Updated: Saturday May 12, 2012/AsSabt
Jamada El Thaniah 21, 1433/Sanivara
Vaisakha 22, 1934, at 09:15:44 PM
The
(Act
XVI of 1887)
C O
N T E N T S
CHAPTER
1
PRELIMINARY
Sections
1. Title, extent and commencement.
2. [Repealed]
3. [Repealed]
4. Definitions.
CHAPTER
II
RIGHT
OF OCCUPANCY
5. Tenants having right of occupancy.
6. Right of occupancy of other tenants
recorded as having the right before passing of Punjab Tenancy Act, 1868.
7. Right of occupancy in land taken in
exchange.
8. Establishment of right of occupancy on
grounds other than those expressly stated in Act.
9. Right of occupancy not to be acquired
by mere lapse of time.
10. Right of occupancy not to be acquired
by joint owner in land held in joint ownership.
11. Continuance of existing occupancy
rights.
CHAPTER III
RENT
Rents generally
12. Respective rights of land-lord and
tenant to produce.
13. Commutation and alteration of rent.
14. Payments for land occupied without
consent of landlord.
15. Collection
of rents of undivided property.
15-A. Rights and liabilities regarding rent
and government dues.
Produce
rent
16. Presumption with respect to produce
removed before division or appraisement.
17. Appointment of referee for division or
appraisement.
18. Appointment of assessors and procedure
of referee.
19. Procedure after division or
appraisement.
20. Enhancement of produce rents of
occupancy tenants.
21. Reduction of rents referred to in the
last foregoing section.
Cash-rents
paid by tenants
having
rights of occupancy
22. Enhancement of cash rents of occupancy
tenants.
23. Reduction of rent referred to in the
last foregoing section.
General provisions relating to suits
for
enhancement or reduction of rent
24. Enhancement and reduction of rent by
suit.
25. Discretion as to extent of enhancement
or reduction.
26. Time for enhancement or reduction to
take effect.
Adjustment
of rents expressed
in
terms of the land-revenue.
27. Adjustment of rents expressed in terms
of the land revenue.
Adjustment
of rents paid by occupancy tenants
in
Attock District.
27-A. Adjustment of rents paid by occupancy
tenants in Attock District.
Alteration
of rent on alteration of area
28. Alteration of rent on alteration of
area.
Remission
29. Remission of rent by Courts decreeing
arrears.
30. Remission and suspension of rent
consequent on like treatment of land revenue.
Deposits
31. Power to deposit rent in certain cases
with Revenue Officer.
32. Effect of depositing rent.
Recovery
of rent from attached produce
33. Recovery of rent from attached produce.
Leases
for period exceeding term
of
assessment of land revenue
34. Treatment of leases for period
exceeding or equal to term of assessment of land revenue.
CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND
EJECTMENT
Relinquishment
35. Relinquishment by tenant for a fixed
term.
36. Relinquishment by any other tenant.
37. Relinquishment of part only of a
tenancy.
Abandonment
38. Abandonment of tenancy by occupancy
tenant.
Liability
to ejectment
39. Grounds of ejectment of occupancy
tenant.
40. Grounds of ejectment of tenant for a
fixed term.
41. Ejectment of tenant from year to year.
Procedure
on ejectment
42. Restriction on ejectment.
43. Application to Revenue Officer for
ejectment.
44. Ejectment for failure to satisfy decree
for arrear of rent.
45. Ejectment of tenant from year to year
by notice.
46. Power to make rules.
General
provisions respecting ejectment
47. Time for ejectment.
48. Relief against forfeiture.
49. Rights of ejected tenants in respect of
crops and land prepared for sowing.
Relief
for wrongful dispossession
50. Relief of wrongful dispossession or
ejectment.
50-A. Bar to civil suits.
51. Bar of relief by suit under section 9,
Act I of 1877.
Power
to vary dates prescribed by this Chapter
52. Power of Provincial Government to fix
dates for certain purposes.
CHAPTER V
ALIENATION OF, AND SUCCESSION TO, RIGHT OF
OCCUPANCY
Alienation
52-A. Provisions of Chapter V not to apply to
muqarraridars.
53. Private transfer of right of occupancy
under section 5 by tenant.
54. Procedure on foreclosure of mortgage of
right of occupancy under section 5.
55.
56. Transfer of right of occupancy under
any other section than section 5.
57. Rights and liabilities of transferee of
right of occupancy.
58. Sub-letting.
58-A. Transfer of right of occupancy under
any section of the Act by exchange.
Succession
59. Succession to right of occupancy.
Irregular
transfers
60. Irregular transfer of right of
occupancy.
CHAPTER V-A
Succession to Non-occupancy
Tenancies.
60-A. Succession to non-occupancy tenancies.
CHAPTER VI
IMPROVEMENTS AND COMPENSATION
Improvements by landlords
61. Improvements by landlords on tenancies
of occupancy tenants.
62. Enhancement of rent in consideration of
an improvement made by a landlord on the tenancy of an occupancy tenant.
Improvements
by tenants
63. Title of occupancy tenant to make
improvements.
64. Title of tenants not having right of
occupancy to make improvements.
65. Improvements made before commencement
of this Act.
66. Improvements begun in anticipation of
ejectment.
67. Tender of lease for twenty years to
tenant to be a bar to right to compensation.
68. Liability to pay compensation for
improvements to tenants on ejectment or on enhancement of his rent.
Compensation
for disturbance of clearing tenants
69. Compensation for disturbance of
clearing tenants.
Procedure
in determining compensation
70. Determination of compensation by
71. Determination of compensation by
Revenue Officers.
72. Matters to be regarded in assessment of
compensation for improvements.
73. Form of compensation.
Relief
in case of ejectment before
determination
of compensation
74. Relief in case of ejectment before
determination of compensation.
CHAPTER VII
JURISDICTION AND PROCEDURE
Jurisdiction
75. Revenue Officers.
76. Applications and proceedings cognizable
by Revenue Officers.
77. Revenue Courts and suits cognizable by
them.
Procedure where revenue
matter is raised in a
Administrative
control
78. Superintendence and control of Revenue
Officers and Revenue Courts.
79. Power to distribute business and
withdraw and transfer cases.
Appeal,
Review And Revision
80. Appeals.
81. Limitation for appeals.
82. Review by Revenue Officers.
83. Computation of periods limited for
appeals and applications for review.
84. Power to call for, examine and revise
proceedings of Revenue Officers and Revenue Courts.
Procedure
85. Procedure of Revenue Officers.
86. Persons by whom appearances may be made
before Revenue Officers as such and not as Revenue Courts.
87. Costs.
88. Procedure of Revenue Courts.
89. Power of Revenue Officer or
90. Mode of service of summons.
91. Mode of service of notice, or order or
proclamation or copy thereof.
92. Additional mode of publishing
proclamation.
93. Joinder of tenants as parties to
proceeding relating to rent.
94. Exception of suits under this Act from
operation of certain enactments.
95. Payment into Court of money admitted to
be due to a third person.
96. Execution of decree for arrears of
rent.
97. Prohibition of imprisonment of tenants
in execution of decrees for arrears of rent.
98. Power to refer party to
99. Power to refer to High Court questions
as to jurisdiction.
100. Power of High Court to validate
proceedings held under mistake as to jurisdiction.
Miscellaneous
101. Place of sitting.
102. Holidays.
103. Discharge of duties of Collector dying
or being disabled.
104. Retention of powers by Revenue Officer
on transfer.
105. Conferment of powers of Revenue Officer
or
106. Power of Board of Revenue to make
rules.
107. Rules to be made after previous
publication.
108. Powers exercisable by Board of Revenue
from time to time.
CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND
AGREEMENTS
109. Nullity of certain entries in
records-of-rights.
110. Nullity of certain agreements contrary
to the Act.
111. Saving of other agreements when in
writing.
112. Effect of certain entries made in
records-of-rights before November, 1871.
113. Nothing but rent or seed supplied
recoverable.
114. Extinction of occupancy tenancies.
114-A. Extinction of Muqarraridari
rights.
114-B. Removal of doubts.
115. Limits of holding for personal
cultivation.
116. Offences.
THE
SCHEDULE
[Repealed]
THE
(Act XVI of
1887)
[23 September 1887]
An Act to amend the
law relating to the tenancy of land in the
WHEREAS
it is expedient to amend the law relating to the tenancy of land in the
It
is hereby enacted as follows:-
CHAPTER 1
PRELIMINARY
1. Title, extent and commencement.– (1) This Act may be called the Punjab
Tenancy Act, 1887.
[1][1][(2) It
extends to the whole of the
(3) It shall come into force on such day as
the [2][2][Provincial Government], by notification,
appoint in this behalf.
2. [Power to make rules in
anticipation of commencement]. Repealed
by the Repealing and Amending Act, 1891 (XII of 1891], section 2(1).
3. [Repeal]. Repealed by the Repealing and Amending Act, 1891 (XII of 1891)].
