THE
(Act XIII of
1900)
C O N T E N T S
Section Heading
Preliminary
1. Short
title, extent and commencement.
2. Definitions.
2-A. Application
of Act to sections 53 and 54, Act XVI, 1887.
Permanent Alienation of Land
3. Sanction of Collector required to certain
permanent alienations.
3-A. Sanction
of Collector required for an alienation to an agriculturist creditor in certain
cases.
3-B. Ejectment
of alienee.
3-C. Appeal.
4. Agricultural
tribes.
5. Saving
for rights in land alienated.
Temporary Alienation of Land
6. Forms
of mortgage permitted in certain cases.
7. Rules
applying to permitted mortgages.
8. Conditions
in permitted mortgages.
8-A. Injury
to land not permitted.
9. Power
to revise mortgage made in form not permitted.
10. Future
mortgage by way of conditional sale not permitted.
11. Leases
and farms.
12. Restriction
on power to make further temporary alienation.
13. Ejectment
of mortgagee, lessee or farmer remaining in possession after term.
13-A. Benami
transactions intended to evade the provisions of the Act to be void.
13-B. Appeals.
13-C. Revision.
13-D. Limitation
for appeal.
13-E. Bar
to jurisdiction of Civil Courts.
General Provisions
14. Effect
of permanent alienation made without sanction.
15. Sanction
of Collector required to certain alienation of, or charges on, produce of land.
16. Execution-sale
of land forbidden.
17. Registration.
18. Record-of-rights
and annual record.
19. Application
of certain provisions of the Punjab Land Revenue Act, 1967 (XVII of 1967).
20. Appearance
of legal practitioners forbidden.
21. Jurisdiction
of Civil Courts excluded.
Action
to be taken by Collector when decree or order passed contrary to Act.
22. [Repealed]
23. Exercise
of powers of Collector.
24. Exemption.
25. Power
to make rules.
[1]THE
(Act XIII of
1900)
[
An Act to
amend the law relating to agricultural land in the Punjab
WHEREAS it is expedient to amend the law relating to
agricultural land in the
It is
hereby enacted as follows:-
Preliminary
1. Short title, extent and commencement.– (1) This Act may be called
the [2][* * *] Punjab Alienation of
Land Act, [3][* * *].
[4][(2) It extends to [5][the
(3) It shall come into force on such day[7] as the [8][Provincial] Government may,
by notification in the [9][Official Gazette], direct.
2. Definitions.– In this Act, unless there
is anything repugnant in the subject or context,–
[10][* * * * * * * * * * * * *]
(2) all expressions which are defined by section
4 of the Punjab Tenancy Act, 1887[11], or by
section [12][4] of
the [13]Punjab
Land Revenue Act, [14][1967
(XVII of 1967)], shall, subject to the provisions of this Act, have the
meanings assigned to them in the said sections respectively; and the
expressions “record-of-rights” and “[15][periodical]
record” shall have the meanings assigned to them respectively in Chapter [16][VI] of
the said last-mentioned Act;
[17][(2A) “Collector”
means the Collector of a District appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an officer authorized by the Government to
exercise the powers of the Collector;
(2B) “Commissioner”
means a Commissioner of a Division appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an Additional Commissioner;]
(3) the expression “land” means land which is not occupied as the site
of any building in a town or village and is occupied or let for agricultural
purposes or for purposes subservient to agriculture or for pasture, and
includes–
(a) the sites of buildings and other structures on
such land;
(b) a share in the profits of an estate or
holding;
(c) any dues or any fixed percentage of the
land-revenue payable by an inferior landowner to a superior landowner;
(d) a right to receive rent [18][* * *];
(e) any right to water enjoyed by the owner or
occupier of land as such;
[19][(f) any right of occupancy]; [20][and
(g) all trees standing on such land];
[21][(4) the expression “permanent alienation”
includes sales, exchanges, gifts, wills and grants of occupancy rights];
(5) the expression “usufructuary mortgage” means a
mortgage by which the mortgagor delivers possession of the mortgaged land to
the mortgagee and authorises him to retain such possession until payment of the
mortgage-money, and to receive the rents and profits of the land and to
appropriate them in lieu of interest or in payment of the mortgage-money or
partly in lieu of interest and partly in payment of the mortgage money; [22][* * *]
(6) the expression
“conditional sale” includes any agreement whereby in default of payment of the
mortgage-money or interest at a certain time the land will be absolutely
transferred to the mortgagee.
