THE
COLONIZATION OF GOVERNMENT LANDS (
(Act V of
1912)
C O N T E N T
S
Section Heading
1. Title
and local extent.
2. [Repealed]
3. Definitions.
Chapter I
Preliminary
4. Application
of the Act.
5. Power
to withdraw a colony from the operation of the Act.
6. Applicability
of tenancy laws.
7. Applicability
of the
8. [Repealed]
9. [Repealed]
Chapter II
Provisions Relating to Tenants
10. Issue
of statements of conditions of tenancies.
11. Legal
effect of statements of conditions.
12. Temporary
absence.
13. Entries
in record of rights or in annual record to be equivalent to entries in register
issued under Act III of 1893.
14. Position
of tenants holding hitherto under Act III of 1893.
15. Purchaser
to be tenant pending payment in full of purchase money.
16. False
information by a tenant.
17. Exchange.
18. Rights
of tenant not to be attached or sold.
19. Transfers
of rights to be void.
19-A. Succession
to the tenancy.
20. Succession
to tenants acquiring otherwise than by succession.
21. Succession
to tenants acquiring by succession.
22. Acquisition
of ownership not to affect nomination of heir.
23. Revocation
of nomination.
24. Power
of imposing penalties for breaches of conditions.
25. Power
of re-entry and provisions as to compensation in certain cases.
26. Provisions
for re-entry on and compensation for buildings on sites allotted for
residential purposes.
27. Saving
of certain tenancies and conditions.
28. Sums
due to Government to be recoverable as arrears of land revenue.
29. Power
to abrogate conditions.
Chapter III
Provisions Relating to Proprietors
30. Acquisition
of proprietary right.
30-A. Rights
of alienation in respect of and rule of succession to certain proprietary
rights acquired by a female.
Chapter IV
Supplementary Provisions
31. Mares,
camels or their progeny maintained under prescribed conditions not to be
attached or sold.
32. Power
of re-entry in case of squatters and trespassers.
33. Penalties.
34. Additional
powers of Collector in regard to offences.
35. Power
to levy a cess for administration of common village expenses.
36. Jurisdiction
of
37. Public
servants indemnified for acts done under this Act.
38. Legalization
of orders passed previous to the Act.
Schedule I
List of Excepted Tenancies
Referred to in Section 4
Schedule II
(Referred to in Section 30)
Conditions applicable to grantees who
acquire proprietary right
1. Exceptions
of channels, rights to minerals, etc.
2. Power
of the Government entry to search for minerals, etc.
3. Compensation
for damage by entry.
4. Demarcation
of boundaries.
5. Arbitration.
[1]THE COLONIZATION OF GOVERNMENT LANDS (
(Act V of
1912)
[
An Act to make
better provision for the Colonization and
Administration
of Government Lands in the
WHEREAS it is expedient to make better provision for
the colonization and administration of Government lands in the
It is
hereby enacted as follows:-
1. Title and local extent.– (1) This Act may be called
the Colonization of Government Lands (
(2) [2][It extends to the whole of
the Province of [3][the
2. Repeal.– The
Government Tenants (
3. Definitions.– In this Act, unless there
is something repugnant in the subject or context,–
“Collector” means the
Collector of the district as described in [4][[5][the Punjab] Land Revenue
Act 1967] and includes (1) any officer appointed by the [6][Board of Revenue] to
perform all or any of the functions and exercise all or any of the powers of the
Collector under this Act, and (2) any Colonization Officer or Assistant
Colonization Officer appointed as such before the commencement of this Act,
whether or not such officer was by notification appointed to perform all or any
of the functions of a Deputy Commissioner under the Act hereby repealed.
[7][“Commissioner”] includes
any officer appointed by the [8][Board of Revenue] to
perform all or any of the functions and exercise all or any of the powers of a [9][Commissioner] under this
Act.
“Colony” means any area
to which this Act shall be applied by order of the [10][Provincial Government] and,
unless the [11][Provincial Government]
otherwise directs any area to which the Government Tenants (
“Prescribed” means
sanctioned by [12][Board of Revenue] under
this Act or under the Act hereby repealed.
