Amendment status not verified — confirm the current text below against the official source.
PERMISSIBLE AREA. -(1) The permissible area in relation to a land-owner or tenant or mortgagee with possession or partly in one capacity or partly in another, of person or family consisting of husband, wife and upto three minor children (hereinafter referred to as "the Primary unit of family"), shall be, in respect of (a) land under assured irrigation capable of growing at least two crops in a year (hereinafter referred to as the land under assured irrigation), 7.25 hectares; . (b) land under assured irrigation capable' of growing at least one crop in a year, 10.9 hectares; (c) land of all other types including land under orchard, 21.8 hectares. . (2) The permissible area shall be increased by one-fifth of the permissible area of the primary unit of family for each additional member of family; Provided that the permissible area shall not exceed twice the permissible area of the primary unit of family. (3) The permissible area shall be further increased up to the permissible area of the primary unit of a family for each separate unit: (Vide Act No. 17 of 1976). Provided that where the separate unit also owns any land, the same shall be taken into account for calculating the permissible area. (4) -The permissible area shall be determined on the basis of valuation to be calculated in the prescribed manner taking into consideration the ownership of the means of irrigation, their intensity and such other factors as may be prescribed subject to the condition that the total physical holding does not exceed 21:8. hectares. (5) In determining the permissible area for the purpose of clause (a) of sub-section (1) five hectare are of land under irrigation from privately-owned tubewells, pumping sets, etc., shall be equal to four hectares of land under irrigation from canal as defined in the Northern India Canal and Drainage Act, 1873 (Central Act 8 of 1873) or from State tubewells as defined in the Punjab State tubewells Act, 1954 (Punjab Act No. 21 of 1954). (6) For evaluating the land of any person at any time under this Act, the land owned by him immediately before the commencement of this Act as well as the land acquired by him after such commencement by inheritance, bequest or gift from a person to whom he is an heir shall be evaluated as if the evaluation was being made on the appointed day and the land acquired by him after the appointed day in any other manner shall be evaluated as if the evaluation was being made on the date of such acquisition. CASE LAW Ss. 4, 9 & 13--Reserved Area--Permissible Area--Under Punjab Act, reserved area is one reserved out of the entire land held by him, not exceeding the permissible area Permissible area is defined under Haryana Act but there is no mention of reserved area anywhere--Landowner can initiate proceedings for ejectment of a tenant only after the surplus area is decided under the Haryana Act--Continuance of the ejectment proceedings after the Haryana Act came into force, is inconsistent with the Haryana Act--No procedure has been prescribed under the Haryana Act for ejectment of a tenant-- Concept of permissible limit in Punjab Act must give way to the definition of permissible Area in Haryana Act-- Until decision of surplus area is taken application in Form K-2 may be kept pending--Punjab Security of Land Tenures Act, 1953-S. 9(1) (i);1999 (1) All India land Laws Reporter 189 Sections 4, 8 and 12(3)--Provision are inconsistent--On the fact of it-Sections 2 and 8 are inconsistent with provisions of section 12(3) which was introduced by the amendment Act of 1976-- Section 4 provides for the determination of surplus area--Section 8 has the effect of saving certain transfers from the operation of the Act--Section 12(3) prescribes that the permissible area for the tenant under the Punjab Law not vested in the Government shall be deemed to have vested retrospectively in the State Government--From the appointed day- Attach is on the point if the land vested in the Government there seems be no purpose to determine the tenants permissible area--A closer and critical examination shows that these sections are not irreconcilable-- Section 8 has not been repealed by the introduced section--A harmonious way of construing these sections would be to give them effect with effect from 23rd December, 1972—Exclude transfer made upto 23.12.1972 from the operation of section 12(3)--Other transfer of land in excess of permissible area under the Punjab Law and Pepsu Law would be protected if transferred prior to 30.7.1958--And this is the harmonious way of interpretation of Section--And in regards to conflict between sections 4 and 12(3)- -Other provisions of the Act have to be pursued and that will show that there is no conflict in between them; Vol. 29 (SUPP.) All India land laws Reporters 204 Section 4--Second Wife--Cannot be treated as additional member or family--No addition in permissible area of family unit can be allowed on account of second wife; 1989 (1) All India land laws Reporters 475 Sections 4 and 11--Permissible area--Concept of--Ciling on land-- Concepts applicable to both tenants as well as to landowner--No obligation placed on the landowner to first select area for his self cultivation--Tenant has no locus stand: to challenge right of reservation--Tenant has not right to be heard; 1989 (2) All India Land Laws Reporters 73 Sections 4, 12 and 15--Tenant has no right to be heard in the matter of declaration of surplus area of the landowner--Dispute is between the State and the landowner--Tenant has no right to claim hearing in proceedings for determination of surplus area of landowner--Can claim a hearing and assert his rights at the time of allotment of surplus area; 1989 (2) All India Land Laws Reporters 73 Sections 4 and 9--Authorities took possession of land after landlord selected the permissible area--And handed over the same to tenant-Landowner challenged the action in writ petition- -Take over area resorted to Landowner--Surplus area case has not been finally decided--And till then any appeal by the tenants for possession is not competent--Order on the applicant is totally uncalled for and vitiated--Punjab Security of Land Tenures Act, 1953- Sections 10; 1992 (2) All India Land Laws Reporters 5 Sections 4 and 7--Land held by person whether as landowner or tenant should be taken into consideration while calculating the permissible area--No person can be allowed to hold land more than permissible area--Whether as tenant or as land-owner or in both capacities; 1989 (1) All India land laws Reporter 509 Sections 4,7,9,10 and12--Landowner whose land had been declared surplus under the Punjab Security of Land Tenures Act, 1953 and who has not been divested of ownership of surplus area before the commencement of the Haryana Ceiling on Land Holdings Act is entitled to select permissible area for his family and each of his son--Landowner entitled to select permissible area for his adult son-Area would vest in the State only after selection is made--Land would vest in the State which is capable of vesting under section 12(3)--Land remaining surplus after selection which has been made by the landowner or by the Collector would vest-- Section 4 and 7 --Son born after appointed day but before coming into force of Act is entitled to additional Area;1988 (2) All India Land Laws Reporter 458 Sections 4 and 3(9)--Adult son—Proof of age in the absence of documentary evidence—CMO‘s certificate as per radiological report age should be accepted; 1988 (2) All India Land Laws Reporter 477 Sections 4 and 8--Land transferred before 30.7.1956 cannot be taken into account while determining surplus area; 1988 (2) All India Land Laws Reporter 112. Sections 4 and 32--Amendment made in the Act not retrospective-Amendment legislation not to effect the rights which have already been determined; 1979 All India Land Laws Reporter 397