[23][(7) “Alienor” includes any person transferring an interest in land by
sale, exchange, gift, will, mortgage, lease or farm, and lawful heirs and
successors of any such person;
(8) [24][* * * *
* * * * * *]
[25][2-A. Application of Act to
sections 53 and 54, Act XVI, 1887.– Notwithstanding anything contained in sections 53
and 54 of the Punjab Tenancy Act, 1887[26], when a land-lord makes a
claim to exercise the rights thereby conferred upon him the provisions of this
Act shall apply thereto].
Permanent
Alienation Of Land
3. Sanction of [27][Collector] required to certain permanent alienations.– (1) [28][Save as hereinafter provided
a] person who desires to make a permanent alienation of his land shall be at
liberty to make such alienation where–
(a) the alienor is not a member of an
agricultural tribe; or
[29][* * * * * * * * * * * * *]
(c) the alienor is a member of an agricultural
tribe and the alienee is a member of the same tribe or of a tribe in the same
group.
[30][* * * * * * * * * * * * *]
(2) Except in the cases provided for in
sub-section (1), a permanent alienation of land shall not take effect as such
unless and until sanction is given thereto by a [31][Collector]:
[32][Provided that–
(1) sanction may be given after the act of
alienation is otherwise completed, and
(2) sanction shall not be necessary in the case
of–
(a) a sale of a right of occupancy by a tenant to his
land-lord, or
(b) a gift made in good faith for a religious or
charitable purpose, whether inter vivos or
by will].
(3) The [33][Collector] shall inquire
into the circumstances of the alienation and shall have discretion to grant or
refuse the sanction required by sub-section (2).
[34][3-A. Sanction
of [35][Collector] required for an alienation to an agriculturist
creditor in certain cases.– Except with the sanction of the [36][Collector]
as provided for in this Act, no member of an agricultural tribe shall make [37][an
alienation] of his land to a member of the same tribe or of a tribe in the same
group who being a creditor has advanced to such person any loan, until such
loan has been repaid or settled in full by the debtor and a period of three
years has elapsed since repayment of settlement; provided that if the [38][Collector]
after making such enquiries from the parties concerned as may be prescribed in
this behalf by the [39][Board
of Revenue] finds that an alienation has been made by a debtor to a person
other than his creditor the effect of which is to pass the beneficial interest
to such creditor in evasion of the provisions of this section, he shall, after
recording his reasons by order in writing declare the alienation void and shall
eject any person in occupation of the land by virtue of such alienation and
shall place the alienor in possession thereof.
Explanation–
In this section–
[40][(1) “An alienation” means a permanent alienation
or an alienation in any form other than those permitted by section 6 of this Act].
(2) The term “creditor” means a person or a firm
carrying on the business of advancing loans and shall include the legal
representative and the successor-in-interest whether by inheritance, assignment
or otherwise, of such person or firm.
(3) The terms
“creditor” and “debtor” shall be deemed to include their husbands or wives as
the case may be and all persons (including their husbands or wives as the case
may be) who are descended from the grandfather of such creditor or debtor as
the case may be.
(4) The term “loan” means an advance whether
secured or unsecured of money or in kind at interest [as defined in section
2(6) of the Punjab Regulation of Accounts Act, 1930 (I of 1930)] and shall
include any transaction which [41][the court or the [42][Collector], as the case may
be] finds to be in substance a loan, but it shall not include–
(i) an advance in kind made by a landlord to his
tenant for the purposes of husbandry; provided the market value of the return
in kind does not exceed the market value of the advance as estimated at the
time of the advance;
(ii) a deposit of money or other property in a
Government Post Office Bank, or any other Bank, or with a Company, or with a
Co-operative Society or with any employer as security from his employees;
(iii) a loan to, or by, or a deposit with any
society or association registered under the Societies Registration Act, 1860[43], or under any other
enactment;
(iv) a loan advanced by or to the [44]Central or any Provincial
Government or by or to any local body under the authority of the [45]Central or any Provincial
Government;
(v) a
loan advanced by a Bank, a Co-operative Society or a Company whose accounts are
subject to audit by a certificated auditor under the [46][Companies
Ordinance, 1984];
(vi) a loan advanced by a trader to a trader, in
the regular course of business, in accordance with trade usage;
(vii) an advance made on the basis of a negotiable
instrument as defined in the Negotiable Instruments Act, 1881[47], other than a promissory
note.
(5) The terms “Bank”,
“Company”, “Co-operative Societies” and “Traders” shall have the same meanings
as are assigned to them in section 2 of the Punjab Regulation of Accounts Act,
1930[48]].
