Updated: Saturday July 06, 2013/AsSabt
Sha'ban 28, 1434/Sanivara
Asadha 15, 1935, at 09:38:11 AM
The
SECTIONS
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CONTENTS |
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Preliminary
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1. |
Short title,
extent and commencement |
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2. |
Definitions |
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2-A |
Application
of Act to Section 53, and 54, Act XVI, 1887 |
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Permanent Alienation of Land
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3. |
Sanction of
Deputy Commissioner required to certain permanent alienations |
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4. |
Agricultural
tribes |
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5. |
Saving for
rights in land alienated |
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Temporary Alienations of Land |
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6. |
Forms of
mortgage permitted in certain cases |
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7. |
Rules applying
to permitted mortgages |
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8. |
Conditions in
permitted mortgages |
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9. |
Power to
revise mortgage made in form not permitted |
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10 |
Future
mortgage by way of conditional sale not permitted |
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11. |
Leases and
farms |
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12. |
Restriction
on power to make further temporary alienation |
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13. |
Ejectment of
mortgagee, lessee or farmer remaining in possession after term |
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General Provisions |
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14. |
Effect of
permanent alienation made without sanction |
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15. |
Sanction of
Deputy Commissioner required to certain alienations of or charges on, produce
of land |
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16. |
Execution
sale of land forbidden |
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17. |
Registration |
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18. |
Record-of-rights
and annual record |
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19. |
Application
of certain provisions of the Punjab Land-Revenue Act, 1887 |
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20. |
Appearance of
legal practitioners forbidden |
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21. |
Jurisdiction
of Civil Courts excluded |
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21-A. |
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22 |
Repealed |
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23. |
Exercise of
powers of Deputy Commissioner |
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24 |
Exemption |
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25 |
Power to make
rules |
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The
(XIII of 1900)
19th October, 1900
An act to
amend the relating to agricultural land in the
WHEREAS it
is expedient to amend the law relating to agricultural land in the
PRELIMINARY
1.
Short title, extent and commencement:---
(1) This Act
may be called the West Punjab Alienation of Land Act.
(2) It extends
to the
(3) It shall come
into force on such day as the Federal Government may, by notification in the
official Gazette, direct.
2. Definitions:
In this Act, unless there is anything repugnant in the subject or context,-
(1) Repealed
(2) all
expressions which are defined by Section 4 of the Punjab Tenancy Act, 1887, or
by Section 1[4] of the Punjab Land Revenue Act, 2["1967(XVII
of 1967)"], shall, subject to the provisions of this Act, have the meaning
assigned to them in the said sections respectively; and the expressions
'record-of-rights' and 3["periodical"] record' shall
have the meanings assigned to them respectively in Chapter 4[VI] of
the said last-mentioned Act ;
(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
subservient to agriculture or for pasture, and includes -
(a) the sites of buildings and
other structures on such land ;
(aa) any rights of
occupancy acquired under the Punjab Tenancy Act, 1887, the Hazara Tenancy
Regulation, 1887 or the Agror Valley Regulation, 1891, as the case may be ;
(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
land-owner to a superior land-owner ;
(d)
a right to receive rent ;
(e)
any right to water enjoyed by the owner or occupier of land as such ;
(f)
any right of occupancy ; and
(g)
all trees standing on such land ;
(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 authorizes 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; and
(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.
Legal Amendments
1. Substituted the
2.
Substituted Ibid
3.
Substituted Ibid
4.
Substituted Ibid
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, when a landlord makes a
claim to exercise the rights thereby conferred upon him the provisions of this
Act shall apply thereto.
3.
Sanction of “District Officer (Revenue)’’ required to certain permanent
alienations: (1) 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
(b)
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.
(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 hereto by a ‘‘ District Officer (Revenue)’’:
Provided that,---
(1) sanction may be given after the act of alienation
is otherwise completed, and
(a) a sale of a right of occupancy by a tenant to his
landlord, or
(b)
a gift made in good faith for a religious or charitable purpose, whether inter
vivos or by will.
(3) The ‘‘ District Officer (Revenue)’’shall inquire
into the circumstances of the alienation and shall have discretion to grant of
refuse the sanction required by sub-section (2).
4.
Agricultural tribes: The Provincial
Government shall, by notification in the official Gazette, 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.
5.
Saving for rights in land alienated:
When a ‘‘ District Officer (Revenue)’’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 ALIENATIONS 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 authorizes 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 ‘‘ District Officer (Revenue)’’to place him in possession for such term,
not exceeding twenty years, as the ‘‘ District Officer (Revenue)’’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 ‘‘ District Officer (Revenue)’’thinks reasonable ; or
(c) in the
form of a written usufructuary mortgage by which the mortgagor recognizes 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 ; or
(d) in any
from which the Provincial Government 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 such of
money as the “District Officer (Revenue)’’considers to be reasonable.
