of land in excess of permissible area.-
mortgage money due to the mortgagee, or the amount payable under this section, whichever is less. (1) Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement, from and after the commencement of this Act, no
(4) The amount shall be payable either in lump sum or in half-yearly person, whether as landowner or tenant, shall acquire or possess by transfer, instalments not exceeding fifteen in the manner prescribed: exchange, lease, agreement or settlement any land, which with or without the Provided that the amount shall be applied firstly to discharge Government land already owned or held by him, in the aggregate, exceeds the permissible dues, secondly to meet the claims of secured creditors and then to pay the dues area:
of other claimants.
Provided that nothing in this section shall apply to land held by a co-
11. Disposal of surplus area.- (1) The surplus area, which has vested in the State operative society if the land owned or held by an individual member of the Government under section 8, shall be at the disposal of the State Government. society, together with his share in the land held by such a society, does not
(2) The State Government may, by notification in the official Gazette frame exceed the permissible area. a scheme for utilizing the surplus area under the Punjab law, the Pepsu law or (2) Any transfer, exchange, lease, agreement or settlement made in this Act by,- contravention of the provisions of sub-section (1) shall be null and void.
(a) conferment of rights of ownership on tenants in respect of such land 13. Power to separate share of landowners in joint lands.- (1) Where a person
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8 THE PUNJAB LAND REFORMS ACT, 1972 THE PUNJAB LAND REFORMS ACT, 1972 9
owns land jointly with other persons and his share of such land or part thereof hereinafter and the period of limitation for exercise of such a right has been or is to be declared as surplus area, the Collector, on his own motion, shall be one year from the date of commencement of this Act. may, after summary enquiry and after affording to such a person an opportunity (2) An application for the purchase of land under sub-section (1) shall be of being heard, separate his share of such land or part thereof in the land owned made to the Assistant Collector of the first grade having jurisdiction who shall, by him jointly with the other persons. after giving notice to the landowner and after making enquiry in the prescribed
(2) Where, after the declaration of the surplus area of any person and manner, determine the amount payable in respect thereof. before the utilization thereof, his land has been subjected to the process of (3) The tenant may pay the amount determined under sub-section (2) either consolidation, the Collector shall also be competent to separate the surplus area in lump sum or in half-yearly instalments not exceeding fifteen in the manner of such a person out of the area of land obtained by him after consolidation in prescribed.
the manner referred to in sub-section (1). (4) On the payment of the entire amount or the first instalment thereof, as
14. Exemption of lands belonging to religious or charitable institutions.- the case may be, the tenant shall be deemed to have become the owner of the Notwithstanding any judgment, decree or order of any court or authority, the land and the Assistant Collector shall, where the tenant is not already in provisions of this Chapter shall not apply to lands belonging to any religious or possession of the and, put him in possession thereof, subject to the provisions charitable institution of a public nature in existence immediately before the date of the Punjab Tenancy Act, 1887. of commencement of this Act, but not belonging to the mahant, mohtamim or (5) If a default is committed in the payment of any of the instalments, the manager thereof: entire outstanding balance shall, on application by the person entitled to receive
Provided that the exemption specified herein shall be admissible till such it, be recoverable as arrears of land revenue. time only as the land or income therefrom is utilized for the specified purpose of (6) If the land is subject to mortgage at the time of purchase, the land shall such institution and shall not be admissible to the lessees of such lands. pass to the tenant unencumbered by the mortgage, but the mortgage amount Explanation.- For the purpose of this section, 'religious or charitable institution' shall be a charge on the purchase price. means - 16. Summary eviction and fine.- (1) Any person who is in wrongful or
(i) a temple; unauthorised possession of any land,--
(ii) a gurdwara; (a) the transfer of which either by the act of parties or by the operation of
(iii) a gaushala; law is invalid under the provisions of this Act; or
(iv) a wakf as defined in clause (ii) of section 3 of the Wakf Act, 1954 (b) to the use and occupation of which he is not entitled under the (Parliament Act 29 of 1954); or provisions of this Act;
(v) any other religious place of the public nature. may, on an application made within a period of one year of such wrongful or unauthorised possession, and after summary enquiry, be ejected by the
CHAPTER III
Collector, who may also impose on such person a penalty not exceeding one MISCELLANEOUS thousand rupees.
15. Saving of certain rights of tenants to purchase land.- (1) Notwithstanding (2) The Collector may direct that the whole or any part of the penalty anything contained in this Act, a tenant who was entitled to purchase the land imposed under sub-section (1) shall be paid to the person who has sustained any comprised in his tenancy, under section 18 of the Punjab law or section 22 of the loss or damage by the wrongful or unauthorised possession of the land. Pepsu law, as the case may be, immediately before the commencement of this 17. Abrogation of pending decrees, orders and notices.- No decree or order of Act, shall be entitled to purchase such land from the landowner on the same any court or authority and no notice of ejectment shall be valid save to the terms and conditions, as were applicable immediately before such extent to which it is consistent with the provisions of this Act. commencement: 18. Appeal, review and revision.- The provision in regard to appeal, review and
Provided that - revision under this Act shall, so far as may be, the same as provided in sections
(i) the amount payable by the tenant for the land shall be equivalent to 80, 81, 82, 83 and 84 of the Punjab Tenancy Act, 1887 (Act XVI of 1887). ninety times the land revenue (including rates and cesses) payable for 19. Correction of clerical errors.- Clerical and arithmetical mistakes in any order such land or five hundred rupees per hectare, whichever is less; and passed by any officer or authority under this Act or errors arising therein from
(ii) the procedure for purchase of such land shall be as is specified any accidental slip or omission may at any time be corrected by such officer or
8
10 THE PUNJAB LAND REFORMS ACT, 1972
THE PUNJAB LAND REFORMS ACT, 1972 11
authority either of his own motion or on an application received in this behalf
27. Exemption of certain lands from the operation of the Act.- The provisions of from any of the parties.
20. Court fees.- Notwithstanding anything contained in the Court-fees Act, 1870 this Act shall not apply to -
(a) lands owned by or vested in the State Government otherwise than (VII of 1870), every application, appeal or other proceeding under this Act shall under the provisions of this Act, or lands taken on lease by the State
bear a court-fee stamp of such value as may be prescribed.
