- [(1) Subjects to the provisions of section 5, no person shall own or hold land as landowner or mortgagee with possession or tenant or partly in one capacity and partly in another in excess of the permissible area] [Substituted by Punjab Act 40 of 1973 , Section 3.].(2)'Permissible area' shall mean in respect of -(a)land under assured irrigation and capable of yielding at least two crops in a year (hereinafter in this Act referred to as 'the first quality land)', seven hectares; or(b)land under assured irrigation for only one crop in a yea, eleven hectates; or(c)barani land, 20.5 hectares; or(d)land of other classes including banjar land, an area to be determined according to the prescribed scale with reference to the intensity of irrigation, productivity and soil classification of such classes having regard to the respective valuation and the permissible area of the classes of land mentioned at (a), (b) and (c), above [subject to the condition that the area so determined shall not exceed 21.8 hectares:] [Added by ibid.]Provided that -(i)where land consists of two or more classes, the permissible area shall be determined on the basis of relative valuation of such classes of land, subject to the condition that it does not exceed 21.8 hectares;(ii)where the number of members of a family exceeds five, the permissible area shall be increased by one-fifth of the permissible area for each member in excess of five, subject to the condition that additional land shall be allowed for not more than three such members.(3)Notwithstanding anything contained in sub-section (2), where any land is comprised in an orchard [on the appointed days] [Subsiuted by Punjab Act 40 of 1973, Section 3.], such land shall, for the purpose of determining the permissible area, be treated as barani land.(4)[ (a) Where a person is a member of a registered co-operative farming society, his share in the land held by such society together with his other land, if any, or if such person is a member of a family, together with the land held by every member of the family shall be taken into account for determining the permissible area;(b)Where a person is a member of a family, the land held by such person together with the land held by every other member of the family, whether individually or jointly, shall be taken into account for determining the permissible area].(5)In determining of the permissible area, any land which was transferred by sale, gift or otherwise, other than a bona fide sale or transfer, after the appointed day but before the commencement of this Act, shall be taken into account as if such land had not been transferred and the onus of proving the transfer as bona fide shall be on the transferor.(6)For the purpose of valuation of land one and quarter hectares of banjar shall be treated as equivalent in value to one hectare of barani land.(7)For evaluating the land of any person at any time under this Act, the land owned by him immediately before the commencement of this Act as well as the land acquired by him after such commencement by inheritance, bequest or gift from a person to whom he is an heir shall be evaluated as if the evaluation was being made on the appointed day and the land acquired by him after such commencement in any other manner shall be evaluated as if the evaluation was being made on the date of such acquisition.
