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[Cites 0, Cited by 26] [Entire Act]

State of Punjab - Section

Section 2 in The Punjab Security of Land Tenures Act, 1953

2. Definitions.

- In this Act, unless the context otherwise requires :-
(1)"Landowner" means a person defined as such in the Punjab Land Revenue Act, 1887 (Act XVII of 1887), and shall include an "allottee" and "lessee" as defined in clauses (b) and (c), respectively, of section 2 of the East Punjab Displaced Persons (Land Resettlement) Act, 1949 (Act XXXVI of 1949), hereinafter referred to as the "Resettlement Act."Explanation - In respect of land mortgaged with possession, the mortgagee shall be deemed to be the landowner.
(2)"Small landowner" means a landowner whose entire land in the State of Punjab does not exceed the "permissible area".Explanation - In computing the area held by any particular landowner, the entire land owned by him in the State of Punjab, as entered in the record of rights, shall be taken into account, and if he is joint owner only his share shall be taken into account.
(3)[ "Permissible area" in relation to a landowner or a tenant means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres, such sixty acres : [Substituted by Punjab Act 11 of 1955.]Provided that :-
(i)no area under an orchard at the commencement of this Act, shall be taken into account in computing the permissible area ;
(ii)for a displaced person :-
(a)who has been allotted land in excess of fifty standard acres; the permissible area shall be fifty standard acres or one hundred ordinary acres, as the case may be;
(b)who has been allotted land in excess of thirty standard acres, but less than fifty standard acres, the permissible area shall be equal to his allotted area;
(c)who has been allotted land less than thirty standard acres, the permissible area shall be thirty standard acres, including any other land or part thereof, if any, that he owns in addition.]
[Explanation :- For the purpose of determining the permissible area of a displaced person, the provisions of proviso (ii) shall not apply to the heirs and successors of the displaced person to whom land is allotted.] [Added by Punjab Act 14 of 1962.]
(4)"Reserved area" means the area lawfully reserved under the Punjab Tenants (Security of Tenures) Act, 1950 (Act XXII of 1950), as amended by President's Act of 1951, hereinafter referred to as the "1950 Act" or under this Act.
(5)"Standard acre" means a measure of area convertible into ordinary acres or any class of land according to the prescribed scale with reference to the quantity of yield and quality of soil.[(5-a) "Surplus area" means the area other than the reserved area, and where no area has been reserved, the area in excess of the permissible area selected [under section 5-B or the area which is deemed to be surplus area under sub-section (1) of Section 5-C] [Clause (5-a) added by Punjab Act 11 of 1955.], [and includes the area in excess of the permissible area selected under section 19-B] [Inserted by Punjab Act No. 14 of 1962 and shall be deemed to have come into force on the 30th July, 1958, - vide section 1(2) of Act ibid. Clause (5-a) shall be deemed to have been inserted with effect from the 15th April, 1958, vide section 10 of Act ibid.]; but it will not include a tenant's permissible area :Provided that it will include the reserved area, or part thereof, where such area or part has not been brought under self-cultivation within six months of reserving the same or getting possession thereof after ejecting a tenant from it, whichever is later, or if the landowner admits a new tenant, within three years of the expiry of the said six months.]
(6)"Tenant" has the meaning assigned to it in the Punjab Tenancy Act, 1887 (Act XVI of 1887) and includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, as defined in section 2 of the Resettlement Act.
(7)"Year" means an agricultural year as defined in section 4 of the Punjab Tenancy Act, 1887 (Act XVI of 1887).
(8)"Land" and all other terms used, but not defined in this Act, shall have the same meaning as are assigned to them in the Punjab Tenancy Act, 1887 (Act XVI of 1887).[(8-A) "Non-Resident Indian" means a person of Indian origin who is either permantently or temporarily settled outside India, in either case :- [Inserted vide Punjab Act No 6 of 1998.]
(a)for or on taking up employment outside India; or
(b)for carrying on a business or vocation outside India; or
(c)for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period".]
(9)[ "Self-cultivation" means cultivation by a landowner either personally or through his wife or children, or through such of his relations as may be prescribed or under his supervision.] [Substituted by Punjab Act 11 of 1955.]
(10)"Prescribed" means prescribed by rules made under this Act.
(11)"Displaced person" has the meaning assigned to it in the East Punjab Displaced Persons (Land Settlement) Act, 1949 (Act XXXVI of 1949).