[13][“Improvement” means, with
reference to a tenancy, any work which is suitable to the tenancy and
consistent with the conditions on which it is held, by which the value of the
tenancy has been and continues to be increased, and which, if not executed on
the tenancy, is either executed directly for its benefit, or is, after
execution, made directly beneficial to it:
Explanation I– It includes among other things–
(a) the construction of wells and other works for
the storage or supply of water for agricultural purposes;
(b) the construction of works for drainage and for
protection against floods;
(c) the planting of
trees, the reclaiming, enclosing, levelling and terracing of land for agricultural
purposes and other works of a like nature;
(d) the erection of buildings required for the more
convenient or profitable cultivation of a tenancy; and
(e) the renewal or reconstruction of any of the
foregoing works, or such alterations therein, or additions thereto, as are not
of the nature of mere repairs and as durably increase their value;
But it does not include
such clearances, embankments, levellings, enclosures, temporary wells and
water-channels as are made by tenants in the ordinary course of cultivation and
without any special expenditure, or any other benefit accruing to land from the
ordinary operations of husbandry;
Explanation II– A work
which benefits several tenancies may be deemed to be, with respect to each of
them, an improvement.
Explanation
III– A work executed by a tenant is not an
improvement if it substantially diminishes the value of any other part of his
landlord’s property].
“Tenant” means any person
holding land in a colony as a tenant of [14][Government], and includes the
predecessors and successors in interest of a tenant.
[15][“Original
tenant” means any male, to whom a tenancy is first allotted by the Collector,
and includes the male transferee of such a tenant and any male nominated by the
Collector in accordance with the provisions of section 21 to succeed a female,
to whom a tenancy was first allotted.]
Chapter I
Preliminary
4. Application of the Act.– This Act shall, unless the [16][Provincial Government]
otherwise directs, apply to land to which the provisions of the Government
Tenants (Punjab) Act 1893[17], have been applied and to
any other land to which the [18][Provincial Government] may
by notification in the Official Gazette apply it and which at the time of the
notification was the [19][property of the [20][Provincial Government]]:
Provided
that [21][unless the [22][Provincial Government] by
general or special order otherwise directs] nothing in sections 20, 21, 22 and
23, or in the proviso to section 14, of this Act shall, [23][* * *] apply to tenancies
specified in Schedule I of this Act, or to any class of tenancies created
hereafter which the [24][Provincial Government] may
declare to be scheduled tenancies under this section.
5. Power to withdraw a colony from the operation
of the Act.–
The [25][Provincial Government] may,
at any time by notification in the Official Gazette, withdraw a colony or any
part of a colony from the operation of all or any of the provisions of this
Act.
[26][6. Applicability of tenancy
laws.–
Except as provided in section 7, the Punjab Tenancy Act, 1887[27], or any other law relating
to tenancy for the time being in force in any part of the [28][
[29][7. Applicability
of the Punjab Land Revenue Act and Punjab Tenancy Act.– (1)
Subject to the provisions of this Act, the [30][Punjab]
Land Revenue Act, 1967[31],
Chapter VII of the Punjab Tenancy Act, 1887[32] or the
corresponding provisions of any other law relating to tenancy for the time
being in force in the area where proceedings under this Act are to be taken,
and the rules thereunder, shall apply to all proceedings under this Act:
Provided
that nothing in the [33][Punjab] Land Revenue Act,
1967, the Punjab Tenancy Act, 1887, or any other law relating to tenancy for
the time being in force in the [34][Punjab] shall be so
construed as to vary or invalidate any condition entered in any statement of
conditions issued by the Provincial Government.
(2) Nothing in section 6
shall affect the application of the Punjab Tenancy Act, 1887[35], or any other law relating
to tenancy for the time being in force, to any matter or dispute arising
between Government tenants and their sub-tenants to which Government is not a
party].
8. [36][* * * * * * * * * * * * *]
9. [37][* * * * * * * * * * * * *]
Chapter II
Provisions relating to Tenants
10. Issue of statements of
conditions of tenancies.– (1) The [38][Board of Revenue subject to
the general approval of the Government] may grant land in a colony to any
person on such conditions as it thinks fit.
(2) The [39][Provincial
Government] may issue a statement or statements of the conditions on which it
is willing to grant land in a colony to tenants.