[49][3-B. Ejectment of alienee.– In case of any resistance to
an order of ejectment passed under the provisions of section 3-A, the [50][Collector] may exercise all
the powers conferred on a
3-C. Appeal.– Any person aggrieved by an
order of the [51][Collector] under section
3-A or section 3-B may appeal to the [52][Commissioner], provided
that no appeal shall lie unless the appeal is instituted within thirty days of
the order appealed against, excluding days required for obtaining copies of the
order].
4. Agricultural tribes.– (1)
The [53][Board
of Revenue] shall, by notification in the [54][Official
Gazette], [55][* * *]
determine what bodies of persons in any district or group of districts are to
be deemed to be agricultural tribes or groups of agricultural tribes for the
purposes of this Act.
[56][(2) If any question or doubt should arise as to whether a person is or
is not a member of a notified agricultural tribe, the [57][Collector] shall, after
such enquiry as may be prescribed, determine whether that person is to be
deemed to be a member of the said agricultural tribe for the purposes of this
Act.
(3) In passing an order under the above
sub-section the [58][Collector] shall not be
bound by any decree of a
Provided
that nothing in this section shall affect a decree passed in a suit instituted
before the 15th June, 1938].
5. Saving for rights in land alienated.– When a [59][Collector] sanctions a
permanent alienation of land, his order shall not be taken to decide or affect
any question of title, or any question relating to any reversionary right or
right of pre-emption.
Temporary
Alienation Of Land
6. Forms of mortgage permitted in certain
cases.– (1)
If a member of an agricultural tribe mortgages his land and the mortgagee is
not a member of the same tribe, or of a tribe in the same group, the mortgage
shall be made in one of the following forms:-
(a) in the form of a usufructuary mortgage, by
which the mortgagor delivers possession of the land to the mortgagee and
authorises him to retain such possession and to receive the rents and profits
of the land in lieu of interest and towards payment of the principal, on
condition that after the expiry of the term agreed on, or (if no term is agreed
on, or if the term agreed on exceeds twenty years) after the expiry of twenty
years, the land shall be re-delivered to the mortgagor; or
(b) in the form of a mortgage without
possession, subject to the condition that, if the mortgagor fails to pay
principal and interest according to his contract, the mortgagee may apply to
the [60][Collector] to place him in
possession for such term, not exceeding twenty years, as the [61][Collector] may consider to
be equitable, the mortgage to be treated as a usufructuary mortgage for the
term of the mortgagee’s possession and for such sum as may be due to the
mortgagee on account of the balance of principal due and of interest due not
exceeding the amount claimable as simple interest at such rate and for such
period as the [62][Collector] thinks
reasonable; or
(c) in the form of a written usufructuary mortgage by which the
mortgagor recognises the mortgagee as a landlord and himself remains in
cultivating occupancy of the land as a tenant subject to the payment of rent at
such rate as may be agreed upon not exceeding sixteen annas per rupee of the
amount of the land-revenue in addition to the amount of the land-revenue of the
tenancy and the rates and cesses chargeable thereon and for such term as may be
agreed on, the mortgagor having no right to alienate his right of cultivating
occupancy and the mortgagee having no right to eject the mortgagor unless on
the grounds mentioned in section 39 of the Punjab Tenancy Act, 1887[63]; or
(d) in any form which the [64][Board of Revenue] may, by
general or special order, permit to be used.
(2) If in the case of a
mortgage in form (c) the mortgagor is ejected or relinquishes or abandons
cultivating occupancy of the land, the mortgage shall take effect as a
usufructuary mortgage in form (a) for such term not exceeding twenty years from
the date of ejectment, relinquishment or abandonment, and for such sum of money
as the [65][Collector]
considers to be reasonable.
[66][(3) The [67][Collector], if he
accepts the application of a mortgagee under sub-section (1) (b) shall have
power to eject the mortgagor, and as against the mortgagor to place the
mortgagee in possession].
7. Rules applying to permitted mortgages.– In the case of mortgages
made under section 6–
(1) no interest shall accrue during the period
for which the mortgagee is in possession of the land or in receipt of rent;
(2) if the mortgage
is in form (a) or form (b), then at the end of such period of possession the
mortgage debt shall be extinguished;
(3) the mortgagor
may redeem his land at any time during the currency of the mortgage, on payment
of the mortgage-debt or, in the case of a mortgage in form (a) or form (b), of
such proportion of the mortgage-debt as the [68][Collector]
determines to be equitable; and
(4) in the case of
a usufructuary mortgage, the mortgagor shall not be deemed to bind himself
personally to repay the mortgage-money;
[69][(5) if a mortgagor who has applied to the [70][Collector] under
sub-section (3) proves to the satisfaction of the [71][Collector] that he has paid
the mortgage-debt or such proportion of the mortgage-debt as the [72][Collector] has determined
to be equitable, or deposits with the [73][Collector] the amount of
such mortgage-debt or of such proportion thereof, the redemption of the land
shall be deemed to have taken place, and the [74][Collector] shall have power
to eject the mortgagee, if in possession, and as against the mortgagee to place
the mortgagor in possession].
