Section 10 in The Punjab Security of Land Tenures Act, 1953
10. Restoration of tenant ejected after the 15th of August, 1947.
(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 his 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 commencement 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 acccount any other tenacy or land which the ejected tenant holds at the time of his application for restoration.(2)On receipt of an application the Assistant Collector shall, after giving to the parties notice in writing and a reasonable opportunity to be heard, determine the dispute summarily, and shall keep a memorandum of evidence and a gist of his final order with brief reasons therefor.(3)When an application has been made, any proceedings in relation to the same matter pending in any other court or before any other authority shall be stayed on receipt of information by that court or authority from such Assistant Collector of the fact of having received the application, and all such proceedings in a court or before any authority shall lapse when the dispute has been determined by the Assistant Collector acting under this Act.(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 teancy 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.[10A. Surplus area for resettlement of ejectedly tenants. - (a) The State Government or any officer empowered by it in this behalf, shall be competent to utilize any surplus area for the resettlement of tenants 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 a surplus area at the commencement of this Act, shall affect the utilization thereof in clause (a).Explanation. - Such utilization of any surplus area will not affect the right of the land-owner to receive rent from the tenant so settled.] [Section 10-A added by Punjab Act 11 of 1955 and shall always be deemed to have been inserted with effect from the 15th April , 1953 - vide section 10 of Punjab Act No. 14 of 1962.](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.] [Clause (c) added with effect from the 15th April, 1953, by Punjab Act No. 14 of 1962, section 1(2) and 10.][10B. Saving by inheritance not to apply after utilization of surplus area. - Where succession has opened after the surplus area or any part thereof has been utilized 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 utilized.] [Section 10-B inserted with effect from the 15th April, 1953, by Punjab Act 14 of 1962, sections 5 and 1(2).]