(3) Where such statements of conditions have been
issued, the Collector may, subject to the control of the [40][Board of Revenue], allot
land to any person, to be held subject to such statement or conditions issued
under sub-section (2) of this section, as the Collector may by written order
declare to be applicable to the case.
(4) No person shall be deemed to be a tenant or to
have any right or title in the land allotted to him until such a written order
has been passed and he has taken possession of the land with the permission of
the Collector. After possession has been so taken, the grant shall be held
subject to the conditions declared applicable thereto.
11. Legal
effect of statements of conditions.– Subject to the provisions of
this Act, the grant of any tenancy in accordance with any statements of
conditions which have been or may hereafter be issued by the [41][Provincial
Government] under the Government Tenants (Punjab) Act, 1893[42], or
under this Act shall be deemed to be transfer of a land within the meaning of
the Crown Grants Act, 1895, and shall be governed by the provisions of the said
Act.
12. Temporary absence.– Any condition included in
any statement of conditions which imposes an obligation of residence shall not
be deemed to have been infringed by reason only of the temporary absence of a
tenant who has established a permanent residence in the estate in which his holding
is situated.
13. Entries in record of rights
or in annual record to be equivalent to entries in register issued under Act
III of 1893.–
Where in any statement of conditions issued before the commencement of this Act
reference is made to any register prescribed under the Government Tenants
(Punjab) Act, 1893[43], then the record-of-rights
or the annual record shall, so far as may be, be deemed to be such a register.
14. Position of tenants holding
hitherto under Act III of 1893.– Any person who at any time before the commencement
of this Act was a tenant from [44][Government] of land to
which the Government Tenants (Punjab) Act, 1893[45], applied and for which a
statement of conditions was issued under that Act, shall, notwithstanding any
previous agreement or anything contained in the Punjab Tenancy Act, 1887[46], or any other enactment now
in force, be deemed to have accepted and to hold the lands of which he is a
tenant in accordance with such statement of conditions:
Provided
that unless such tenant [47][not being a Muslim] shall,
by deed executed and registered within twelve months from the date on which
this Act comes into force, declare that the succession to his tenancy shall be
in accordance with the statement of conditions applicable thereto, the succession
to his tenancy shall be regulated by the provisions of sections 20, 21, 22, and
23 of this Act.
15. Purchaser
to be tenant pending payment in full of purchase money.– A
purchaser from [48][Government]
of land who has been placed in possession of the land by order of the Collector
shall be deemed to be a tenant of such land until the full amount of the
purchase money with any interest due thereon has been paid and the other
conditions set forth in the statement of the conditions of sale issued by the
Collector have been fulfilled.
16. False information by a
tenant.– If
any person who after the commencement of this Act has been put in possession of
land in a colony as a tenant shall have given false information intending or
having reason to believe that any [49][Servant of the State] may
be thereby deceived regarding his qualifications to become a tenant, he shall
be deemed to have committed a breach of the conditions of his tenancy:
[50][* * * * * * * * * * * * *]
17. Exchange.– Subject to any orders that
he may receive from the [51][Commissioner], the
Collector may allow any tenant to exchange the whole or any part of his tenancy
for other land in the colony, and the land so taken in exchange shall, in the
absence of any special condition to the contrary recorded in writing by the
Collector, be deemed to be held on the same conditions and subject to the same
obligations as the surrendered land was held.
18. Rights of tenant not to be
attached or sold.– None of the rights or interests vested in a tenant from Government of
land to which this Act applies shall be attached or sold in execution of a
decree or order of any court or in any insolvency proceedings.
19. Transfers of rights to be
void.– Except
as provided in section 17, none of the rights or interests vested in a tenant
by or under the Government Tenants (Punjab) Act, 1893[52], or this Act, shall,
without the consent in writing of the [53][Commissioner], or of such
officer as he may by written order empower in this behalf, be transferred or
charged by any sale exchange, gift, will, mortgage or other private contract,
other than a sub-lease for not more than one year in the case of a tenant who
has not acquired a right of occupancy, and seven years in the case of a tenant
who has acquired a right of occupancy. Any such transfer or charge made without
such consent in writing shall be void, and if (after the commencement of this
Act) the transferee has obtained possession, he shall be ejected under the
orders of the Collector:
Provided
that the right of sub-letting conferred by this section shall not release any
tenant from a condition requiring him to reside in the state in which his
tenancy is situated.