4. Definitions.– In this Act, unless there
is something repugnant in the subject or context:-
(1) “Land”
means land which is not occupied as the site of any building in a town or
village and is occupied or has been let for agricultural purposes or for
purposes subservient to agriculture or for pasture, and includes the sites of
buildings and other structures on such land:
[3][3][(1-A) “Government”
shall, unless the context otherwise provides, mean the Provincial Government]:
(2) “pay”,
with its grammatical variations and cognate expressions, includes, when used
with reference to rent, “deliver” and “render”, with their grammatical
variations and cognate expressions:
(3) “rent” means whatever is payable to a
land-lord in money, kind or service by a tenant on account of the use or
occupation of land held by him; [4][4][but it shall not include any cess, village
cess or other contribution or due or any free personal service]:
(4) “arrear of rent” means rent which
remains unpaid after the date on which it becomes payable:
(5) “tenant” means a person who holds land
under another person, and is or but for a special contract would be, liable to
pay rent for that land to that other person: but it does not include–
(a) [5][5][* * * * *
* * * * * *]
(b) a
mortgagee of the rights of a land-owner, or
(c) a
person to whom a holding has been transferred, or an estate or holding has been
let in farm, under the Punjab Land Revenue Act, [6][6][1967], for the recovery of an arrear of land
revenue or of a sum recoverable as such an arrear, or
(d) a
person who takes from the [7][7][Government] a lease of unoccupied land for
the purpose of sub-letting it:
(6) “land-lord” means a person under whom a
tenant holds land, and to whom the tenant is or but for a special contract
would be, liable to pay rent for that land:
(7) “tenant” and “land-lord” include the
predecessors and successors-in-interest of a tenant and land-lord,
respectively:
(8) “tenancy” means a parcel of land held by
a tenant of a land-lord under one lease or one set of conditions:
(9) “estate”,
“land-owner” and “holding” have the meanings respectively assigned to those
words in the Punjab Land Revenue Act, [8][8][1967]:
(10) “land revenue” means land revenue assessed
under any law for the time being in force or assessable under the Punjab Land
Revenue Act, [9][9][1967], and includes–
(a) any rate imposed in respect of the increased value of land due to
irrigation; and
(b) any sum payable in respect of land, by way of quitrent or of
commutation for service, to the [10][10][Government] or to a person to whom the [11][11][Government] has assigned the right to
receive the payment:
(11) “rates and cesses” means rates and cesses
which are primarily payable by land-owners, and includes–
(a) [12][12][* * * * *
* * * * * *]
(b) the local rate, if any, payable under the [13][13][Punjab Local Government Ordinance, 2001];
(c) any annual rate chargeable on owners of lands under section 59 of
the[14][14][* * *]
Canal and Drainage Act, 1873;
(d) the [15][15][* * *] village officer’s, cesses; and
(e) sums payable on account of village expenses:
[16][16][(12) “village
cess” means any cess, contribution or due which is customarily leviable, from
land-owners and non-land-owners alike, within an estate for the common purposes
of the inhabitants thereof, and is neither a payment for the use of any private
property or for personal service, nor imposed by or under any enactment for the
time being in force, and does not mean any cess, contribution or due leviable,
for the benefit of any individual residents or class of residents in the
estate, or in relation to any property which is not meant for the common use of
all the residents:
Explanation– If any question arises
whether any cess, contribution or due is or is not a village cess, the decision
of the [17][17][Board of Revenue] shall be conclusive and shall
not be liable to be questioned in any Court]:
(13) “Village Officer”
means a chief headman, headman or Patwari:
(14) “Revenue Officer”
or “
(15) “Jagirdar” includes any person, other than a
village servant, to whom the land revenue of any land has been assigned in
whole or in part [18][18][by the Government] or by [19][19][a servant of the State]:
(16) “legal practitioner” means any legal
practitioner within the meaning of the Legal Practitioners Act, 1879, except a
mukhtar:
(17) “agricultural year”
means the year commencing on the sixteenth day of June, or on such other date
as the [20][20][Provincial Government] may, by notification
appoint for any local area:
(18) “notification”
means a notification published by authority of the [21][21][Provincial Government] or [22][22][the Board of Revenue] in the Official Gazette:
(19) “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, levelling, 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
land-lord’s property; and
[23][23][(20) “Muqarraridar”
means any person who holds land in [24][24][the Attock and Rawalpindi District] and who, on
the date of the commencement of the Punjab Tenancy (Amendment) Act, 1952, was
recorded in the revenue records as muqarraridar in respect of such land or who,
after the said date, was so recorded with his consent and the consent of the
proprietor of such land and includes the successors-in-interest of a
muqarraridar.
CHAPTER II
RIGHT OF OCCUPANCY
5. Tenants having right of occupancy.– (1) A tenant–
(a) who
at the commencement of this Act has, for more than two generations in the male
line of descent through a grandfather or grand uncle and for a period of not
less than twenty years, been occupying land paying no rent therefore beyond the
amount of the land revenue thereof and the rates and cesses for the time being
chargeable thereon, or
(b) who
having owned land, and having ceased to be land-owner thereof otherwise than by
forfeiture to the Government or than by any voluntary act, has, since he ceased
to be land-owner, continuously occupied the land, or
(c) who,
in a village or estate in which he settled alongwith, or was settled by, the
founder thereof as a cultivator therein, occupied land on the twenty-first day
of October, 1868, and has continuously occupied the land since that date, or
(d) who,
being jagirdar of the estate or any part of the estate in which the land
occupied by him is situate, has continuously occupied the land for not less
than twenty years, or having been such jagirdar, occupied the land while he was
jagirdar and has continuously occupied it for not less than twenty years,
has a right of occupancy in the land so
occupied, unless, in the case of a tenant belonging to the class specified in
clause (c), the land-lord proves that the tenant was settled on land previously
cleared and brought under cultivation by, or at the expense of, the founder.
(2) If a tenant proves that he has
continuously occupied land for thirty years and paid no rent therefor beyond
the amount of the land revenue thereof and the rates and cesses for the time
being chargeable thereon, it may be presumed that he has fulfilled the
conditions of clause (a) of sub-section (1).
(3) The words
in that clause denoting natural relationship denote also relationship by
adoption, including therein the customary appointment of an heir and
relationship, by the usage of a religious community.
6. Right of
occupancy of other tenants recorded as having the right before passing of
Punjab Tenancy Act, 1868.– A tenant recorded in a record-of-rights sanctioned by
the [25][25][Provincial Government], before the twenty-first
day of October, 1868, as a tenant having a right of occupancy in land which he
has continuously occupied from the time of the preparation of that record,
shall be deemed to have a right of occupancy in that land unless the contrary
has been established by a decree of a competent Court in a suit instituted
before the passing of this Act.
7. Right of occupancy in land taken in
exchange.– If the tenant has
voluntarily exchanged the land, or any portion of the land, for merely occupied
by him for other land belonging to the same land-lord, the land taken in
exchange shall be held to be subject to the same right of occupancy as that to
which the land given in exchange would have been subject if the exchange had
not taken place.
8. Establishment
of right of occupancy on grounds other than those expressly stated in Act.– Nothing in the
foregoing sections of this Chapter shall preclude any person from establishing
a right of occupancy on any ground other than the grounds specified in those sections.
9. Right of occupancy not to be acquired
by mere lapse of time.– No
tenant shall acquire a right of occupancy by mere lapse of time.
10. Right of occupancy not to be acquired by
joint owner in land held in joint ownership.– In the absence of a custom to the contrary, no one of several joint
owners of land shall acquire a right of occupancy under this Chapter in land
jointly owned by them.
11. Continuance of existing occupancy rights.– Notwithstanding anything in the foregoing
sections of this Chapter, a tenant who immediately before the commencement of
this Act has a right of occupancy in any land under an enactment specified in
any line of the first column of the following table shall, when this Act comes
into force, be held to have, for all the purposes of this Act, a right of
occupancy in that land under the enactment specified in the same line of the
second column of the table:-
|
This Act |
||||
|
First Column |
Second column |
|||
|
Section |
Clause |
Section |
Sub-section |
Clause |
|
5 |
(1) |
5 |
(1) |
(a) |
|
5 |
(2) |
5 |
(1) |
(b) |
|
5 |
(3) |
5 |
(1) |
(c) |
|
5 |
(4) |
5 |
(1) |
(d) |
|
6 |
.. |
6 |
.. |
.. |
|
8 |
.. |
8 |
.. |
.. |
CHAPTER III
RENT
Rents generally
12. Respective rights of land-lord and tenant to
produce.– (1) The rent for
the time being payable in respect of a tenancy shall be the first charge on the
produce thereof.
(2) A tenant shall be entitled to tend, cut
and harvest the produce of his tenancy in due course of husbandry without any
interference on the part of his land-lord.
(3) Except where rent is taken by division
of the produce, the tenant shall be entitled to the exclusive possession of the
produce.
