Punjab Security of Land Tenures Rules, 1953

The Punjab Security of Land Tenures Rules, 1953

Published vide Punjab Government Notification No. G.S.R. 56/P.A. 10/53/S. 2762, dated 20th February, 1962.

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1. Short title.- These rules may be called "The Security of Land Tenures Rules, 1953."

(2) They shall come into force at once.

2. Conversion of ordinary acres into standard acres.- The equivalent, in standard acres, of one ordinary acre of any class of land in any assessment circle, shall be determined by dividing by 16, the valuation shown in Annexure 'A' to these rules for such class of land in the said assessment circle :

[Provided that the valuation shall be -

(a) in the case of Banjar Qadim land, one-half of the value of the class previously described in the records and in the absence of any specific class being stated, one-half of the value of the lowest barani land;

(b) in the case of Banjar Jadid land, seven-eighth of the value of the relevant class of land as previously entered in the records, or in the absence of specified class in the records, of the lowest barani land; and

(c) in the case of cultivated thur land subject to water- logging, one-eighth of the value of the class of land shown in the records or in the absence of any class, of the lowest barani land.]

3. Intimation for reservation.- A land-owner having land in excess of the permissible area and intending to make a reservation in pursuance of the provisions of sections 3, 4 or sub-section (1) of Section 5 of the Act shall notify, in duplicate, his reservation to the Patwari of the Estate in which the land is situated in the form in Annexure 'B' to these rules.
4. The application may be delivered personally to the Patwari, who shall grant a receipt therefor or may be sent to the said Patwariby registered post, acknowledgement due.
5. The reservation by the land-owner shall be deemed to have been effected as soon as the application is received by the Patwari, subject to the verification of all details as hereinafter provided.
6. Procedure for dealing with reservation forms.- The Patwari shall after verifying all the particulars given in the forms, retain one copy and forward the other copy to the Tahsildar with his report as to the correctness of the particulars. referred to. The Tahsildar shall retain such copy received by him and forward a copy only of the report made by the Patwari, with his own remarks, if any, to the Revenue Assistant/Sub-Divisional Officer concerned of the District/Sub-Division, for his information and such further action as may be considered by him necessary in the circumstances of each case.
7. A Qabuliyat or a Patta by a tenant.- A Qabuliyat or a Patta required to be executed under section [9(1)(vii)], of the Act shall be in the form in Annexure 'C' to these rules.
8. Application for restoration of possession.- An application for restoration of tenancy, under [***]section 10(1) of the Act shall be made to, and disposed of by, the Assistant Collector of the first grade concerned after notice to the land-owner and such enquiry as he may deemed necessary.
9. Mode of determination of 1/3rd share of crop or value thereof.- (a) For the purposes of determination of the 1/3rd share of crop or the value thereof, "crop" means only that part of the produce of the land and harvest concerned which was the subject to division between the landlord and the tenant before the commencement of the Act (X of 1953).

Explanation. - Any part of the produce which before the commencement of the Act, was not divided between the landlord and tenant, shall continue to be so and shall not be included in the term "crop".

(b) For the purposes of determination of the value of the "crop" as defined in sub-rule (a), the quality, quantity and the prevailing prices shall be taken into account.

10. Receipt for rent received by the land-owner.- A receipt to be given by a land-owner, under section 14(1) of the Act for the rent received by him or on his behalf shall be in the form in Annexure 'D' appended to these rules.
11. Procedure generally.- The procedure of Revenue Officers in matters under the Punjab Security of Land Tenures Act, 1953, and these rules for which a procedure is not prescribed thereby, shall be regulated as far as may be, by the procedure prescribed for Revenue Officers, by the provisions of the Punjab Tenancy Act, 1887, and the rules thereunder.

[12. Conditions for Co-operative Farming Societies. - For the purposes of clause (ii) of sub-section (4) of section 1 of the Act, a co-operative farming society shall fulfil the conditions of a registered society governed by bye-laws for a co-operative Better Farming Society, Limited, and the rules made under the Co-operative Societies Act, 1912.].

[Annexure 'A']

Valuation Statement for Hissar District

(Figures represent value in annas per acre)

Note. - (1) Valuation fixed for Amrain Bagar assessment circle in Bhiwani Tehsil should be applied to Loharu State, a part of Bhiwani Tehsil.

[(2) Tal area in Bagar tract shall be evaluated -]

(i) In Hissar Tahsil at annas 3; and

(ii) In Sirsa and Fatehbad Tehsils at anna 5.

Valuation Statement for Rohtak District

(Figures represent value in annas per acre)

Note. - In Rohtak Tehsil 'Rest' includes Rajput and Barani Circles.

Valuation Statement for Gurgaon District

(Figures represent value in annas per acre)

 

Valuation Statement for Karnal District

(Figures represent value in annas per acre)

Valuation Statement for Ambala District

(Figures represent value in annas per acre)

 

Valuation Statement for Simla District

(Figures represent value in annas in per acre)

 

Valuation Statement for Kangra District

(Figures represent value in annas in per acre)

 

Notes. - (1) Pehand Banjar in Kangra District except Hamirpur Tahsil should be evaluated like other Barani land in the village and in Hamirpur Tahsil it may be reckoned with Ekfasli.

