Amendment status not verified — confirm the current text below against the official source.
- (1) Where a tenant has been ejected from any land in excess of the permissible area on grounds other than those mentioned in Section 9, before the commencement of this Act, and after the 15th August, 1947 and such land is under self-cultivation, such tenant shall subject to the provisions of this Act be entitled to be restored to his tenancy in the manner prescribed on the same terms and conditions on which it was held by him at the time of this ejectment, on. an application made to an Assistant Collector of the First Grade having jurisdiction, within one year from the date of intimation of reservation after the commencement of this Act, or, if no such reservation is made within the period specified in sub-section (3) of Section 5, two years from the date of ;ommencement of this Act: Provided that if more tenants than one have been ejected'from the same tenancy, the right of application for restoration shall be exercisable in serial order of priority commencing from the tenant first ejected and to the extent in each case of the permissible area, after taking into account any other tenancy, or land which the ejected tenant holds at the time of his application for restoration. On receipt of an application the Assistant Collector shall, after giving to the ies notice in writing and a reasonable opportunity to be heard, determine the ute summarily and shall keep a memorandum of evidence and a gist of his order with brief reasons therefor. 'hen an application has been made, any proceedings in relation to the same r pending in any other court or before any other authority shall be stayed on t of information by that court or authority from such Assistant Collector of :t of having received the application and all such proceedings in a court or any authority shall lapse when the dispute has been determined by the nt Collector acting under this Act. sla.2111=1111111111 11r-- 10 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 Section---10A (4) A landowner or any other person in actual possession of land at the time of restoration shall be entitled to such compensation as may be determined by the Assistant Collector, from the tenant intended to be restored, for any loss suffered in consideration of anything done prior to the date of his first receiving information of the application; Provided that no ejected tenant shall be restored to his tenancy as provided hereinbefore unless he has paid compensation as determined by the Assistant Collector ,to the landowner or other person, if any, as the case may be. 10-A. SURPLUS AREA FOR RESETTLEMENT OF EJECTED TENANTS. - (a) The State Government or any officer empowered by it in this behalf, shall be competent to utilise any surplus area for the resettlement of tenant ejected, or to be ejected, under clause (i) of sub-section (1) of Section 9. (b) Notwithstanding anything contained in any other law for the time being in force and save in the case of land acquired by the State Government under any law for the time being in force or by an heir by inheritance no transfer or other disposition of land which 'is comprised In surplus area, at the commencement of this Act, shall affect the utilization thereof in clause (a). Explanation - Such utilisation of any surplus area will not effect the right of the landowner to receive rent from the tenant so settled. (c) For the purposes of determining the surplus area of any person under this section any judgment, decree, or order of a court or other authority, obtained after the commencement of this Act and having the effect of diminishing the area of such person which could have been declared as his surplus area shall be ignored. Case Law Sections 10-A, 10-B, 5-B, 5-C, 8 and 12—Surplus area—Tenants. permissible area—Collector, while deciding the case of big landowner, stated, out of 133 .standard acres 2 units, 126 standard acres 17 units were under the cultivation of old tenants—Therefore no. surplus area—Original land owher died without . exercising his vested right of selecting his permissible area—In alternative, such an exercise is not done by the concerned authorities themselves—Resultantly, area commuted in the hands of heirs of land owner and in as much as heirs were not the big land owner, having less than 30 Standard Acres of land— No order declaring a landowner's area to be tenants permissible area can be passed— Appeal dismissed; Antu and others v. Naresh Saran and others; 2001(2) Land L.R. (Pb. & Hry.) (DB) 475 Sections 10-A, 10-B and 12(3)—Surplus area—Release of—Land declared surplus and vested in the state w.e.f. 23.12.1972— Original owner died in 1973— Such land cannot be released on the ground of inheritance as owner has deemed to vested land in state-Death will have no effect.; Amar Singh v. State of Haryana : 2002(3) Land L.R (Pb.& Hry.) 487 THE PUNJAB SECURITY OF LAND TENURES ACT, 1953 11 Section---10B, 11, 12 and 13 10-B. SAVING BY INHERITANCE NOT TO APPLY AFTER UTILISATION OF SURPLUS AREA. - Where succession has opened after the surplus area or any part thereof has been utilised under clause (a) of Section 10-A, the saving specified in favour of an heir by inheritance, under clause (b) of that section shall not apply in respect of the area so utilised.