(4) Where rent is taken by division of the
produce:-
(a) the
tenant shall be entitled to the exclusive possession of the whole produce until
it is divided;
(b) the
land-lord shall be entitled to be present at, and take part in, the division of
the produce; and
(c) when
the produce has been divided, the land-lord shall be entitled to the possession
of his share thereof.
13. Commutation and alteration of rent.– (1) Where rent is taken by any of the
following methods, namely:-
(a) by
division or appraisement of the produce,
(b) by
rates fixed with reference to the nature of the crops grown,
(c) by
a rate on a recognised measure of area,
(d) by
a rent in gross on the tenancy, or
(e) partly
by one of the methods specified in clauses (a), (b) and (c) of this sub-section
and partly by another or others of them,
one of those methods shall not be commuted in
whole or in part into another without the consent of both land-lord and tenant.
(2) In the absence of a contract or a decree
or order of competent authority to the contrary, a tenant whose rent is taken
by any of the methods specified in clauses (a), (b) and (c) of sub-section (1),
or by the methods specified in clause (d) of that sub-section, shall not be
liable to pay for a tenancy rent at any higher amount, as the case may be, than
the rate or amount payable in respect of the tenancy for the preceding
agricultural year.
14. Payments for land occupied without consent of
land-lord.– Any person in
possession of land occupied without the consent of the land-lord shall be
liable to pay for the use or occupation of that land at the rate of rent
payable in the preceding agricultural year, or, if rent was not payable in that
year, at such rate as the Court may determine to be fair and equitable.
15. Collection of rents of undivided property.– When two or more persons are land-lords of a
tenant in respect of the same tenancy, the tenant shall not be bound to pay
part of the rent of his tenancy to one of those persons and part to another.
[26][26][15-A. Rights and liabilities regarding rent
and government dues.– Subject to the provisions of paragraph 25 of the Land
Reforms Regulation [27][27][1972], the land-lord and the tenant shall share
the produce in the same ratio in which they used to share it on the 20th day of
December, 1971].
Produce rent
16. Presumption
with respect to produce removed before division or appraisement.– Where rent is taken by
division or appraisement of the produce, if the tenant removes any portion of
the produce at such a time or in such a manner as to prevent the due division
or appraisement thereof, or deals therewith in a manner contrary to established
usage, the produce may be deemed to have been as the fullest crop of the same
description on similar land in the neighbourhood for that harvest.
17. Appointment of
referee for division or appraisement.– If either the land-lord or the tenant neglects to
attend, either personally, or by agent, at the proper time for making the
division or appraisement of the produce, or if there is a dispute about the
division or appraisement, a revenue officer may, on the application of either
party, appoint such person as he thinks fit to be a referee to divide or
appraise the produce.
18. Appointment of assessors and procedure of
referee.– (1) When a Revenue
Officer appoints referee under the last foregoing section, he may, in his
discretion, give him instructions with respect to the association with himself
of any other persons as assessors, the number, qualifications and selection of
those assessors and the procedure to be followed in making the division or
appraisement.
(2) The
referee so appointed shall make the division or appraisement in accordance with
any instructions which he may have received from the Revenue Officer under the
last foregoing sub-section.
(3) Before making the division or
appraisement, the referee shall give notice to the land-lord and the tenant of
the time and place at which the division or appraisement will be made, but if
either the land-lord or the tenant fails to attend either personally or by
agent, the referee may proceed ex parte.
(4) For the purpose of making the division
or appraisement, the referee, with his assessors, if any, may enter upon any
land on which or into any building in which the produce is.
19. Procedure
after division or appraisement.– (1) The result of the division or appraisement shall be recorded and
signed by the referee, and the record shall be submitted to the Revenue
Officer.
(2) The Revenue Officer shall consider the
record, and, after such further inquiry, if any, as he may deem necessary,
shall make an order either confirming or varying the division or appraisement.
(3) The Revenue Officer shall also make such
order as to the costs of the reference as he thinks fit.
(4) The costs may include the remuneration
of the referee and of the assessors, if any, and may be levied from the
applicant before the appointment of the referee subject to adjustment at the
close of the proceedings.
20. Enhancement of produce rents of occupancy
tenants.– Where the rent of
a tenant having a right of occupancy in any land is a share of the produce, or
of the appraised value thereof, with or without an addition in money, or is
paid according to rates fixed with reference to the nature of the crops grown,
or is a rent in gross payable in kind, the tenant shall be entitled to occupy
the land at that rent:
Provided that, when the land or any part thereof
previously not irrigated or flooded becomes irrigated or flooded, the rent in
respect of the land or part may, subject to the provisions of this Act, be
enhanced to the share or rates, or with reference to the rent in gross, as the
case may be, paid by tenants, having a similar right of occupancy, for irrigated
or flooded land of a similar description and with similar advantages.
21. Reduction of rents referred to in the last
foregoing section.– When the
land, or any part of the land, held by a tenant having a right of occupancy to
whom the last foregoing section applies ceases to be irrigated or flooded, the
rent payable in respect of the land or part may be reduced to the share or
rates, or with reference to the rent in gross, as the case may be, paid by
tenants, having a similar right of occupancy, for unirrigated or unflooded land
of similar description and with similar advantages.
Cash-rents paid by tenants having rights of
occupancy
22. Enhancement of
cash rents of occupancy tenants.– (1) Where a tenant having a right of occupancy
pays his rent entirely by a cash rate on a recognized measure of area or by a
cash rent in gross on his tenancy, the rent may be enhanced on the ground that
after deduction therefrom of the land revenue of, and the rates and cesses
chargeable on the tenancy, it is–
(a) if
the tenant belongs to the class specified in clause (a) of sub-section (1) of
section 5, less than two annas per rupee of the amount of the land revenue;
(b) if
he belongs to any of the classes specified in clauses (b), (c) and (d) of that
sub-section, less than six annas per rupee of the amount of the land revenue;
(c) if
he belongs to the class specified in section 6, or if his right of occupancy is
established under section 8 and his rent is not regulated by contract, less
than twelve annas per rupee of the amount of the land revenue.
(2) In a case to which sub-section (1)
applies, the rent may be enhanced to an amount not exceeding two, six or twelve
annas per rupee of the amount of the land revenue, as the case may be, in
addition to the amount of the land revenue of the tenancy and the rates and
cesses chargeable thereon.
[28][28][(3) For
the purposes of this section, a muqarraridar shall be deemed to be a tenant of
the class specified in clause (a) of sub-section (1) of section 5].
23. Reduction of rent referred to in the last
foregoing section.– The rent
payable by a tenant to whom the last foregoing section applies may be reduced
on the ground that the productive powers of his tenancy have been decreased by
a cause beyond his control.
General provisions relating to suits
for
enhancement or reduction of rent
24. Enhancement and reduction of rent by suit.–
(2) Where a decree for the enhancement of
the rent of such a tenant has been passed under the Punjab Tenancy Act, 1868, a
suit for a further enhancement of his rent shall not lie till the expiration of
five years from the date of the decree, unless in the meantime the local area
in which the land comprised in the decree, is situate, has been generally
reassessed and the revenue payable in respect of that land has been increased.
(3) Subject to the provisions of sub-section
(2), a suit instituted for the enhancement of the rent of a tenant having a
right of occupancy shall not be entertained in either of the following cases,
namely:-
(a) if
within the ten years next preceding its institution his rent has been commuted
under section 13 or enhanced under this section;
(b) if within that period a decree has been passed
under this Act dismissing on the merits a suit for the enhancement of his rent;
unless the land or some part of the land
comprised in his tenancy, not having been irrigated, or flooded at the time of
such commutation, enhancement or decree, has become irrigated or flooded.
[29][29][(4) For
the purposes of this section a muqarraridar shall be deemed to be a tenant
having a right of occupancy].
25. Discretion as to extent of enhancement or
reduction.– In enhancing or
reducing the rent of any land, under the foregoing provisions of this Chapter,
the Court shall, within the limits prescribed by those provisions, enhance or
reduce the rent to such an amount as it considers fair and equitable, but shall
not in any case fix the rent at a sum less than the amount of the land revenue
of the land and the rates and cesses chargeable thereon.
26. Time for enhancement or reduction to take
effect.– (1) Unless the
Court decreeing an enhancement of rent otherwise directs, the enhancement shall
take effect from the commencement of the agricultural year next following the
date of the decree.
Adjustment of rents expressed in terms of the
land-revenue.
27. Adjustment of
rents expressed in terms of the land revenue.– (1) Where the rent of a
tenancy is the whole or a share of the land revenue thereof, with or without an
addition in money, kind or service and the land revenue of the holding in which
the tenancy is situate is altered, a Revenue Officer having authority under
section [30][30][67] of the Punjab Land Revenue Act, [31][31][1967], to determine the land revenue payable in
respect of the several holdings comprised in the estate in which the tenancy is
situate shall determine also the amount of the land revenue of the tenancy, or
the proportionate share thereof, payable by the tenant as rent.
