Act X of 1953) Tur PUNJAB SECURITY oF Tenurgs ACT, 1953
THE PUNJAB SECURITY OF LAND TENURE
TABLE OF CONTENTS
LAND 297
S ACT, 1953
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Reservation of land by small landowner.
4. Fresh reservation of land due to modification of allotment .
5. Reservation of land. SA. Declarations supported by affidavits to be furnished by certain landowners and tenants 5B. Selection of permissible area and consequences of failure to select. ; 5C. Penalty for failure to furnish declaration.
6. Certain previous transfers of lands not to affect rights of tenants. ;
7. [Repealed].
8. Continuity of tenancies.
9. Liability of tenants to be ejected. 9A. Accommodation of tenants on surplus area,
10. Restoration of tenant ejected after the 1Sthof August, 1947. 10A. Surplus area for resettlement of ejected tenants. 10B. Saving by inheritance not to apply after utilisat ion of surplus area.
11. Tenant's right to water.
12. Amount of maximum rent.
13. Assessment of charges for services or facilities provided by the land owner.
14. Duty of landowner to furnish receipt for rent received from tenant.
14A. Procedure for ejectment and recovery of arrears of rent etc., etc.
1
SECURITY OF LAND Act 228 THE PUNTENURES ACT, 1953 [Act X of 195,
SECTION
15. Omitted.
16. Saving of tenancies from effect of mala fide transfers,
17. Rights of certain tenants to pre-empt sale, etc. of land. 17A. Certain sales of tenancy lands not Pre-emptible. 17B. Certain mortgages to be deemed as tenants Under the Act.
18. Rights of certain tenants to purchase land,
19. Sections 17 and 18 not to apply to certain Property ang tenants, 19A. Bar of future acquisition of land in excess of permissible 19B. "Future acquisition of land by inheritance, in excess of permissible area, 19C. Power to cause delivery of possession of surplus area. 19D. Exemption of certain lands.
19E. Land owned by Hindu undivided family to be deemed land of one landowner, 19F. Removal of certain doubts.
20. Restrictions on tenants,
21. Saving of tenants and lessees under Government. 21A. Power to remove difficulties by modification of provisions In certain cases,
22. Procedure for ejectment,
23. 'Abrogation of pending decrees, orders and notices.
24. Appeal, review and revision, 24A. Power to separate share of landowners in joint lands.
25. Exclusion of Courts and authorities.
26. Indemnity,
27. Power to make rules.
28. Repeal and savings.
2
. VEU IT TENURKS Act, (ee LAND 929 'THE PUNJAB SECURITY OF LAN ' D TE ACT 1bAND TENURES Punjab Act No, X of 1953
[Received the assent of the President on the 15th April, 1953 ; and was first published in the P be ment Gazette, Extraordinary of the 15th April, won = ne
~
1 2 3 4
Year No. Short Title Whether affected by the later Legislation
1953 Xx The Punjab Security of | Amended by— Land Tenures Act, 1953
Punjab Act LVI of 19532
Punjab Act XI of 1955
Punjab Act No. 46 of 19574
Punjab Act No. 4 of 19595
Punjab Act No. 32 of 1959
Punjab Act No. 14 of 19627
Amended by the Funjab Reorga-
nisation (Chandigarh) C Adap-
tation of Laws on State and
Coren Subjects) Order,
1 al
An Act to provide for the security of land tenure and other ' beneah -, ome om InCidental matters. CEN TLE oS Pas ae:
* « w
n
It is hereby enacted as follows :—
i (1) This Act may be called the Punjab Seourity Short title, extent of Land Tenures Act, 1953. and commence-
as 5 LR LS TE OST OE eI ment.
vernment Gazette (Extra- : j Punjab Go fe (E 1For Statement of Objects and Reasons, see Punj seePunjab Legislative ordinary), 1952, page 1379 ; for proceedings in Assembly,
ssembly Debates, 1953.
For Bistement of Objects and Reasons, see Punjab Government Ga sotto (Ente
Ordinary), 1953, page 1571 ; for proceedings in the Assembly, see Punjab Legisla Assembly Debate _ ; _
"For Sareea Of Objects and Reasons, see Punjab Gaverninen! Gaxeite re Ordinary), 1955, pages 243-44 ; for proceedings in Assembly, see Punjad Legish Assembly Debates, 1955.
'For Statement of Objects and Reasons, see Punjab Gayer ordinary), 1957, page 1679 ; for proceedings In the Assembly, sscinbly Debates, 1957. Government Gazette (Extra- oF 2 jects and Reasons, see Punjab Gove zete (a ordinary), 1s ene pasa ; for proceedings in the Assembly, see Punjab Legis lative , 7 . Hor Stee af Objects and Reasons, see Punjab Govgrument Gasetie Prdinary), 1959, pages 1009-1010; for proceedings in the Assembly,
ativ : .
Fon gmbly Debat oo eae and Reasons, see Punjab Government
Gazette (Extra
Ordinary), 1962, pages 646-647.
nment Gazette (Extra-
see Punjab Legislative
3
Definitions. ™ |
D [Act ¥
4 § PUNJAB SECURITY OF LAN ct X
530 THE ih ae AcT, 1953
(2) It shall come into force at once,
(3) 11 shall extend to the whole of the Union Terri. tory of Chandigarh.] e ave as elsewhere expressly provided in this Act nothing cowie' therein shall apply to CO-operative garden colonies which Were registered before the Coming into force of this Act.)
2. Inthis Act, unless the context otherwise requires a in Clauses (b) and (c), Tespectively, of section 2 of the East Punjab Deed Persons (Land Resettlement) Act, 1949 (A. Act XXXVI of 1949), hereinafter referred to as the 1949, of
"Resettlement Act,"' Explanation. —Ip respect Of land mort gaged with Possession, the MOrtgagees 'Shall be deemeg to be the landowner,
(2) "Small landowner" means a landowner whose folire land jp the TUnion Territory of Chandigarh] does not €xceed the " Permissible area'', Explanation,—1n COMmputing ihe area held by any particular landowner, the colire land owned by him in the: Union Territo fCh entered in the
record-of-rights, shall be taken into acc yO andigarh), as
:
Ount, and if he is a joint owner Only his share be taken into account.