8. Conditions in permitted mortgages.– (1) In a mortgage made
under section 6, the following conditions may be added by agreement between the
parties:-
(a) a condition fixing the time of the
agricultural year at which a mortgagor redeeming his land may resume possession
thereof;
(b) conditions limiting the right of a mortgagor
or mortgagee in possession to cut, sell or mortgage trees or to do any act
affecting the permanent value of the land; and
(c) any condition which the [75][Board of Revenue] by
general or special order may declare to be admissible.
(2) In mortgages made under section 6 any
condition not permitted by or under this Act shall be null and void.
[76][8-A. Injury
to land not permitted.– The express permission in writing of an owner of
land attested by a revenue officer shall be necessary in order to enable a
mortgagee or lessee or person holding a farm thereof, to commit any act which
is destructive of, or permanently injurious to, the land for purposes of
agriculture; and no court, or Official Receiver acting or purporting to act on
behalf of the owner, shall be empowered to give such permission without the
consent in writing of the owner, or the insolvent, as the case may be.
Explanation– The word “owner” in this
section shall include any other person authorised by law to act in this
behalf].
9. Power to revise mortgage made
in form not permitted.– (1) If a member of an agricultural tribe makes a
mortgage of his land in any manner or form not permitted by or under this Act,
the [77][Collector] shall
have authority to revise and alter the terms of the mortgage so as to bring it
into accordance with such form of mortgage permitted by or under this Act as
the mortgagee appears to him to be equitably entitled to claim.
(2) If a member of an
agricultural tribe has before the commencement of this Act made a mortgage of
his land in which there is a condition intended to operate by way of
conditional sale, the [78][Collector]
shall be empowered at any time during the currency of the mortgage to put the
mortgagee to his election whether he will agree to the said condition being
struck out, or to accept in lieu of the said mortgage a mortgage which may at
the mortgagee’s option be either in form (a) or in form (b) as permitted by
section 6 and which shall be made for such period not exceeding the period
permitted by the said section and for such sum of money as the [79][Collector]
considers to be reasonable.
(3) If proceedings for
the enforcement of a condition intended to operate by way of conditional sale
are instituted or are pending at the commencement of this Act in any Civil
Court, or if a suit is instituted in any Civil Court on a mortgage to which
sub-section (1) or sub-section (2) applies the Court shall refer the case to
the [80][Collector] with a
view to the exercise of the power conferred by the sub-section applying
thereto.
[81][(4) When a mortgagee put to his election
under sub-section (2) agrees to accept in lieu of his mortgage, a mortgage in
form (a) or in form (b) as permitted by section 6 for the period and for the
sum of money considered by the [82][Collector]
to be reasonable, and the mortgagor cannot be found, or fails to appear when
duly served with notice to do so, or refuses or neglects to execute such
mortgage the [83][Collector]
shall have authority to execute such mortgage on such terms as to costs as he
may fix, and the mortgage so executed shall have effect as if it had been
executed by the mortgagor. The [84][Collector]
may for any reason which he deems sufficient set aside any ex parte proceedings taken under this sub-section].
10. Future
mortgage by way of conditional sale not permitted.– In any
mortgage of land made after the commencement of this Act any condition which is
intended to operate by way of conditional sale shall be null and void.
11. Leases and farms.– Any member of an agricultural
tribe may make a lease or farm of his land for any term not exceeding twenty
years, and any lease or farm made by a member of an agricultural tribe for a
longer term than twenty years shall, if the lessee or farmer is not a member of
the same tribe or of a tribe in the same group, be deemed to be a lease or farm
for the term permitted by this section.
12. Restriction on power to
make further temporary alienation.– (1) During the currency of a mortgage made under
section 6 in form (a) or form (b) or of a lease or farm under this Act, the
owner shall be at liberty to make a further temporary alienation of the same
land for such term as together with the term of the current mortgage, lease or
farm will make up a term not exceeding the full term of twenty years.
(2) Any such further temporary alienation, if
made for a longer term than is permitted by this section, shall be deemed to be
a temporary alienation for the term permitted by this section.
