Act of 1950
An Act to provide for the security of tenure to tenants.1 1. Extended to the Union Territory of Delhi vide Notification No. SRO 582 dated the 21st April, 1951.
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(1) This Act may be called the Punjab Tenants (Security of Tenure) Act, 1950.
(2) It shall come into force at once.
(3) It shall apply to the entire land held in Delhi by a landowner, except—
In this Act, unless there is anything repugnant to the subject or context,—
Explanation.-- For the purpose of ascertaining the permissible limit, ft is immaterial whether land is entered in the record of rights in the name of a landowner as an individual or as a shareholder in a joint holding, so long as the area which he is entitled to hold can be ascertained on the basis of the record aforesaid.
(1) Any landowner who has land in excess of the permissible limit may select for self-cultivation, out of his entire land in the State of Delhi held by him as landowner, any parcel or parcels not exceeding, in aggregate area, the permissible limit and reserve it by intimating his selection in the prescribed form and manner to the patwari of the estate in which the land reserved is situate or to such other authority as may be prescribed:
Provided that in making this selection, he shall include to the extent of the permissible limit, whatever self-cultivated land he has in his possession.
(2) Where in respect of any land more than one person can be classed as landowners, as in the case of persons one of whom is a landowner in principal and the other in a derivative capacity, the aforesaid right of reservation shall be exercised by the landowner who receives or is entitled to receive rent directly from the tenant in actual cultivation of the land.
(3) The right to
Where the whole or any portion of the land intended to be reserved under section 3 under a tenant such tenant shall not, save in accordance with or under the provisions of this Act, be ejected therefrom until the landowner intimates to the patwari or the prescribed authority the reservation by him of such land.
(1) Notwithstanding anything contained in the Punjab Tenancy Act, 1887, as applied to Delhi, or in any law, for the time being in force, and except as provided in section 6, no tenancy in respect of any land shall be for a period of less than four years.
(2) Such period in the case of a tenant already in possession and not liable to ejectment, or to whom possession is restored under section 14, shall, in the first instance, commence from the 16th April, 1951.
Nothing contained in section 5 shall apply in the case of a tenant—
Notwithstanding anything contained in the Punjab Tenancy Act, 1887 (XVI of 1887), as applied to Delhi, the rent payble under the provisions of this Act shall be such as has been agreed to in writing between the landowner and the tenant and, in the absence of any such agreement, the customary rent prevalent in the Tehsil in which the land is situate.
(1) Every landowner shall, on demand, give or cause to be given, a valid receipt for the rent received by him or on his behalf.
(2) Any landowner who fails to comply with the provisions of sub-section (1), shall on conviction, be punished with fine which may extend to one hundred rupees.
Where any tenant has, at the expiration of the period of tenancy as specified in section 5, been allowed to hold over, his tenancy shall be deemed to have been renewed for a further period of four years commencing from the date of its expiration, on the same terms and conditions as were attached to the tenancy of which the period has expired.
Subject to the provisions of sections 11 and 12, and, save in the case of lands acquired under any law for the time being in force, every transfer or other disposition of land, whether by act of parties or by operation of law or by or in execution of a decree, unless duly completed or deemed to have been completed before the 16th April, 1951 .shall be void and unenforceable in so far as it tends to reduce or has the effect of reducing the minimum period of tenancy hereinbefore specified.
Nothing contained in section 10 shall apply to a sale made, or intended to be made, in good faith; and any tenant of the land which is the subject matter of such sale shall, unless the unexpired period of his tenancy fixed by or under the provisions of this Act is accepted by the vendee, be liable to ejectment under the provisions of the Punjab Tenancy Act, 1887 (XVI of 1887), as applied to Delhi, as if he were a tenant from year to year:
Provided that, where the tenant is not accepted by the vendee, the tenant shall, subject to the rights of other preemptors as provided in the Punjab Preemption Act, 1913, as applied to Delhi, be entitled to pre-empt the sale in the manner prescribed therein, and Section 15 of the said Act shall be deemed to be amended accordingly.
(1) Where, under the provisions . of Section 11, a landowner seeks to have his tenant ejectment before the completion of a sale he may, at any time, intimate in writing to the Revenue Officer, within whose jurisdiction the land is situate and who is competent to order ejectment of the tenant, his intention to sell, giving full particulars of the land, the name of the intending purchaser, the price offered and a copy of the agreement to sell.
(2) The intimation referred to in sub-section (1) shall, subject to the proviso to section 11 aforesaid, be treated as an application for ejectment and disposed of accordingly.
(3) Where the landowner who has secured ejectment of a tenant for the purpose mentioned in Sub-section (1) fails to get the sale completed by the 15th of August following the date of ejectment, he shall, on conviction, be punished with fine which may extend to two hundred rupees per acre of the land from which the tenant has been ejected.
(4) The cou
No decree passed in favour, or notice of ejectment issued at the instance, of a landowner, which remains unexecuted or uncomplied with before the commencement of this Act, shall be executed or complied with save to the extent to which such execution or compliance is not inconsistent with or is in furtherance of the provisions of this Act.
A tenant, who was ejected between the 1st and the 13th of May, 1950, on one or more grounds other than those specified in section 6 and had applied within 30 days of the last date aforesaid to the court or officer passing the decree or order of ejectment and such application is pending shall, subject to the provisions of this Act, be put in possession of the land on the same terms and conditions on which he held the land at the time of his ejectment.
Subject to the provisions, and for the purposes, of this Act, the procedure for ejectment of a tenant shall be the same as provided in the Punjab Tenancy Act, 1887 (XVI of 1887) as applied to Delhi, for ejectment of a tenant from year to year, and the provisions of sections 80 to 84 of that Act in the matters of appeals, review and revision shall, in so far as they are applicable apply to such proceedings under or in relation to this Act.
(1) Except, as provided in this Act or in the Punjab Tenancy Act, 1887 (XVI of 1887), as applied to Delhi, or the Code of Criminal Procedure, 1898 (V of 1898) no proceedings or order taken or made under this Act shall be called in question by any court or before any officer or authority.
(2) No suit, prosecution or other legal proceedings shall lie against the Government or any person acting under its directions in respect of anything done or purported to have been done in pursuance of this Act.
The Chief Commissioner may, by notification, make rules for carrying out the purposes of this Act.
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