THE
(Act XXVII of 2012)
C
O N T E N T S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. Conferment
of proprietary rights.
4. Remedy of a
landlord.
5. Appeal.
6. Bar
of jurisdiction.
7. Act to override other laws.
8. Rules.
[1]THE
(Act XXVII
of 2012)
[11 February
2012]
An
Act to confer proprietary
rights on
occupancy tenants and muqarraridars.
Preamble.– Whereas it is expedient to confer
proprietary rights on occupancy tenants and muqarraridars in respect of land in
their possession and in conformity with the injunctions of Islam as set out in
the Holy Quran and Sunnah;
It is enacted as follows:-
1. Short title, extent and commencement.– (1) This Act may be cited as the
Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars
Act 2012.
(2) It
shall extend to the whole of the
(3) It
shall come into force at once.
2. Definitions.–
(1) In this Act–
(a) “land”
means the land in occupation of a muqarraridar or an occupancy tenant according
to the revenue record; and
(b) “occupancy tenant” means a tenant having the
right of occupancy under Chapter II of the Punjab Tenancy Act 1887 (XVI of
1887).
(2) A
word or expression used in this Act but not defined shall mean the same as in
the Punjab Tenancy Act 1887 (XVI of 1887).
3. Conferment of proprietary rights.– (1) Subject to
section 4, an occupancy tenant or muqarraridar shall be deemed to be the owner
of the land.
(2) The
Revenue Officer shall enter in the revenue record the name of the occupancy
tenant or the muqarraridar as the owner of the land.
(3) No
person shall claim any compensation from an occupancy tenant, a muqarraridar or
the Government for conferment of ownership of the land on the occupancy tenant
or the muqarraridar.
4. Remedy of a landlord.–
(1) A landlord may, within six months from the date of coming into force of
this Act, file an application before the Collector on the ground that the land
was originally brought under cultivation by a predecessor-in-interest of the
landlord.
(2) If
the Collector is satisfied that the land was originally brought under
cultivation by a predecessor-in-interest of the landlord, he shall pass order
as he deems appropriate.
5. Appeal.–
(1) A person, aggrieved by any final order of the Collector, may, within thirty
days of the order, file an appeal before an officer authorized by the
Government.
(2) Subject
to this Act, the order of the Collector or the appellate authority shall be
final.
6. Bar of jurisdiction.– A civil court
shall not entertain a suit or an application against any proceedings taken or
order made under this Act.
7. Act to override other laws.– The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the time being in force.
8. Rules.– The
Government may make rules for giving effect to the provisions of this Act.
[1]This
Act was originally passed by the Provincial Assembly on 22 December 2011 and
was sent to the Governor for assent, but the Governor returned the Bill for
reconsideration by the Assembly. The Provincial Assembly again passed it on 26
January 2012. Since the Governor did not assent to the Bill within the
stipulated period of ten days, the same was deemed to have been assented to in
terms of clause (3) of Article 116 of the Constitution and was published in the
Punjab Gazette (Extraordinary), dated 11 February 2012, pages 40175-76.