CHAPTER IV-B

CONSTITUTION OF LAND COMMISSION

32-P [1] That state Government shall establish a Commission to be called the Pepsu Land Commission Consisting of ---

[a] a chairman being a person who is or has been a Judge of the High Court.

[b] two members to be nominated by the State Government having special knowledge or practical experience of land or agricultural problems.

[2] The Chairman and members of Commission shall hold office for a term of three years.

[3] The Chairman and members shall be entitled to receive such remuneration for the performance of their duties under this section as may be prescribed.

[4] Subject to the provisions of this act and in accordance with any rules which may be made by the State Government in this behalf, it shall be the duty of the Commission to-

[a] determine fair rents for the purposes of section 32G;

[b] determine the market value of any building ,[ structure or tube-well] under sub section (4) of section 32-G;

[c] advice the State Government with regard to exemption of lands from the ceiling in accordance with thew provisions of section 32K.

[5] The advice given by the Pepsu Land Commission under clause (c) of sub-section (4) shall be binding on the State Government and notwithstanding anything in section 32D,no final statement shall ,in a case in which exemption is claimed under section 32K,be published unless such advice is included therein.

[6] in determining the fair rents ,the Pepsu Land Commission shall ,in accordance with such principles ,as may be prescribed, classify soils where necessary.

[7] The fair rent shall not exceed the value of one-fifth of the gross produce of land determined in accordance with such principles as may be prescribed.

[8] If there is a difference of opinion among the members of the Commission on any matter ,the opinion of the majority shall prevail ,and the decision or advice of the Commission shall be expressed in terms of the views of the majority.

[9] For the purposes of performing its duties ,the Pepsu Land Commission shall be empowered to make such enquiries, as may be necessary and in doing so shall have the powers of a civil court specified in section 41.

CHAPTER V

MISCELLANEOUS

[39] (1) Any person aggrieved by any decision or order of the [ prescribed authority or the Assistant Collector of the First Grade ] may ,within thirty days from the date of the decision or order excluding the time spent in obtaining the copies of such decision or order, prefer an appeal to the Collector in such from and manner as may be prescribed:

Provided that the Collector may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) Any person aggrieved by any decision or order of [ the Collector, (whether acting as prescribed authority or not)] , not being a decision or order made in an appeal under sub-section (1), may, within thirty days from the date of the decision or order excluding the time spent in obtaining the copies of such decision or order, prefer an appeal to the Commissioner in such from and manner as may be prescribed:

Provided that the Commissioner may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3) with respect to all matters dealt with under this act the Financial Commissioner shall have the same power to call for, examine and revise the proceedings of the prescribed authority or [ the Assistant Collector of the First Grade or the Collector] or the Commissioner as is provided in section 84 of the Punjab Tenancy act , 1887 ( Punjab Act XVI of 1887 ).

40. Clerical or arithmetical mistake in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority either or his own motion on an application received in this behalf from any of the parties

41. Any officer or authority holding an enquiry or hearing an appeal or a revision under this Act shall have the power of a civil Court under the code of Civil Procedure , 1908 ( Act V of 1908 ), relating to:-

(a) proof of facts by affidavits;

(b) enforcing attendance of any person and his examination on oath;

(d) issue of Commission;

and every such officer or authority shall be deemed to be a Civil Court within the meaning of section 480 and 482 of the code of Criminal Procedure , 1898 ( Act V of 1898 .

42. If, during the course of any proceedings under this Act , any person makes a declaration or a statement or furnishes any information which is false or which he knows or has reason to believe to be false or which he does not believe to be true, he shall be punishable with imprisonment which may extend to six months , or with fine which may extend to one thousand rupees, or with both.

43. (1) Any person who is in wrongful or authorised possession of any land-

(a) the transfer of which either by the act of parties or by the operation of the law is invalid under the provisions of this Act. or

(b} to the used and occupation of which he is not entitled under the provisions of this Act, may ,after summary enquiry , be ejected by the C0llector ,who may also impose on such person a penalty not exceeding five hundred rupees.

(2} the Collector may direct that the whole or any part of the penalty imposed under sub section (1) shall be paid to the person who has sustained any loss or damage by the wrongful or unauthorized possession of the land.

44. Every officer acting under or in pursuance of the part provisions of this act or any rules made there under shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code ( Act XLV of 1860)

45. In enquiries and proceeding under this Act, the Collector and any other shall have such powers and follow such procedure as may be prescribed.

46. Notwithstanding anything contained in the Court-fees Act,1870 ( VII of 1870 ) , every application , appeal or other proceeding under this Act shall bear a Court -fee stamp of such value as may be prescribed.