[54][19-A. Succession to the
tenancy.–
When after the coming into force of the Colonization of Government Lands
(Punjab) (Amendment) Act, 1951, any Muslim tenant dies, succession to the
tenancy shall devolve on his heirs in accordance with the Muslim Personal Law
(Shariat), and nothing contained in sections 20 to 23 of this Act shall be
applicable to his case:
Provided
that when the tenancy rights are held by a female as a limited owner under this
Act, succession shall open out on the termination of her limited interest to
all persons who would have been entitled to inherit the property at the time of
the death of the last full owner had the Muslim Personal Law (Shariat) been
applicable at the time of such death, and in the event of the death of any of
such persons before the termination of the limited interest mentioned above,
succession shall devolve on his heirs and successors existing at the time of
the termination of the limited interest of the female as if the aforesaid such
person had died at the termination of the limited interest of the female and
had been governed by the Muslim Personal Law (Shariat):
Provided
further that the share, which the female limited owner would have inherited had
the Muslim Personal Law (Shariat) been applicable at the time of the death of
the last full owner shall devolve on her if she loses her limited interest in
the property on account of her marriage or remarriage and on her heirs under
the Muslim Personal Law (Shariat) if her limited interest terminates because of
her death].
[55][20. Succession to tenants
acquiring otherwise than by succession.– Subject to the proviso to section 14, when after
the commencement of this Act, any original tenant dies the succession to the
tenancy shall devolve in the following order upon–
(a) the male lineal descendants of the tenant in the male line of descent. (The term ‘lineal descendants’ shall include an adopted son whose adoption has been ratified by a registered deed);
(b) the widow of the tenant until she dies, or
remarries or loses her rights under the provisions of this Act;
(c) the unmarried daughters of the tenant until
they die or marry, or use their rights under the provisions of this Act;
(d) the successor or
successors nominated by the tenant by registered deed from among the following
persons, that is to say, his mother, [56][his
pre-deceased son’s widow, his pre-deceased grandsons’s widow], his married
daughter, his daughter’s son, his sister, his sister’s son, and the male agnate
members of his family; and
(e) the successor or successors nominated by the
Collector from among the persons enumerated in clause (d) of this Section.
[57][21. Succession to tenants
acquiring by succession.– When, after the commencement of this Act any male tenant, who is not
an original tenant, dies, or any female tenant dies, marries or re-marries, the
succession to the tenancy shall devolve–
(a) in
the case of a female, to whom the tenancy has been first allotted, on the
successor nominated by the Collector from the issue of such female tenant, or
from the male agnates of the person, on account of whose services the tenancy
was allotted to her;
(b) in all other
cases, on the person or persons, who would succeed if the tenancy were
agricultural land acquired by the original tenant.
22. Acquisition of ownership not
to affect nomination of heir.– When a tenant has nominated a successor to his
tenancy under section 20 (d) and subsequently acquires a right of ownership in
the tenancy, the right of succession of the persons so nominated shall, unless
the deed of nomination expressly provides to the contrary, be unaffected by
such acquisition of ownership.
23. Revocation of nomination.– When a tenant has, under
section 20 (d) of this Act, nominated a successor, he may at any time, whether
before or after acquiring ownership, revoke such nomination, but not otherwise
than by registered deed.
24. Power of imposing penalties
for breaches of conditions.– When the Collector is satisfied that tenant in
possession of land has committed a breach of the conditions of his tenancy, he
may, after giving the tenant an opportunity to appear and state his objections–
(a) impose on the tenant a penalty not exceeding [58][ten thousand rupees]; or
(b) order the resumption of the tenancy:
Provided
that if the breach is capable of rectification, the Collector shall not impose
any penalty or order the resumption of the tenancy unless he has issued a
written notice requiring the tenant to rectify the breach within a reasonable
time, not being less than one month, to be stated in the notice and the tenant
has failed to comply with such notice.
25. Power of re-entry and
provisions as to compensation in certain cases.– Where an order resuming the
tenancy has been passed under the last preceding section, the Collector may
forthwith re-enter upon the land and resume possession of it, subject to the
payment of compensation, to be fixed by the Collector, for uncut and ungathered
crops and for the improvements, if any, that may have been made by the tenant:
Provided
that if the tenancy be allotted to any other person, the amount of the
compensation, if any, paid to the out-going tenant shall be recoverable by the
Collector from the incoming tenant.