(2) Where
an addition referred to in sub-section (1) is a percentage fixed with reference
to the land revenue of the tenancy, or the whole or a share of the rates and
cesses chargeable thereon, or both, the Revenue Officer shall in like manner
from time to time alter the amount of the addition in proportion to any
alteration of such land revenue or rates and cesses.
(3) The sum or sums determined under the
foregoing sub-sections, together with any addition previously payable other
than the additions referred to in sub-section (2), shall be the rent payable in
respect of the tenancy until there is again an alteration of the land revenue
thereof or of the rates and cesses chargeable thereon or until the rent is
enhanced by a suit under this Act.
(4) An alteration of rent under this section
shall not be deemed an enhancement or reduction of rent within the meaning of
this Act.
[32][32][(5) For
the purposes of this section a muqarraridar shall be deemed to be a tenant
having a right of occupancy].
[33][33][Adjustment
of rents paid by occupancy tenants in Attock District.
27-A. Adjustment of rents paid by occupancy tenants
in Attock District.– (1)
Where a tenant having a right of occupancy in land in the Attock District pays
wholly or partly in cash a rent not falling within the scope of section 27 and
the land revenue of the holding in which the tenancy is situate is altered–
a Revenue Officer having authority
under section [34][34][67] of the Punjab Land Revenue Act, [35][35][1967], to determine the land revenue payable in respect of the several
holdings comprised in the estate in which the tenancy is situate may, by
written order, and whether the rent was fixed by agreement or otherwise; and
either upon the application of such tenant, or his land-lord, or of his own motion
increase or diminish such rent if wholly payable in cash, or such portion
thereof as is payable in cash, to such extent as appears to the Revenue Officer
to be proper having regard to the matters specified in sub-section (2).
(2) In increasing or diminishing the rent of
a tenancy under the provisions of sub-section (1) the Revenue Officer shall,
for the purpose of deciding the extent of such increase or diminution, take
into consideration only–
(i) the land revenue of, and the rates and cesses chargeable on, the
tenancy before the land revenue of the holding in which it is situated was
altered;
(ii) the land revenue of, and the rates and cesses chargeable on, the
tenancy after such alteration; and
(iii) the methods by which the assessments of the land revenue in force
before and after such alteration were calculated and distributed over the
several holdings comprised in the estate in which the tenancy is situated.
(3) The rent determined as aforesaid shall
be the rent payable in respect of the tenancy until there is again an
alteration of the land revenue thereof or of the rates or cesses chargeable
thereon, or until the rent is enhanced or reduced by a suit under this Act.
(4) For the purposes of this section a
muqarraridar shall be deemed to be a tenant having a right of occupancy.
(5) An alteration of rent under this section
shall not be deemed as an enhancement or reduction of rent within the meaning
of this Act].
Alteration
of rent on alteration of area
28. Alteration of
rent on alteration of area.– (1) Every tenant shall–
(a) be
liable to pay additional rent for all land proved to be in excess of the area
for which rent has been previously paid by him, unless it is proved that the
excess is due to the addition to his tenancy of land which, having previously
belonged to the tenancy, was lost by diluvion or otherwise without any
reduction of the rent being made; and
(b) be
entitled to an abatement of rent in respect of any deficiency proved to exist
in the area of his tenancy as compared with the area for which rent has been
previously paid by him, unless it is proved that the deficiency is due to the
loss of land which was added to the area of the tenancy by alluvion or
otherwise, and that an addition has not been made to the rent in respect of the
addition to the area.
(2) In
determining the area for which rent has been previously paid, the Court shall
have regard to the following among other matters, namely:-
(a) the origin and conditions of the tenant’s
occupancy, for instance whether the rent was a rent in gross or the entire
tenancy;
(b) whether
the tenant has been allowed to hold additional land in consideration of an
addition to his total rent or otherwise with the knowledge and consent of the
land-lord; and
(c) the
length of time during which there has been no dispute as to rent or area.
(3) In adding to or abating rent under this
section, the Court shall add to or abate the rent to such an amount as it deems
to be fair and equitable, and shall specify in its decree the date on and from
which the addition or abatement is to take effect.
(4) An addition to or abatement of rent
under this section shall not be deemed an enhancement or reduction of rent
within the meaning of this Act.
Remission
29. Remission of
rent by Courts decreeing arrears.– Notwithstanding anything in the foregoing
sections of this Chapter, if it appears to a Court making a decree for an
arrear of rent that the area of a tenancy has been so diminished by diluvion or
otherwise, or that the produce thereof has been so diminished by drought, hail,
deposit of sand or other like calamity, that the full amount of rent payable by
the tenant cannot be equitably decreed, the Court may, with the previous
sanction of the Collector, allow such remission from the rent payable by the
tenant as may appear to it to be just.
30. Remission and suspension of rent consequent
on like treatment of land revenue.– [36][36][(1) Whenever the payment of the whole or any
part of the land revenue payable in respect of any land is remitted or
suspended, a Revenue Officer may, if the rent be payable in cash or be rent
payable in kind of which the amount is fixed, by order, remit or suspend, as
the case may be, the payment of the rent of that land to an amount which may
bear the same proportion to the whole of the rent payable in respect of the
land as the land revenue of which payment has been remitted or suspended bears
to the whole land revenue payable in respect of land:
Provided that in the case of an occupancy tenant, whose
rent is of the nature hereinbefore in this sub-section described, the remission
or suspension of the land revenue payable in respect of the land shall, in the
absence of a written order by a Revenue Officer to the contrary carry with it a
proportionate remission or suspension, as the case may be, of his rent.
When
the payment of the rent of any kind has been suspended under this clause it
shall remain under suspension until the Collector orders the revenue of that
land to be realized].
(2) An order passed under sub-section (1) shall
not be liable to be contested by suit in any Court.
(3) A suit shall not lie for the recovery of
any rent of which the payment has been remitted or during the period of
suspension, of any rent of which the payment has been suspended.
(4) Where the
payment of rent has been suspended, the period during which the suspension has
continued shall be excluded in the computation of the period of limitation
prescribed for a suit for the recovery of the rent.
[37][37][(5) If
the land-lord collects from a tenant any rent of which the payment has been
remitted, or is under suspension, the Revenue Officer may recover from the
land-lord the amount or value of the rent so collected, and may also recover by
way of penalty a further sum not exceeding such amount or value, and may cause
to be refunded to the tenant the amount or value of the rent so collected from
him].
(6) The
provisions of this section relating to the remission and suspension of the
payment of rent may be applied, so far as they can be made applicable, to land
of which the land revenue has been released, compounded for or redeemed in any
case in which if the land revenue in respect of the land had not been released,
compounded for, or redeemed, the whole or any part of it might, in the opinion
of the Revenue Officer, be remitted or suspended under the rules for the time
being in force for regulating the remission and suspension of land revenue.
[38][38][(7) Any
sum of which the recovery is ordered under sub-section (5) on account of rent
or penalty may be recovered by the Collector as if it were an arrear of land
revenue].
Deposits
31. Power to deposit rent in certain cases
with Revenue Officer.– In
either of the following cases, namely:-
(a) when
a land-lord refuses to receive or grant a receipt for, any rent payable in
money when tendered to him by a tenant;
(b) when
a tenant is in doubt as to the person entitled to receive rent payable in
money,
the tenant may apply to a Revenue Officer for
leave to deposit the rent in his office, and the Revenue Officer shall receive
the deposit, if, after examining the applicant, he is satisfied that there is
sufficient ground for the application and if the applicant pays the fee, if
any, chargeable for the issue of the notice next hereinafter referred to.
32. Effect of depositing rent.– (1) When a deposit has been so received it
shall be deemed to be a payment made by the tenant to his land-lord in respect
of rent due.
(2) The Revenue Officer receiving the
deposit shall give notice of the receipt thereof to every person who, he has
reason to believe, claims or is entitled to the deposit, and may pay the amount
thereof to any person appearing to him to be entitled thereto, or may, if he
thinks fit, retain the deposit pending the decision of a competent Court as to
the person so entitled.
(3) No suit or other proceeding shall be
instituted against the [39][39][Government], or against [40][40][any servant of the State], in respect of
anything done by a Revenue Officer under this section, but nothing in this
sub-section shall prevent any person entitled to receive the amount of any such
deposit from recovering it from a person to whom it has paid by a Revenue
Officer.
Recovery of rent from attached produce
33. Recovery of
rent from attached produce.– (1) If an order is made by any Court for the attachment
of the produce of a tenancy, or of any part of a tenancy, the land-lord may
apply to the Revenue Officer by whom the attachment is to be or has been made
to sell the produce and pay to him out of the proceeds of the sale thereof the
amount or value of–
(a) any
rent which has fallen due to him in respect of the tenancy within the year
immediately preceding the application, and
(b) the
rent which will be falling due after the harvesting of the produce and is
chargeable against it.