Government;
21. Bar of jurisdiction.- (1) Save as provided by or under this Act, the validity of
(b) lands belonging to or vested in a local authority or the Punjab any proceedings or order taken or made under this Act shall not be called in Agricultural University or any corporation owned or controlled by the question in any court or before any other authority. Central Government or the State Government;
(2) No civil court shall have jurisdiction to entertain any suit, or proceed (c) lands owned by or vested in or taken on lease by the Central with any suit instituted after the appointed day, for specific performance of a Government;
contract for transfer of land which affects the right of the State Government to
(d) lands owned by the Bhoodan Yagna Board under the Punjab Bhoodan the surplus area under this Act. Yagna Act, 1955; and
22. Indemnity.- No suit or other legal proceedings shall lie against any authority (e) lands owned or held by an agricultural co-operative credit society, in respect of anything done in good faith in pursuance of the provisions of this Land Mortgage Bank, the State or Central Co-operative Bank or any Act. other Bank;
23. Penalty for making false statements.- If, during, the course of any 1[(f) lands owned by an educational institution, recognised by Government, proceedings under this Act, any person makes a declaration or a statement or which is engaged in the education and research in agricultural sciences furnishes any information which is false or which he knows or has reason to and has been conducting such education and research on the believe to be false or which he does not believe to be true, he shall be appointed day;
punishable with imprisonment which may extend to '[two years, or with fine (g) lands owned by an educational trust of public nature in existence on which may extend to two thousand rupees, or with both.] the appointed day]:
24. Mode of recovery.- Any amount payable under this Act including the amount Provided that nothing in this section shall apply to a lessee of any of the of penalty imposed under this Act may be recovered as arrears of land revenue. authorities or institutions referred to above.
25. Power to remove difficulties.- If any difficulty arises in giving effect to the '[(h) land acquired by a person for non-agricultural purposes and falling provisions of this Act, the State Government may, by order published in the within the Municipal area as defined in clause (8-c) of section 3 of the official Gazette, make such provision or give such directions not inconsistent Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911) or the urban with the provisions of this Act, as appears to it to be necessary or expedient for area as defined in clause (60) of section 2 of the Punjab Municipal removing such a difficulty. Corporation Act, 1976 (Punjab Act No. 42 of 1976);
(i) land acquired by a person and put to non-agricultural use, or land in 26. Power to make rules.- (1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
respect of which permission, wherever applicable, has been granted
for its use for non-agricultural purposes by the State Government; and
(2) Every rule made under this section shall be laid, as soon as may be after
0) land not covered under clauses (h) and (i), acquired by a person for it is made, before the House of the State Legislature while it is in session for a non-agricultural purposes:
total period of ten days which may be comprised in one session or two
Provided that a person desirous of conversion of land use for non-
successive sessions, and if before expiry of the session in which it is so laid or the
agricultural purposes shall make an application to the State Government within
session immediately following, the House agrees in making any modification in
the rule or the House agrees that the rule should not be made, the rule shall one year from the
.date of commencement of the Punjab Land Reforms (Amendment) Act, 2011 or within one year of the acquisition of land, whichever thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without is later:
prejudice to the validity of anything previously done under that rule. . Provided further that if such person fails to apply for permission within one - year or is denied such permission or continues to use the land for agricultural
Substituted for the words "six months, or with fine which may extend to one thousand rupees" Added by Punjab Act No. 40 of 1973. by Punjab Act No. 22 of 1976. 2 Inserted by Punjab Act No. 32 of 2011 and shall be deemed to have come into force on and with effect from the 24th January, 1971.
9
12 THE PUNJAB LAND REFORMS ACT, 1972
purposes after obtaining permission or reverts to agricultural use of the land at any subsequent stage, then such and shall be excluded from the purview of this 1THE PUNJAB LAND REFORMS RULES, 1973 clause.]
Explanation.- In exercise of the powers conferred by sub-section (1) of section 26 of For the purposes of clause (c) "bank" means a banking company as the Punjab Land Reforms Act, 1972 (Punjab Act No. 10 of 1973), Governor of
defined in section 5 of the Banking Regulation Act, 1949, and includes the State
Punjab is pleased to make these rules for carrying out the purpose of the Act.
Bank of India constituted under the State Bank of India Act, 1955, a subsidiary
bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, a
corresponding-new. bank-as-defined-in-the-Banking-Companies- 1.
Short title and comment.- (1) These rules may be called the Punjab Land
,(Acquisition and
Reforms Act, 1973.
Transfer of Undertakings) Act, 1970, and Agricultural Refinance Corporation
constituted under the Agricultural Refinance Corporation Act, 1963. (2) They shall come into force at once.
28. Repeal and Saving.- (1) The Punjab Security of Land Tenures Act, 1953 and 2. Definitions.- In these rules, unless the context otherwise requires— the Pepsu Tenancy and Agricultural Lands Act, 1955, in so far as these are (a) "Act" means the Punjab Land Reforms Act, 1972; inconsistent with the provisions of this Act, are hereby repealed.
2 [(b) "Circle Revenue Officer" means the Assistant Collector of the Second
(2) The repeal of the enactments mentioned in sub-section (1), hereinafter Grade or any other office; not below the rank of Naib-Tehsildar, referred to as the said enactments, shall not affect - authorised by the Collector in this behalf].
(i) the proceedings for the determination of the surplus area pending (c) "form" means a form appended to these rules; immediately before the commencement of this Act, under either of
(d) "schedule" means a schedule appended to these rules; the said enactments, which shall be continued and disposed of as if this Act had not been passed, and the surplus area so determined shall (e) "section" means a section of the Act; vest in, and be utilised by, the State Government in accordance with 3[3. Powers and Jurisdiction of Collector.- Where a person owns or holds land as the provisions of this Act: landowner or tenant in more than one revenue district, the Collector having Provided that such proceedings shall, as far as may be, be continued and jurisdiction in the area, where the largest portion of such land is situate, shall be disposed of, from the stage these were immediately before the commencement the Collector within the meaning of sub-section (3) of section 3]. of this Act, in accordance with the procedure specified by or under this Act, 4. Prescribed relation for self cultivation.- Rule 4 omitted on 16.11.1979] 1 [and the cases pending before the Pepsu Land Commission immediately before 5. Selection of permissible area and furnishing of declaration.— (1) Every the date of commencement of this Act shall stand transferred to the Collector of person, who on the appointed day or at any time thereafter, owns or holds as the district concerned for disposal:] landowner or tenant or mortgagee with possession or partly in one capacity and Provided further that nothing in this section shall affect the determination partly 'in another, in excess of the permissible area shall intimate his selection and utilisation of the surplus area, other than the surplus area referred to above, through a declaration in form A, to be furnished in duplicate personally or by in accordance with the provisions of this Act; registered post (acknowledgement due).
(ii) the previous operation of the said enactments or anything duly done (2) In the case of a person who owns or holds lands as landowner or tenant or suffered thereunder; or mortgagee with possession or partly in one capacity and partly in another, in
(iii) any right, privilege, obligation or liability acquired, accrued or incurred excess of the permissible area on the appointed day or at any time before the under the said enactments, in so far as such right, privilege, obligation, commencement of these rules, the declaration referred to in sub-rule (1) shall or liability is not inconsistent with the provisions of this Act and any be furnished within a `(period of four months and fifteen days] of the date of proceeding or remedy in respect of such right, privilege, obligation or commencement of these rules and in the case of a person, who, becomes liable liability may be instituted, continued or enforced as if.this Act had not to furnish the declaration at any time after the commencement of these rules, been passed: the declaration shall be furnished within a 5[period of four months and fifteen/
Provided that such proceeding or remedy shall, as far as may be, instituted,
continued or enforced in accordance with the procedure specified by or under 1 Publishediri Punjab Govt. Gaz. (Extra) July 4,1973 vide G.S.R. 60/P.A. dated 4.7.1973. this Act. 'Substituted vide Notification No. G.S.R. 162/P.A. dated 16.11.1979.