47. (1) No Civil Court shall have jurisdiction to settle ,decide for deal with any matter which is under this Act required to be settled , decided or dealt with by the Financial Commissioner, the Collector or the prescribed authority.

(2) No order of the Financial Commissioner , the Commissioner , the Collector, or the prescribed authority made under or in pursuance of this Act shall be called in question in any Court

48. (1) No suit, prosecution or other legal proceeding shall be against any person in respect of any thing which is in good faith done or intended to be done under or in pursuance of this Act or any rules made thereunder.

(2) No suite or other proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions contained in this Act or any rules made thereunder.

49. The amount of any Compensation or other sum payable under this Act and the amount of any penalty imposed under this Act may be recovered as an of land revenue.

50. The State Government may, by notification in the official Gazette, direct that the powers exercisable by it under this Act shall, in such circumstance and under such conditions, if , any, as may be specified in the notification, be exercisable also by an officer subordinate to the State Government.

51. [1] The provisions of this Act shall not apply to:-

(a) Lands owned by or vested in the State Government otherwise than under the provisions of this Act;

(b) Lands vested in the central Government which have not been transferred to an all either on permanent or quasi-permanent basis.

(d) Lands granted to any member of the armed Forces of the union for gallantry;

(e) Private lands leased by the Government;

(f) Lands belonging to or vested in a Panchayat or a local authority;

(g) l lands transferred by the State Government to co - operative societies formed by persons belonging to Scheduled Castes;

(h) Lands to which the [Pepsu Bhoodan Yagna Act, 1955 (25 of 1955), applies.

Explanation:- For the purposes of clause (c) , religious or charitable institution means-

(i) a temple.

(ii) a gurdwara,

(iii) any other religious place of a public nature,

(iv) as defined in clause (1) of section 3 of the Muslim Wakf Act, 1954 (Parliament Act 29 of 1954), or

(v) any other institution of public nature the object of which is relief to the poor, education, medical relief or the advancement of any other object of general public utility including religious teaching or worship.

Which the State Government may, by notification in the Official Gazette, specify.]

(2) The provisions of section 7, section 7A and chapter IV shall not apply to lands leased out by the Punjab State Co-Operative Land Mortgage Bank Limited established under the Punjab Co-operative Land Mortgage Banks Act, 1957].

[51-A. Notwithstanding anything contained in this Act, where any land is granted for gallantry at any time before the 26^th day of January, 1950, to any member of the armed forces, whether maintained by the Central Government or by any Indian State, then, so long as such land or any portion thereof, as the case may be, has not passed from the original grantee into more than three successive hands by inheritance or bequest, and is held by the grantee or any of such hands, such land or portion, as the case may be, shall not be taken into account in computing ;the surplus area under this Act, nor shall any tenant of such land or portion have the right to purchase it under section 22.

Provided that where such land or portion has passed into more than three such hands and the person holding such land or portion, immediately before the 3^rd of August, 1967, is a person to whom it has passed by inheritance or bequest, the exemption under this section shall apply to ;such land or portion thereof, as the case may be, during the life time of such person.

52. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the appointment and powers of prescribed authorities sand the areas within which they may exercise their jurisdiction;

(b) the form in which and the period within which any application may be made under this Act.

(d) The form and manner in which a receipt for payment of rent may be given.

(e) The form of any statement to be furnished under this Act and the particulars to be included therein;

(f) The manner in which land for personal cultivation may be reserved under this Act;

(g) The in which any compensation may be paid under this Act.

(h) The manner of service of any order or notice under this Act;

(i) The form in which any certificate may be issued under this Act.

(j) The powers of the Collector and other authorities and the procedure to be followed by them in the conduct of en,

(k) The fees to be paid in respect of any application or other proceeding under this Act.

(l) Any other matter which is to be or may be prescribed under this Act.

53. (1) The Patiala and East Punjab States Union Tenancy and Agricultural Lands Act, 1953 (President's Act 8 of 1953), and the PEPSU Agricultural Tenants (Temporary Protection and Disability) Act, 1954 (22 of 1954), are hereby repealed:

Provided that, notwithstanding the repeal of the President's Act 8 of 1953, anything done or any action taken in the exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done or action was taken.

(2) Any proceeding relating to the ejectment of a tenant on the ground of personal cultivation or the acquisition by a tenant of proprietary rights in the land comprising his tenancy, postponed by the PEPSU Agricultural Tenants (Temporary Protection and Disability) Act, 1954 (22 of 1954), shall [in so far as it is; not inconsistent with the provisions of this Act as amended by the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, be disposed of in accordance with such provisions.]

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