(2) The Revenue Officer shall give the
person at whose instance the attachment was made an opportunity of showing
cause why the application of the land-lord should not be granted, and, if he
finds the land-lord’s claim to the whole or any part of the rent to be proved,
he shall cause the produce or such portion thereof as he may deem necessary to
be sold, and shall apply the proceeds of the sale in the first instance to
satisfy the claim.
(3) The
finding of the Revenue Officer under sub-section (2) shall have the force of a
decree in a suit between the land-lord and the tenant.
Leases for period exceeding term of
assessment of land revenue
34. Treatment of leases for period exceeding or
equal to term of assessment of land revenue.– (1) Where a lease has been granted, or an agreement has been entered
into, by a land-owner in respect of any land assessed to land revenue fixing
for a period exceeding the term for which the land revenue has been assessed,
the rent or other sum payable in respect of the land under the lease or
agreement, and that term has expired, the lease or agreement shall be voidable–
(a) at
the option of the land-owner if the land revenue of the land has been enhanced
and the person to whom the lease has been granted or with whom the agreement
has been entered into refuses to pay such rent or other sum, as a Revenue
Court, on the suit of the land-owner determines to be fair and equitable [41][41][or a Revenue Officer under the provisions of
section 27-A has determined to be proper]; and
where the relation of land-lord and tenant
exists between the grantor and grantee of the lease or between the persons who
entered into the agreement–
(b) at
the option of the tenant if the land revenue of the land has been reduced and
the land-lord refuses to accept such rent as a Revenue Court, on the suit of
the tenant, determines to be fair and equitable [42][42][or a Revenue Officer under the provisions of
section 27-A has determined to be proper].
(2) Any
agreement relative to the occupation, rent, profits or produce of any land
which has been entered into for the term of the currency of an assessment
shall, unless a contrary intention clearly appears in the agreement or the
agreement is terminated by consent of parties or course of law, continue in
force until a revised assessment takes effect.
CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT
Relinquishment
35. Relinquishment
by tenant for a fixed term.– A tenant holding for a fixed term under a contract or a
decree or order of competent authority may relinquish his tenancy without
notice at the end of that term.
36. Relinquishment by any other tenant.– (1) Any other tenant may relinquish his
tenancy by giving verbally or in writing to his land-lord, or to his
land-lord’s agent, on or before the fifteenth day of January in any year,
notice of his intention to relinquish the tenancy at the end of the
agricultural year then current.
(2) The
tenant may, instead of or in addition to, giving the notice in the manner
mentioned in sub-section (1), apply to a Revenue Officer on or before the date
aforesaid to cause the notice to be served on the land-lord and the Revenue
Officer on receiving the cost of service from the tenant, shall cause the
notice to be served as soon as may be.
(3) If the tenant does not give notice in
the manner prescribed in this section, he shall be liable to pay the rent of
his tenancy for any part of the ensuing agricultural year during which the
tenancy is not let by the land-lord to some other person or is not cultivated
by the land-lord himself.
37. Relinquishment
of part only of a tenancy.– A tenant cannot, without the consent of his land-lord,
relinquish a part only of his tenancy.
Abandonment
38. Abandonment of
tenancy by occupancy tenant.– (1) If a tenant having a right of occupancy fails for
more than one year without sufficient cause to cultivate his tenancy, either by
himself or some other person, and to arrange for payment of the rent thereof as
it falls due, the right of occupancy shall be extinguished from the end of that
year.
[43][43][(2) For
the purposes of this section, a muqarraridar shall be deemed to be a tenant
having a right of occupancy].
Liability to ejectment
39. Grounds of ejectment of occupancy tenant.– (1) A tenant having a right of occupancy
shall be liable to be ejected from his tenancy on any of the following grounds,
namely:-
(a) that
he has used the land comprised in the tenancy in a manner which renders it
unfit for the purposes for which he held it;
(b) where
rent is payable in kind, that he has without sufficient cause failed to
cultivate that in the manner or to the extent customary in the locality in
which the land is situate;
(c) when
a decree for an arrear of rent in respect of his tenancy has been passed
against him and remains unsatisfied.
[44][44][(2) For
the purposes of this section a muqarraridar shall be deemed to be tenant having
a right of occupancy].
40. Grounds of ejectment of tenant for a fixed
term.– A tenant not having a
right of occupancy but holding for a fixed term under a contract or a decree or
order of competent authority, shall be liable to be ejected from his tenancy at
the expiration of that term, and, on any of the following grounds, before the
expiration thereof, namely:-
(a) that
he has used the land comprised in the tenancy in a manner which renders it
unfit for the purposes for which he held it;
(b) where
rent is payable in kind, that he has without sufficient cause failed to
cultivate that land in the manner or to the extent customary in the locality in
which the land is situate;
(c) on
any ground which would justify ejectment under the contract, decree or order.
41. Ejectment of tenant from year to year.– A tenant who has not a right of occupancy,
and does not hold for a fixed term under a contract or a decree or order of
competent authority, may be ejected at the end of any agricultural year.
Procedure on ejectment
42. Restriction on
ejectment.– A tenant shall not be ejected otherwise than in execution of a decree
for ejectment, except in the following cases, namely:-
(a) when
a decree for an arrear of rent in respect of his tenancy has been passed
against him and remains unsatisfied;
(b) when the tenant has not a right of occupancy and does not hold for
a fixed term under a contract or a decree or order of competent authority.
43. Application to
Revenue Officer for ejectment.– In any such case as is mentioned in clause (a) or clause
(b) of the last foregoing section, the land-lord may apply to a Revenue Officer
for the ejectment of the tenant in the case mentioned in the former clause or
for the service on the tenant of a notice of ejectment in the case mentioned in
the latter clause.
44. Ejectment for failure to satisfy decree for
arrear of rent.– (1) On
receiving the application in any such case as is mentioned in clause (a) of section
42, the Revenue Officer shall, after such inquiry with respect to the existence
of the arrear as he deems necessary, cause a notice to be served on the tenant,
stating the date of the decree and the amount due thereunder, and informing him
that if he does not pay that amount to the Revenue Officer within fifteen days
from receipt of the notice he will be ejected from the land.
(2) If the amount is not so paid the Revenue
Officer shall, subject to the provisions of this Act with respect to the payment
of compensation, order the ejectment of the tenant unless good cause is shown
to the contrary.
45. Ejectment of tenant from year to year by
notice.– (1) On receiving
the application of the land-lord in any such case as is mentioned in clause (b)
of section 42, the Revenue Officer shall, if the application is in order and
not open to objection on the face of it, cause a notice of ejectment to be
served on the tenant.
(2) A notice under sub-section (1) shall not
be served after the fifteenth day of November in any [45][45][agricultural] year.
(3) The notice shall specify the name of the
land-lord on whose application it is issued, and describe the land to which it
relates, and shall inform the tenant that he must vacate the land before the
first day of May next following, or that, if he intends to contest his
liability to ejectment, he must institute a suit for this purpose in a Revenue
Court within two months from the date of the service of the notice.
(4) The notice shall also inform the tenant
that if he does not intend to contest his liability to be ejected and he has
any claim for compensation on ejectment, he should within two months from the
date of the service of the notice prefer his claim to the Revenue Officer
having authority under the next following sub-section to order his ejectment in
the circumstances described in that sub-section.
(5) If within
two months from the date of the service of the notice the tenant does not
institute a suit to contest his liability to be ejected, a Revenue Officer, on
the application of the land-lord, shall, subject to the provisions of this Act
with respect to the payment of compensation, order the ejectment of the tenant:
Provided
that the Revenue Officer shall not make the order until he is satisfied that
the notice was duly served on the tenant.
(6) If within those two months the tenant
institutes a suit to contest his liability to be ejected and fails in the suit,
the Court by which the suit is determined shall by its decree direct the
ejectment of the tenant.
46. Power to make rules.– The [46][46][Board of Revenue] may make rules
prescribing–
(a) the
form and language of applications and notices under the two last foregoing
sections; and
(b) the
manner in which those applications and notices are to be signed and attested.
General provisions respecting ejectment
47. Time for ejectment.– A decree or order for the ejectment of a
tenant shall not be executed at any other time than between the first day of
May and the fifteenth day of June (both days inclusive), unless the Court
making the decree or where the order is made under section 44, the officer
making the order, otherwise directs.
48. Relief against forfeiture.– (1) If in a suit for the ejectment of a
tenant on either of the grounds mentioned in clauses (a) and (b) of section 39
or of section 40 it appears to the Court that injury caused by the act or
omission on which the suit is based is capable of being remedied, or that an
award of compensation will be sufficient satisfaction to the land-lord
therefor, the Court may, instead of making a decree for the ejectment of the
tenant, order him to remedy the injury within a period to be fixed in the
order, or order him to pay into Court, within such a period, such compensation
as the Court thinks fit.
(2) The Court may from time to time, for
special reasons, extend a period fixed by it under sub-section (1).
