INTRODUCTION
By the enforcement of the Punjab Tenancy Agreement Act VII of 1952 the occupancy night has become very limited Section 115 of the Punjab Tenancy Act, 1887. This provision has been introduced by the Act (VIl) of 1952 which describes the limits on the holding for personal cultivation. This section tells about the procedure for letting out of the excess land acquired by the Landlord.
RELEVANT PROVISION
Section 115 of the Punjab Tenancy Act, of 1887 deals with the limits on personal cultivation.
CONCEPT OF PERSONAL CULTIVATION
The concept of personal cultivation has been provided in section 115 of the Punjab Tenancy Act, 1887 According to the section a person who has more than 100 acres of land can not possess more than 50 acres for personal cultivation of irrigated cultivable land.
CLASSIFICATION OF LAND FOR PERSONAL CULTIVATION
Under section 115 the object of the computation of the area for the personal cultivation land is classified in the following three ways;
- Irrigated Land: The irrigated land includes the perennial Nehri and Chahi Nehri.
- Semi-Irrigated Land: The semi-irrigated land includes the Aabi, Chahi Nehri, and Non-Perennial Nehri.
- Non-Irrigated Land: The non-irrigated land includes the Sailabi and Barani land.
RESTRICTION ON PERSONAL CULTIVATION
According to clause 1 of section 115, no person owning more than 100 acres of land shall have in his possession for personal cultivation any irrigated culturable land exceeding 50 acres.
POSSESSION OF CULTURABLE LAND IN EXCESS OF 50 ACRES
According to subsection 2 of section 115, if a person owns more than 100 acres of land and has in possession culturable land in excess of 50 acres, he shall within three months of which the Punjab Tenancy (Amendment) Act, 1952 comes into force and if such person is in the military service of Pakistan on that date, then within six months of his release from such service let out the area in excess of 50 acres to the tenant on terms permissible under the law.
LAND UNDER CROP
According to the proviso attached to subsection 2 of section 115, if the said land is in excess of 50 acres under crop at the time of the coming into force of the aforesaid Act, it shall be so let out within one month of the removal of the crop.
ENTITLEMENT FOR COMPENSATION
According to the second proviso attached to subsection 2 of section 115 if the land to be let out has been prepared for sowing, the person who has so prepared it shall be entitled to compensation for the person to whom the land is let out
Dispute as to Compensation:
According to the second proviso attached to subsection 2 of section 115 such compensation and the mode of its payment shall in case of a dispute, be assessed and determined by the Revenue officer referred to in sub-section 4 in accordance with the provision of this Act in so far as there may be applicable.
LAND ACQUIRED MORE THAN 100 ACRES
According to subsection 3 of section 115 where a person not owning more than 100 acres of land on the date of the coming into force of the Punjab Tenancy (Amendment) Act, 1952 acquires by any means more land which along with land already owned by him totals more than 100 acres, he shall, within three months of such acquisition let out to tenants so much of the land as is in his possession in excess of 50 acres of culturable land, and the provisos to subsection 2 shall in so far as applicable apply to this section.
INTIMATION OF FAILURE TO FIND SUITABLE TENANTS
According to subsection 4 of section 115 If any person who is required by sub-section 2 or sub-section 3 to let out any land fails to find suitable tenants, he shall, before the expiry of the period fixed by the relevant sub-section intimate the fact to the revenue officer.
Mode of Intimation:
According to sub-section 4 of section 115, such intimation shall be made in writing.
Competence of Revenue Officer:
According to sub-section 4 of section 115, the Revenue officer would be competent under the law to entertain an application for the ejectment of the tenant from the land.
Proceedings by Revenue Officer for Suitable Tenants:
According to subsection 4 of section 115 if such land had been let out to him and such Revenue officer shall proceed in accordance with such rules as may be framed by the government to find suitable tenants for the land.
LETTING OUT LAND TO RECOMMENDED PERSONS
According to subsection 5 of section 115 when a person acts under sub-section 4, he shall let out the land to the tenants recommended by the Revenue-officer
Failure to Let Out Land:
According to subsection 5 of section 115 in the case, if the person fails to do so he shall be deemed to have contravened the provisions of this section.
Settlement of Tenants by the Revenue Officer:
According to subsection 5 of section 115 in case of contravention of the provisions of this section besides any other penalty which may be imposed on him under the law, the revenue officer referred to in sub-section 4 shall have the power to settle tenants on the land which such person is keeping in excess of the limits prescribed by this section.
FAILURE OF THE REVENUE OFFICER TO FIND OUT THE TENANTS
According to the proviso attached to subsection 5 of section 115 if the Revenue officer fails to find tenants for the land, and in consequence thereof, such person continues to occupy any land in excess of the prescribed limits, he will not be deemed to have contravened the provisions of this section.
POWER OF THE REVENUE OFFICER TO SETTLE TENANTS
According to the second proviso attached to the sub-section 5 of section 115 further that in a case covered by the first proviso, the revenue officer will have the power to settle tenants on the land at a proper time whenever he is able to find suitable persons for this purpose.