13. Ejectment
of mortgagee, lessee or farmer remaining in possession after term.– If a
mortgagee, lessee or farmer holding possession under a mortgage made under
section 6 or under a lease or farm made under section 11 or under a mortgage,
lease or farm made under section 12 remains in possession after the expiry of
the term for which he is entitled to hold under his mortgage, lease or farm,
the [85][Collector]
may, of his own motion or on the application of the person entitled to
possession, eject such mortgagee, lessee or farmer and place the person so
entitled in possession.
[86][13-A. Benami
transactions intended to evade the provisions of the Act to be void.– (1)
When a sale, exchange, gift, will, mortgage, lease or farm purports to be made
either before or after the commencement of the Punjab Alienation of Land (Second
Amendment) Act, 1938, by a member of an agricultural tribe to a member of the
same agricultural tribe or of a tribe in the same group, but the effect of the
transaction is to pass the beneficial interest to a person who is not a member
of the same tribe or of a tribe in the same group, the transaction shall be
void for all purposes, and the alienor shall be entitled to possession of the
land so alienated, notwithstanding the fact that he may have himself intended
to evade the provisions of this Act.
Explanation– Any alienation made in
consequence of a transaction rendered void by this sub-section shall also be
deemed void for all purposes.
(2) If the [87][Collector] either of his own motion or
on the application of the alienor, is satisfied after making such enquiries as
may be prescribed from the parties concerned, and recording evidence that an
alienation is void under the provisions of the preceding sub-section he shall,
by order in writing, after recording his reasons, eject any person in
occupation of the land under such sale, exchange, gift, will, mortgage, lease
or farm and place the alienor in possession:
Provided that the [88][Collector]
may, in ordering the ejectment of a person who is a bona fide transferee for consideration before the 20th June, 1938,
and is in occupation of such land, allow to any such person, other than the
original transferee, compensation for improvements (as defined in section 4 of
the Punjab Tenancy Act, 1887[89],
effected by him while in occupation, up to a sum not exceeding in value the
consideration for the original transaction. Such compensation shall be assessed
by the [90][Collector] on
such principles as may be prescribed, and shall be deposited by the alienor,
and paid to the persons so ejected, in such manner as may be prescribed.
(3) For the purpose of enforcing an order under
sub-section (2) the [91][Collector] may exercise all the powers
of a
13-B. Appeals.– An appeal shall lie from
any order passed, whether in original or on review by a [92][Collector] under section 4
or section 13-A, as follows, namely:-
(a) to the [93][Commissioner] when the
order is passed by the [94][Collector];
(b) to the [95][Board
of Revenue] when the order is passed by the [96][Commissioner]
[97][only
on a point of law].
13-C. Revision.– The [98][Board
of Revenue] may at any time call for the record of any proceedings pending
before or disposed of by the [99][Collector]
under section 4 or section 13-A and shall pass such orders as [100][it]
thinks fit:
Provided
that [101][it] shall not under this
section pass any order reversing or modifying any such order without giving the
persons concerned an opportunity of being heard.
13-D. Limitation for appeal.– The period of limitation
for an appeal under section 13-B, shall run from the date of the order appealed
against and shall be as follows:-
(a) when the appeal lies to the [102][Commissioner], sixty days,
(b) when the appeal lies to the [103][Board of Revenue], ninety
days.
The
provisions of section 5 and 12 of the [104][* * *] Limitation Act,
1908, shall apply for the purpose of computing the period of limitation].
[105][13-E. Bar to jurisdiction of
Civil Courts.–
A Civil Court shall not have jurisdiction in any matter of which the [106][Collector] is empowered to
dispose under section 13-A or take cognizance of the manner in which he
exercises any power vested in him by that section].
General
Provisions
14. Effect of permanent
alienation made without sanction.– Any permanent alienation which under section 3 [107][or 3-A] is not to take
effect as such until the sanction of a [108][Collector] is given thereto
shall, until such sanction is given or if such sanction has been refused, take
effect as a usufructuary mortgage in form (a) permitted by section 6 for such
term not exceeding twenty years and on such conditions as the [109][Collector] considers to be
reasonable.
15. Sanction
of [110][Collector] required to certain alienations of, or charges
on, produce of land.– Every agreement whereby a member of an
agricultural tribe purports to alienate or charge the produce of his land or
any part of, or share in, such produce for more than one year shall not take
effect for more than one year from the date of the agreement unless the
sanction of a [111][Collector]
is given thereto, and shall, until such sanction is given or if such sanction
is refused, take effect as if it had been made for one year.