(3) If within
the period, or extended period, as the case may be, fixed by the Court under
this section, the injury is remedied or the compensation is paid, a decree for
the ejectment of the tenant shall not be made.
49. Rights of
ejected tenants in respect of crops and land prepared for sowing.– (1) Where at the time
of the proposed ejectment of a tenant from any land, his uncut or ungathered
crops are standing on any part thereof, he shall not be ejected from that part
until the crops have ripened and he has been allowed a reasonable time to
harvest them.
(2) The Court or Revenue Officer decreeing
or ordering the ejectment of the tenant may, on the application of the
land-lord, determine any dispute arising in consequence of the provisions of
sub-section (1) between the land-lord and tenant or between the land-lord and
any person entitled to harvest the crops of the tenant, and may in its or his
discretion–
(a) direct
that the tenant pays for the longer occupation of the land secured to him under
sub-section (1) such rent as may be fair and equitable, or
(b) determine
the value of the tenant’s uncut and ungathered crops, and, on payment thereof
by the land-lord to the Court or Revenue Officer, forthwith eject the tenant.
(3) When a tenant for whose ejectment
proceedings have been taken has, conformably with local usage, prepared for
sowing any land comprised in his tenancy, but has not sown or planted crops on
that land, he shall be entitled to receive from the land-lord before ejectment
a fair equivalent in money for the labour and capital expended by him in so
preparing the land, and the Court or Revenue Officer before which or whom the
proceedings are pending shall, on the application of the tenant, determine the
sum payable to the tenant under this sub-section and stay his ejectment until
that sum has been paid to him.
Relief for wrongful dispossession
50. Relief of wrongful dispossession or
ejectment.– In either of the
following cases, namely:-
(a) if
a tenant has been dispossessed without his consent of his tenancy or any part
thereof otherwise than in execution of a decree or than in pursuance of an
order under section 44 or section 45,
(b) if a tenant who, not having instituted a suit under section 45, has
been ejected from his tenancy or any part thereof in pursuance of an order
under that section denies his liability to be ejected,
the tenant may, within one year from the date
of his dispossession or ejectment, institute a suit for recovery of possession
or occupancy, or for compensation or for both.
[47][47][50-A. Bar to civil suits.– No person whose ejectment has been ordered
by a Revenue Court under section 45, sub-section (6), or whose suit has been
dismissed under section 50, may institute a suit in a Civil Court to contest
his liability to ejectment, or to recover possession or occupancy rights, or to
recover compensation].
51. Bar of relief by suit under section 9,
Act I of 1877.– Possession
of a tenancy or of any land comprised in a tenancy shall not be recoverable
under section 9 of the Specific Relief Act, 1877, by a tenant dispossessed
thereof.
Power to vary dates prescribed by this
Chapter
52. Power of Provincial Government to fix
dates for certain purposes.–
(1) The [48][48][Provincial Government] may, for all or any
of the territories under its administration, by notification, fix for the
purposes of sections 36, 46 and 47, or of any of those sections, any other
dates instead of those specified therein.
(2) A notification under this section shall
not take effect till after the expiration of six months from the date of the
publication thereof.
CHAPTER V
ALIENATION OF, AND SUCCESSION TO,
RIGHT
OF OCCUPANCY
Alienation
[49][49][52-A. Provisions of Chapter V not to apply to
muqarraridars.– The
provisions of this Chapter shall not apply to muqarraridars].
53. Private transfer of right of occupancy
under section 5 by tenant.–
(1) A tenant having right of occupancy under section 5 may transfer that right
by sale, gift or mortgage, subject to the conditions mentioned in the section.
(2) If he intends to transfer the right by
sale, gift, mortgage by conditional sale or usufructuary mortgage, he shall
cause notice of his intention to be served on his land-lord through a Revenue
Officer, and shall defer proceeding with the transfer for a period of one month
from the date on which the notice is served.
(3) Within that period of one month the
land-lord may claim to purchase the right at such value as a Revenue Officer
may, on application made to him in this behalf, fix.
(4) When the application to the Revenue
Officer is to fix the value of a right of occupancy which is already mortgaged,
he shall fix the value of the right as if it were not mortgaged.
(5) the land-lord shall be deemed to have
purchased the right if he pays the value to the Revenue Officer within such
time as that officer appoints.
(6) On the value being so paid, the right of
occupancy shall be extinct, and the Revenue Officer shall, on the application
of the land-lord, put the land-lord in possession of the tenancy.
(7) If the right of occupancy was already
mortgaged, the tenancy shall pass to the land-lord unencumbered by the
mortgage, but the mortgage-debt shall be a charge on the purchase money.
(8) If there is no such charge as aforesaid
the Revenue Officer shall, subject to any directions which he may receive from
any Court, pay the purchase-money to the tenant.
(9) If there is such a charge the Revenue
Officer shall, subject as aforesaid either apply in discharge of the
mortgage-debt so much of the purchase-money as is required for that purpose and
pay the balance, if any, to the tenant, or retain the purchase-money pending
the decision of a Civil Court as to the person or persons entitled thereto.
(10) Where there are
several land-lords of a tenancy, any one of them may be deemed to be the
land-lord for the purposes of this section.
(11) No suit or other
proceeding shall be instituted against the [50][50][Government] or against [51][51][any servant of the State], in respect of anything
done by a Revenue Officer under the two last foregoing sub-sections, but
nothing in this sub-section shall prevent any person entitled to receive the
whole or any part of the purchase-money from recovering it from a person to
whom it has been paid by a Revenue Officer.
54. Procedure on foreclosure of mortgage of right
of occupancy under section 5.–
Where a mortgagee of a right of occupancy under section 5 proposes to foreclose
his mortgage, or otherwise enforce his lien on the land subject to the right,
the provisions of the last foregoing section shall, so far as they can be made
applicable, apply as if the mortgagee were the tenant.
55. Sale of right of occupancy under section 5 in
execution of decree.– (1) A
right of occupancy under section 5 may be sold in execution of a decree or
order of a Court.
(2) But notice of an intended sale of any
such right shall be given by the Court to the land-lord, and, if at any time
before the close of the day on which the sale takes place the land-lord pays to
the Court or to the officer conducting the sale a deposit of twenty-five per
centum on the highest bid made at the sale, he shall be declared to be the
purchaser instead of the person who made that bid.
56. Transfer of right of occupancy under any
other section than section 5.–
A right of occupancy under any other section than section 5 shall not be
attached or sold in execution of a decree or order of any Court or, without the
previous consent in writing of the land-lord, be transferred by private
contract.
57. Rights and liabilities of transferee of right
of occupancy.– When a right
of occupancy has been transferred by sale, gift or usufructuary mortgage to a
person other than the land-lord, that person shall, in respect of the land in
which the right subsists, have the same rights, and be subject to the same
liabilities as the tenant to whom before the transfer of the right had
belonged, and was subject to.
58. Sub-letting.– (1) A tenant having a right of occupancy in
land may, subject to the provisions of this Act and to the conditions of any
written contract between him and his land-lord, sublet the land or any part
thereof for any term not exceeding seven years.
(2) A person to whom land is sublet by a
tenant having a right of occupancy therein shall, in respect of that land, and
so far as regards the land-lord be jointly with the tenant, subject to all the
liabilities of the tenant under this Act.
[52][52][58-A. Transfer of right of occupancy under any
section of the Act by exchange.– (1) Any tenant with a right of occupancy may,
with the consent of his land-lord, transfer his land to all the members of a
Co-operative Society for the consolidation of holdings of which both he and his
land-lord are members and obtain from them any other land in exchange.
(2) Notwithstanding anything contained in
this Act or any other enactment in force, any land obtained in exchange in
pursuance of the provisions of sub-section (1) shall be deemed to be subject to
the same right of occupancy as the land given for it in exchange].
Succession
[53][53][59. Succession to right of occupancy.– (1) When a Muslim tenant having a right of
occupancy in any land dies, the right shall devolve on his heirs in accordance
with the provisions of the Muslim Personal Law (Shariat):
Provided that when the occupancy rights are held by a
female as a limited owner under Customary Law, 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.
(2) When a non-Muslim tenant having a right
of occupancy dies, the right shall devolve–
(a) on
his male lineal descendants, if any, in the male line of descent; and
(b) failing
such descendants, on his widow, if any, until she dies or remarries or abandons
the land or is under the provisions of this Act ejected therefrom; and
(c) failing such descendants and widow or his
widowed mother, if any, until she dies or remarries or abandons the land or is
under the provisions of this Act ejected therefrom; and
(d) failing
such descendants and widow, or widowed mother or if the deceased tenant left a
widow or widowed mother, then when her interest terminates under clause (b) or
(c) of this sub-section, on his male collateral relatives in the male line of
descent from the common ancestor of the deceased tenant and those relatives:
Provided
with respect to clause (b) of this sub-section, that the common ancestor
occupied the land.
