Amendment status not verified — confirm the current text below against the official source.
Exclusion of Courts and authorities ... 239 ... 240 ... 240 ... 241 ... 242 ... 242 ... 242 ... 243 ... 243 ... 243 ... 243 ... 244 ... 244 ... 244 ... 244 ... 244 Punjab Security of Land Tenures Act, 1953 [Received the assent of the President on the 15th April 1953, and was first published in the Punjab Government Gazette (Extraordinary) of the 15th April, 1953.J An Act to provide for the security of land tenure and other incidental matters. It is hereby enacted as follows:- 1.' Short title, extent and commencement.- (1) This Act may be called the Punjab Security of Land Tenures Act. 1953. For Punjab only Section 28 of the Punjab Land Reforms Act, 1972, is reproduced as under :- ~Repeal and Saving.- "28. (1) The Punjab Security of Land Tenures Act, 1953, and the Pepsu Tenancy and Agricultural Lands Act. 1955. insofar as these as inconsistent with the provisions of this Act, are her~by repealed. (2) The repeal of the enactments mentioned in sub-section (I) hereinafter referred to as the said enactments, shall not affect- (i) the proceedings for the determination of the surplus area pending immediately before the commencement of this .\ct, under 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: Provided that such proceedings shall, as far as may be, continued and disposed of, from the stage these were immediately before the commencement of this Act, i~ accordance with he procedure specified by or under this Act [and the cases pending before he Pepsu Land Commission immediately before the date of commencement of this Act shall stand transferred to the Collector of the district concerned for disposal:] Provided further that nothing in this section shall affect the determination and utilisation of the surplus area other than the surplus area referred to above in accordance with the provisions of this Act: (ii) the previous operation of the said enactments or anything duly done or suffered thereunder: (iii) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments, insofar as such right, privilege obligation or liability is not inconsistent with the provisions of this Act and any proceeding or remedy in respect of such right. privilege. obligation or liability may be instituted, continued or enforced as if this Act had not been passed: Provided that such proceeding or remedy shall, as far as may be, be instituted, continued or enforced in accordance with the procedure specified by or under this Act.' '] (2) It shall come into force at once. (3) It shall extend to the whole of the State of Punjab. I[Principal Territories in Haryana] 2[(4)Save as elsewhere expressly provided in this Act nothing contained therein shall apply to co-operative garden colonies were registered before the coming into force of this Act.] Comments Object of the Act- (i) Provide a 'permissible area' of 30 standard acres to be a landowner/tenant. which he can retain for self-cultivation . ..• (ii) Provide security of tenure to tenants by reducing their liability to ejectment as specified in Section 9. (iii) Ascertain surplus areas and ensure re-settlement of ejected tenants on those areas. (iv) Fix maximum rent payable by tenants, and (v) Confer rights on tenants to pre-empt and purchase their tenancies in cel1ain circumstances." Gurbax Sillgh v. Stale of Punjab, AIR 1964 SC 502 ; see also Ajmer Singh v. Slale of Haryalla, 1990 PLJ 116 SC