, a *[(3) "Permissible area"? j Or a lenant, Means thirt Standard acres anc Where such thirty Standard acres o Yb
Saw
Provided that—
(i) no area under an Orchard at the commence- Ment of this Act, shal] be taken into account In Computing the Permissible area :
*Substituted for the w ds *"Sraen ia}?
: Tteanisalion
toegtdigarh) (Adaptatin™ of Lappe 'Stat 0" by the Punjab nb peeaeeion and Concurrent Su jects) Order,
4
of 1953] 'T He PUNJAB SECUR TENURES ACT. ae OF LAND = 231
(ii) for a displaced porsou—
(a) who has been allotted land in A | in excess of fift Ae acres, (he permissible area shall
e fifty standard acres or one hundred
ordinary acres, as the case may be,
(b) who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the permissible area shall be equal to his allotted area,
(c) who has been allotted land le ss than thirty
standard acres, the permissible area shall
be thirty standard acres, inc luding any
other land or part thereof, if any, that
he owns in addition.] |
1 Explanation.—For the purposes of determining the permissible area of dis-
placed person, the provi sions of proviso (ii) sh all not apply to the heir s and succes-
sors of the displaced persons to whom la nd is allotted.)
4) "Reserved area' means the area lawful ly reserved
of under the 2Punja b Tenants (Security of T enures) Act, 1950 (Act XXII of 19 50), as amended by P resident's Act
of 1951, hereinafter referred to as the "© 1950 Act" or under this Act.
(5) "Sta ndard acre"
means 4 measure of area converti- ble into ordinary a cres of any class o f land according. to the prescribed. sca le with reference to the quantity of y!
and quality of soil. 8 (5-a) "Surplus Area'? means
the area other than the
reserved area, and , where, no area has
A !
area in excess of the permissible area selected [u ndet
at i
> and shall be deemed to
have come i
nto
nace ts P
una ae N
o. 14 of o
n HC) of
the Act ibid.
force on the 15th Ap ril, 1953,—
28 of this A
ct.
b Act XI of
1955.
scribed" by Punjab A *Repealed by section >New clause (Sa) added by Punja he words 'as
pre
ct No. 46 of 195
7,
'Substituted for t section 2,
5
THE PUNJAB SECURITY OF LAND
[A TENURES AcT, 1953 ct y to
s 2
ich is deemed 10 be SUtplus 'the area which 18 : § atey section 5-B or hei (7) of section »-C] "Land leap ides the under sub-sec of the permissible area g¢ "Sled "unge® area non. but it will not include a tenant S Dermiss. section 19-B] ;
.
ble area :
we att the reserved area, or Part ided that it will include
:
Apes ch area or part has Sof reser rO¥ah Ae os ultivation within six months of ting & the ame or gta Possession thereof after ejecting e
.
e C Nant tenant, within three years of the CXDITY of the a new ,
said six months.
(6) "Tenant" has the Meaning assigned to it in the Punjab Tenancy Act, 1887 (Act XVI of 1887), and includes ' @ sub-tenant and self-cultivating lessee, but shall no i i the include a present holder, as defined In .section 2 of Resettlement Act,
d in
(7) "Year" means an agricultural year, as define Section 4, of the Py
f
njab Tenancy Act, 1887 (Act XVI
1887),
| fine
(8) "Land" and all other terms used, but not de In this ct, s h ;
igned © meaning ag are aoe "the Punjab Tenancy Act sau! (XVI of 1887) _ nd Means cultivation wart o
"Tsonally o; through his wife Or or through Such of }j r °
or
.
ed § relations as may be prescribed, under hig Supervision ] i
. , made (10 . "Prescribeg?? Means Prescribed by rules under this Act.
oer
ee a
tre tgs age
pene
. to anette 02, pun b d to have co force on the 30th jue 1c No. 14 of 1962 and shall be deeme deemed t6 h 2
hall is
:
. 5-a) 8 a * n 1 1 cretion 1(2) of Act 'bid. Clause ( ectio With effect from the 15th April, 1953,—vide s UDjab Act x] Of 1955, ave been'? Vid. Of Act ipig. "© inserted y, tl
"Substituteg by p
6
of 1953] THR PUNJAB Skcurtty or LAND 233 Tenures Act, 1953
(11) "Displaced person" has the meaning assigned to i in the East Punjab Displaced Persons (Land Resettle- ment) Act, 1949 (Act XXXVI of 1949),
3, Any small landowner, who by virtue of an allot- ment made after the commencement of this Act under the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950), comes to hold more than the permissible area of land, may select out of the entire area held by him as a landowner in the'{Union Territory of Chandigarh], a parcel or parcels of land not exceeding in aggregate the permissible area and reserve it by intimating his reservation in the prescribed form and manner, to the patwari of the estate in which the land reserved is situate, or to such other authority as may be prescribed, before the expiry of six months from the date of his obtaining possession of the land so allotted :
Provided that he shall include in his reservation, to the extent of the permissible area, whatever land he had under self-cultivation immediately before the commencement of this Act.
Reservation of
land ty «nail
landowners.
4. Anylandowner, who has madea lawful reservat ion Fresh _ reservation
of land under the 1950 Act, and whose allotment is modified or revised, after the commencement of this Act, under the
Administration of Evacuee Property Act, 1950 (Act XXX!
of 1950), shall be entitled to make a fresh reservation before the expiry of six months from the date of his obtain- ing possession of the land so allotted :
___ Provided that in making this fresh reservation he shall
include to the extent of the permissible area firstly the land he has under self-cultivation and secondly such land out of his previous reservation, a8 has not p assed out o!
his possession as a result of the said revision or modifica- tion of allotment.
5. (1) Any reservation before th e commencemen
of this Act, shall cease to have effect and subject to the provisions of sections 3 and 4 any landowner who owns land in excess of the permissible area may reserve out of the entire land held by him in thet [Union Ter ritory of
Chandigarh] as landowner, any parcel or
parcels not exceed-
ing the permissible area by intimating is selectio n in the
prescribed form and manner (to the patwart of the estate In which the land reserved is situate or to such othe r
authority as may be prescribed :
—
—— ae
c Substituted for the words "State of Punjab" by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent
" ubjects) Order, 1963. ofland due to
modification of
allotment.
t Reservation of land.
