Amendment status not verified — confirm the current text below against the official source.
‘[() Notwithstanding anythi contained in be d. : £ any 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, | 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, 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 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 receiving informa- ion of the application : _ Provided that no ejected tenant shall be restored to his tenancy as provided hereinbefore unless he has paid Compensation as determined by the Assistant Collector ° the landowner or other person, if any, as the case may e, 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®