Section 32K in The Pepsu Tenancy and Agricultural Lands Act, 1955
32K. Exemptions from ceiling on land.
(1)The provisions of section 32-A shall not apply to -(i)orchards where they constitute reasonably compact areas;(ii)specialised farms engaged in cattle breeding, dairying or wool raising;(iii)sugarcane farms operated by sugar factories;(iv)efficiently managed farms which consist of compact blocks on which heavy investment or permanent structural improvements have been made and whose break-up is likely to lead to a fall in production;(v)lands belonging to registered co-operative societies formed for the purpose of co-operative farming, provided the land owned by an individual member of the society does not exceed the permissible limit; and(vi)where a landowner gives an undertaking in writing to the Collector that he shall, within a period of two years from the commencement of the Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, plant an orchard in any area of his land not exceeding ten standard acres, such area of land.(2)Where a landowner has, by an undertaking given to the Collector, retained any area of land with him for planting an orchard and fails to plaint the orchard within a period of two years referred to in clause (vi) of sub- section (1), the land so retained by him shall on the expiry of that period vest in the State Government under section 32-E and compensation therefor shall be payable in accordance with the provisions of this Chapter.(3)[ Notwithstanding anything contained in this Act, -(a)the exemption specified in clause (vi) of sub-section (1) shall not be allowed unless the orchard planted within the period specified therein is found to be an orchard also at the time of granting the exemption;(b)the exemptions specified in clauses (i), (ii), (iii), (iv) and (v) of sub-section (1) shall not be allowed unless the orchards constituting reasonably compact areas or the specialised farms engaged in cattle breeding, dairying or wool raising or the sugarcane farms operated by sugar factories or the efficiently managed farms or the land belonging to registered co-operative societies, as the case may be, are found to be so also at the time of granting the exemptions;(c)the exemption specified in clause (iv) of sub-section (1) shall not be allowed unless the efficiently managed farm satisfies the conditions hereinafter appearing in the succeeding sub-sections.(4)For determining whether a farm should be exempted under clause (iv) of sub-section (1), the Pepsu Land Commission shall award to the farm, in respect of the harvests of Rabi and Kharif for the year 1956, marks in the following manner -(a)the total number of marks shall be one thousand and the various features, including the features relating to yield of crops per standard acre, for which marks are to be awarded and the maximum marks to be awarded for each feature shall be such as may be prescribed;(b)the marks shall be awarded for each feature subject to the maximum marks prescribed for the feature;(c)in awarding marks for the feature relating to yield of crops, the Pepsu Land Commissioner shall apply such standard of yield of crops per standard acre as may be prescribed;(d)the award of marks shall be in relation to the yield of each prescribed crop in a particular harvest;(e)area under crops for which standard yields are not prescribed or areas on which prescribed crops are sown but such areas are less than five per centum of the total area of the farm, shall be ignored for the purposes of awarding marks;(f)for awarding marks to a farm for the feature relating to yield of crops, the average of the marks awarded for the yield of each prescribed crop shall be regarded as the marks awarded to that farm for the feature relating to yield of crops;(g)for awarding marks in respect of each harvest, the evaluation of land under each crop for converting into standard acres shall, notwithstanding anything to the contrary in section 32NN, be made in relation to the class of land in existence at the time of such harvest;(h)in awarding marks, the Pepsu Land Commission shall give due allowance for any loss in the yield of crops due to any natural calamity or circumstances beyond the control of the landowner;(i)where any area of the farm has not been brought under any crop on any ground, other than the normal rotation of crops or circumstances beyond the control of the person concerned, the Pepsu Land Commission may deduct from the total number of marks awarded to the farm such number of marks not exceeding one hundred as it may deem fit;(j)no farm which is awarded less than eighty per centum of the total number of marks prescribed in respect of all features shall be exempted under clause (iv) of sub-section (1).(5)Every person, to whom any exemption is granted under clause (iv) of sub- section (1), shall furnish from time to time to such authority and in such form and manner such periodical information relating to the produce of different crops, the programme regarding different agricultural operations such as use of improved seeds and fertilizers, adoption of plant protection measures like spraying and maintenance of standard of yield of crops as may be prescribed.(6)Every exemption of a farm under clause (iv) of sub-section (1) shall be liable to be reviewed by a Board consisting of the Commissioner of the Division concerned as Chairman and two other persons having special knowledge or practical experience of land or agricultural problems as members, to be appointed by the State Government by notification, who may be paid such allowances as may be prescribed.(7)The first review under sub-section (6) shall be made by the Board after the expiry of at least three years from the date on which exemption to a farm is granted and thereafter periodical reviews shall be made by the Board so that a period of not less than three years shall intervene between two consecutive reviews.(8)In reviewing the exemptions of efficiently managed farms, the Board shall take into account the periodical information furnished in respect of the farm under sub-section (5) and shall, as far as may be, be guided by the same provisions of this Act and the rules made thereunder as are applicable to the grant of the exemptions under this section and marks shall be awarded by the Board for all the harvests during the period between the grant of exemptions and the review or the period between two consecutive reviews, as the case may be.(9)If, during the course of any review, the Board finds that any area of land included in a farm exempted under clause (iv) of sub-section (1) is inherited by an heir of the landowner and such area of land, with the lands, if any, already owned by him, does not exceed in the aggregate the permissible limit, the Board shall advise the State Government that such area of land should be excluded from the farm exempted under clause (iv) of sub-section (1); and where such advice is to be tendered by the Board, the Board shall if such heir so desires, exclude such area of land for the purpose of reviewing the exemption relating to the farm from the date of inheritance.(10)The Board shall after each review advise the State Government whether the exemption of any farm should continue or should be withdrawn or whether any area of land included in the farm should be excluded therefrom under sub- section (9).(11)The advice tendered by the Board under sub-section (10) shall be binding on the State Government.(12)Where an exemption in respect of any farm is withdrawn by the State Government on the advice of the Board, -(a)if a landowner is alive, the whole of the area of such farm; and(b)if the landowner is dead, the whole of the area of such farm, except to the extent of the land which is inherited by the heirs of the landowner and which, with the lands, if any already owned by such heirs, does not exceed in the aggregate the permissible limit; shall be declared to be the surplus area :Provided that such declaration shall not be made without giving an opportunity of being heard to the landowner or the heirs, as the case may be.(13)In declaring the surplus area under this section, the provision of this Act shall, as far as may be, apply.(14)Any rules made under section 52 for giving effect to the provisions of this section may be made retrospectively from the 30th October, 1956.] [Added by Punjab Act 27 of 1962, section 5 and it shall be deemed to have come into force on the 30th day of October, 1956.]