7
234 THE PuNsJAR SECU RITY OF TENURES Acr, 1953 AND 1953 [Act y _ _ Provided that in Makin IS y Include his areas Owned in ths followin he Shalj To (a) area held i Na Co-operative (6) area under self-cultivat: Garden Col Cultivation at Ony ment of this Act ot the tes Cee. (c) reserved area excludj | ed ate, Cars or ore gt MOre imme. Uch reservation, me (d) area or Share in a Co-operative Farming Society (e) any other area owned by him, (f) area under a jhundimar tenant.
pect of any land more than one person andowners, as in the case of persons one of whom is a landowner in principal and the other in derivative capacity, the aforesaid tight of reservation shal be exercised by the landowner who receives or is entitled to receive rent directly from the tenant in actual cultivation of the land.
Can be classed as 1
ae A landowner shall be entitled to intima
resetvotion within six months f, rom the date Tb :
ment of this Act, and no reservation so ini won
varied subsequently whether by act of parties at by Opa
tion of law, save with the consent in writing ie the right
affected by such variation or until such time as
sion ag . er the pros to eject such tenant otherwise accrues und
of this Act.
ee * 1(4) *
2 + *
*(5)
holds ' ms OF * " vho owns is 2[5-A. Every land owner or een and where ash Declarations [once f the permissible area. shall furnl> ported by Jand in excess O P Patwar Circle, encemen affidavits tobe ted in more than one hs from the comm furnished oy SA a period of six months ee rtain lant within ¢ _ cen and ten- a ants. ——_—_ 4 LVI of 1953. wan 3s
7 (4) and G) omitted by Punjab Act LVIT ction 1Clauses ' e f 1957.5
'ab Act No. 46 0
4, 5°B and 5-C inserted
by Puna
#Sections 5-Ay 2 *
8
of 1953] THE PUNJAB SEcuRITY C OF LAN TENURES ACT, 1953 is "ve
of the Punjab Security of Land Te Act, 1957, a declaration supported Wp. eh toe ent) respect of the lands owned or held by him in uch f tts and manner and to such authority as may be prescribed fl
§-B. (1) A_ landowner who has 'not exercised é right of reservation under this Act, may select hi
5 Selection of per missible area and intimate the selection to the ecte aed and consequ-
authority within the period specified in roctint 5A. nd foseleet in such form and manner as may be prescribed : 'a -_ Provided that a landowner who is required to furnish a declaration under section 5-A shall intimate his selection along with that declaration.
_ (2) Ifa landowner fails to select his permissible area in accordance with the provisions of sub-section (1), the prescribed authority may, subject to the provisions of section 5-C, select the parcel or parcels of land which such person is entitled to retain under the provisions of this Act:
Provided that the prescribed authority shall not make the selection without giving the landowner concerned
S5-C. (1) If a landowner or tenant fails to furnish the declaration supported by an affidavit as required by Penalty for failure section 5-A, the prescribed authority not below the rank 2 See of Collector may, by order, direct that the whole or part of the land of such land owner or tenant in excess of ten standard acres to be specified by such authority shall be deemed to be the surplus area of such landowner Or tenant and shall be utilised by the ?[Central Government] for the purpose mentioned in section 10-A ;
'Section 11 of Punjab Act No. 14 of 1962, reads as follows , —
*Validation.—11. Notwithstanding an
ything contained in this Act or the rule
s
made thereunder or in any other law for the
tume being in force or In any judgment,
decree or order of any court or other autho
rity ,—
(a) where the surplus area in respec t of the land owned by a Hindu u ndivided
family referred to in clause (a) of section 19-E of the principal Act, has
been determined under that Act a t any time before the commencem ent
of this Act by any authorily compe tent lo determine such area, wh ether
by ignoring the partition of any su ch land made alter the commencemen t
of the principal Act or otherwise, Such determination shall be valid and
shall be deemed always to have been va lid and shall not be questioned on the ground that the descendants OF the landowners consutul
ng with
him the Hindu undiviced family w ere landowners In their Own rig ht in
respect of their shares in such land or on the ground that th e partition
had been ignored 5
.
(b) where an order under sub-section
(2) of section 5-B or sub-section (1) of
section 5-C, in respect of the sur plus area Of any person, has bee n passed
by a Revenue Officer exercising the powers ofa Collector pur porting te
act as the prescribed authority, such order shall be valid' and shall be
deemed always to have b
een valid and shall aot
be questioned on the
yround that it was not passed by the prescribed authority, awe
'Substituted for the words 'State Government" by the Punjab
Reorganisation
(Chandigarh) (Adaptition of Laws on State and Concurren| Subjets) Order,
1963.
9
236 THE PUNJAB SBCURITY OF LAND
TeNnurgS AcT, 1953 [Act x Provided that no such order shall be made Withoy giving the landowner or tenant concerned an OPpor. tunity of being heard.
Where a landowner or tenant who is required {
furnh a declaration under section 5-A fails so to do, the
prescribed authority may in respect of him obtain the information required to be shown 'in the declaratio, through such agency as it may deem fif,] Certain previous *[6. No transfer of land, except a bona fide sale or not afe, Mortgage with Possession or a_ transfer resulting from rights of tenants. inheritance, made after the 15th August, 1947 and before the 2nd February, 1955, shall affect the rights of the tenant on such land under this Act.]
27. * * * * Continuity of [8. The continuity of a tenancy shall not be affected tenancies.
(a) the death of the landlord, or
(6) the death of the tenant except when the tenant leaves no male lineal descendants or mother or widow, and (c) any change therein under the same landowner; and for the purposes of section 17 and 18 of this Act, such tenancy shall be the last area So held]. Liability of tenant 9. '[() Notwithstanding anythi contained in
be d.
: £ Ing O 10 D6 short any other law for the time being in force, no landowner shall be competent to eject a tenant except when such tenant— (') is a tenant on the area reserved under this Ac or 1s a tenant of a small landowner ; *[o!
Substituted by Punjab Act No. 14 of 1962, section 3,
*Section 7 omitted by Punjab Act X] of 1955,
*Section 8 substituted by fbid.