3 Substituted vide Notification No. G.S.R. 11/PA dated 8th February, 2008, w.e.f. 13.2.2008. Substituted vide Punjab Govt. Gaz Notification No. GSR 87/PA dated 4.10.1973. 'Added by Punjab Act No. 40 of 1973. 'Substituted vide Punjab Govt. Notification No. G.S.R. 87/PA dated 4.10.1973.
10
THE PUNJAB LAND REFORMS RULES, 1973 15
14 THE PUNJAB LAND REFORMS RULES, 1973
Revenue Officer.
days] of the date on which he becomes so liable. 8. Valuation of different classes of land.- The valuation of different classes of 'Provided that the period of four months and fifteen days shall be deemed land shall be as follows:-
to have been extended for a period of one year to file declaration referred to in
(i) Land under assured irrigation and capable of yielding at least two sub-rule (1), if the person is a developer/promoter of a project and requires the crops in a year - 100 per cent. land for the purposes other than agricultural or subservient to agriculture or for
(ii) Land under assured irrigation for only one crop in a year - 63.6 per pasture and has applied for change of land use to the concerned department of the State Government within a period of four months and fifteen days. IL cent.
Explanation.- (iii) Barani Land - 34 per cent. For the purpose of this sub-rule, a developer/promoter shall mean a person who requires land to develop a project other than a project of (iv) Sailab, Bet Sailab, Dakar, Rosli, Bhud, Chhamb, Thur, Sem Kellar and agricultural purpose or purpose subservient thereto or a pasture, to be Banjar Jadid, not falling under sub-clauses (i),(ii) and (Hi)-34 per cent. approved by the concerned department of the Government of Punjab.] (v) Banjar - 27 per cent.
2 [2-A] If any person referred to in sub-rule (2) failed to furnish the 9. Determination of area under assured irrigation when land is Nehri or
declaration within the period specified in sub-rule (2) or furnished a declaration, Chahi.—(1) Where land is commanded for irrigation by perennial canal the area which is false or which he knows or has reasons to believe to be false or which of such land shall be multiplied by half of the irrigation intensity ratio specified he does not believe to be true he shall furnish a declaration within a period of against such a canal in Schedule 'A'. The figure thus arrived at shall be treated as thirty days from the date of commencement of the Punjab Land Reforms the land under assured irrigation and capable of yielding at least two crops in a (Amendments) Act, 1976]. year and the remaining area of such land shall be treated as Barani Land.
3. If the lands owned or held by a person are situate in more than one tehsil, (2) Where land is commanded for irrigation by non-perennial canal, the area the declaration shall be furnished to the Collector having jurisdiction in the area of such land shall be multiplied by the irrigation intensity ratio specified against in which the largest portion of such lands is situate. such a canal in Schedule 'A'. The figure thus arrived at shall be treated as the
4. In the case of a family, the declaration shall be filed by the husband and land under assured irrigation for crop in a year and the remaining area of such where the husband is dead or does not own or hold any land, by the wife and in land shall be treated as Barani Land. any other case by the eldest surviving child, who is a member of the family. (3) Where land is commanded for irrigation by a tubewell owned by the
5. On receipt of the declaration the Collector shall issue a receipt to the Government, the area of such land shall be multiplied by half the irrigation person furnishing the declaration. intensity ratio specified against such a tubewell in Schedule 'A'. The fiture thus
6. arrived at shall be treated as the land under assured irrigation 'and capable of Procedure for obtaining information as required by section 6.- (1) Where a yielding at least two crops in a year and the remaining area of such land shall be
person, who is required to furnish a declaration in accordance with the
provisions of section 5, fails to do so, the Collector may cause necessary entries treated as Barani Land.
in Form A to be filled up by the Patwari or Patwaris concerned. (4) Where land is irrigated by water drawn from a privately owned tubewell, pumping set, open well or bore, the land under assured irrigation and capable of
(2) The correctness of entries in the form filled-up by the 3[Patwari or yielding at least two crops in a year shall be according to the norms specified in Patwaris as the case may be] shall be verified by the Circle Revenue Officer
concerned. Schedule 'B'. The remaining area shall be treated as Barani Land.
7. (5) Where irrigation by canal water or Government-owned tubewell is Determination of permissible area and surplus area.- On receipt of form A, supplemented by water drawn from a privately owned tubewell, pumping set, the Collector shall, after satisfying himself as to the correctness of the entries
opeA well or bore, the area determined in accordance with the provisions of
made therein, and after giving an opportunity to the landowner, mortgagee with
Schedule 'B' shall also be taken into consideration for the purpose of this rule.
possession or tenant, as the case may be, of being heard and after making such
enquiry as he may deem necessary by an order, determine the permissible area (6) Where a tubwell, a pumping set, an open well or bore has been installed and the surplus area of a landOwner or mortgagee with possession or the on or before the appointed day in the land described in the Jamabandi prepared
tenant, as the case may be. A copy of such order shall be endorsed to the Circle immediately before that day as Banjar Jadid or Banjar Qadim, the land
determined in accordance with the provisions of Schedule 'B' shall be treated as
Proviso added by Punjab Govt. Notification:No. GSR 10/PA dated 8.2.2008, w.e.f. 12.2.2008. land under assured irrigation and capable of yielding at least two crops in a year
2 Sub-rule (2-A) inserted vide Notification No. G.S.R. 41/PA dated 30.4.1976. 'Substituted for the word "Patw,ari" vide Notification No. 69/PA dated 2.9.1987.
11
THE PUNJAB LAND REFORMS RULES, 1973 17
16 THE PUNJAB LAND REFORMS RULES, 1973
Land under assured irrigation for one crop = 12X55/100 = 6.6 hectares. or land under assured irrigation for only one crop in a year depending on whether according to the khasra-girdawari record of the year 1970 at least two Land deemed to be Barani out of 12 hectares =12 - 6.6 = 5.4 hectares. crops were raised on this land or only one crop was raised; The first quality land irrigated by canal water = 6.6X63.6/100 = 4.2 hectares.
10. Valuation of the land for determining permissible area.— For the purpose Total Barani land including land deemed to be of proviso (i) of clause (d) of sub-section (2) of section 4, the land owned or held Barani = 20+5.4 = 25.4 hectares. by a person shall be valued according to the relative valuation of various classes Value of the Barani land in terms of first of land as given in rules 8 and 9 and the whole of the land shall be converted
into- the- firstqualityland.-A-fteritis-so- valuedand-eonverted-the-landln excess of
Quality land = 25.4X34/100 hectares.
seven hectares of first quality land shall be treated as surplus area. The figure Value of Banjar land in terms of the first .arrived at on the basis of total valuation of all the classes of land. shall be treated Quality land = 10X27/100 hectares as land of the class referred to in clause (a) of sub-section (2) of section 4 and Total value of the land in terms of the first the permissible area and the surplus area shall be determined accordingly. Quality land = 4.2+25.4X34/100+10X27/100 - 4.2+8.636X27 = 15.536 hectares.