NO RIGHT TO CLAIM ANY OTHER LAND
According to subsection 6 of section 115, where a person has in accordance with the provisions of sub-section 2 or sub-section 3 made a choice with respect to the land which he is to keep for his personal cultivation, he shall not thereafter have the right to claim any other land in lieu of the whole or part of that land even though he may have lost that land through alienation.
RIGHT OF EXCHANGE
According to the first proviso attached to the sub-section 6 of section 115, the person shall have the right of exchanging the said area of 50 acres or any part thereof with any land in which he may acquire proprietary rights by inheritance after having made the said choice.
ENTITLEMENT IN ADDITIONAL AREA
According to the second proviso attached to subsection 6 of section 115 if the land reserved by a person for personal cultivation or any portion thereof is compulsorily acquired by the Provincial government or Federal Government it is rendered darya burd or if 50 percent or more of such land is rendered totally uncultivable on account of the action of sem or thur the said person shall be entitled to so much additional area, as with the area, if any, still in his possession, and in the last mentioned case, the area fit for cultivation will make up 50 acres.
LAND EXEMPTED
According to subsection 7 of section 115, land attached to and used for the purposes of a cattle farm or a stud farm recognized by the Government shall be exempt from the provisions of this section But an owner of any such farm shall not be entitled to retain for personal cultivation any other land even though the fand attached to such farm is less than 50 acres.
Meaning of Cattle Farm:
According to the explanation attached to subsection 7 of section 115 for the purposes of this subsection, a cattle farm shall mean a farm of agricultural land that is exclusively reserved for the purposes of breeding cattle.
Meaning of Stud Farm:
According to the explanation attached to subsection 7 of section 115 a stud farm means a farm of such land exclusively reserved for the breeding of horses or mules.
LIMITATION ON GIVING LAND TO TENANT
According to subsection 8 of section 115 a person who owns 25 acres of land or more shall not be selected or given any land as a tenant under sub-sections 2, 3, 4, 5, and no tenant shall be allowed more than 25 acres as such.
EXEMPTION OF PERSON FROM THE OPERATION
According to sub-section 9 of section 115, Government may, by notification in the official gazette, exempt any person or class of persons owning land or any land or class of land from the operation of this section.
COMPUTATION OF AREA FOR PERSONAL CULTIVATION
According to Explanation 1, for the purposes of computing the area for personal cultivation an acre of un-irrigated culturable land shall be counted as half an acre and the terms in gated and un-irrigated shall be defined by rules framed by the government under this Act, and if there is in the opinion of the Government any land which does not fall under these two categories the rules shall prescribe a separate category for it, and shall fix the ratio which such land sha bear in relation to irrigated land for purposes of such computation.
LAND EXEMPTED TO BE TREATED AS A CULTURABLE AREA
According to Explanation 2, for the purposes of this section, land under a garden which is in existence on the date of the coming into force of the Punjab Tenancy (Amendment) Act, 1952 and which according to the nature of the trees planted is deemed fully covered shall not be treated as culturable even though any portion thereof may be fit or actually used for purposes of cultivation.
Exception: But if a garden is planted in any land after the coming into force of the aforesaid Act, the land there under shall be treated as culturable.
BANJAR QADEEM LAND NOT CULTIVABLE
According to Explanation 3, for the purposes of this section, if land, which according to the provisions of the revenue law for the time being in force is Banjar Qadeem and is shown in the revenue record as such is brought under cultivation or a garden is planted therein, shall continue to be treated as not cultivable.
CULTIVATION THROUGH THE DIRECT DESCENDANT OF THE PERSON OWNING LAND
According to Explanation 4, for the purposes of this section cultivation through any direct descendant of the person owning land or his wife or servant or hired labor shall be treated as personal cultivation by the said person.
CATEGORIES OF PERSONS OWNING LAND
According to Explanation 5, for the purposes of this section following persons shall be deemed to be the persons owning land:
- The mortgagee of land with possession.
- A tenant of Government land under the Colonization of Government Lands (Punjab) Act. 1912 who has not acquired proprietary rights.
- A lessee, other than a lessee of Government land.
- An allottee whether provisional or permanent of land under the law for the rehabilitation of refugees for the time being in force.
CONCLUSION
It is concluded that section 115 deals exhaustively with the limits on personal cultivation. According to this section a person who has more than 100 acres of the land can not possess more than 50 acres for personal cultivation of irrigated cultivable land.
FAQs
Analyze the provisions of the Punjab Tenancy Act 1887 which relate to the limit of holding for personal cultivation.
(2018-S, 2014-A)
What is the law relating to the limit of holding for personal cultivation? Explain the detail.
(2017-A)
Discuss the law relating to personal cultivation.
(2016-S)
Elaborate on the legal provisions relating to the limit of holding personal cultivation after the enforcement of the Punjab Tenancy Amendment Act, 1952.
(2015-S)