'Substituted for sub-sections (1) and (2) of seetion
ptng suibe i 9 by ibid and — existing St Section (3) renumbered as sub-section (2), aes
"Added by Punjab Act No. 32 of 1959, section 2, |
10
953] THe Punsab Security or LAND = 239 TENURES AcT, 1953
(ii) fails to pay rent regularly without sufficient cause ; '[or]
(iii) is in arrears of rent at the commencement of this Act ; ?[or]
(iv) has failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate ; '[or]
(vy) has used, or uses the land comprised in his tenancy in a manner which has rendered, or renders it unfit for the purpose for which he holds it ; '[or]
(vi) has sub-let the tenancy or a part thereof ; pro- vided that where only a part of the tenancy has been sub-let, the tenant shall be liable to be ejected only from such part ; "{or]
(vii) refuses to execute a Qabuliyat or a Patta, in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant Collector on an application made to him for this purpose by the landowner.
Explanation.--For the purposes of clause (iii), a tenant shall be deemed to be in arrears of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date of notice of the execution of decree or order, directing him to pay such arrears of rent].
(2) Notwithstanding anything contained hereinbelote a tenant shall also be liable to be ejected from any area which he holds in any capacity whatever in excess of the permissible area :
Provided that the portion of the tenancy from which Such tenant can be ejected shall be determined at his option only if the area of his tenancy under the. land- Owner concerned is in excess of the area from which he can be ejected by the said landowner :
Added By Punjab Act No. 32 of 1059, section 2,
11
938 THE PUNJAB SECURITY oF LANnp " TENURES ACT, 1953 lActy Provided further that if the (cnant holds several landowners and more than one lando n his ejectment, the right to ejectment Shall be CXereienctks the order in which the applications haye been suits have been filed by the landowners and in case of simultaneous applications or Suits (4h? priority for ejectment shall commence serially from th Smallest landowner. ¢
Explanation.—Where a tenant holds Jand jointly with Other tenan
a.
7
his share in the joint tenancy shall be taken into account in computing the fires hog Provided that if the tenant Concerned is the tenant of a small Jand-owner, he shall be allowed to retain Possession of his tenancy to the extent of five standard acres, including any other land which he may hold as tenant or Owner, until he is so accommodated on a sur- plus area or otherwise :
|
Provided further, that if a tenancy commences after the Commencement of this Act, and the tenant is also an Owner and is related {o his landlord in the manner prescribed, he shall not be entitled to the benefit of this Section.] 7 10, (1) Where a tenant has been ejected from any
.
.
r rthe 13th of land excess of (he permissible area on grounds othe than those mentioned in section 9, before the commenyy ment of this Act, and-after the 15th August, 1947, hall such land is under self-cultivation, such lenant S$ be 'subject to the provisions of this Act ke entitled (0 be restored to his fenancy in the manner prescribed oF i Same terms and Conditions on which it was held by, 'o at the time of his eject(ment, on an application made '¢ 1New section 9-A added by Punjab Act XI of 1955, .__ *Substituted for the words 'State Government" by the Punjab 'ation (Chandigarh) (Adaptation Of Laws on State and Concurren Order, 1968,
*Substituted by Punjab Act XVII of 1953,
organi,
bjects
12
of 1953] THe PuNIAB SEcuRItTY OF LAND — 239 TENURES ACT, 1953 an Assistant Collector of the first Grade having jurisdic- tion, within one year from the date of intimation of re-
servation after the commencement of this Act, or, if no
such reservation is made within
the period specified in
sub-section (3) of section 5, two years from the date of
commencement of this
Act
Provided that if more tenants than one have been ejected from the same tenancy, the right of application for restoration shall be exercisable in serial order of priority commencing from the tenant first ejected and to the extent in each case of the permissible area, after taking into account any other tenancy or land which the ejected tenant holds at the time of his application for restoration].
(2) On receipt of an application the Assistant Col- lector shall, after giving to the parties notice in writing and a reasonable opportunity to be heard, determine the dispute summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.
(3) When an application has been made, any pro- ceedings in relation to the same matter pending in any other court or before any other authority shall be stayed on receipt of information by that court or authority from such Assistant Collector of the fact of having re- ceived the application, and all such proceedings in a court or before any authority shall lapse when the dispute has been determined by the Assistant Collector acting under this Act,
(4) A landowner or any other person in actual possession of land at the time of restoration shall be entitled to such compensation as may be determined by the Assistant Collector, from the tenant intended to be restored, for any loss suffered in consideration of any- thing done prior to the date of his first receiv ing informa-
ion of the application :
_ Provided that no ejected tenant sha
ll be restored to
his tenancy as provided hereinbefor
e unless he has paid
Compensation as determined by the Assistan t Collector
° the landowner or other person, if any, as the case may e,
13
Saving by inherit- ance not to apply after Utilisation WE PUNJAB SECURITY OF Lanp 2401 TENURES ACT, 1953 (Act y 110-A. (a) The *[Central Governmen, ]
offices empowered by it in this behalf, sha]] be cy the ay to utilize any surplus area for the resettlement of tenant ejected, or to be ejected, under clause (i) of Sub-sect "
(/) of section 9.
(b) Notwithstanding anything Contained - in any other law for the time being in force 'Tand save in the cate of land acquired by the *[Ceu.tral Government] under any Jaw for the time being in force or by an heir by inherit. ance] no transfer or other disposition of land which is comprised in surplus area at the commencement of thi, Act, shall affect the utilization thereof jn clause (aq), Explanation.—Such utilization of any surplus area will not affect the right of the landowner to receive rent from the tenant so settled.]
'{((c) For the purposes of determining the surplus area Ir pir person under this section, any Judgment decree or order of a court or other authority, ObiaIhe aller the Commencement of this Act and having id effect of diminishing the area of Such person which co have been declared as his surplus area shall be ignored]. *[10-B. Where Succession has opened after the
"ye ef surplus area or any Part thereof has been utilised und ; ' in . 'avout of surplus area. clause (a) of section 10-A, the saving specified in fav' to have been inserted with effect from the 1$th April, 1953,-- vide section 10 of Act No. 14 of 1962. (Chandigarh) (Adaptation of Laws on State and Concurrent Su
: , n of an heir by inheritance under clause (5) of that ~ Shall not apply in respect of the area so utilised. ee
'New section 10-A added by Punjab Act XI of 1955 and shall always be Punjae
. anisation *Substituted for the words "State Government" by the Punjab Reorgan® 8. bjects) Order, *Inserted by Punjab Act No. 4 of 1959, section 2.