Illustrations— Permissible area in terms of the first quality land = 7 hectares.
(1) A person has 20 hectares of land commanded for irrigation by a Surplus area in terms of the first quality land = 8.536 hectares. perennial canal the projected intensity .r atiowhereof is 62 per cent for
the whole year. There is .a privately owned tubewell with a motor of 5 The land selected by this person as his permissible area shall be valued H.P. installed in that land. Besides, he has Barani land measuring 10 accordingly. The area equivalent to 7 hectares of the first quality land shall be hectares. In this case, the permissible area shall be worked out as allowed to him as permissible area and the rest shall be declared surplus area]. follows: 11. Determination of value of gross *duce for the purpose of section 10.—
The first quality land irrigated by canal water - The value of the gross produce referred to in the explanation to sub-section (1) of, section 10 for the purpose of determining fair rent shall be determined on the
20X62/2X1/100 = 6.2 hectares.
following basis:-
The first quality land irrigated by tubewell = 5 hectares.
(1) The gross produce per agricultural year per hectare of the land shall be Total area of the first quality land = 6.2 + 5 = 11.2 hectares. the total of average yield of crops generally grown on such lands in the National Land deemed to be Barani out of 20 hectares = 20-11.2 = 8.8 hectares. Extension Service Block in which land is situate. Barani Land = 10 hectares. (2) The average yield per hectare of a crop grown on a certain land shall be Total Barani land including land deemed to be Barani =10+8.8=18.8 hectares. worked out by taking the arithmatic average of the yield as determined by crop cutting experiments on such class of land during a period of five years
Value of the Barani land in terms of the first quality land 18.8X34/100 = 6.392
immediately preceding the appointed day.
hectares;
Value of the whole land in terms of the first quality land = 11.2 + 6.392 = 17.592 (3) If
results of crop cutting experiments are not available either for irrigated or for un-irrigated land the average yield, per, hectare of a crop grown on hectares. irrigated land shall be taken as twice the average yield per hectare of such crop Permissible area in terms of first quality land = 7 hectares. '- grown on un-irrigated and vice versa. Surplus area in terms of the first quality land = 10.592 hectares. (4) The value of gross produce for one hectare or uncultivated Kallar, Sem, Land selected by this person as his permissible area shall be valued accordingly. Thur and Banjar land shall be taken as 80 per cent of the value determined for The area equivalent to 7 hectares of the first quality land shall be allowed to him gross produce for one hectare of Barani land. as permissible area and the rest shall be declared as surplus area. (5) If results ot crop cutting- experiments are not available for any block to / 1 [(2) A person has 12 hectares of land commended by a non-perennial canal determine the average yield of any particular crop, the average yield as recorded the projected intensity ratio whereof is 55 per cent. Besides, he has 20 hectares in the Season and Crop Report prepared immediately before the appointed day of Barani land and 10 hectares of Banjar Land. shall be taken to be the average yield.
Total area of irrigated land = 12 hectares. (6) The money value of the gross produce shall be arrived at by multiplying the gross produce determined according to sub-rules (1), (2), (3), (4) and (5)
Substituted vide Notification No. GSR 138/PA dated 7.12.1976.
12
THE PUNJAB LAND REFORMS RULES, 1973 19
18 THE PUNJAB LAND REFORMS RULES, 1973
above, by the average market value determined by taking the arithmetic average officer authorised by the State Government, who shall keep the book in his of the market prices of crops prevailing in the principal market of the area of personal custody and shall before commencing the use thereof, send an 15th June (for Rabi) and 15th January (for Kharif) for a period of 3 preceding intimation to the Treasury Officer or Sub-Treasury Officer, as the case may be, in form 'F'. Ordinarily, only one book 1[shall be issued at a time] by the Treasury years;
Officer or Sub-Treasury Officer to the Collector or to the Officer concerned.
Provided that where the procurement price is fixed by the Government of
India in respect of a certain crop, it will be taken as the market price of the crop (2) A voucher, which is not encashed within a period of three months from the date of its issue, shall cease to be valid unless it is, on an application by the
for the purpose of sub-rule (6).
holder thereof, countersigned and revalidated for payment by the Collector of
12. Relevancy of revenue record ore erminmg irrilared an un-irriga e an officer authorised by the State Government. The holder, on failure to obtain land,— For--the •purpose—of -these rules,•-the—relevant _revenue record for payrnent within three months from the date of issue, shall submit the voucher determining whether the land is irrigated or un-irrigated shall be the entries in
with an application for its revalidation.
khasra girdawari record for the year 1970;
(3) In case of loss, destruction or 2[mutilation of the voucher] the holder Provided •that when the land is acquired by a person [on or after the may apply for the ,i ssue of fresh voucher. A new voucher shall not be issued until appointed day] in any manner, other than by inheritance, bequest or gift from a after the expiry of six months from the date of 3[issue of the said voucher] and - person to whom he is an heir, the relevant revenue record for the aforesaid until non-payment certificate has been obtained from the Treasury Officer or purpose shall be the khasra girdawari record prepared immediately before such
Sub-Treasury Officer.
acquisition.
16. Procedure for Treasury Officer and Sub-Treasury Officer.-- (1) The Treasury
13. Procedure for, determining amount to be paid for surplus area.— (1) The Officer or Sub-Treasury Officer, as the case may be, shall keep an account of statement referred to in sub-section (2) of section 10 shall be prepared in form vouchers, presented and encashed on each day of payment; in form `G'. These forms shall be kept in a guard file. Where no payments are made on any day^the
(2) After the statement referred to in sub-rule (1) has been prepared, the Treasury Officer or Sub-Treasury Officer shall prepare a blank statement in this C011ector or the officer authorised by the State Government 1[shall serve a ninety form.
days' notice] in form 'C' on the persons having interest in the land. (2) The Treasury Officer or Sub-Treasury Officer shall prepare a monthly
(3) When the period-specified in the notice issued under sub-rule (2) has statement in form 'H' and send one copy thereof to the Collector of the district expired, the Collector or the officer authorised by the State Government, after or the officer authorised by the State Government, who shall consolidate all the taking into consideration the claims put in by various persons and after such statements for the district on form 'I'. enquiry as he deems necessary shall apportion the amount.determined under
17. Procedure on application made under section 15.- (1) The application under sub-section (1) of section 10 amongst the persons having interest in the land. sub-section (2) of section 15 shall be made in form '1'. 2[14. Manner of payment —Where the amount determined under sub-section
(2) The Assistant. Collector of the first grade shall after verifying the
(1) of section 10 is one thousand rupees or less, it shall be paid in lump sum. particulars given in the application made under sub-rule (1) and after making a Where the amount is more than one thousand rupees, 3[at least one thousand summary enquiry, determine the amount payable in respect of the land for rupee or the amount of instalment whichever is more], will be paid in lump sum
which the application is allowed.