26. Provisions for re-entry on
and compensation for buildings on sites allotted for residential purposes.– In any case where a tenant has
been allotted a site for residential purposes in consideration of his tenancy,
and such tenancy has been resumed under the provisions of sections 24 and 25 of
this Act, the Collector may re-enter and take possession of such site:
Provided
that the Collector shall fix and pay to the said tenant reasonable compensation
for, or permit him to remove, any buildings or improvements made by him on such
site.
27. Saving of certain tenancies
and conditions.– (1) Nothing in sections 24, 25 or 26 shall apply to–
(a) the case of
land irrigated by the Rakh and Mia Ali Branches of the Chenab Canal allotted
before the twelfth day of August 1896, or
(b) any breach of a condition regarding
arboriculture included in any statement of conditions other than a statement
pertaining to tree-planting tenants, [59][or]
[60][(c) any tenancy scheduled under the proviso to section 4, except to
such extent as may be specified in the statement of conditions applicable to
such tenancy].
[61][(2) * * * * * * * * * * * *]
28. Sums due to [62][Government] to be recoverable as arrears of land revenue.– All sums due to [63][Government] in respect of a
tenancy granted in pursuance of the Government Tenants (Punjab) Act, 1893[64], or under the provisions of
this Act or of the rules and conditions issued thereunder, and all sums due on
account of fines, confiscations, costs and penalties, shall be recoverable as
if they were arrears of land revenue.
29. Power to abrogate conditions.– The [65][Board of Revenue subject to
the general approval of the Government] may, at any time by notification in the
Official Gazette, abrogate any of the limitations and obligations imposed upon
tenants as part of the conditions of their tenure.
Chapter III
Provisions relating to
Proprietors
30. Acquisition of proprietary
right.– [66][(1)] Notwithstanding
anything entered in any statement of conditions issued under the Government
Tenants (Punjab) Act, 1893[67], a tenant who, either in
pursuance of any such condition or otherwise by agreements with, or under rules
issued by the [68][Provincial Government], has
acquired proprietary right in any land included in his tenancy shall in respect
of such land cease to be subject to any statement of conditions issued under the
above-mentioned Act; provided always that he shall in respect of such land be
bound by the conditions set out in Schedule II of this Act and be bound by the
other provisions of this Act applicable to proprietors of land.
[69][(2) If, at any time, the Board of Revenue is
satisfied that any person had acquired under this Act tenancy rights in respect
of any land by means of fraud or misrepresentation or was not eligible to have
such rights for any reason whatsoever then notwithstanding the acquisition of proprietary
rights by such person in such land or the terms and conditions of any agreement
with or rules issued by the Provincial Government and without prejudice to any
other liability or penalty to which such person may be liable under any law for
the time being in force, the Board of Revenue may, after giving such person a
reasonable opportunity of showing cause pass an order resuming the land in
respect of which proprietary rights have been acquired or reduce the area of
such land or pass such order as it may deem fit].
[70][30-A. Rights of alienation in
respect of and rule of succession to certain proprietary rights acquired by a
female.–
(1) Notwithstanding any custom and the provisions of any law to the contrary,
when after the commencement of the Colonization of Government Lands (Punjab)
(Amendment) Act, 1944, proprietary rights in any land are acquired by a female
tenant, her rights of alienation of any such land shall be the same–
(a) if she succeeded to the tenancy directly or
indirectly from a male tenant, as if the proprietary rights had been acquired
by the last male tenant, and she had succeeded to such rights as his heir; and
(b) if the
tenancy was first allotted on account of some male person, either to her, or to
another female to whom she succeeded either directly or in a continuous line of
female succession, as if the proprietary rights had been acquired by such male
persons and she had succeeded to such rights as his heir,
and in cases falling under
clause (a) or clause (b) in the event of such female proprietor dying while in
possession of the proprietary rights in question, the said rights shall devolve
upon the persons who would be entitled to succeed, if such rights had been
acquired by the last male tenant, or the male person on whose account the
tenancy was first allotted as the case may be.