Explanation– For the purpose of clause (d), land
obtained in exchange by the deceased tenant or any of his
predecessors-in-interest in pursuance of the provisions of sub-section (1) of
section 58-A shall be deemed to have been occupied by the common ancestor if
the land given for it in exchange was occupied by him.
(3) As among descendants and collateral
relatives claiming under sub-section (2) the right shall subject to the
provisions of that sub-section, devolve as if it were land left by the deceased
in the village in which the land subject to the right is situate.
(4) When the widow of a deceased tenant
succeeds to a right of occupancy under sub-section (2), she shall not transfer
the right by sale, gift or mortgage or by sub-lease for a term exceeding one
year.
(5) If a deceased tenant has left no person
on whom his right of occupancy may devolve under sub-section (1) or sub-section
(2), as the case may be, the right shall be extinguished].
Irregular transfers
60. Irregular transfer of right of occupancy.– Any transfer made of a right of occupancy in
contravention of the foregoing provisions of this Chapter shall be voidable at
the instance of the land-lord.
[54][54][CHAPTER
V-A]
[55][55][Succession
to Non-occupancy Tenancies]
[56][56][60-A. Succession to non-occupancy tenancies.– (1) Where a tenant, not
being a tenant of land reserved by the land-lord for personal cultivation under
any law for the time being in force, not having a right of occupancy and not
holding land for any fixed term under a contract or a decree or order of a
competent authority dies, the tenancy shall, notwithstanding anything to the
contrary in any law for the time being in force, devolve on his preferred heir,
if any, and failing such preferred heir on his eldest male child.
Explanation– A preferred heir means any male child named
in writing by the deceased tenant as such.
(2) If the deceased tenant has left no such
persons as are mentioned in sub-section (1) on whom the right of tenancy may
devolve under that sub-section, the right shall be extinguished].
CHAPTER VI
IMPROVEMENTS AND COMPENSATION
Improvements by land-lords
61. Improvements by land-lords on tenancies of
occupancy tenants.– (1)
Without the previous permission of the Collector, a land-lord shall not make an
improvement on the tenancy of a tenant having a right of occupancy.
(2) If a
land-lord desires to make such an improvement, he may apply to the Collector
for permission to make it, and the Collector shall, before making an order on
the application, hear the objection, if any, of the tenant.
(3) In making
an order on an application under sub-section (2) the Collector shall be guided
by such rules, if any, as the [57][57][Provincial Government] may [58][58][* * *] make in this behalf.
62. Enhancement of rent in consideration of an
improvement made by a land-lord on the tenancy of an occupancy tenant.– (1) When a land-lord has, with the
permission mentioned in the last foregoing section, made an improvement on the
tenancy of a tenant having a right of occupancy, he may apply to the Collector
for an enhancement of the rent of the tenant.
(2) If the
tenant is a tenant to whom section 20 applies, the Collector shall enhance his
rent to the share or rates, or with reference to the rent in gross, as the case
may be, paid by tenants, having a similar right of occupancy, for land of a
similar description and with similar advantages.
(3) If the tenant is a tenant to whom
section 22 applies, the Collector shall enhance his rent to such amount as the
tenant would be liable to pay under that section if the land revenue were
reassessed.
(4) When the improvement ceases to exist,
the Collector may, on the application of the tenant, reduce the tenant’s rent–
(a) in
the case of a tenant to whom sub-section (2) applies, to the share or rates, or
with reference to the rent in gross, as the case may be, paid by tenants,
having a similar right of occupancy for land of a similar description and with
similar advantages; and
(b) in
the case of a tenant to whom sub-section (3) applies, to such an amount as the
tenant would be liable to pay if the land revenue were re-assessed.
(5) Sections
25 and 26 shall be construed as applying to an application, under this section,
and a suit shall not lie in any Court for any purpose for which an application
might be made under this section.
Improvements by tenants
63. Title of occupancy tenant to make
improvements.– A tenant
having a right of occupancy is entitled to make improvements on his tenancy.
64. Title of tenants not having right of
occupancy to make improvements.– (1) A tenant not having a right of occupancy may make improvements on
his tenancy with the assent of his land-lord.
(2) If at any time the question arises
whether or not the land-lord assented to the making of an improvement by a
tenant not having a right of occupancy, the assent may be inferred from
circumstances.
65. Improvements made before commencement of this
Act.– Improvements made by a
tenant before the commencement of this Act shall be deemed to have been made in
accordance with this Act, unless in the case of a tenant not having a right of
occupancy it is shown that the improvement was made in contravention of a
written agreement between him and his land-lord.
66. Improvements begun in anticipation of
ejectment.– A tenant ejected
in execution of a decree, or in pursuance of a notice of ejectment, shall not
be entitled to compensation for any improvement begun by him after the
institution of the suit, or service of the notice, which resulted in his
ejectment.
67. Tender of
lease for twenty years to tenant to be a bar to right to compensation.– If a land-lord tenders
to a tenant lease of his tenancy for a term of not less than twenty years from
the date of the tender at the rent then paid by the tenant or of such other
rent as may be agreed on, the tender, if accepted by the tenant, shall bar any
claim by him to compensation in respect of improvement previously made on the
tenancy.
68. Liability to pay compensation for
improvements to tenants on ejectment or on enhancement of his rent.– Subject to the foregoing provision of this
Chapter, a tenant who has made an improvement on his tenancy in accordance with
this Act shall not be ejected, and the rent payable by him shall not be
enhanced, until he has received compensation for the improvement.
Compensation for disturbance of clearing
tenants
69. Compensation
for disturbance of clearing tenants.– (1) A tenant who has cleared and brought under
cultivation waste land in which he has not a right of occupancy shall, if
ejected from that land, be entitled to receive from the land-lord as
compensation for disturbance, in addition to any compensation for improvements,
a sum to be determined by Revenue Court or Revenue Officer in accordance with
the merits of the case, but not exceeding five years’ rent of the land:
Provided
that a tenant who is a joint owner of land to which this section applies shall
not be entitled to compensation for disturbance on ejectment from the land or
any part thereof.
(2) If rent has been paid for the land by
division or appraisement of the produce or by rates fixed with reference to the
nature of the crops grown, or if no rent, or no rent other than the land
revenue of the land and the rates and cesses chargeable thereon, has been paid
therefor, the compensation may be computed as if double the amount of the land
revenue of the land were the annual rent thereof:
[59][59][Provided that in any estate of which the
assessment has been confirmed on or after the twenty-second day of February,
1929, the compensation may be computed as if four times the amount of the land
revenue of the land were the annual rent thereof].
Procedure in determining compensation
70. Determination of compensation by Revenue
Court.– (1) In every suit by
a tenant to contest his liability to ejectment or by a land-lord to eject
tenant or to enhance his rent, the Court shall direct the tenant to file a
statement of his claim, if any, to compensation for improvement or for
disturbance and of the grounds thereof.
(2) If the
Court decrees the ejectment of the tenant or the enhancement of his rent, it
shall determine the amount of compensation, if any, due to the tenant, and
shall stay execution of the decree until the land-lord pays into Court that
amount less any arrears of rent or costs proved to the satisfaction of the
Court to be due to him from the tenant.
71. Determination of compensation by Revenue
Officers.– In either of the
following cases, namely:-
(a) When
a notice has been served on a tenant under section 44,
(b) when
a notice of ejectment has been served on a tenant under section 45 and the
tenant has not instituted a suit to contest his liability to be ejected,
the tenant may apply to the Revenue Officer
having authority to order his ejectment under section 44 or section 45, as the
case may be, to determine the amount of compensation due to him for
improvements or for disturbance, or for both, and the Revenue Officer shall
determine the amount, if any, accordingly and stay the ejectment of the tenant
until the land-lord pays to the Revenue Officer the amount so determined less
any arrears of rent or costs proved to the satisfaction of the Revenue Officer
to be due to the land-lord from the tenant.
72. Matters to be regarded in assessment of
compensation for improvements.–
In estimating the compensation to be awarded under this Chapter to a tenant for
an improvement, the Court or Revenue Officer shall have regard to–
(a) the
amount by which the value or the produce of the tenancy, or the value of that
produce is increased by the improvement;
(b) the
condition of the improvement and the probable duration of its effect;
(c) the
labour and capital required for the making of such an improvement;
(d) any reduction or remission of rent or other advantage allowed to the
tenant by the land-lord in consideration of the improvement; and
(e) in
the case of reclamation, or of the conversion of unirrigated into irrigated
land, the length of time during which the tenant has had the benefit of the
improvement.
73. Form of compensation.– (1) The compensation shall be made by
payment in money, unless the parties agree that it be made in whole or in part
by the grant of a beneficial lease of land or in some other way.
(2) If the parties so agree, the Court or
Revenue Officer shall make an order accordingly.