(2) Kherater class of land in Kangra District should be considered as Banjar Qadim.

Valuation Statement for Hoshiarpur District

(Figures represent value in annas per acre)

 

Valuation Statement for Jullundur District

(Figures represent value in annas per acre)

Notes.- (1) Barani should be reckoned with Barani II.

(2) Sailab in Phillaur Tehsil should be reckoned with Baran II.

Valuation Statement for Ludhiana District

(Figures represent value in annas per acre)

 

Notes :- (1) Chahi Nehri Niai and Chahi Nehri Khalis should be evaluated at annas 17.

(2) Chahi should be reckoned with Chahi Khalis.

[(3) Nehri Khalis land in Samrala Tahsil shall be evaluated at the rate fixed for such land in Ludhiana Tahsil.]

[(4) Khalis Chahi Nehri land in Ludhiana and Samrala Tahsil shall be evaluated at seventeen and fifteen annas, respectively.]

Valuation Statement for Ferozepur District

(Figures represent value in annas per acre)

 

Note. - (1) In Fazilka Tahsil Nehri Shahi, i.e., Jhalari Sirhind should be evaluated at annas 16.

(2) Nehri Zilla includes Nehri Non-perennial.

(3) Jhalari in Mamdot Jagir should be reckoned with Sailab.

Valuation Statement for Amritsar District

(Figures represent value in annas per acre)

Valuation Statement for Gurdaspur District

(Figures represent value in annas per acre)

 

 

 

Note. - If Barani in Bet Ravi Circle as shown separately, the values for specified Barani I and II should be applied.

[Valuation statement for Lahaul and Spiti District

(Figures represent value in annas per acre)]

Class of land

Annexure 'B'

[Rule 3 of the Punjab Security of Land Tenures Rules, 1953 and Section 3/4/5(I) of the Punjab Security of Land Tenures Act, 1953]

To

The Collector_______________ District (through the Patwari of the estate__________.

Sir

As required by Section 3/4/5(1) of the Punjab Security of Land Tenures Act, 1953, I furnish below the particulars of the land held by me as landowner in the State of Punjab and selected by me for reservation :-

 

 

Certificate

I solemnly affirm that the particulars given by me in the above form are correct.

Annexure 'C'

[Rule 7 of the Punjab Security of Land Tenures Rules, 1953 and Section 9(2)(vi) of the Punjab Security of Land Tenures Act, 1953]

Qabuliyat or Patta

I, ----------------------------------, son of ------------------------------------, of village --------------------, Tehsil -----------------, district --------------------, hereby take for cultivation land owned by ---------------------, son of -----------------, comprising khasra Nos. -----------------, measuring -------------------, acres ----------------, kanals -----------------, marlas in village ----------------, tehsil ---------------, district --------------, at a rent of --------------------- (not exceeding 1/3rd of the crop of such land or the value thereof as determined in the prescribed manner or equal to the customary rent if such customary rent is less than 1/3rd of the crop of such land) per harvest/per agricultural year.

and promise to pay it regularly in time.

I give an undertaking that I shall not -

(i) fail, without sufficient cause, to cultivate the land comprised in my tenancy, in the manner or to the extent customary in the locality in which the land is situate;

(ii) use the land comprised in my tenancy in a manner which may render it unfit for the purpose for which I hold it; and

(iii) sublet the tenancy or a part thereof.

Witnesses :

1. -----------------.

Signature -----------------

-----------------.

Dated the ---------------19 .

Son of -----------------.

2. -----------------

Village -----------------

-----------------.

Dated the --------- 19 .

Tehsil -----------------

District -----------------

Dated the ---------19 .

Note :- This qabuliyat or patta should be executed by the tenants in duplicate, who will give one copy to the land-owner concerned and retain the other.

Annexure 'D'

[Rule 10 of the Punjab Security of Land Tenures Rules, 1953 and Section 14(1) of the Punjab Security of Land Tenures Act, 1953]

Received rent in Cash (Rs.)/Kinds (a) ----------------------------- (in words) Rupees -------------, annas ------------, pies -----------), for Kharif(b)/Rabi (a)-------------, from -------------, son of ----------------, of village -----------, tehsil ------------, district ---------------, in respect of land in my ownership in the ownership of ---------------------------- son of -----------, of village -------------, tehsil --------------, district -----------------, comprising khasra No./mentioned in qabuliyat/patta --------------- Area Acres -------------, Kanals -------------- Marlas ----------- held under tenancy.

Dated the --------------

Signature --------------------------

son of ------------------------------

Land-owner/on behalf of -------

Village -----------------------------

Tehsil ------------------------------

District ----------------------------

Dated the -------------------------

(a) Give names of commodities received and their weight in maunds and seers.

(b) Enter year here.