. ' » 14 'Clause (c) added With effect from the 15th April, 1953 by Punjab Act N¢ of 1962, section 1(2) and 10,
' jab
*New section 10-B inserted with effect from the 15th April, 1958 by Pund Act No, 14 of 1962, sections $ and 1(2),
14
f 1953] THE PU
NJAB SECURITY
0
TEN RES ACT, 1
953 OF LAND
41
11. Savein proportio n toa reduction in th e tenancy, Tenants's right to
3
if any, 4 jandowner sha ll not be com
or rerminate the supply of canal or use of well Fate ;
enjoyed by a tenant immedi ately before the eétiimence ment of this Act, and a breach of this provision sh fl
constitute cognizable offence punishable
with Riprison-
nay extend to six months a nd shall be triable ment which
1
py acourt not below the ra nk of a Second Class Magis trate
water. |
12. (1) Notwithstand ing anything conta ined in the Amount of | mazi-
Punjab Tenancy Act, 1887 Act (XVI of 1887), or in any agreement or usage or any decree or o rder of a court, the maximum rent p ayable by a tenant for any land held by him as such shall not exceed one-third of the crop of
such land or the val ue thereof as deter mined in the pres- cribed manner, and where the customary rent is less
than one-third the ma ximum rent shall be such customary
rent.
(2) In computing the maximum rent payable by 4 tenant, such portion of the rent, if a ny, as Te resents t he
ded by the
consideration for s ervices or facilities provi
landowner in relati on to the land shal l not be taken into account.
13. Unless the charges
facilities provided by the Jan
i ided for
in an agreemen
land have been spe cif cally provide between the partie s, such charges
shall be.
the Assistant Col lector, First Gra de, havin
who Shall give due regard to the usage of the locality an if there is no such usage, he shall giv e regard, amongst other matters, to-—
(a) the direct advantage
gained y th e land by th e
provision
of such ser vices OF fa cilities ; the services
OF
ature of
,
or natu their
(b) the condition ble duration of facilities and the proba
effects ;
(c) the labo ur oF capit al required for the provi sion
r facilities. of such servi ces O
mum rent.
15
42 THE PUNJAB SECURITY op L 2 TENURES ACT, 1953 [Act Duty of latceent , 14. (2) Every landowner shall give or for reat. teceived given a valid receipt to the tenant in the form « ) by from tenant. —_ for the rent received by him or on his behalr? "SCtibeg
(2) Any landowner who fails to give or given such receipt shall on Conviction be Cause to be with fine which may extend to one hundred
Punishapy,
Tupees . fe - i
Soe ale 1114-A. Notwithstanding anything to the covery of ar- 1 1 : ' of oe contained in any other law for the time bein _ ete. and subject to the provisions of Section 9-A, Con trary
8 in f OFce,
ee
(7) a landowner desiring to eject a tenant _ this Act shall apply in writing to the Assistag Collector, First Grade, having Jurisdiction who shall thereafter proceed as _ provided for In sub-section (2) of section 10 of this Act, and the provisions of sub-section (3) of the Said Section shall also apply in relation to such application, provided that the tenants' Tights to compensation, and acquisition of occupancy rights, if any, under the Punjab Tenancy Act, 1887 (XVI of 1887), shall not be affected ;
(i) a landowner desiring to recover arrears of rent from a tenant shall apply in wriling to the Assistant Collector, Second Grade, having jurisdiction, who shall thereupon _ send ; notice, in the form prescribed, to the tenan
either to deposit the rent or value thereof, payable in kind or give proof of having Pane it or of the fact that he is not liable (o pay he whole or part of the rent or of the fact of be landlord's refusal to receive the same o in
give a receipt, within the period specifie ot
the notice. Where, after summary _ de (2)
mination, as provided for in sub-section
of section 10 of this Act, the Assistant, | of lector finds that the tenant has not pai ant deposited the rent, he shall eject the Oe Summarily and put the landowner in P Session of the land concerned :
__ eee
*New section 14-A, added by Punjab Act XI of 1955,
16
of 1953] Tur PUNIAR Security
OF LA
Tenures Act,
1953
ale 243
(iii) (a if a landlo rd refuses to accept rent from
s tenant or demands rent in exce ss of what
hi
ne is entitled to under this Act, or refuses to ive a receipt, the tenant may in writing in-
form the Assistant Colle ctor, Second Grade
having jurisdiction o
f the fact ;
(b) on receiving suc h application the A ssistant
Collector shall by a written notice re quire
the landlord to accep t the rent payable in or to give a receipt, accordance W1 h this Act,
as the case may be , or both, within 60 days
of the receipt of the notice.]
¥**
**
aK
1715] ak
2
. ; °
3
' . [16. Save in the ca se of land acquire d by the [Central Saving OF ect of Government] under an y law for the time b eing in force, OF mala fide transier
by an heir by inheri tance, no transfer or other disposition of land effected after the 1st February, 1955, shall affect the rights of the tenant ther eon under this Act.] Right of certain (en -
417. Notwithstandin g anything [0 the contrary CON" ants to preempt
tained in any law, usage OF contract, and subject to the sale, etc of land. provisions of secti on 18, tenant of a landowner othe r than
a small landowner,—
(i) who has bee n in continuou s occupation o f the
for a perio land comprised in his tenancy
10
he dale of the sale ol
exceeding four y ears on (h
the Jand or for eclosure of the right to redeem the land, or 'oreclosure
(hat has take n
(i?) in case of a sale or |
.
place or shall take place with in @ period of three years from the co mmencement
of this
has acquirec Act and there is no tenant W oO
a right under clause (/). ~ after the L4th (a) who was ejec ted from tenancy
é
day of August,
1947, and b
efor
mencement
of this Act
on |) grounds
othe
1959, section 3
.eee
10mitted by Punjab Act No. 32 o f
* Substituted b
1 of
y Purjab Act Xf
o! 1955.
(chanics, for
the words 'State G
overnment" by the
pu
igarh) (AdaPtation o
f Laws on Stale and
Concurrent Subjes
jab Reorga
nisation
ts) October,
1968,
17
244 THE PUNJAB SECURITY OF LAND Act— TENURES Act, 1953 [Act~y than those mentioned in section 9, and w
in continuous occupation of ihe land
comprised in his tenancy for
exceeding four years on the da
ejectment, or
a perio
fe of iin
(b) who has been restored to his lenancy under the provisions of this Act and whose period of continuous occupation of the land comprised in his tenancy immediate] before ejectment and immediately after
restoration of his tenancy together exceed
four years, .