and the remaining amount in half-yearly equated instalments not exceeding
fifteen; (3)
When a tenant has become owner of any land in accordance with the
provisions of the sub-section (4) of section 15, the Assistant Collector of the first
Provided that half yearly instalments will not be less than five hundred grade shall issue to him a certificate in form 'K'. The Assistant Collector of the rupees each, the last instalment being the amount in balance]. first grade shall prepare three copies of such certificate, one to be placed on the
15. Issue of vouchers for cash payment.- (1) The amount shall be paid by issuing file, the second to be sent to the landowner and the third to the patwari vouchers in form 'D'. A took containing such vouchers shall be kept in double- concerned, who shall made entries in the mutation register in accordance With lock by the Treasury Pfficer or Sub-Treasury Officer, as the case may be, and
shall; on receipt of a demand in form 'E' be issued to the Collector or to an
'Substituted vide Notification No. 69/PA dated 2.9.1987.
1 Substituted for words 'serve a notice' vide Notification No. 69/PA dated 2.9.4987. 'Substituted vide Notification No. 69/PA dated 2.9.1987. 'Substituted vide Notification No.69/PA dated 2.9.1987.
2 Rule 14 substituted vide Notification No. 162/PA dated 16.11.1979.
3 Substituted vide Notification No. 69/PA dated 2.9.1987.
13
20 THE PUNJAB. LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 21
the certificate which shall, for purposes of attestation of the mutation and FORM 'A' charging of fee, be treated as if it were an order of a revenue officer. (See rule 5)
1 [18. Payment of purchase price.- (1) The amount determined under sub-section
(2) of section 15 shall be paid in lump sum where it does not exceed two (To be furnished in duplicate for each district under rule 5 of the Punjab Land hundred rupees and in fifteen equated half yearly instalments in other cases.) Reforms Rules, 1973)
Name of the landowner/tenant , son of (2) The lump sum or the first instalment of the amount determined under resident of Patwar Circle sub-section (2) of section 15 shall be deposited in a Government Treasury or
Sub-Treasury or paid to the Assistant Collector of the first grade having Tehsil
jurisdiction within fifteen days of such determination and every subsequent 1[(a) Name of minor children with their ages on 24th January, 1971. instalment shall be paid within fifteen days of the date on which it becomes due.
19. Court fees.- An appeal or an application for review or revision, as the case
Sr. No. Name Age
may be, shall be made on -
1.
(a) one-rupee court fee stamped paper, when made to the Collector.
2.
(b) two-rupee court fee stamped paper, when made to the Commissioner, and 3.
(c) four-rupee court fee stamped paper, when made to the Financial 4. Commissioner. 5.
20. Court fee on miscellaneous applications and process fees.- Save as provided om separate permissible area is selected:
in rule 19, an application made under the provisions of the Act, shall bear one- Sr. No. Name rupee court fee stamp. Process fees shall be chargeable as prescribed by or
under the Court Fees Act, 1870 (Act VII of 1870). 1.
21. Procedure to be followed generally.- In all proceedings under the Act and 2. these rules, the Collector or any other officer shall, in respect of matters for 3. which provision has not been made in the Act or these rules, observe the 4. procedure prescribed for revenue officers under the Punjab Tenancy Act, 1887,
5.]
and the rules thereunder.
22. Manner of service of notice or orders.- Save as otherwise provided in these PART-I (Village-wise)
rules, notices or orders under the Act, shall he served in the manner provided in Section 90 of the Punjab Tenancy Act, 1887 (Act XVI of 1887).
23. Repeal.- .The Punjab Security of Land Tenures Rules, 1953, the Punjab Total v area Area held as Area Particulars 'of Particulars of Name of owned and a tenant cultivated in area land tenants under Security of Land Tenures Rules, 1956 and the Pepsu Tenancy and Agricultural area (if any) any other transferred acquired the Lands Rules, 1958, in so far as they are inconsistent with the provisions of these held as capacity since 246 since 24th landowners rules, shall stand repealed.
mortgagee January, 1971 January, with area held
with with names of 1971 by each and
possession the the date from
on as a share transferees, which the
in a Co- and nature of tenancy
operative transfer, commenced
Society (to be whether sale
indicated or gift or
separately) other- wise
'Substituted vide Notification No.87/PA dated 4.10.1973.
Substituted vide Notification No. G.S.R. 87/PA/10/73/S.26(Amd.)73 dated 4.10.1973.
14
22 THE PUNJAB LAND REFORMS RULES, 1973
THE PUNJAB LAND REFORMS RULES, 1973 23
1 2 3 4 5 6 Receipt
Received form 'A' (in duplicate) from Shri/Shrimati resident of
Dated 19
Collector
PART H (Village-wise District
(Details of Khasra. N os. owned or held as a mortgagee with possession and as a tenant
FORM "B"
Khasra NO. Area Kind ofland Whe-ther — Whether - - Whether also clearly irrigated, if irrigation selected as a (See Sub-rule (I) of rule 13) mentioning if so; source of available for part of 1. Name of the landowner or tenant under irrigation one crop or permissible
orchard for two crops 'area. If, so, 2. Address
excluding whether 3. Fair rent, in respect of land comprised 'Eland under reserved for in the surplus area
bananas or himself or his
guavas trees adult son.
or land Village and . Khasra and Area Class of land Amount of fair comprised -in tehsil in which Khewat No. rent
vineyard)] land is situated
1 2 3 4 5 6 1 2 3 4 5
Affidavit
I solemnly affirm that particulars given by me in the above form are true to the Note.- (Please mention the first quality land, the land with assured irrigation for best of knowledge and belief and that nothing has been concealed. one crop, barani land and banjar land in that order).
4. Amount payable for the surplus area- Dated 197 (a) Amount for the first three hectreas of land Landowner/Tenant
(b) Amount for the next three hectares of land
(c) Amount for the remaining area Attestation
Certified that the above declaration or solemn affirmation was made before me at
Signature of the Circle
It was read over to the deponent who admitted it as correct. Revenue Officer
Dated 197
Magistrate 151 Class/Oath Commissioner
1Substituted vide Notification No. G.S.R. 69/P.A. dated 2.9.1987
15
24 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 25
FORM 'C' Book No. Voucher No.
[See sub-rule (2) of rule (13)]
Head of service Chargeable :
To
Voucher No. of list of payment.
Approved for Rs. (in words)
A copy of the statement (in form 'B') regarding the amount payable in respect of the surplus area referred to in sub-section (2) of Section 10 of the Punjab Land Reforms Act, 1972, is enclosed herewith for your information.
2. You are requested to appear before the undersigned personally or Signature of Collector through authorised agent on at Dated
and state the nature of your interest in the land mentioned in form 'B' and particulars of your claim for payment of the amount or a part of the amount in respect of such interest. Received this day of 197 , the sum of Rs. in words being the amount due to me.
