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Section 1 – The Punjab Occupancy Tenants (Vesting of Proprietary rights) Act,1952

The Punjab Occupancy Tenants (Vesting of Proprietary rights) Act,1952

(Punjab Act 8 of 1953)

1[Received the assent of President on the 14th April,1953, and was first published in the Punjab Government Gazette (Extraordinary) of the 15th April,1953].

LEGISLATIVE AMENDMENTS

-Amended by Punjab Act 13 of 1955
-Amended by Punjab Act 31 of 1958
-Amended by Punjab Act 29 of 1959

1 For Statement of objects and Reasons, see Punjab Government Gazette, Extraordinary, dated 1st October,1952, pages 1061-62; for proceedings in the Assembly, see Punjab Legislative Assembly, Debates,1953.

NOTE

Statement of objects and Reasons: – In March,1949, a Land Reforms Committee was appointed by Government to examine the tenancy legislation in force in this State and to suggests ways and means to ameliorate the economic condition of tenants. One of the recommendations of that Committee was that the occupancy tenants should be given proprietary in their tenancies on payment of suitable compensation of the landlords. The Committee was of the view that conferment of proprietary rights in the land on the actual tiller of the soil was in conformity with the modern trends of thought. The Committee also felt that because of the tension prevailing between occupancy tenants and their landlord neither the tenant nor the landlord was in position to develop the land to its utmost. As the State Legislative was suspended, the President of the Union enacted the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act,1951 (Presidents Act No.VIII of 1951). In order to give effect to the recommendations made by the Land Reforms Committee. It came into force from 15th June,1952.

2. Under the Act as enacted by the President all rights of landlords in the land held by occupancy tenants, whether at present or in future, are to be extinguished and these will pass to the occupancy tenants on payment of such compensation for acquisition of these rights as may be determined under the Act. In brief the Act aims at converting all occupancy tenants into proprietors of their tenancies. The evacuee property has however, been exempted from the provisions of this Act because there has been no final agreement with Pakistan regarding it and the land left by displaced persons in Pakistan.

3. Now the State Legislature is in session the Act is being reenacted under Article 357(2) of the Constitution of India. The Act has been slightly modified now so as to enable the occupancy tenants to acquire proprietary rights in the Shamilat land also” . (Punjab Government Gazette Extra-ordinary, dated the 1st October,1952);

An Act to vest proprietary rights in occupancy tenants and to provide for payment of compensation to the landlords whose rights are extinguished and for certain consequential and incidental matters.

Section 1. Short title, extent and commencement

1) This Act may be called the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act,1952.

(2) It extends to the whole of the State of Punjab.

(3) It shall be deemed to have come into force on the 15th day of June 1952.

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The Punjab Occupancy Tenants (Vesting of Proprietary rights) Act,1952

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