The Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars Act, 2012 (Punjan Act No. XXVII of 2012)

Updated: Tuesday April 29, 2014/AthThulatha Jamada El Thaniah 29, 1435/Mangalavara Vaisakha 09, 1936, at 03:49:40 PM

^{^[1]}^[1]The Punjab Conferment of Proprietary Rights on Occupancy Tenants and Muqarraridars Act, 2012

(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 Punjab.

(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][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.