Name, parentage and address
of the claimant
Signature of the Collector or
Officer authorised by the
Claimant's signature
State Government
Dated
FORM 'D'
(See sub-rule (I) of rule 15] FORM 'E'
Voucher for payment of amount in Cash Book No. Voucher [See sub-rule (I) of rule 15]
No. , Name, parentage and residence of the claimant. Form of requisition to be sent by Collector or Officer authorised by the State Amount payable in cash Rs. (in words)
Government to Treasury Officer/Sub-Treasury Officer.
Signature of Collector
No.
Collector or the Officer,
Date
authorised by the State Government
dated the
Received voucher No. of Book No.
To
Dated
The Treasury Officer/
Sub-Treasury Officer
Signature of recipient
Dated
Please issue immediately to the undersigned one Book containing voucher Nos.
16
THE PUNJAB LAND REFORMS RULES, 1973 27
26 THE PUNJAB LAND REFORMS RULES, 1973
Date of Book and Treasury/ Amount Signature of Remarks 1 to 100 for payment of compensation in cash under the '[Punjab Land Reforms encashment serial No. of Sub- paid Treasury Act, 1972] vouchers treasury Officer
voucher No.
Collector or the Officer authorised 1 2 3 4 5 6
by the State Government
FORM 'F'
[See sub-rule (I) of rule 15]
Form of intimation to Treasury Officer/Sub-Treasury OfficerUse of Voucher Treasury Officer Sub-Treasury Officer, Books District/Tehsil.
Dated
Intimation No. Dated
FORM 'H'
From [See sub-rule (2) of rule 16]
The Collector or the Officer authorised Monthly statement of payment of amount in cash for the surplus area by the State Government determined under the provisions of the Punjab Land Reforms Rules, 1973. To Tehsil District Month
The Treasury Officer/Sub-Treasury Officer,
District/Tehsil Book and serial No. of Total amount encashed Remarks
voucher
This is to intimate that I have/this day of 1 2 3
commenced the use of Book No. containing voucher Nos. 1 to
100. Please acknowledge receipt of this intimation. Collector or the Officer authorized by the State Government
Dated
Treasury Officer/Sub-Treasury Officer, FORM `G' District/Tehsil
[See sub-rule (I) of rule 16] Dated
Statement of encashed compensation cash vouchers issued for the surplus area determined under the Punjab Land Reforms Act, 1972.
The Collector or Officer authorised
by the State Government.
Treasury District.
District
Substituted for the words and figures, Pepsu Tenancy and Agricultural Lands Act, 1955 vide Notification No. G.S.R. 87/PA-10/73/S.26(Amd) 73 dated 4.10.1973.
17
28 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 29
FORM 'I' TABLE 'A'
[See sub-rule (2) of rule 16] Serial Name, Total area Village, Khasra, Name, Number of Land Remarks No. parentage to be tehsil Khatauni parentage years for Revenue
and purchased and and . and which it rates and
Consolidated monthly statement of payment of amount in cash for the surplus addresss district khata address of has been in cesses of where Nos. of the occupation assessed area determined under the provisions of Punjab Land Reforms Act, 1972 to be applicant land is the land landowner and since on land
sent to the Financial Commissioner, Revenue. situate when
1 2 3 4 5 6 7 8 9
Month
Name of District Total amount paid by Remarks cash payment Signature of the Tenant 1 2 3 TABLE 'B'
Serial No. . Village, Tehsil Land Held Total of Remarks and district items As Owner In any other capacity where land is Nos. 3(b) as mortgagee or situate lessee or tenant and (d)
No.
Date Khasra, Area Khasra, Area
Khewat and Khewat and
Collector of the district of the Officer Khatauni Khatauni authorised by the Stte Government Nos. Nos.
(a) (b) (c) (d) District
1 2 3 4 5
• FORM '1' [See sub-rule (1) of rule 17] To FORM `K'
The Assistant Collector of the first grade, Tehsil [See sub-rule (3) of rule 17]
1. I wish to purchase the land(s) description of which is given below (Table A) under section 15 of the Punjab Land Reforms Act, 1972.
Certificate of sale under sub-section (2) of section 15 of the Punjab Land
2. I also attach (here give details of documents attached) in proof of the fact that Reforms Act, 1972. the land(s) remained in my occupation for years.
Case No.
3. I also own land particulars of which are given in table B overleaf. Date of Institution
4. I intend to pay the purchase price in lump sum/in half yearly versus instalments.
I , Assistant Collector of the first grade,
hereby certify that son of
resident of village
18
30 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 31
tehsil district , is the purchaser of land comprising Khasra Nos. measuring 'Note.- In respect of private canals and kuhls and lift irrigation for which there is situated in village
no projected intensity of irrigation, the land irrigated by such means shall be
tehsil , district
ascertained from the khasra girdawari record of Rabi, 1970 and Kharif, 1970. If
the water drawn from such a source had irrigated some land for both Rabi and
The amount determined in respect of this land is Rs. Kharif, 1970, it shall be treated as the land of the first quality and where such and paise The sum of water had irrigated land only for one crop, it shall be treated as land having Rs. , Paise has been assured irrigation for only one crop.]
paid by the purchaser. He is required to pay instalments of 1[ ] each per 2[Note 2 .- The projected intensity of Navi and Moghall khuls in Pathankot Tehsil harvest, the last instalment being equal to or less than 2[ and Gurdaspur District shall be 60 per cent.
Dated SCHEDULE 'B'
Signature of Assistant Collector, [See sub-rule (4) of rule 9] 15t Grade
(Seal) (1) Where land is irrigated by water drawn from a privately owned tubewell, pumping set or bore, the area of land having assured irrigation and capable of yielding at least two drops in a year shall be determined as follows:-
SCHEDULE 'A' 3[(i) in the case of a tubewell or pumping set or bore worked with 5 H.P. but not more than 12.5 H.P. Motor —
(See Rule 9) 3 hectares per tubewell or pumping set or bore;
(ii) in the case of a tube well or pumping set or bore worked with 12.5 Serial No. Name of Canal Projected intensity H.P. but not more than 17.5 H.P. Motor - 5 hectares per tubewell or
Per cent pumping set or bore; and
1. Bist-Doab Canal (Perennial) 45 (iii) in the case of a tube well or pumping set or bore worked, with more
2. Sidhwan Canal (Non-perennial 31 than 17.5 H.P. Motor — 6 hectares per tubewell or pumping set or bore.]
| 3. | Bhakra Canals (Perennial) | |
| 62 | ||
| 4. | ||
| Sirhind Canal (Perennial) | ||
| 62 | 
4. Sirhind Canal (Perennial) 62 district, the Bhatinda district, the Faridkot district 4[Hoshiarpur and Garhshankar
5. Eastern Canal (Non-perennial) 55 and Balachaur tehsil] of the Hoshiarpur district, the Pathankot tehsil of the
6. Sirhind Feeder (Golewala System) 62 Gurdaspur district, the Rajpura tehsil of the Patiala district and National (Perennial) Extension Service Blocks, Khuian Sarvar and Abohar in the Ferozepore district and the Ropar district except Chamkaur Sahib National Extension Service Block,
7. Upper Bari-Doab Canal- the coverage of area shall be reduced by 25 per cent.
(a) Perennial 90 (2) In the case of open wells (percolation wells), the area of land under
(b) Non-perennial 45 assured irrigation and capable of yielding at least two crops in a year shall be
8. Government Tubewell 100 two hectares per such well.
3[9.
