Amendment status not verified — confirm the current text below against the official source.
DEFINITIONS. --In this Act, unless the context otherwise requires, (a) "adult" means a person who is not a minor; . (b) "agricultural worker" means a person whose principal mean of livelihood is the income he gets as wages in cash or kind or partly in cash and partly in kind, in connection with the agricultural operations he performs; (c) "appointed day" means the twenty-fourth day of January, 1971; (d) "banjar land" means land which has remained uncultivated for a continuous period of not less than two years immediately preceding the appointed day; (e) "Collector" means the Collector of a district or any other officer not below the rank of an Assistant Collector of the first grade empowered in this behalf of the State Government; (f) "family" means husband, wife and their minor children, or any two or more of them. EXPLANATION 1. -- A married minor daughter shall not be treated as a child. (Vide Act No. 17 of 1976) EXPLANATION 2. --Child shall include (i) child of the husband from his deceased or divorced wife and living with him; (ii) child of the wife from her deceased or divorced husband and living with her; . (iii) illegitimate child of the husband or the wife and living with them or either of them; (g) "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 subservient to agriculture, or for pasture, and includes (a) the sites of buildings and other structures on such land, and (b) banjar land, (h) "landowner" means the owner of land; (i) "minor" means a person who has not completed the age of eighteen years; (j) "orchard" means a compact area of land, other than land under grape garden or [wine yard or banana or guava trees] (Substituted vide Act No. 33 of 1973) having fruit bearing trees grown thereon in such number that they preclude, or when fully grown would preclude a substantial part of such land from being used for any agricultural purpose; (k) "Pepsu Law" means' the Pepsu Tenancy and Agricultural Lands Act, 1955; (l) "permissible area" means the extent of land specified in Section 4 as the permissible area; (m.) "person" includes a company, family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property;' (n) "prescribed" means prescribed by rules made under this Act; (o) "prescribed authority" means an authority prescribed by rules made under this Act; (p) "Punjab law" means the Punjab Security of Land Tenures Act, 1953; (q) "separate unit" means an adult son living with his parties or either of them and in case of his death, his widow and children, if any; (Substituted vide Act No. 17 of 1976) EXPLANAT10N.--The adult son or in case of his death his widow and children shall be deemed to be living with the parents or either of them unless separated; (Vide Act No. 47 of 1976) (r) "surplus area" means the area in excess of the permissible area; (s) "tenant" means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person, and includes(a) the predecessors and successors-in-interest of the tenant; and (b) sub tenant; but does not include a person who is such a relation of the landowner as may be prescribed; (t) all other words and expressions used herein and not defined but defined in the Punjab Tenancy Act, 1887 (Punjab Act 16 of 1887), or the Punjab Land Revenue Act, 1887 (Punjab Act 17 of 1887), shall have the meanings assigned to them in either of those Acts. CASE LAW S.3 (f)-- Surplus Land--What is provided in the Act is that a person filing declaration form has to include the particulars of land held by him as also the land held by his family members and the separate unit--And record his selection of the permissible area-- In case he fails to select his permissible area, prescribed authority is competent, to do that--This has happened in this case Landowner's plea is that holdings belonging to one of his natural sons and given in adoption to another person as per adoption deed dated 5.11.1973 has been wrongly clubbed with his holdings--Having lost in the courts below here is Regular Second Appeal--Adoption deed dated 5.11.1973 shows that son was given in adoption only 4-5 days before execution of adoption deed--For acceptance of the plea of separate holding adoption has to be before the appointed day i.e. 4.1.1971--Records althrough, in ,revenue records, in school certificate show him as son of the appellant—Adoption deed was an attempt to defeat the mandatory provisions of the Act--Meritless appeal stands dismissed; Jaswinder Singh v. State of Haryana through Collector, Sirsa and others : 2001 (1) All INDIA lAND lAWS REPORTER (Pb. & Hry.) 174 Sections 3, 4 and 5--Determination of surplus area--Person allotted land under the Haryana Act and settled on surplus area has a right to be heard in proceedings under the Haryana Act dealing with the question of determination of surplus area; 1989 (1) All Indian Land laws Reporter 283 Section 3(1), 4 and 7 --While disclosing his holding in Form K-1, Landowner has to disclose the holding of his family members also as required under Haryana act-Landowner has to be a small landowner under both the Acts--In case a tenant challenges it, he has to make a credible allegation so as to create a doubt about the assertion of the landowner that he is small landowner; 1993(2) All India land laws Reporter 328 Sections 3(1), 4(1), 7, 8, 9. 11 (1)(2)--Family--concept of--Giving of artificial definition of family--Does not vilate Article 14 of the Constitution of India; 1980 All India land laws Reporter 365 Sections 3(6), 3(i) 4, 7 and 9--Appointment day--Daughter born after appointed day- Landowner not entitled to additional unit; 1984 (2) All Indian land laws Reporter 216 Sections 3(c), 3(b) 4(2), 7 and 9--Son born after the appointed day and before the date of commencement of Act-Landowner not entitled to additional area; 1983(1) All India land laws Reporter 532 Section 3(f) and 4--Permissible area--Appointed day--Family to be seen as on 24th January, 1971---Death of a child after the appointed day--Factum of death cannot be taken note of--Plea of the revenue that on the date of decision as the child was not living benefit of additional unit should not be given-Held to be not tenable; 1984(2) All India land laws Reporter 117 Section 3(f), 4 and 7 --Change in status of family after appointed day--Minor daughter dying after the appointed day--Plea of the landlord that on the death of minor daughter his son became adult and thus entitled to separate unit Plea to be considered on merits; 1984(2) All India land laws Reporter 117 Sections 3(f) and 3(c)--Married daughter--Daughter married on the date of decision of surplus area case but minor unmarried on appointed day--Minor and unmarried daughter to be counted as member of the family--Permissible area can be allowed under act; 1989 (1) All India land laws Reporter 360 Section 3(f)--Family--Unmarried major daughters and divorced daughters--Supreme Court expressed a wish that the State Government should give due consideration to their claims; 1980 All India land laws Reporter 365 Section 3(f)--Constitution of India, Articles 14, 19 and 31-- Basis on which the concept of family defined, explained by the State--Background of the legislation for adopting the family as a Unit. Explained--Explanation given considered and found satisfactory- Provisions held valid; 1980 All India Land laws Reporter 365 Sections 3(f), 4(1), 4(3) and 7 --Artificial concept of family-- Does not result in any inequalities--Provisions are valid--Does not lay down any double standard for fixing the ceiling limit; 1980 All India land laws Reporter 365 Sections 3(g) and 26--Jurisdiction of Civil Court is barred under Section 26--ldle to contend that it is for civil Court to determine the question whether land in possession of petitioner falls within meaning of work 'land' used in Ceiling Law; Vol. 9 (Supp.) All India Land Laws Reporter 381 Sections 3(m), 4, 7 and 9(1)-Haryana Ceiling on Land Holdings Rules, 1973, Rules- High Court declaring certain provisions as invalid without noticing that the Act has been included in the 9th Schedule of the 'Constitution-Earlier decision riot binding-- law altered since earlier decision: - Earlier decision between the parties will not operate as res-judicata; 1979 All India Land Laws Reporter 457 Sections 3(c) and 4--Definition of tenant is applicable with regard to working' out permissible area of landowner or tenant; 1986 All India Land Laws Reporter 13