Explanation– The produce of land means–
(a) crops and other products of the earth
standing or ungathered on the holding;
(b) crops and other products of the earth which
have been grown on the land during the past year and have been reaped or
gathered.
16. Execution-sale of land
forbidden.–
(1) No land belonging to a member of an agricultural tribe shall be sold in
execution of any decree or order of any civil or revenue court, whether made
before or after the commencement of this Act.
[112][(2) Notwithstanding anything contained in any other enactment for
the time being in force no land belonging to a member of an agricultural tribe
shall, in execution of any decree or order of any civil or revenue court,
whether made before or after the enactment of this sub-section, be leased or
framed for a period exceeding 20 years or mortgaged except in one of the forms
permitted by section 6].
[113][And, if the land is already
under lease, farm or mortgage, the period of the lease, farm or mortgage made
by the court shall not exceed the period, if any, remaining after the total
period of the existing lease, farm or mortgage is deducted from the period of
twenty years:
Provided
that the period of any lease, farm or mortgage, made by the owner (a)
subsequent to the institution of the proceedings which have led to the decree
or order in execution of which the land is being alienated by the court, or (b)
within twelve months, previous to the institution of proceedings referred to in
(a) above and proved to be of a fraudulent and collusive character, shall not
be so deducted].
[114][(2-A) Every lease, farm or mortgage made under
sub-section (2) shall be determinable at any time by owner of that land by
tendering to the [115][Collector] an amount which
shall bear to the amount in consideration for which transfer has been made the
same proportion as the unexpired period of transfer bears to the total period
for which the transfer has been made.
Explanation– Lease includes a temporary
alienation of land in satisfaction of a money decree.
(2-B) The
[116][Collector]
shall give notice to the parties and after hearing them and recording such
evidence as may be produced shall determine the amount to be tendered under
sub-section (2-A).
(2-C) When the amount
as determined has been deposited with the [117][Collector] he shall make an
order that the lease, farm or mortgage be immediately determined; that the
owner be put in possession as against the lessee, farmer or mortgagee; and that
the amount in deposit be paid to the person entitled.
(2-D) For the purpose
of enforcing an order under sub-section (2-C) the [118][Collector] may exercise all
the powers of a civil court conferred by Order XXI, Rules 97 and 98 of the Code
of Civil Procedure.
(2-E) A Civil Court
shall not have jurisdiction in any matter of which the [119][Collector] is empowered to
dispose under sub-sections (2-A), (2-B), (2-C) and (2-D) or take cognizance of
the manner in which he exercises any power vested in him by these sub-sections.
(2-F) The order of
the [120][Collector] shall be subject
to appeal or revision in the manner and to the extent prescribed in sections
13-B and 13-C and the period of limitation shall be as laid down in section
13-D].
[121][(3)] Nothing in this section shall affect the right
of [122][any
Government] to recover arrears of land-revenue, or any dues which are
recoverable as arrears of land-revenue, in any manner now permitted by law.
17. Registration.– Notwithstanding anything in
the [123]Indian Registration Act,
1877, or in any rule made under section 59 of that Act,–
(1) an instrument which contravenes any provision
of this Act shall not be admitted to registration;
(2) an instrument which records or gives effect
to any transaction which requires the sanction of a [124][Collector] shall not be
admitted to registration until a certified copy of the order giving such
sanction is produced to the officer empowered to register such instrument.
18. Record-of-rights and annual
record.–
(1) Where, by reason of any transaction which under this Act requires the
sanction of a [125][Collector], a person claims
to have acquired a right the acquisition whereof he is bound to report under
section [126][42] of the Punjab Land
Revenue Act, [127][1967 (XVII of 1967)], such
person shall, in making his report, state whether the sanction required has
been obtained or not, and his right so acquired shall not be entered in the
record-of-rights or in any annual record until he produces such evidence of the
order by which such sanction is given as may be required by any rules made
under this Act.
(2) No right claimed by reason of any transaction
or condition which is declared by this Act to be null and void shall be entered
in the record-of-rights or in any [128][periodical] record.
19. Application of certain
provisions of the Punjab Land Revenue Act, [129][1967 (XVII of 1967)].– Subject to the provisions of this Act, the
provisions of Chapter [130][III] of the Punjab Land
Revenue Act, [131][1967
(XVII of 1967)],
shall, in so far as they are applicable, apply to the proceedings of Revenue
Officer under this Act.