(2) Nothing herein
contained shall be construed to alter the law of succession applicable to any
female tenant, in respect of proprietary rights in land acquired by her, if the
tenancy in such land was acquired by or accrued to her in circumstances other
than those specified in sub-section (1).
(3) For the purposes of this section the
expression “any such land” shall be deemed to include any land obtained in
exchange for part or all of the land in which proprietary rights have been
acquired].
Chapter IV
Supplementary Provisions
31. Mares,
camels or their progeny maintained under prescribed conditions not to be
attached or sold.– No mare or camel or other animal maintained in accordance
with any prescribed statement of conditions and no progeny, if less than
eighteen months old, of any mare or camel so maintained, shall be liable to
attachment or sale in execution of any decree.
32. Power
of re-entry in case of squatters and trespassers.– When
the Collector is satisfied that any person has taken or is in possession of
land in a colony to which he has no right or title, the Collector may, in
addition to any other powers he may possess, forthwith re-enter upon the land
and resume possession of it and take possession of all crops, trees and
buildings thereon on behalf of [71][Government]
without payment of any compensation whatsoever.
33. Penalties.– If any person, without permission
of a Revenue Officer of a grade to be specified by the [72][Board of Revenue]–
(a) clears or breaks up
for cultivation, or cultivates any land which is owned by, or is in the
possession of [73][Government]
and is not included in any tenancy or allotted residential enclosure or which
has been entered for the common purposes of a town or village community or
section of the same or for a road, canal or water-course; or
(b) erects any building on any such land; or
(c) fells or otherwise destroys standing trees on
such land; or
(d) otherwise encroaches on any such land; or
(e) makes an excavation
or constructs a water channel on any such land;
he shall, on compliant made by order of or under
authority from the Collector, be punished on conviction by any Magistrate with
a fine not exceeding [74][two hundred thousand rupees
or with rigorous imprisonment not exceeding six months or with both].
Explanation– The felling of trees planted
by an owner or tenant on any village road or water-course traversing his holding
is not an offence under this section.
34. Additional powers of
Collector in regard to offences.– When the Collector is satisfied that an act
punishable under section 33 has been committed, he may in lieu of proceeding
against the offender under that section or after conviction of the offender
under that section–
(i) in the case of an offence under section 33
(a), confiscate the crops growing on any land cultivated in contravention of
this Act or, if the crops have been cut, recover such sums as he may assess as
the value thereof from the offender;
(ii) in the case of an offence under section 33
(c), recover such sum as he may assess as the value of the trees or tree
destroyed;
(iii) in the case of an offence under section 33
(b), (d) or (e), cause the building or other encroachment to be demolished or
removed or the excavation or channels to be filled up, and levy the costs of so
doing from the person responsible for such act.
35. Power to levy a cess for
administration of common village expenses.– (1) If in any estate the majority of the
tenants and owners of the estate shall apply for the levy of a cess for village
purposes, the Collector may order the payment of such a cess from the
proprietors, tenants and inhabitants of the village in such way and at such
rates as he holds to be suitable.
[75][(2) Any cess leviable in any estate under this section shall be
recoverable as arrears of land revenue].
36. Jurisdiction of Civil Court
barred as regards matter arising under the Act.– A Civil Court shall not
have jurisdiction in any matter of which the Collector is empowered by this Act
to dispose and shall not take cognizance of the manner in which the [76][Provincial Government], [77][Board of Revenue] or
Collector or any other Revenue Officer exercises any power vested in it or in
him by or under this Act.
37. Public servants indemnified
for acts done under this Act.– No suit shall lie against any public servant for
anything done by him in good faith under this Act.
38. Legalization
of orders passed previous to the Act.– (1) Any act hitherto done or
order passed by the [78][Provincial
Government] or by an officer holding the post of Colonization Officer,
Assistant Colonization Officer or Settlement Commissioner, or exercising the
powers of an Assistant Collector or of a Revenue Officer of higher class within
any area to which the Government Tenants (Punjab) Act, 1893[79], has
been applied or to which this Act may hereafter be applied, which is not
contrary to the provisions of this Act, shall be deemed to have been done or
passed under this Act.
