Amendment status not verified — confirm the current text below against the official source.
DISPOSAL OF SURPLUS AREA.--(1) The surplus area acquired or vested under section 12 shall be at the disposal of the State Government. (2) The State Government may, by notification, frame a scheme for utilising the surplus area by allotment of land to members of the Scheduled Castes and Backward Classes, landless persons, agricultural workers, tenants, ex-servicemen, tenants liable ejectment, or persons owning (land measuring less than two hectares of the category specified in clause (c) of sub-section (1) of Section (4) or land of equivalent valued: Provided that - (Vide Act No. 2 of 1987) (i) a tenant holding land declared as the tenant's permissible area under the Punjab Law or the Pepsu Law, as the case may be, may be allotted land to the extent of the area held by him or the permissible area under this Act, whichever is less; . . (ii) a tenant who was allotted and given possession of land in the surplus area by the State. Government under the Punjab Law or the Pepsu Law, may be allotted land to the extent of the 'area so allotted to him; (iii) a tenant liable to ejectment as a result of an ejectment order or decree passed against him under clause (i) of sub- section (1) of Section 9 of the Punjab Law or sub section (1) of Section 7A of the Pepsu Law, may be allotted land to the extent of the area mentioned in Section 9A of the Punjab Law or Section 7 A of the Pepsu Law 'as the case may be; (iv) a tenant, settled on the surplus area by the landowner before Kharif, 1968, who is not (a) landowner's relation of the category specified in clause (9) of Section 2 of the Punjab Law or the rules made thereunder; or (b) the landowner's relatives of the category specified in the rule made under sub- clause (ii) of clause (g) of Section 2 read with Section 52 of the Pepsu Law; or (c) the landowner's relation of the category specified in the rule made under clause (s) of Section 3 read with Section 31 of this Act; may be allotted land to the extent of two hectares of the category specified in clause (c) of sub-section (1) of Section 4 or land of equivalent value subject to the condition that the land so allotted and the land held by him, if any do not exceed two hectares of land of the category specified in clause (c) of sub-section (1) of Section 4 or land of equivalent value; and (v) a person from any other eligible category may be allotted land to the extent 'Of two hectares of the category specified in clause (0) of sub section (1) of Section 4 or land of equivalent value subject to the condition that the land so allotted and the land held by him, if any, do not exceed two hectares of land of the category specified in clause (c) of sub-section (1) of Section 4 or land of equivalent value: Provided further that were a sub-tenant, except that of a widow, a minor, an unmarried woman, a member of the Armed Forces of the Union or a person incapable of cultivating land by reason of physical or mental infirmity is in possession of land, the allotment shall be made to him to the exclusion of the tenant; Provided further that until the scheme for utillsing the surplus are under this Act is finalised and notified, the surplus are and the tenants permissible area vested in the State Government under sub-section (3) of Section 12, may be taken possession of and utilized for the resettlement of tenants liable to be rejected from the permissible area, reserved area or exempted area of a landowner under the Punjab Law or the Pepsu Law. (Vide Act No. 17 of 1976) (3) Any scheme framed by the State Government may provide for the priorties among the persons mentioned in sub-section (2), the extent of land and the terms and conditions on which the land in the surplus area is to be allotted. (4) The purchase price of the land, along with interest at the rate of five" per cent per annum, shall be payable by the allottee in whose favour the proprietary rights are conferred in ten annual equated instalments, at the rate not exceeding that mentioned in column 1 of the table in sub-section (1) of Section 16. (5) On payment of full price or the first instalment thereof, as the case may be, the allottee shall be deemed to have become the owner of the land and the prescribed authority, where the allottee is not already in possession, shall put him in possession thereof. (6) The unpaid portion of the purchase price alongwith the interest shall be the first charge on the land so allotted. (7) Notwithstanding anything contained in Section 21 a person who secures an allotment by furnishing information which is false or which he knows or has reason to believe to be false or which he does not believe to be true and who is or has to any time been in possession of any surplus area to which he is or was not entitiled under the law shall for the period for which the surplus area remains or has remained in his possession, be charged a licence fee equal to thirty times the land holdings tax, recoverable in respect of this area. (Vide Act No. 40 of 1976) CASE LAW S. 15-- Chronologically respondent applied for allotment of land for surplus pool on 19.9.80--Allotted land on 4.12.1984--Took possession on 8.5.1985--ln this meantime respondent joined Government service in August 1983, prior to date of allotment-As a Government servant, respondent was not entitled to this allotment--Previous orders on these lines are confirmed; Ved Parkash v. Subhash : 2001(1) ALL INDIA LAND LAWS REPORTER (FC, Hry.) 134 Section 15, 11 and 18--Surplus area allottees have acquired ownership rights in the land allotted to them and any reopening of matter which affects this right would certainly entitle them to be heard-- Principle of natural justice would clothe resettled tenant with that right--Also surplus area order of the Collector dated 29th September, 1961 had become final qua the landowner--He cannot be permitted to take advantage of the reopening of the case at the behest of the tenant--Relief given by the Lower Court was to the tenant only and not to the landlord;" All INDIA LAND LAWS REPORTER 578 Section 15, Proviso (i) and 4--Tenant holding land declared as tenant's permissible area under the Punjab Law may be allotted land to the extent of area held by him--Concept of family not accepted--Entitlement of family not to be taken into account-- Only the entitlement of original tenant in whose hands the tenant's permissible area was declared to be considered; 1986 (2) All India Land Laws Reporter 10 Section 15(2)--A1lotment of surplus area eligible person- Landowner challenging determination of surplus area--Allottee held to be a necessary party in dispute regarding surplus area;1988 (1) All India Land Laws Reporter 644