Shah Nehar (non-perennial) 80%
1 Added vide ibid.
2 Note 2 added vide notification No. G.S.R. 58/88 dated 15.5.1975.
1 Substituted vide Punjab Govt. Notification No. G.S.R. 87/PA/10/73/S.26(Amd)73 dated 4.10.1973. 3 Substituted vide Notification No. GSR 25/P.A./10/1973/5.26/Amd(10)/2010 dated 13' July, 2010 'Substituted vide Punjab Govt. Notification No. G.S.R. 87/PA/10/73/5.26(Amd)73 dated 4.10.1973. w.e.f. 9.7.2010.
3 Inserted vide Punjab Govt. Notification No. G.S.R. 87/PA/10/73/5.26(Amd.)73 dated 4.10.1973. 'Substituted vide Notification No. GSR 28/PA dated 6.4.1976.
19
32 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 33
Provided that in the Bhatinda and Mansa tehsils of the Bhatinda district, the Circle Revenue Officer in Form I for allotment of land comprised in the such land shall be treated as Barani. surplus area. Such an application shall be made within three months of the date
(3) If a well is shared by more than one person, the area irrigated by such a of commencement of this scheme or within such extended period as may, for well shall be in proporation to the share of each person: reasons to be recorded, be allowed by the Circle Revenue Officer. Provided that where the land irrigated by any one or more of the modes 4. Power to proceed suo motu.- Proceedings for allotment of land comprised in referred to in paras (1), (2) and (3) is less than the land determined under those the surplus area may also be initiated suo-motu by the Circle Revenue Officer. paras, the land so irrigated shall be treated as the land under assured irrigation S. Procedure to be observed by Circle Revenue Officer.- When an application is and capable of yielding atleast two crops in a year._ _ made under paragraph -3 or when the Circle Revenue Officer suo motu initiates
Note.- This schedule is subject to the provision of rule 9(6) proceedings under- paragraph 4, he shall,- after giving the persons seeking allotment or being considered for allotment, an opportunity of being heard and
after making such summary inquiry, as he may consider necessary, prepare a
REVENUE DEPARTMENT statement for each revenue estate, indicating:—
Notification (1) particulars of each eligible person, The4th July, 1973 (2) the land, if any, owned or held by each such person,
No. GSR 61/P.A.10/73/S.11/73.- In exercise of the powers conferred by sub- (3) the area which can be allotted to each such person under the Act, and section (2) of section 11 of the Punjab Land Reforms Act, 1972 (Act No. 10 of (4) The revenue estate or estates for which such person indicates 1973), the Governor of Punjab is pleased to frame the following 'scheme, preference for allotment of and, in case no area is available for allotment in the namely:- revenue estate, where he resides:
1. Short title and commencement.- (1) This scheme may be called the Punjab 6. Procedure for allotment of surplus area.- (a) After the procedUre prescribed Utilization of Surplus Area Scheme, 1973. in paragraph 5 has been followed the Circle Revenue Officer shall prepare a list
(2) It shall come into force at once. of all eligible persons for each revenue estate in such a manner that the persons
2. Definitions.- In this scheme, unless the context otherwise requires,— who do not own or hold any land are placed at the top and the persons who own
(a) "Act" means the Punjab Land Reforms Act, 1972; or hold any land are placed, according to the area possessed by ,each, in an ascending order:
(b) "allottee" means a person who is allotted or is deemed to have been allotted land under this scheme; Provided that where more than one person have equal claims, their names in the priority list shall be arranged by drawing of lots by the Circle Revenue 1[(c) "eligible person" means a major person who has been residing in the Officer so that a person, whose lot is drawn first, gets preference over the State of Punjab for a period of five years before the commencement persons whose'lots are drawn subsequently. of this scheme and is primarily engaged in agriculture as his
occupation and who is - (b) The Circle Revenue Officer shall also prepare a list of Khasra numbers
(with area) of the land comprised in the surplus area available for
(i) a tenant or a member of Scheduled Caste or Backward Class and does allotment in a revenue estate mentioning such numbers in the not own or hold any land or owns or holds land less than two hectares numerical order. Where there are killas and rectangles, the numerical of the first quality land or its equivalent area; or order of the rectangles shall be observed first and then of killas in each
(ii) a landless agricultural worker]. rectangle.
(d) "form" means a form appended to this scheme (c) The record of each case alongwith. the lists referred to in sub-
(e) "Rules" means the Punjab Land Reforms Rules, 1973; paragraphs (a) and (b), shall be forwarded to the Collector, who shall
(f) all words and expressions used herein and not denned but defined in proceed to allot the surplus area to eligible persons in order of the the Act or rules shall have the meanings as'signed to them in the Act or priority shciwn in the lists prepared under sub-paragraph (a) :
the rules, as the case may be. Provided that a tenant cultivating the surplus area shall be allotted land
3. Application by eligible person.- An eligible person may make an application to cultivated by him subject to the condition that the land allotted to him together with the land already owned by him does not exceed 2 hectares of the first
1 Clause 'c' of pars 2 substituted vide Punjab Govt. notification No. G.S.R. 108, PA dated 3.12.1973. quality land or an equivalent area.
20
34 THE PUNJAB LAND REFORMS RULES, 1973 THE PUNJAB LAND REFORMS RULES, 1973 35
(d) The allotment of the surplus area determined under the Punjab Law such an order the landowner, the tenant or any other person in possession shall and the Pepsu Law may be undertaken before the determination of deliver possession accordingly.]
the surplus area under the Act. Such area shall be allotted to eligible persons, who have made application under paragraph 3 of this (2) The possession of the land shall be given to the allottee after the crops are harvested. If, howerver, the Collector deems it necessary to deliver
scheme 1[or are considered eligible for allotment under paragraph 4].
possession of the land to an allottee before crops are harvested, a statement of
2[(e) Where mortgagee rights in respect of any land falling within the the area under the crops shall be prepared before giving possession. A copy each surplus areas have vested in the State Government under the proviso of the statement shall be furnished to the landowner, tenant or any other to section 8 of the Act, such land shall not be allotted to any person
person in possession of such land and to the allottee.
until Government becomes its full owner. The Government may give
such land on lease to any person from year to year.] 1[(9-A. When the possession of the surplus area is taken by or on behalf of the State Government the mutation in respect of such area shall first be entered in
7. Allotment of land to eligible persons in other revenue estates.- If any eligible favour of the State Government and when the allottee has become an owner of person cannot be allotted land in the revenue estate in which he resides, the that area in accordance with the provisions of that sub-paragraph (d) of Collector may having due regard to his preference, allot him surplus area in any
paragraph 10 the mutation shall be entered in his favour].
revenue estate in which it is available.