(2) In particular and without prejudice to the generality of the foregoing sub-section, no right of occupancy or right of ownership and no condition applicable thereto shall be invalidated by reasons of–
(i) the right having been granted before the
particulars regarding it have been entered in a prescribed register; or
(ii) the
prescribed register not having been signed by the tenant; or
(iii) the prescribed statement of conditions having been affixed to the
prescribed register instead of being prefixed thereto:
Provided that if the register has not been signed by the tenant, the statement of conditions applicable to the tenancy shall be deemed to be that which was in force for tenancies of the same description at the time when the land was allotted.
Schedule I
List of
excepted tenancies referred to in Section 4
A.– In the
(1) Camel-owning
tenants.
(2) Camel-owning
Chaudhries.
(3) Village
headmen, ordinary.
(4) Village
headmen, mule-breeding.
(5) Tree-planting
tenants.
(6) Village
menials.
B.– In the
(1) Horse-breeding
tenants.
(2) Horse-breeding
nazrana-paying tenants.
(3) Village
headmen.
(4) Tree-planting
tenants.
(5) Village
menials.
C.– In the Lower Sohag Para Colony the tenancies of tenants holding
on the conditions applicable to–
Village headmen.
Schedule II
(Referred
to in Section 30)
Conditions applicable to grantees who acquire proprietary right
1. Exceptions of channels, rights
to minerals, etc.– The [80][Government]
does not grant to grantee but hereby absolutely excepts and reserves to itself out
of and in respect of the said lands (1) all grounds situate in the said lands
or any part thereof already marked out, excavated or otherwise utilized for the
distributary channels, and (2) all existing rights to and over all mines and
minerals, coals, gold-washing, earth-oil and quarries in or under the said
lands or any part thereof, together with all easements heretofore enjoyed by
the [81][Government]
in respect of the said lands or any part thereof. And it likewise excepts and
reserves the right of the public to use existing thoroughfares traversing the
said lands or any part thereof including a width of 1½ kadams on either side of survey base line, and also any lines of
road which, though not yet made, have been marked out upon the ground.
2. Power of the Government entry
to search for minerals, etc.– The grantee shall at all times
permit the [82][Servant
of the State] to enter and do all acts and things that may be necessary and
expedient for the purpose of searching for, working, getting or carrying away
any such mines and minerals, coals, gold-washing, earth-oil and quarries, and
for the full enjoyment of the ground and of the rights here-in-before reserved
to the [83][Government]
to and over all mines and coals, gold-washing, earth-oil, quarries and easements
in or minerals, under the said lands and all parts thereof.
3. Compensation for damage by entry.– The Government agrees to
pay the grantees compensation for all damage occasioned by the exercise of the
rights reserved to itself in clauses 1 and 2. Such compensation shall be
assessed by the Collector, and if the grantee is not satisfied with the finding
of the Collector, he may appeal to the [84][Commissioner].
4. Demarcation of boundaries.– The grantee shall duly
comply with such directions as the Collector shall from time to time issue
requiring him to construct boundary marks on the limits of the said lands or
any part thereof, and shall keep them when erected in good repairs to the
satisfaction of the Collector.
5. Arbitration.– In the event of any dispute
arising between the [85][Provincial Government] and
the grantee as to the property and rights hereby reserved to [86][Government], or as to any
matter in any way relating thereto, or as to any of the conditions of the
grant, or as to any matter or thing any wise connected therewith, the said
dispute shall be referred for the opinion of the [87][Commissioner] whose
decision shall be final and conclusive between the [88][Provincial Government] and
the grantee.
[1]For statement of objects and
reasons, see Punjab Gazette, 1910,
Part V, page 176; for Report of the Select Committee, see Punjab Gazette, 1911, Part V, page 429, and ibid., 1912, Part V, page 85; for
Proceedings in Council, see ibid.,
1910, Part V, page 188, ibid., 1911,
Part V, page 420, and ibid., Part V,
pages 50 and 135.
[2]Substituted by the
Colonization of Government Lands (Punjab) (
[3]Substituted by the
[4]Substituted by the
Colonization of Government Lands (Punjab) (
[5]Substituted for the words “
[6]Substituted, for the words
“Financial Commissioner”, by the
[7]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[8]Substituted by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3, Schedule
III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government” which were previously Substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[9]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[10]Substituted, for the words,
“the Crown”, by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Part II.