20. Appearance of legal
practitioners forbidden.– No legal practitioner shall appear on behalf of any party interested
in any proceeding before a Revenue Officer under this Act.
Explanation– The term “legal
practitioner” includes a mukhtar.
21. Jurisdiction of Civil
Courts excluded.– (1) A Civil Court shall not have jurisdiction in any matter which the [132][Provincial Government] or a
Revenue Officer is empowered by this Act to dispose of.
[134][21-A. Civil Court to send copy of
decree or order to [135][Collector].–
(1) Notwithstanding anything contained in the [136]Code of Civil Procedure or
in any other Act for the time being in force, every Civil Court which passes a
decree or order involving (1) the permanent alienation of his land by a member
of an agricultural tribe, or (2) the mortgage by a member of an agricultural
tribe of his land when the mortgagee is not a member of the same tribe or of a
tribe in the same group, shall send to the [137][Collector] a copy of such decree
or order.
(2) Action
to be taken by [138][Collector] when decree or order passed contrary to Act.– When it appears to the [139][Collector] that any Civil
Court has either before or after the date when this section comes into
operation, passed a decree or order contrary to any of the provisions of this
Act, the [140][Collector] may apply for
the revision of such decree or order to the Court, if any, to which an appeal
would lie from such decree or order or in which an appeal could have been
instituted at the time when the decree or order was passed or in any other case
to the [141][High Court]. And when the
Court finds that such decree or order is contrary to any of the provisions of
this Act it shall alter it so as to make it consistent with this Act. Such
application shall be made within two months of the date upon which the [142][Collector] is informed of
such decree or order.
(3) When any such Appellate Court passes an
order, rejecting such application, the [143][Collector] may, within two
months after the date upon which he is informed of such order, apply to the [144][High Court] for revision
thereof.
(4) Every
(5) No stamp shall be
required upon such applications, and the provisions of the Code of Civil
Procedure[146], as
regards appeals shall apply so far as may be to the procedure of the Court on
receipt of such application:
Provided
that no appearance by or on behalf of the [147][Collector] shall be deemed necessary
for the disposal of the application].
22. [Addition to section 77 of
Act XVI of 1887]. Repealed by the
Repealing Act, 1938 (I of 1938), section 2 and Schedule.
23. Exercise of powers of [148][Collector].– The powers conferred by this Act
upon a [149][Collector]
may be exercised by a Revenue Officer of higher rank, or by any officer
authorised by the [150][Board
of Revenue] in this behalf.
24. Exemption.– The [151][Board of Revenue] [152][* * *] may, by notification
in the [153][Official Gazette], exempt any
district or part of a district or any person or class of persons from the
operation of this Act or of any of the provisions thereof.
25. Power to make rules.– (1) The [154][Provincial Government] may
make rules for carrying into effect the purposes of this Act.
(2) In particular and
without prejudice to the generality of the foregoing power, the [155][Provincial
Government] may make rules prescribing the Revenue Officers to whom
applications may be made, and the manner and form in which such applications
shall be made and disposed of.
[1]For statement of objects and reasons, see Gazette of India, 1899, Pt. V, p.
135; for report of the Select Committee, see
ibid., 1900, Pt. V, p. 91; and for further report, see ibid., p. 107; for proceedings in Council, see ibid., 1899, Pt. VI, p. 216; and ibid., 1900, pp. 168, 177 and 193.
[2]The words “West Punjab” were
substituted for “Punjab” by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949); but, the word “West” was, later on, deleted by
the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974).
[3]The
figure, “1900”, deleted by the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949).
[5]Substituted by the Federal
Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), for “
[6]The words, “and North-West
Frontier”, deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of
1974). The word, “Province”, occurring after “Frontier” was deleted by the West
Pakistan Supplementary Appropriation Ordinance, 1960 (XXI of 1960).
[9]Substituted by the Government
of
[10]Cl. (1) of section 2 and the
provisos were repealed in the
[11]XVI of 1887.
[12]Substituted for the figure
“3”, by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001).
Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as
amended, read with Article 270AA of the Constitution of the Islamic Republic of
Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[13]XVII of 1887, subsequently
repealed by the Punjab Land Revenue Act, 1967 (XVII of 1967).
[14]Substituted for the figure
“1887”, by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of
2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999),
as amended, read with Article 270AA of the Constitution of the Islamic Republic
of Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[15]Substituted ibid., for
the word “annual”.
[16]Ibid., for “IV”.
[17]Inserted by the
[18]The word “and” was repealed by
the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 1936).
[19]Inserted by the Punjab
Alienation of Land (Amendment) Act, 1907 (I of 1907), section 2.
