Amendment status not verified — confirm the current text below against the official source.
J 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 145 LANDS surplus area and may for that purpose use such force as may be necessary.] *139FF, Save in the case of land acquired by the Certain trans State Government under any law for the time being in affect the sure force or by an heir by inheritance or up to 30th July, 1958, plus erea. by a landless person, or a small landowner, not being a relation as prescribed of the person making the transfer or disposition of land, for consideration up to an area whichy with or without the area owned or held by him does not in the aggregate exceed the permissible limit, no transfer or other disposition of land affected after the 21st August, 1956, shall affect the right of the State Government under this Act to the surplus area to which it would be entitled, but for such transfer or disposition : Provided that any person who has received any ad- vantage under such transfer or disposition of land shall be! bound to restore it, or to make compensation for it, to the person from whom he received it-] 32-G. (1) Where any land is acquired under section principles for 39-E, there shall be paid compensation which shall be payment _ of determined by the Collector or any other officer in the compensation. manner and in accordance with the principles hereinafter set out, that is to say— (a) in respect of land other than banjar land— (i) for the first twenty-five standard acres of land, twelve times the fair rent; and New section 32-FF inserted by Punjab Act No. 3 of 1959, section 8. *Section 13 of Punjab Act No. 16 of 1962, reads as follows :— «13. Validation. Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, where the surplus area in respect of the land owned by a Hindu undivided family referred to in clause (a) of section 32-KK of the principal Act, has been determined under that Act at any time before the commencement of this Act by any authority competent to determine such area, whether by ignoring the partition of any such land under section 32-FF or otherwise, such determination shall be valid and shall be deemed always tp have been valid and shall not be questioned on the ground that the descendants of the landowner consti- tuting with him the Hindu undivided family were land- owners in their own right in respect of their shares in such land or on the ground that the partition had been ignored.” | 146 TENANCY AND AGRICULTURAL [1955 : Pepsu Act i3 LANDS | (ii) for the next twenty-five standard acres of land, nine times the fair rent; and (ii) for the remaining land, ninety times the land revenue (including rates and cesses) payable for such land or two hundred rupees per acre; whichever is less : Provided that the compensation under this clause shall in no case be less than ninety times the land revenue (including rates and cesses) payable for the land or two hun- dred rupees per acre, whichever is less ; [Provided further that where the land exceeds fifty standard acres, it shall, for the pur- poses of computing compensation under this clause, be allocated to sub-clauses (i), (#) and (iii) in such manner as may be prescribed. } (b) in respect of bana land, forty-five times the land revenue payable in respect of an equal area of any barani land in the village concerned or where there is no such land in the village, in the nearest village, which is assessed to land revenue at the lowest rate, or at the rate of one hundred rupees per acre, whichever is less. Explanation. —In this sub-section ‘fair rent’ means fair rent as determined by the Pepsu Land Commission appointed under section 32-P. (2) The Collector or the officer authorised by the State Government shall prepare a compensation state- ment in the form and manner prescribed and shall give notice to all persons known to have any interest in the land for which compensation is to be paid, to appear personally or by duly authorised agent before him at a time and place therein mentioned (such time not being earlier than fifteen days after the date of service of the notice) and to state the nature of their respective interests 1Added by Punjab Act 27 of 1962, section 4. I EEE 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 147 LANDS in the land and the amount and particulars of their claims to compensation for such interests. Thereafter, the amount of compensation shall be apportioned among the persons having interest in the land. [(2A) Where in the surplus area of any person mort- gagee rights have vested in the State Government, the L | compensation payable to the mortgagee shall be the mort- gage money due to the mortgagee, or the compensation payable under this Act, whichever is less.] (3) In apportioning compensation between a land- owner and a tenant not more than twenty times the land revenue shall be awarded to the tenant. 2[(4) Where on the land there is any building, structure, tubewell ar crop, the owner thereof shall in addition to the compensation payable in respect of the land, be entitled to be paid by the State Government compen- sation therefor which shall be equivalent to three-fourth of the market value of such building, structure, tubewell or crop, as the case may be, and which shall be deter- mined,— (a) in the case of crop, by the Collector; and (b) in other cases, by the Pepsu Land Commission or, in respect of the surplus area declared under sub-section (12) of section 32K by the Board referred to in sub-section (6) of that section: Provided that an option in writing may be given by the Collector to the owner to remove such building, structure, tubewell or crop within the & period prescribed, and if such building, strue- ture, tubewell or crop, as the case may be, is removed by the owner within the period pres- cribed or within such further period as the Collector may extend for the purpose no com- pensation shall be paid to the owner in respect thereof : New sub-section (2A) inserted by Punjab Act 16 of 1962, section 6. 2Substituted by Punjab Act 27 of 1962, section 4. 148 TENANCY AND AGRICULTURAL [1955 : Pepsu Act 13 LANDS Provided further that the cost incurred in raising the crop shall be the market value of the crop.l Pe tion, of 82-H. (1) The compensation payable by the State Government shall be given in cash or in bonds or partly in cash and partly in bonds, as may be prescribed. (2) Compensation in respect of land other than banjor » land shall, in the first instance, be paid at the rate of ninety times the land revenue (including rates and cesses) pay- able for such land or two hundred rupees per acre, which. ever is less, and the balance, if any, shall be payable after the fair rent has been determined in accordance with the provisions of this Act. Disposal of sur= 32.J. (1) The surplus area acquired under section 32-E shall be at the disposal of the State Government. (2) The State Government may, by notification in the Official Gazette, frame a scheme for utilising the surplus area by allotment to tenants willing to cultivate land per- sonally or to landowners or tenants owning or holding land not exceeding five standard acres in order to make their holdings equal to five standard acres, and to landless agricultural workers or for the development of co-opera- tive farms or seeds farms or efficient management of land. (3) Any scheme framed by the State Government under sub-section (2) may provide for the terms and conditions on which the lands in the surplug area are to be allotted, provided the following priorities in the method of selecting tenants and fixing the area of land to be allotted shall form part of the scheme, namely— (a) tenants who are liable to ejectment and en- titled to allotment of alternative land under section 7-A *lincluding tenants of landowner who are members of the Armed Forces of the Unionl; and (b) landowners or tenants owning or holding land not exceeding five standard acres in order to Inserted by Punjab Act 29 of 1069, section 8. RE EEE 1955 : Pepsu Act 13] TENANCY AND AGRICULTURAL 149 LANDS make their holdings equal to five standard acres, and landless agricultural workers. (4) The terms and conditions, on which the lands, in the surplus area are to be allotted, shall include payment of the prescribed amount for the land in a lump sum or in annual instalments spread over twenty years: Explanation.—The said amount shall be prescribed by the State Government having regard to the condition that the aggregate amount payable to the State Government by the persons to whom land is allotted under the scheme shall not exceed the aggregate amount of compensation payable by the State Government for surplus area which is acquired. (5) The State Government may, by notification in the Official Gazette, add to, amend, vary or revoke any scheme made under this section.