Punjab Actlof shall, in preference to the rights of other pre-emptors as = provided in the Punjab Pre-emption Act, 1913 (Act J of
1913), except the descendants of vendor's grand-father, be entitled to pre-empt the sale or foreclosure of the land
other than the land comprised in the reserved area of the
landowner in the manner prescribed in that Act within
one year from the date of the sale or foreclosure, as the
case may be :
Provided that no tenant referred to in this sub-section
Shall be entitled to exercise any such right in respect of the land or any portion thereof, if he had sublet the land or
the portion, as the case may be, to any other person unless during that period the tenant was suffering from a legal
disability or physical infirmity, or, ifa woman, was a widow or was unmarried,
Certain sales of [17-A. (1) Notwithstanding anything to the cont- tenancy ns not rary Contained in this Act or the Punjab Pre-emption Act, preremp' 1913, a sale of land comprising the (enar.cy of a tenant made fo 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
reaper of any such sale of land shall be executed by any
court ; |
Provided that for the purposes of this sub-section the
expression tenant includes a joint tenant {o whom whole or
"INew sections 17A and 17B, inserted by Punjab Act No. 4 of 1959, section 3.
18
, Tue Punjan Security or LAND 2 of 1953] TENURES AcT, 1953 . jart of the land comprising the joint tenancy is sold by
(2) Where, after the commencement of this Act, a tenant, 10 whom the land comprising his tenancy is sold py the landowner, has been dispossessed of such land by a reemptor Im 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 sub-section (2) shall be disposed of by the Assistant Collector of the first grade in the manner laid down in sub-section (2) of section 10. 17-B. (J) Where, after the commencement of this Certain mortgasees Act, land comprising the tenancy of a tenant is mortgaged to be deemed' as to him with possession by the landowner and such land is the Act. 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 tanant ofthe 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. b (2) Where a tenant referred to in sub-section (J)
has
ee dispossessed by the landowner in execution
of a
reste nea, Order of redemption, he shall
be entitled to be
San ored to his lenancy in the p
rescribed manner on the
ae ier and conditions on which it was he
ld by him
a i; Hately before the execution ol the mor
tgage on an
Are cation made by him to an Assistant Collector
of the
ftom having jurisdiction within a
period of one year
Tenures (qommencement of the Punjab
Security of Land
res (Amendment) Ordinance, 1958. -
19
— i |
) Tur PunyaB SECURITY OF Lann fy a Tenures Act, 1953 [Act x
3) An application received under sub-sectjo shall te disposed of by the Assistant Collector of the Ne grade in the manner laid down in sub-section (2) of de tion 10.) ; . °
Rights of certain 18. (7) Notwithstanding anything to the contrar y
fenants to PU Contained in any law, usage or contract, a tenant of 4 eee dandowner other than small landowner—
(i) who has been in continuous occupation of the land comprised in his tenancy for [4 mini. mum period of six years], or
(ii) who has been restored to his tenancy under the provisions of this Act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his ten- ancy together *[amounts to six years or more], or
(iii) who was ejected from his tenancy after the 14th day of August, 1947, and before the commencement of this Act, and who was in continuous occupation of the land comprised in his tenancy for a period *[of six years or more immediately before his ejectment], shall be entitled to purchase from the landowner the land so held by him but not included in the reserved area of the landowner, in the case of a tenant falling within clause (i) or clause (ii) at any time, and in the case of a tenant falling within clause (i) within a period of one year from the date of commencement of this Act : ;
Provided that no tenant referred to in this sub-section shall be entitled to exercise any such right in respect of the land or any portion thereof if he had sublet the land of the portion, as the case may be, to any other person during any period of his continuous occupation, unless during that period the tenant was suffering from a legal, dis ability or physical infirmity, or, if a woman, was a widow or was unmarried : |
Provided further that if the land intended to be put chased is held by another tenant who is entitled to pre empt the sale under the next preceding section, and who }
. not accepted by the purchasing tenant, the tenant in actua occupation shall have the right to pre-empt the sale. *Substituted by Punjab Act XI of 1955, for the words "'a period of twelve years' soubstituted by Punjab Act XI of 1955, for the words ''exceed twelve years 4, Substituted by ibid, for "exceeding twelve years, on the date of his eject™
20
of 1953 "HE P ] THE I UNJAB SECURITY OF LAND TENURES Act, 1953 . "
(2) A tenant desi
.
section (1) shall aka an applidation in veiling und er sub-
tant Collector of First Grade nave o risdiction at
land concerned, *[* *] and the
Rs uction over the
giving notice to the la
ndowner and t ; ne
n ante
interested in the land and after
making sv ee ee
thinks fit, shall *[determine] the
alle af the lind a8
shall be the average of the prices obtai nin f Cn aunt
in the locality during 10 years imm
ediatel OT en ati
date 0) The the application is m
ade y preceding ee
e purchase pri
ae i as SO ase Drie S
n be three-fourths offi
a) The tenant shall 'be c |
purchase price either in a lu mp copie ix ae try
instalments not exceeding ten in t he manner resoribed.
(b) On the purchase price or the first instalment
thereof, as the case may be, bei ng deposited, the tenant shall be deemed to_ have become the owner of the land
and the Assistant Collector shall, where the tenant is no t
ee 7 possession, and subject to the provisions of the fhe : enancy Act (XVI
of 1887) put him in possessi on
(c) If a default is commit ted in the pa ment of an of the instalments, the en tire ortstanding 'balance shall
on application by the p erson entitled to receive it,
recoverable as arrears of land revenue].
(5) If the land 1s subject to a mortgage al the time of
the purchase, the land shall pass to the {enant unencum-
bered by the mortgage , but the mortgage debt shall be a
charge on the purchas e money.
(6) If there is no such charge as afor esaid the Assis- tant Collector shall, subject to any dir ections which he ma y
receive from any court, pay the pu rchase money to the
landowner.
(7) If there is suc h a charge, the Assistant Collector shall, subject as af oresaid, apply 'n the discharge of the
f the purchase money as 18
mortgage debt so mu ch ©
required for that purpose and pay the balance, if any, to
the landowner, OF retain the purc hase money pendi ng
the decision of a civil Court as to t he person oF perso ns
entitled thereto. _ _—
1The words "for Scrermining | the value of such Jand
", omitted by Punjab Act XI_ of 1955.
5
" by Punjab Act x l of 1955.