[20]Inserted by the
[21]Substituted by the
[22]The word, “and”, deleted by
the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938).
[27]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[29]Cl. (b) and proviso to Cl. (c), repealed by the Punjab
Alienation of Land (Amendment) Act, 1907 (I of 1907).
[31]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[32]Substituted by the
[33]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[34]Added by the
[35]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[36]Ibid.
[37]Substituted for the words “a
permanent alienation”, by the Punjab Alienation of Land (Fourth Amendment) Act,
1938 (VIII of 1938).
[38]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[39]Substituted for the words
“Provincial Government”, by the
[40]Substituted by the
[41]Substituted for the words “a
Court”, by the Punjab Alienation of Land (Amendment) Act, 1940 (VIII of 1940).
[42]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[43]XXI of 1860.
[44]Now ‘Federal’, see P.O. 4 of 1975.
[45]Ibid.
[46]Substituted for the words
“Indian Companies Act, 1913”, by the Punjab Alienation of Land (Amendment)
Ordinance, 2001 (XXXVI of 2001). Under Article 5A of the Provisional
Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the
Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject
to any limitation as to duration prescribed in the Constitution.
[49]Sections
3-B and 3-C, inserted by the Punjab Alienation of Land (Fourth Amendment) Act,
1938 (VIII of 1938).
[50]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[53]Substituted for “Provincial
Government”, by the
[54]Substituted for “Local
Official Gazette”, by the Government of
[55]The words “published with the
previous sanction of the Governor General in Council”, repealed by the Punjab
Alienation of Land (Amendment) Act, 1907 (I of 1907).
[56]Added by the
[57]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[58]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[59]Ibid.
[60]Ibid.
[61]Ibid.
[62]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[63]XVI of 1887.
[64]Substituted for “Provincial
Government”, by the
[65]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[66]Inserted by the
[67]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[68]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[69]Inserted by the
[70]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[71]Ibid.
[72]Ibid.
[73]Ibid.
[74]Ibid.
[75]Substituted for “Provincial
Government”, by the
[76]Inserted by the
[77]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[78]Ibid.
[79]Ibid.
[80]Ibid.
[81]Inserted by the
[82]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[83]Ibid.
[84]Ibid.
[85]Ibid.
[86]Sections
13-A to 13-D, inserted by the Punjab Alienation of Land (Second Amendment) Act,
1938 (X of 1938).
[87]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[88]Ibid.
[89]XVII of 1887.
[90]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[91]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[95]Substituted for the words
“Financial Commissioner”, by the
[96]Substituted for the words and
brackets “Executive District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[99]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[100]Substituted for the word “he”, by the
[101]Ibid.
[102]Substituted for the words and
brackets “Executive District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[103]Substituted for the words
“Financial Commissioner”, by the
[104]The word “Indian”, omitted by
the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001). Under Article 5A of the
Provisional Constitution Order 1999 (I of 1999), as amended, read with Article
270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall
not be subject to any limitation as to duration prescribed in the Constitution
[105]Inserted by the
[106]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[107]Inserted by the
[108]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) (Amendment)
Act 2011 (VI of 2011).
[109]Ibid.
[110]Ibid.
[111]Ibid.
[112]Added by the
[113]Added by the
[114]Sub-sections (2-A) to (2-F), inserted by the Punjab
Alienation of Land (Amendment) Act, 1940 (VIII of 1940).
[115]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[116]Ibid.
[117]Ibid.
[118]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[119]Ibid.
[120]Ibid.
[121]Re-numbered by the
[122]Substituted by the Government
of
[123]Now the Registration Act 1908
(XVI of 1908).
[124]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[125]Ibid.
[126]Substituted for the figure
“34” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of
2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999),
as amended, read with Article 270AA of the Constitution of the Islamic Republic
of Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[127]Ibid., for the figure “1887”.
[128]Ibid., for the word “annual”.
[129]Ibid., for the figure “1887”.
[130]Ibid., for “II”.
[131]Ibid., for the figure “1887”.
[132]Substituted by the Government
of
[133]Ibid.
[135]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[137]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[142]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[143]Ibid.
[144]Substituted for “
[145]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[147]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[150]Substituted for the words
“Provincial Government”, by the
[152]The words, “with the previous
sanction of the Governor-General in Council”, repealed by the Devolution Act,
1920 (XXXVIII of 1920).
[153]Substituted for “Local
Official Gazette”, by the Government of
[154]Substituted ibid., for “Local Government”.
[155]Substituted ibid., for
“Local Official Gazette”.