Amendment status not verified — confirm the current text below against the official source.
REPEAL AND SAVINGS.--(1) The provisions of the Punjab Security of Land Tenures Act, 1953, and the Pepsu Tenancy and Agricultural Lands Act, 1955, which are inconsistent with the provisions of this Act are hereby repealed. (2) The repeal of the provisions of the enactments mentioned in subsection (1), hereinafter to as the said enactments, shall not affect (i) the applications for the purchase of land under Section 18 of the Punjab Law or Section 22 of the Pepsu Law, as the case may be pending immediately before the commencement of this Act, which shall be disposed of as if this Act had not been passed; (ii) the proceedings for the determination of the surplus area pending immediately before the commencement of this Act, under the provisions of either of the said enactments, which shall be continued and disposed of as if this Act had not been passed, and the surplus area so determined shall vest in, and be utilised by the State Government in accordance with the provisions of this Act. (iii) the revisional power of the Financial Commissioner under section 24 of the Punjab law or under sub-section (3) of Section 39 of the Pepsu Law, as the case may be, shall be exercised as if this Act had not been passed; and the area declared surplus in exercise of such reo visional power shall vest in, and be utilised by, the State Government in accordance with the provisions of this Act: (iv) the power exercisable under section 5-C of the Punjab law or under section 32-88 of the Pepsu law, as the case may be, shall be exercised as if this Act had not been passed; and the area determined surplus in exercise of such power shall vest in, and be utilised by, the State Government in accordance with the provisions of this Act; Provided that the powers of the Pepsu Land Commission under the Pepsu law shall vest in, and be exercised by, the Collector of the district concerned. (3) Save as provided in sub-section (2), no authority shall pass an order if any proceedings whether instituted before or after the commencement of this Act which is inconsistent with the provisions of this Act. CASE LAW Section 33(2) (ii) and 18--Land declared surplus in 1960, a part of its sold in 1967, landowner died in 1982--Collector (Agrarian) held in 1984, land having not been declared surplus landowner died, heirs became shall landowners, no surplus land can be declared- Alienation was also vc1llid--State filed petition invoking suo motu on the jurisdiction of the Financial' Commissioner--FC reserved the orders of collector (Agr.)-Sons of the landowner are in appeal--Orders of the FC are challenged as not sustainable under Section 33(2)(ii) and also that beyond 3 years, the powers of the FC could not be invoked--Held--(i) As for Section 33(2)(ii), it has been provided that the repeal of provisions shall not effect the proceedings for determination of the surplus area pending immediately before the commencement of the Act- Since land had already been held surplus by the competent authority provisions of Section 33(2)(ii) cannot be invoked--(ii). As for the limitation, the suo moto powers of the FC could be invoked "at the time"--Challenge on the ground of "being beyond 3 years" cannot be sustained; All India Laws Reporter 50 Section 33--Determination of surplus area--Area declared surplus under the Punjab Law-Matter cannot be re-opended by the Collector unless there is a reference made to the Financial Commissioner--Collector cannot review earlier order even with the permission of Commissioner;1983 (1) All India Laws Reporter 610 Section 33(2) (ii)-Financial Commissioner under Section 24 of Punjab Security on land Tenures Act or under Section 39(3) Pepsu Tenancy and Agricultural lands Act can exercise revisional powers at any time even when no proceedings were pending immediately before the Commencement of the· Act;1985 (1) All India Laws Reporter 423 Section 32(2) (iv)--Concealment of facts--Exact land not disclosed--Sufficient guidelines are provided to cover up against the concealment in the shape of section 5C of the Punjab Security of land Tenures Act,1953; 1983 (1) All India Laws Reporter 610 Section 33(2) (ii)--Words proceedings for determination of surplus area pending immediately before commencement of this Act-- Meaning of--Filing of appeal against order declaring surplus area under the Punjab Security of Land Tenures Act after the Haryana Ceiling of land Holdings Act came into force Appeal is a statutory right--Appellate Court can entertain time barred appeal--Surplus area held to be pending; 1985 (1) All India Laws Reporter 423 _______________________________________________________________________________________________________ _________________________________________________________________________________________________ THE SCHEDULE [See Section 16 (1)] Valuation Statement for Ambala District (Figures represent value in annas per acre) CLASS OF LAND Chahi Chahi and Abi Chahi, Sailab Abi Brani and Bagh Barani Nehri and Abi Tehsil Area or Valu assess- ation ment circle – Area or Valu –assess ation ment circle Area or Valu– assess-ation ment circle Area or Valu – assess-ation ment circle Area or Valu –assess tion ment circle Area or Valu –assess-ation ment circle 1 2 3 4 5 6 7 8 9 10 11 12 13 Ambala and Kalka Jagadhri … … … … All 15 … tehsil … … All tehsil … 15 All tehsil All tehsil 9 … … 9 … … All tehsil 10 Kandi and 8 Northern Jamma Khadar circle __________________________________________________________________________________________________ Bangar 10 circle Southern 11 Jamna Khadar and Som Khadar circles Naraing All 15 … … … … All Tehsil 9 Se 16 Seoti 9 arh tehsil oti 14 circle Gh Ghar 8 ar circle Notes: - 1. Banjar land shall be valued at 2 annas.