(3) The Deputy Commissioner, if he accepts the
application of a mortgagee under subsection (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, m the
case of a mortgage in form (a) or form (b), of such proportion of the
mortgage-debt as the ‘‘ District Officer (Revenue)’’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 ;
(5) if a mortgagor who has applied to the ‘‘ District
Officer (Revenue)’’under sub-section (3) proves to the satisfaction of the ‘‘
District Officer (Revenue)’’that he has paid the mortgage-debt or such
proportion of the mortgage debt as the ‘‘ District Officer (Revenue)’’has
determined to be equitable, or deposits with the ‘‘ District Officer
(Revenue)’’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 ‘‘ District
Officer (Revenue)’’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 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
and ; and
(c) any
condition which the Provincial Government 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 a void.
9. Power to revise
mortgagere made in form not permitted.-(1) If a member of an agricultural
tribe makes a mortgagere of his land in any manner or form not permitted by or
under this Act, the “District Officer (Revenue)’’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 ‘‘ District Officer (Revenue)’’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 “District Officer (Revenue)’’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 ‘‘ District Officer (Revenue)’’with a view to the exercise of the
power conferred by the sub-section applying thereto.
[(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 ‘‘ District Officer (Revenue)’’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 ‘‘ District
Officer (Revenue)’’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 “District Officer (Revenue)’’may for
any reason which he deems sufficient set aside any ex parte proceedings taken
under this sub-section.]
10. Future mortgage by way or
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 oh
power to make further temporary alienation.-(1) During the currency of a mortgage made under section 6 in form (a)
or from (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 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 ‘‘ District Officer (Revenue)’’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.
14. Effect of
permanent alienation made without sanction.-Any permanent alienation which under section 3 is not to take effect
as such until the sanction of a ‘‘ District Officer (Revenue)’’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 ‘‘ District
Officer (Revenue)’’considers to be reasonable.
15. Sanction of “istrict Officer (Revenue)’’required
to.-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 ‘‘ District Officer (Revenue)’’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.
[(2) Nothing in this
section shall affect the right of [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 Indian Registration Act, III of 1877, or in any rule made under
section 69 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 “District Officer (Revenue)’’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 Deputy Commissioner, a person claims to have acquired a right the
acquisition whereof he is bound to report under section 1[42] of the
Punjab Land-Revenue Act, XVII of 2["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 3["periodical"] record
until he produces such evidence of the order by which such sanction is given as
may be required by 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 4["periodical"]
record.
Legal Amendments
1. Substituted by The
Punjab Alination o Land (Amendment) Ordinance, 2001 (Pb Ord
XXXVI of 2001) for 34
2.
Substituted ibid for the words of Punjab Land revenue Act, 1887
3.
Substituted ibid for the words Annual
4.
Substituted ibid for the words Annual
19. Application of
certain provisions of the Punjab Land Revenue Act, 1887.-'Subject to the
provisions of this Act, the provisions of Chapter 1[III] of the
Punjab Land-Revenue Act, 2["1967(XVII of 1967)"]. , shall, in so far as they are applicable, apply to the
proceedings of Revenue officers under this Act.
Legal Amendments
1.
Substituted by The Punjab Alination Of Land (Amendment) Ordinance, 2001 (Pb
Ord XXXVI of 2001) for the words of Chapter II
2.
Substituted ibid for the words of Punjab Land revenue Act, 1887.
20. Appearance of
legal practitioners forbidden.-No
legal practitioner shall appear on behalf of party interested in any proceeding
before a Revenue Land this Act.
Explanation.--The
term 'legal practitioner' in includes mukhtar.
21. Jurisdiction
of Civil Courts excluded.-(1) A Civil
Court shall not have jurisdiction in any matter which the [Provincial
Government! or a Revenue-Officer is empowered by this Act to. dispose of.
(2) No Civil Court shall take cognizance of the matter
in which the [Provincial Government] or any Revenue Officer exercises any power
vested in it or in him by order under this Act.
[21-A. Civil Court to send copy of decree of order
to Deputy Commissioner.-(1) Notwithstanding anything contained in the 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 ‘‘ District
Officer (Revenue)’’a copy of such decree or order.
(2) Action
to be taken by ‘‘ District Officer (Revenue)’’when decree or order passed
contrary to Act.-When it appears to the ‘‘ District Officer (Revenue)’’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 ‘‘ District Officer (Revenue)’’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 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 ‘‘ District Officer (Revenue)’’is informed of such decree or order.
(3) When any
such Appellate Court passes an order, rejecting such application, the ‘‘
District Officer (Revenue)’’may, within two months after the date upon which he
is informed of such order, apply to the [High Court] for revision thereon.
(4) Every Civil
Court which passed an order on any application made under this section shall
forthwith send a copy thereof to the Deputy Commissioner.
(5) No stamp
shall be required upon such applications, and the provisions of the Code of
Civil Procedure 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 “District Officer (Revenue)’’shall be
deemed necessary for the disposal of the application.]
22.
[Addition to section 77 of Act XVI of 1887.] Rep. by the Repealing Act,
1938 (I of 1938), S. 2 and Schedule.
23. Exercise of powers of Deputy
Commissioner.-The powers conferred by this Act upon a “District Officer
(Revenue)’’may be exercised by a Revenue-officer of higher rank, or by any
officer authorised by the Provincial Government] in this behalf.
24. Exemption.-The Provincial
Government [* * *] may, by notification in the [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 makes rules.-(1) The
[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
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.
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