[11]Ibid.
[12]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government” which were previously Substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[13]Substituted by the
Colonization of Government Lands (Punjab) (
[14]Substituted by
[15]Added by section 2 of the
Colonization of Government Lands (
[16]Substituted
for the words “Local Government”, by the Government of
[17]III of 1893.
[18]Substituted for the words
“Local Government”, by the Government of
[19]Substituted ibid., for the words “property of
Government”.
[20]Substituted, for the “Crown
for the purposes of the Province”, by West Pakistan Laws (Adaptation) Order
1964, section 2 (I), Schedule Pt. II.
[22]Substituted
for the words “Local Government”, by the Government of
[23]The words “without the
previous sanction of the Governor-General in Council” omitted by the Devolution
Act, 1929 (XXXVIII of 1929).
[24]Substituted,
for the words “Local Government”, by the Government of
[26]Substituted by the
Colonization of Government Lands (Punjab) (
[28]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “
[29]Substituted by the Colonization
of Government Lands (Punjab) (
[30]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “
[31]XVII of 1967.
[32]XVI of 1887.
[33]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “
[34]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “
[35]XVII of 1887.
[36]Deleted by the Colonization of
Government Lands (Punjab) (
[37]Ibid.
[38]Substituted by W.P. Act XVI of
1957, section 3, Schedule III (as amended by W.P. Ordinance XXXI of 1961), for
the words “Provincial Government” which were previously Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order,1937.
[39]Substituted, for the word
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order,1937.
[40]Substituted, for the words
“Financial Commissioner”, by the
[41]Substituted, for the word
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order,1937.
[42]III of 1893.
[43]Ibid.
[44]Substituted, for the words
“the Crown” by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule Pt. II.
[45]III of 1893.
[46]XVI of 1887.
[47]Inserted by Colonization of
Government Lands (
[48]Substituted, for the words
“the Crown” by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule Pt. II.
[49]Ibid, for the words “officers of
the Crown”.
[50]Proviso
deleted by the Colonization of Government Lands (Punjab Amendment) Ordinance,
1978 (XII of 1978).
[51]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[52]III of 1893.
[53]Substituted for the words and brackets
“Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[54]Added by Colonization of
Government Lands (
[55]Substituted by the
Colonization of Government Lands (
[56]Inserted by the Colonization
of Government Lands (Punjab Amendment) Act, 1941 (XIII of 1941), section 2.
[57]Substituted
by the Colonization of Government Lands (
[58]Substituted for the words
“five thousand rupees” by the Colonization of Government Lands (
[59]Added by the Colonization of
Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 2 (a).
[60]Ibid.
[61]Sub-section (2) omitted ibid, section 2 (b).
[62]Substituted,
for the word “Crown”, by West Pakistan Laws (Adaptation) Order, 1964 section
2(I) Schedule Part II.
[63]Substituted ibid., for the words “the Crown”.
[64]III of 1893.
[65]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government”, which were previously substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[66]Section 30 renumbered as
sub-section (1) by the Colonization of Government Lands (Punjab Amendment)
Ordinance, 1978 (XII of 1978).
[67]III of 1893.
[68]Substituted, for the word
“Government”, by the Government of
[69]Added by the Colonization of
Government Lands (
[70]Inserted by the Colonization
of Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 3.
[71]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Pt. II.
[72]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government”, which were previously Substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[73]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Pt. II.
[74]Substituted by the Colonization
of Government Lands (
[75]Substituted by the
Colonization of Government Lands (Punjab) (
[76]Substituted, for the words
“Local Government”, by the Government of
[77]Inserted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section
3, Schedule III, as amended by the
[78]Substituted, for the words
“Local Government”, by the Government of
[79]III of 1893.
[80]Substituted, for the words
“the Crown”, by West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule Pt. II.
[81]Ibid.
[82]Substituted by West Pakistan
Laws (Adaptation) Order 1964, for the words “Officer of the Crown”.
[83]Substituted, for the words
“Local Government”, by the Government of
[84]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[85]Substituted, for the words “the Crown”, by the West
Pakistan Laws (Adaptation) Order, 1964.
[86]Substituted ibid., for the words “Officer of the
Crown”.
[87]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[88]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for the words “the Crown”.