The Punjab Land Reforms Act, 1972 HIRDEBIR SINGH CHEEMA Roll No. 32
The Land Reforms of the independent India had four components: The Abolition of the Intermediaries Tenancy Reforms Fixing Ceiling on Landholdings Consolidation of Landholdings
INTRODUCTION The title of the Act makes it clear that the prime objectives of the Act are to consolidate and amend the law relating to ceiling of land holdings, regulating the acquisition of proprietary rights by tenants and other incidental matters, specifically in the State of Punjab. The intention is to give effect to the principle of Social Justice by reducing the limit of land that a person could hold and declaring the other part as Surplus Area that would subsequently vest in the State Government. The PLRA received the assent of the President on March 24, 1973 and came into force on April 2, 1973 However, the Act has been given a retrospective effect from January 24,1971 which has also been defined by S. 3(1) as the "appointed day". The PLRA is applicable to whole of Punjab.
HISTORICAL BACKGROUND Two enactments, namely, the Punjab Security of Land Tenures Act, 1953 and the Pepsu Tenancy and Agricultural Land Act, 1955, were in force in the State of Punjab While the former Act applies to those parts of the state which were comprised in the State of Punjab immediately before the 1st November,1965, the latter applies to those territories of the erstwhile State of Pepsu , which now form part of the State of Punjab. It was considered necessary that a single unified law should be applicable to the entire State in so far as provisions relating to imposition of land ceiling acquisition of proprietary rights by tenants and ancillary matters are concerned. The aforesaid two enactments will remain in force in regard to matter not covered by this Bill. After giving careful consideration to the various aspects of land reform measures, which are necessary in the interest of social justice as also agricultural production, it was decided that the ceiling limits be suitably reduced; that the entire surplus area should vest in the State Government and that the criteria of eligibility for allotment of such areas should be made broad based. It has been considered necessary to withdraw pertain exemptions which were allowed under the tow existing measures.
OBJECTIVE AND PURPOSE PLRA, 1972 had been enacted to achieve the following objective. Comprehensive law- The primary objective was to consolidate, unify and amend the law relating to the a) ceiling on agricultural holding b) acquisition of proprietary rights by tenants, for whole of the Punjab. Give effect to DPSPs- Secondly, PLRA seeks to give effect to the directive principles of state policy as contained in article 39(b) & (c). Removal of economic disparities - With the view of reducing economic inequality, the Act had been enacted to give effect to the recommendations of the Land Reforms Committee which evolved a policy to secure additional land for the distribution of the land to tenants, members of SC & SC and landless agricultural workers. Allotment to landless person - The act reduces the limit of permissible area and makes family a unit for the purpose of permissible area. The surplus land is further allotted to landless person by the state government. Repealed old acts- The act has replaced the Punjab Security of Land Tenures Act,1953 and PEPSU Tenancy and Agricultural Lands Act, 1955.
To consolidate and amend laws relating to ceiling on land- The Punjab security of Land tenures act, 1953 The PEPSU tenancy and Agricultural Lands Act, 1955 Section 1 Short title- The Punjab land reforms act, 1972 Extent- whole of Punjab Commencement- came into force at once.
Declaration as to giving effect to certain Directive Principles of state policy. (Clauses b and c of article 39) (section 2) Definitions- (section 3) Appointed day- 24 th January 1971 “ banjar land” – uncultivated for 4 continuous years from date of question “family” – person , his/ her spouse and minor children, other than a married minor daughter “land” - used or let for agricultural purposes or for pasture and includes banjar land Landowner (includes mortgagee with possession), orchard, surplus area