Amendment status not verified — confirm the current text below against the official source.
(1) Any reservation before the 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 Territory of Chandigarh] as landowner, any parcel or parcels not exceed- ing the permissible area by intimating is selection in the prescribed form and manner (to the patwart of the estate In which the land reserved is situate or to such other 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. 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 * of 1953] THE PUNJAB SEcuRITY SEC 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 <n opportunity of being heard. 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 anything contained in this Act or the rules 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 authority ,— (a) where the surplus area in respect of the land owned by a Hindu undivided family referred to in clause (a) of section 19-E of the principal Act, has been determined under that Act at any time before the commencement of this Act by any authorily competent lo determine such area, whether by ignoring the partition of any such land made alter the commencement of the principal Act or otherwise, Such determination shall be valid and shall be deemed always to have been valid and shall not be questioned on the ground that the descendants OF the landowners consutulng with him the Hindu undiviced family were landowners In their Own right in respect of their shares in such land or on the ground that the 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 surplus area Of any person, has been passed by a Revenue Officer exercising the powers ofa Collector purporting te act as the prescribed authority, such order shall be valid’ and shall be deemed always to have been 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. 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 tafe, 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.]