* Substituted for the word
"fix
3 Sub-sections (3) and
(4) substituted by Ibid. —
21
j SECURITY OF LAND HE PUNJAB SECU '
"48 ' TENURES ACT, 1953 [Ace x eae 19. Nothing contained in section 17 of Se ee ys shall effect any land which is evacuee Property, as q certain properts in the Administration of Evacuec Property Act, 50 and to rene (XXXT of 1950) Y* #47 of any other lang whi may at any time be acquired by the Centra] Governmen, for resettlement of displaced Persons, Bar of future acqui- 719-A. (7) Notwithstanding anything to
Sain irary in any law, custom, usage, contract Or agreem
aan. from and after the commencement of the Punjab Sec of Land Tenures (Amendment) Ordinance, 1958
Permissible area -
Provided that nothing in this Section shall apply to
lands belonging 10 registered CO-operative Societies formed
Or purposes of Co-Operative farming if the land owned by
an Individual member of the Society does Not exceed the
Permissible area,
(2) Any (ransfer exchange, lease apr (tle- 2 g Cment or se
MEnt made" jn Be, + Sereem
"Onravention of the provisions of sub- Seclion (/) Shall be null and Void, P Fut iusiti = . ofl ner if af a Y Subject to the provisions of section 10-A, permissibie «3° 0! hethe. ie commencement of this Act, any person, 7M ete as land-owner Ortenant, acquires by inheritance or land, cv if afer Ir OM a Person lu whom he is an heir any the 30rh July 195 "ommencement of this Act and nein XChange lease ? Person has acquired by Lranarets "ler such ttlement any land, Of bt a ' ¢ are ¢ cy é her manner "ny land,] which, with oe wagdees lands —__ ee "The words "Ot the tine
of 1959 Section gat the "OmMencement Of this Act" Omitted by Punjab Act No. 32
*
. "New sect; Section 4. O'S TPA, 19B, 190 ang '°D, inserted by Punjab Act No. 4 of 1959, *Substityt , €d for the «. site. Whether ; dow 1 ouords vif, alter the commencement of this Act, any person, Person to y, : is an heir 12 @¢Quires iby inheritance Or bequest or gift from a
avree ' July, 195% any — land or f after the Commencement of this ACt ant
Cement of 5. €ment any lange has. acquired yY transfer, exchange, Set
1958 vide Section 1Qy Act No, 14 Of 1962, section 6 with e
22
; of 1953] THE PUNJA B SecuRITY oF
TENURES ACT, 195 ,
LAND 249
already owned or held by him,e
.
permissible _ area, t hen he shalt cathi n the eerea the cribed, furnish to the Collector, a return in the ore pres-
form and manner giving the particular s of all preseribed selecting the land not exceeding in the aggre : an
d
ermissible area which he desires to retain and if th ' es of such person 1S situated in more th an one patwar cine
he shall also furnish
a declaration require
d by section 5. A
(2) If he fails to furnish th e return and select his land within the prescribed peri od, then the Collector ma in respect of him obtain t he information required to i
shown in the return throu gh such agency as he may dee m
fit [and select the land for him in the mann
ified i
sub-section (2)
of section 5-B].
er spect ied in
(3) If such person fails to f urnish the declaration, the provisions of section 5-C s hall apply.
4) The excess land of su ch person shall be at the dis-
posal of the 1/Central Gov ernment] for utilisation as surplus
area under clause (a) of sectioni0-A or for such other
purpose as the Central Government] may by notification
direct.
19-C. (J) The Collector may from time to time by Pawery of pos:
order in writing direct the land-owner OF the tenant tO session of surplus deliver possession of the land in his surplus_area tothe person resettled on
su hl
[Centr | Governme
nt]
or any officer e
mpowered by i
¢ within ten
days 0
service of the order
on him.
ower to cause do-
9) If the land-own er oF the tenant refuses oF fails with on reasonable caus e {o comply with an or der she
under sub-section (/) the Collector may cause (he ; Pi . the
sion of the land in the surplus area to be delivers suc person resettled
on it and may
for that purpose
use
force as may be
necessary:
|
Exemption
of
al) not apply
{O ~ certain
lands.
19-D. The
provisions of th
i
:
lands granted to any memb ers of the A rmed Forces of the
Union for gallantry.
7
=
"Added by P unjab Act No. 14 —r1962, with effect from ine 30th July. 1958, t'? by the
Punjab R
eorganisatio n
ts) Order,
1968.
vide sections 6(2) and 1(2). *Substituted for the words ''State Govern men, (Chandigarh) (Adaptation of Laws 0"
State ane
oncurrent
Subjec
23
ie
250 THE PUNJAB SECURITY OF LAND [A
Tenures Act, 1953 ct
Lend cuncd by 1 ] q ings i at : e oe [19-E. Notwithstanding anything —containeg in th; family to be Act ot in other law for the time being in force,— Is deemed land of
one land-owner. *(a) where, immediately before the commence
of this Act, a land-owner and his decend™
constitute a Hindu undivided family ants
land owned by such family shall, for 4°
purposes of this Act, be deemed to be the land
of that Jand-owner and no descendant shal] ag
member of such family, be entitled to claim that
in respect of his share of such land he isa land
owner in his own right ; and :
(h) a partition of land owned by a Hindu un- divided family referred toin clause (a) shall be deemed to be a disposition of land for the purposes of section 10-A and 16. Explanation.—In this section, the expression "'descen- dant" includes an adopted son.
re . fia For the removal of doubts it is hereby de- clared,—
(a) that the *[Central Government] or any officer empowered in this behalf shall be competent Inserted by Punjab Act No. 14 of 1962, with effect from the 15th April, 1953, vide sections 7 and 1 (2).