10. Conditions of allotment.- The allotment shall be subject to the following In making such allotment, the Collector shall endeavour to allot him land in any terms and conditions:-
other revenue estate nearest to his village of residence, as far as possible, in the following order: (a) where possession of land is given with standing crops, the allottee shall pay in lump sum to the landowner or tenant, or any other person in the Patwar circle, in possession, as the case may be, who had raised the crops,
in the Kanungo circle, if no land is available in the Patwar circle. compensation to be determined by the Circle Revenue Officer in
in the tehsil, if no land is available in the Kanungo circle, accordance with the provisions of the Punjab Tenancy Act, 1887,
in the district, if no land is avaiable in the tehsil. within two months of the determination of the compensation by the Circle Revenue Officer or the harvesting of the standing crop or crops
in some other district, if no land is available in the district.
whichever period expires later.
(2) If more than one eligible person seek or are being considered for
(b) the allottee shall be liable to pay all Government dues, including land allotment of land in a revenue estate other than the revenue estate in which
revenue, surcharge, special charge, special assessment, abiana, they reside, the principles mentioned in paragraph 6 shall, as far as possible,
consolidation fee, in respect of the land allotted to him, from the date
apply.
he takes possession of the land.
8. Issue of certificate.- Each allottee shall be given a certificate in Form II by the
(c) the allottee shall be liable to pay for the land an amount determined Collector. A copy of the certificate shall be sent to the Circle Revenue Officer.
on the following basis:—
9. Delivery of possession.- (1) After making the allotment under paragraph 6 or
(i) land under assured irrigation and capable of yielding at least two 7, as the case may be, the Collector shall also pass an order for delivering crops a year—twelve times the fair rent or Rs 5,000 per hectare,
possession of the land to the allottee under sub-section (1) of section 9 of the
Act. One receipt of such an order, the landowner, the tenant or any other person whichever is less;
in possession of such land shall deliver possession of the land mentioned in the (ii) land under assured irrigation for only one crop in a year— order to the allottee. twelve times the fair rent or Rs. 3,500 per hectare, whichever•is
less;
3 [Provided that where the circumstances of the case so require the Collector
may, for reasons to be recorded, pass an order for delivering possession of the barani land—twelve times the fair rent or Rs 1,750 per hectare, land to him or to an officer authorised by him in that behalf and on the issue of whichever is less ;
(iv) Bhud, Sailab, Bet-Barani, Bet Sailab, Dakar Rosli Banjar Jadid having no means of irrigation and uncultivated Thur, Sem and
1 Added vide notification of Punjab Govt. No. GSR 108/PA dated 3.12.1973. Kaller lands—twelve times the fair rent or Rs 1,750 per hectare,
2 Added vide notification of Punjab Govt. No. GSR 108/PA dated 3.12.1973.
3 Proviso added to sub-paragraph (1) of Paragraph 9 vide Notification No. G.S.R. 95/PA-10/73 dated 27.8.1974.
'Paragraph 9A inserted vide Notification ibid.
21
36 THE PUNJAB LAND REFORMS RULES, 1973
THE PUNJAB LAND REFORMS RULES, 1973 37
whichever is less; the scheme.
(v) banjar land twelve times the fair rent or Rs 1500 per hectare. 14. Repeal and Saving.- The Utilization of the Surplus Area Scheme, 1960 frariled whichever is less. under section 32 of the Pepsu Tenancy and Agricultural Lands Act, 1955, is
(d) the allottee shall become the owner of the land allotted to him when hereby repealed:
full payment of the amount due from him has been made; and Provided that anything done or any action taken under the scheme so repealed shall be deemed to have been done or taken under the corresponding
1[(e) the allottee shall not be competent to transfer his rights in the land
allotted—to...him_to_any...persan_tilLbe_begornes the owner thereof or provisions of this scheme. before the expiry of a period of five years of the date of possession,
whichever is later: FORM I
Provided that the allottee may transfer the land by way of mortgage without (See Paragraph 3) possession in favour of a Cooperative Society, Scheduled Bank or Corporation
owned or controller by the government for the purpose of raising; loan for the
Name, Khasra No. of Area he wants Name of the Remarks development of such land].
parentage land he to be allotted Scheduled or
11. Cancellation of allotment in certain cases.- If an allottee makes any default village, tehsil owns/cultivates with the Backward in the payment of the amount due from him or infringes any of the conditions of and district of with the name name of the Class to which allotment, he shall render himself liable to cancellation of the allotment: the applicant of the estate, estate, tehsil he belongs Provided that if default is made in paying part of the amount determined tehsil and and district under paragraph 10(c), the Collector may cancel the allotment of an area district
proportionate to the amount which has remained unpaid. •
12. Manner of payment of compensation.- (i) The amount shall be paid into. the Government treasury or sub-treasury by the allottee in half yearly instalments of Rs. 500 each, the last instalment being equal to or less than Rs. 500/-. However, the allottee may deposit the entire amount into the Government treasury in lump sum.
(ii) The Circle Revenue Officer shall maintain a ledger account in respect I hereby certify that I have known the applicant personally for a period of of the amount due from and amount paid by each allottee. He shall and to the best of my knowledge and belief he belongs to the also maintain a day book regarding payments received from them. At caste which is One of the Scheduled Castes or a Backward the end of every month a sttement regarding payments received from Class declared as such by the State Government. allottees shall be furnished by the Treasury Officer or Sub-Treasury
Officer, as the case may be to the Circle Revenue Officer.
13. Conferment of proprietory rights on tenants allotted surplus land under the Punjab law.- A tenant resettled on the .surplus area of a land-owner 2[--] in Signature of Sarpanch/Lambaidar accordance with the provisions of the Punjab . Law and the rules framed
thereunder at any time before the commencement of the Act shall be deemed or any Gazetted Officer or a to have been allotted land in accordance with the provisions of this scheme: Revenue Officer. Provided that the provisions of this paragraph shall not be applicable where the tenant is deemed to have become the owner in accordance with clause (b)
or sub-section (4) of section 18 of the Punjab Law before the commencement of
1 Substituted vide Notification No. S.O.,252S1/PA 10/1973/S.11 Amd.(3)/2010 dated 11' July, 2010 w.e.f. 9.7.2010.
2 Omitted vide Notification No. G.S.R. 93/PA dated 27.8.1974.
22
(
THE PUNJAB LAND REFORMS RULES, 1973
cz-rff
FORM II
Form of Certificate \\, (See Paragraph 8) Certified that , son of resident of has been allotted land measuring and situated in
estate Tehsil
District _ under the provision of the Punjab Utilization of Surplus Area Scheme, 1-97-3, subjeGt to-the terms-and c-onditions specified in that scheme. The amount payable for such allotment has been determined as
Collector
23
 
						 
					