Amendment status not verified — confirm the current text below against the official source.
Reservation of land.- (1) Any reservation before the commencement of this Act, shall cease to have effect and subject to the provisions of Sections 3 and 4 any landowner who owns land in excess of the permissible area may reserve out of the entire land held by him in the State of Punjab as landowner, any parcel or parcels not exceeding the permissible area intimating his selection in the prescribed form and manner to the patwari of the estate in which the land reserved is situate or to such other authority may be prescribed. Providing that in making this reservation he shall include his area owned in the following order - (a) area held in a Co-operative Garden Colony, (b) area under self-cultivation at the commencement of this Act other than the reserved area, (c) reserved area excluding the area under a jhundimar tenant or a tenant who has been in continuous occupation for 20 years or more immediately before such reservation. (d) area or share in a Co-operative Farming Society, The Punjab Security of Land Tenuf~sAct, 1953 (e) any other area owned by him, (f) area under a jhundimar tenant. (2) Where in respect of any land more than one person can be classed as landowners, as in the case of persons one of whom is a landowner in principal and the other in derivative capacity, the aforesaid right of reservation shall be exercised by the landowner who receives or is entitled to receive rent directly from the tenant in actual in actual cultivation of the land. (3) A landowner shall be entitled to intimate a reservation within six months from the date of commencement of this Act, and no reservation so intimated shall be varied subsequently whether by act of parties or by operation of law, save with the consent in writing of the tenant affected by such varification or until such time as the right to eject such tenant otherwise accrues under the provisions of this Act. 1[(4) [***] (5) [***]] 2[5_A. Declaration supported by affidavits to be furnished by certain landowners and tenants.- Every landowner or tenant, who owns or holds land in excess of the permissible area and where land is situated in more than one Patwar circle, shall furnish, within a period of six months from the commencenlfnt of the Punjab Security of Land Tenures (Amendment) Act. 1957, a declaration supported by an affidavit in respect of the lands owned or held by him in such form and manner and to such authority as may be prescribed. 5-B. Selection of permissible area and consequences of failure to select.- (1) A landowner who has not exercised his right of reservation under this Act, may select his permissible area and intimate the selection to the prescribed authority within the period specified in Section 5-A and in such form and manner as may be prescribed: Provided that a landowner who is required to furnish a declaration under Section 5-A shall intimate his selection along with that declaration. (2) If a landowner fails to select his permissible area in accordance with the provisions of sub-section (1), the prescribed authority may subject to the provisions of Section 5-C, select the parcel or tile parcels of land which such person is entitled to retain under the provisions of this Act: Provided that the prescribed authority shall not make the selection without giving the landowner concerned an opportunity of being heard. Comments The main purpose of the Act seems to be to (i) provide a 'pemlissible area' of30 standard acres to 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 S. 9; (iii) ascertain surplus area and ensure resettlement of ejected tenants I Sub-clauses (4) and (5) omitted by Punjab Act No. 57 of 1953 2 Sections 5A, 5B and 5C inserted by Punjab Act No. 46 of J 957, section 3. on those areas; (iv) fix maximum rent payable by tenants; and (v) confer rights on tenants to pre-empt and purchase their tenancies in certain circumstances. Gurbax Singh v. State of Punjab, AIR 1967 SC 502. 1[S-C. Penalty for failure to furnis-h declaration.-( 1) If a landowner or tenant fails to furnish the declaration supported by an affidavit as required by Section 5-A, the prescribed authority not below the rank of Collector may. by order direct that the whole or part of the land of such landowner or tenant in excess of ten standard acres to be specified by such authority shall be deemed to be the surplus area of such landowner or tenant and shall be utili sed the State Government for the purpose"mentioned in Section 10-A. Provided that no such order shall be made without giving the landowner or tenant concerned an opportunity of being heard. (2) Where a landowner or tenant who is required to furnish a declaration under Section 5-A fails so to do, the prescribed authority may in respect of him obtain the information required to be shown in the declaration through such agency as it may deem fit]. 2[6. Certain previous transfers of land not to affect rights of tenants.- No transfer of land, except a bona fide sale or mortgage with possessIOn or a transfer resulting from'inheritance made after the 15th August 1947 and before the 2nd, Eebrurry, 1995, shall affect the rights of the tenant on such land under this Act.