*Section 11 of Punjab Act No. 14 of 1962, reads as follows :— 1]. Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being inforce or in any judgement, der cree or order of any court or other authority,—
(a) where the surplus area in respect of the land owned bya Hindu undivided family referred to in clause (a; of section 19-E of the principal Act, has been determined under that Act at any lme before the commencement of this Act by any authorily competent to determine such area, whether by ignoring Ue partition of any such land made after the commencement lid the principal Act or otherwise, such determination shall be a?
and shall be deemed alwas to have been valid and shall not 218 questioned on the ground that the descendants of the land-owne consutuling With him the Hindu undivided family were a owners in their own right in respect of their shares in such la or on the ground that the partition had been ignored 3
(6) where an order under sub-section (2) of section 5-B or sub-section (D of section 5-C, in respect of the surplus area of any pet been passed bya Revenue Officer exercising the pow
Collector purporting to act as the prescribed authorily s beet! order shall be valid and shall be deemed always to have not valid and shall not be questioned on the ground that it was passed by the prescribed authority. 'ati
Substituted for thewords **State Government" by the Punjab Reorgansoeg (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order,
24
= 1953 Tug PUNJAB SECURITY OF of TeNuRES AcrT, 1953 LAND
251
and shall be deemed alwa | always to have
competent, to determine in the sresctibed manner the surplus area referred to in section 10-A of a land-owner out of the lands owned by such land-owner immediate
ly b ef
commencement
of this Act ; an rid
ore the
(b) that for evaluating the land of any per any time under this Act, the land Swed iy him immediately before the commencement of this Act, or the land acquired by him after such commencement by inheritance or by be- quest or gift from a person to whom he is an heir, shall always be evaluated for converting into standard acres as if the evaluation was being made on the date of such commence- ment, and that the land acquired by him af ter
such commencement in any other mann er shall
always be evaluated for converting in to stan-
dard acres as if the evaluation was bein g made
on the date of such acquisition]. ;
20. Nothing contained in this Ac t shall entitle a
tenamt to purchase land in excess of the permissible area,
including the land which he may already own.
Restrictions on
tenants.
21. %[(1)j Nothing conta ined in this Act shall affe ct Savingof. inder
any land held by a tenant or less ee under Government, or local bodies in the State, or any unall otted evacuee land.
11(2) The provisions of sect ion 9, 9-A and 18 shall
not apply to lands leased
_out by the Punjab State Co -
operative Land Mortgage B
ank Limited established un
der
the Punjab Co-operative Land Mortgage Banks Act, 1957].
*(21-A. (1) The 3, Ce
ntral Government] m
ay, for F
the purpose of preven
ting or removing an
y hardship of
difficulty, by a specia
l or general order
, to be notified in
the official Gazette, direct that any of the provisi
ons of
ELT a a
1Section 21 renumbered as s ub-section (1) of that_sectio n and after sub-section
(1) so tenumbered a new sub-se ction (2) added by Punjab Act No. 14 of 1962,
ion 8,
2New section 21-A , added by Punjab Act XI of 1955. *Substituted for th
rds ''State Government"
by the Punjab Re-org
anisation
(Chandigarh) (Adaptation of Laws on State and Concurren t Subjects ) Order, 1968. and lessees under
Government.
ower to remove
difficulties by
modification of
provisions in
certain cases.
25
Procedure for ejyectment, Abrogation of pending decrees, orders and
notices.
Appeal, review and revision. Power to
separate share of land-owners in joint lands,
252 THE PUNJAB SgEcuRITY OF LAND Trnurgs Act, 1953 [ Act X this Act shall apply to any class of fenants or OWne, with such modifications as may be specified in that 5 E (2) Any order made under sub-section (Z) shall be bets before both the Houses of the Legisiatute during the S€Ssign next following after the making of such order, and Unless the said order is approved by both the Houses a Of the Legislature, with or without modification, it shafj Case to have effect.] [22. Any dispute relating to rent payable by a tenant, or any objection relating to the 'permissible area, not otherwise expressly provided for in this Act, shall be determined in a summary manner as Provided for in sec. tion 14-A ; provided that the order of 'the Commissioner in appeal or revision in the ordinary course, shall be final.]
23. No decree or order of any court no notice of ejectment shall which it is consistent with t
or authority and be valid save to the extent to he provisions of this Act.
_ 24. The provision in Tegard to appeal, review and revision under this Act shall » So far as may be, be the same as provided in sections 80, 81, 82, 83 and 84 of the Punjab Tenancy Act, 1887 (Act XVI of 1887). __ [24-A. (/) Where a land-o with other land-owners and his sh thereof, as ascertained from th or is to be declared as Surplus area, the officer competent to declare such area, or, where such area has been declared, the officer competent {6 utilise it, may on his own motion, after summary enquiry and affording to the persons inter- ested in such land an Opportunit 'd, separate his share of sue lant pp y of being heard, sep . ' Or part thereof j land owned by him Jointly With. other land-ownene n the land o (2) Where » after the declaration of the surplus area of any person and before the utilis { n ¢ . ation thereof, his !a nas been publected to the Process of consolidation, the separ "Actred to in sub-section (1) shall be competent ! land obt im de lus area of such person out of the area at oblained by him after consolidation, ]
1Substituted by Punjab Act XI 0 £1955, "New Section 24-A inserted by Punjab Act No. 14 of 1962
wner owns land jointly
are of such land or part
¢ record of rights, has been
———
, section 9,
26
r a, y
.
of 19 53]
THE J UNJAR
SECURITY
OF
TENURES ACT, 1953 La nd = 253
25, Except in accordance wi enutel | : validi y ofany brepoeai vith the proviso of this Exclusion of Act the v any proceedings or order taken or made — Sorts, -and under this Act shall not be called in question in any court muthorities. or before any other authority.
26, No suit or other legal proceedings shall lie Indemnity against any authority in respect of anything done
in good
fqith in pursuance of the provisions of this Act,
27. The 1[Central Government] may by notification Power t o make
'nthe official Gazette make rules
for carrying out the pur- rules.
poses of this Act.
28. The Punjab Tenants (Security of Tenure) A ct, Re and
1950 (Act XII of 1950), and the Punjab Tenan ts (Security
of Tenure) Amendment Act, 1951 (Presiden t's Act V of
1951), aré hereby repealed but, notwiths tanding such
repeal and notwithstanding the expiry of t he Prevention of
Ejectment (Temporary Powers) Ordinance , 1952, anything
done or any action taken in the exerci se of any power
conferred by or under the said Acts or the said Ordinance
to the extent ofits being consistent with the provisions of
this Act, shall be deemed to have been done or taken In
exercise of the powers conf erred by or under this Act, as if
this Act was in force on the day on which such thing was
done or action taken.
el
. ' ant"
iab Re-organisa- ISubstituted for the words "State Government by the Punja i :
tion (Chandigarh) (Adaptation of Laws on Sta te and Concurrent Subjects) Order,
1968.
27