Section 6 in The Punjab Security of Land Tenures Rules, 1956
6. [ Assessment of surplus area, with landowners and tenants. [Substituted by Punjab Government notification No. 3223-L.R.-II-57/1624, dated the 22nd March, 1958.]
(1)Every patwari shall prepare, in duplicate, statements in Forms D and DD for every landowner and tenant, respectively, who owns or holds land in excess of the permissible area in his circle, and shall retain one copy of each such Form himself and forward the other to the circle kanungo.(2)The circle kanungo shall, after personal examination, test all entries made by the patwari in Form D or Form DD and forward it to the circle revenue officer.(3)The circle revenue officer, shall, after holding such enquiry as he thinks fit and after giving the persons concerned, an opportunity of being heard, forward his report to the Collector.(4)Where, in the case of a landowner, Forms A, C and E, and in the case of a tenant, Forms B and C, have been received by the Collector, from the Special Collector, under rule 4-C, the Collector shall, after holding such enquiry, as he thinks fit, return them to the Special Collector, along with Form D, in the case of a landowner and Form DD in the case of a tenant.(5)In the case of a landowner or tenant who has furnished his Form to the Special Collector, under rules 3 and 4, the Special Collector shall [after giving the landlord or tenant an opportunity of being heard and] after such enquiry as he thinks fit, assess his surplus area. In doing so, he shall hear any objections made by the landowner or tenant, and in a [ ] [Punjab Government Notification No. 690-A.R.I.(II)-59/642, dated the 11the February, 1959.] written order decide such objections. In case no objections are made or the person affected does not appear, the fact shall be stated in the order.(6)In the case of a landowner or tenant who has furnished his Forms of the Collector, under rules 3 and 4, the Collector shall [after giving the landlord or tenant an opportunity of being heard and] [Punjab Government Notification No. 690-A.R.I.(II)-59/642, dated the 11the February, 1959.] after such enquiry as he thinks fit, assess his surplus area. In doing so, he shall hear any objections made by the landowner or tenant, and in a [ ] [Punjab Government Notification No. 690-A.R.I.(II)-59/642, dated the 11the February, 1959.] written order decide such objections. In case no objections are made or the person affected does not appear, the fact shall be stated in the order.(7)(i)The Collector or the Special Collector shall prepare a statement in Form F and forward immediately a copy thereof to the landowner or tenant concerned under cover of an endorsement prescribed in the Form and it shall be served upon the landowner or tenant as if it were a summons in the manner prescribed in section 90 of the Punjab Tenancy Act, 1887.(ii)The Special Collector shall also forward a copy of Form F prepared by him to the Collector of every district in which the surplus area of the landowner or tenant is situate.(8)[ Any person aggrieved by a decision of the Collector or the Special Collector, may within [60 days] [Punjab Government Notification No. 2015-A.R.I.(II)-59/1841, dated the 30th April, 1959.] from the date of communication of the decision to such person, to be computed after excluding the time spent in obtaining a copy of such decision, appeal to -(a)the Commissioner of the Division where the person resides, in case the person resides in Ambala or Jullundur Division;(b)the Commissioner of the Division where the largest portion of the holding of the person is situate, in case the person resides outside Ambala and Jullundur Divisions;and the decision of the Commissioner which shall be duly communicated by the Commissioner to the Collector or Collectors concerned shall be final.].(9)The Collector or the Special Collector or the Commissioner shall not while deciding any case under this rule, entertain any claim from a landowner for the exemption of any area on any of the grounds set forth in sub-rule (1) of rule 10.]