Relief in case of ejectment before determination of compensation
74. Relief in case of ejectment before
determination of compensation.–
(1) If from any cause the amount of compensation payable to a tenant–
(a) under
this Chapter for improvements or disturbance, or
(b) under
section 49 of the value of uncut or ungathered crops or the preparation of land
for sowing,
has not been determined before the tenant is
ejected, the ejectment shall not be invalidated by reason of the omission, but
the Court or Revenue Officer which decreed or who ordered the ejectment may, on
application made by the tenant within one year from the date of ejectment,
correct the omission by making in favour of the tenant an order for the payment
to him by the land-lord of such compensation as the Court or Officer may
determine the tenant to be entitled to.
(2) An order
made under sub-section (1) may be executed in the same manner as a decree for
money may be executed by a
CHAPTER VII
JURISDICTION AND PROCEDURE
Jurisdiction
75. Revenue Officers.– (1) There shall be the same classes of
Revenue Officers under this Act as under the Punjab Land Revenue Act, [60][60][1967], and, in the absence of any order of
the [61][61][Provincial Government] to the contrary, a
Revenue Officer of any class having jurisdiction within any local limits under
that Act shall be a Revenue Officer of the same class having jurisdiction
within the same local limits under this Act.
(2) The expressions “Collector” and [62][62][Board of Revenue] have the same meaning in
this Act as in the Punjab Land Revenue Act, [63][63][1967].
76. Applications and proceedings cognizable by
Revenue Officers.– (1) The
following applications and proceedings shall be disposed of by Revenue Officers
as such, and no Court shall take cognizance of any dispute or matter with
respect to which any such application or proceeding might be made or had:
FIRST GROUP
(a) proceedings
under section 27 for the adjustment of rents expressed in terms of the land
revenue;
[64][64][(aa) proceedings
under section 27-A for the adjustment of rents of occupancy tenants in the
Attock District];
(b) proceedings
relating to the remission and suspension of rent under section 30;
(c) applications
under section 43 for the ejectment of a tenant against whom a decree for an
arrear of rent in respect of his tenancy has been passed and remains
unsatisfied;
(d) applications under section 45, sub-section(5),
for the ejectment of a tenant on whom a notice of ejectment has been served and
who has not instituted a suit to contest his liability to be ejected but has
claimed compensation under section 71;
(e) applications
under section 53 or section 54 for the fixing of the value of a right of occupancy;
(f) applications
under section 53 or section 54 by land-lords for possession of land, the right
of occupancy in which has become extinct;
(g) proceedings
under Chapter VI with respect to the award of compensation for improvements or
disturbance;
SECOND GROUP
(h) applications
under section 17 with respect to the division or appraisement of produce;
(i) application
under section 45, sub-section (5), for the ejectment of a tenant on whom a
notice of ejectment has been served and who has not instituted a suit to
contest his liability to be ejected and has not claimed compensation under
section 71;
(j) applications
for the determination–
(i) under section 49 of the rent payable for land
occupied by crops uncut or ungathered at the time of an order made for the
ejectment of a tenant, or
(ii) under section 49 or section 74 of the value
of such crops or of the sum payable to the tenant for labour and capital
expended by him in preparing land for sowing;
THIRD GROUP
(k) applications
under section 31 by tenants to deposit rent;
(l) applications
under section 36 for service of notice of relinquishment;
(m) applications
under section 43 for service of notice of ejectment;
(n) applications
under section 53 or section 54 for service of notice of intended transfer or of
intended foreclosure or other enforcement of lien.
(2) Except as otherwise provided by any rule
made by the [65][65][Board of Revenue] in this behalf–
(a) a
Collector or an Assistant Collector of the first grade may dispose of any of
the applications and proceedings mentioned in sub-section(1);
(b) an
Assistant Collector of the second grade, not being Naib Tehsildar, may dispose
of any of the applications mentioned in the second and third applications
mentioned in the second and third groups of that sub-section; and
(c) a
Naib Tehsildar, when invested with the powers of an Assistant Collector of the
second grade, may dispose of any of the applications mentioned in the third
group of that sub-section.
77. Revenue Courts
and suits cognizable by them.– (1) When a Revenue Officer is exercising jurisdiction
with respect to any such suit as is described in sub-section (3), or with
respect to an appeal or other proceeding arising out of any such suit, he shall
be called a
(2) There shall be the same classes of
Revenue Courts as of Revenue Officers under this Act, and, in the absence of
any order of the [66][66][Provincial Government] to the contrary, a
Revenue Officer of any class having jurisdiction within any local limits under
this Act shall be a Revenue Court of the same class having jurisdiction within
the same local limits.
(3) The following suits shall be instituted
in, and heard and determined by, Revenue Courts, and no other Court shall take
cognizance of any dispute or matter with respect to which any such suit might
be instituted:
[67][67][Provided that–
(1) Procedure where revenue matter is raised in a Civil Court – where in a suit cognizable by and instituted
in a Civil Court it becomes necessary to decide any matter which can under this
sub-section be heard and determined only by a Revenue Court, the Civil Court
shall endorse upon the plaint the nature of the matter for decision and the
particulars required by Order VII, Rule 10, Civil Procedure Code, and return
the plaint for presentation to the Collector;
(2) on
the plaint being presented to the Collector, the Collector shall proceed to
hear and determine the suit where the value thereof exceeds [68][68][rupees ten thousand] or the matter involved
is of the nature mentioned in section 77(3), First Group, of the Punjab Tenancy
Act, 1887, and in other case may send the suit to an Assistant Collector of the
first Grade for decision].
FIRST GROUP
(a) suits
between land-lord and tenant for enhancement or reduction of rent under section
24;
(b) suits
between land-lord and tenant for addition to or abatement of rent under section
28 or for commutation of rent;
(c) suits
under section 34 for the determination of rent or other sum on the expiration
of the term of an assessment of land revenue [69][69][and suits relating to the rent to be paid
under a mortgage made in accordance with form (c) as prescribed by section 6 of
the Punjab Alienation of Land Act, 1900];
SECOND GROUP
(d) Suits
by a tenant to establish a claim to a right of occupancy, or by a land-lord to
prove that a tenant has not such a right;
(e) suits
by a land-lord to eject a tenant;
(f) suits
by a tenant under section 45 to contest liability to ejectment, when notice of
ejectment has been served;
(g) suits
by a tenant under section 50 for recovery of possession or occupancy, or for
compensation, or for both;
(h) suits
by a land-lord to set aside a transfer made of a right of occupancy, or to
dispossess a person to whom such a transfer has been made, or for both
purposes;
(i) any
other suit between land-lord and tenant arising out of the lease or conditions
on which a tenancy is held;
(j) suits
for sums payable on account of village cesses or village expenses;
(k) suits
by a co-sharer in an estate or holding for a share of the profits thereof or
for a settlement of accounts;
(l) suits
for the recovery of over payments of rent or land-revenue or of any other
demand for which a suit lies in a
(m) suits
relating to the emoluments of kanungos [70][70][*
* *] or village officers;
THIRD GROUP
(n) suits
by a land-lord for arrears of rent or the money equivalent of rent, or for sums
recoverable under section 14;
(o) suits by a land-owner to recover moneys claimed as due for the
enjoyment of rights in or over land or in water, including rights of
irrigation, rights over fisheries, rights of pasturage and forest rights;
(p) suits
for sums payable on account of land-revenue or of any other demand recoverable
as an arrear of land-revenue under any enactment for the time being in force,
and by a superior landowner for other sums due to him as such.
(4) Except as otherwise provided by any rule
made by the [71][71][Board of Revenue] in this behalf–
(a) a
Collector may hear and determine any of the suits mentioned in sub-section (3);
(b) an Assistant Collector of the first grade may
hear and determine any of the suits mentioned in the second and third groups of
that sub-section, and, if he has by name been specially empowered in this
behalf by the [72][72][Provincial Government], any of the suits
mentioned in the first group; and
(c) an
Assistant Collector of the second grade may hear and determine any of the suits
mentioned in the third group.
[73][73][(5) The
limitation for suits mentioned in sub-section (3) (Third Group), clause (n),
shall be one year from the day the rent or money equivalent to rent or sums
recoverable become due].
Administrative control
78. Superintendence and control of Revenue
Officers and revenue Courts.–
(1) The general superintendence and control over all [74][74][* * *] Revenue Officers and Revenue Courts
shall be vested in, and all such officers and Courts shall be subordinate to
the [75][75][Board of Revenue].
(2) Subject to the general superintendence
and control of the [76][76][Board of Revenue], [77][77][an Executive District Officer (Revenue)]
shall control all other Revenue Officers and Revenue Courts in his division.
(3) Subject as aforesaid and to the control
of the [78][78][Executive District Officer (Revenue)], a
Collector shall control all other Revenue Officers and Revenue Courts in his
district.
79. Power to distribute business and withdraw and
transfer cases.– (1) The [79][79][Board of Revenue] or [80][80][an Executive District Officer (Revenue)] or
Collector may by written order distribute, in such manner as [81][81][it or he thinks fit], any business
cognizable by any Revenue Officer or
(2) The [82][82][Board of Revenue] or [83][83][an Executive District Officer (Revenue)] or
Collector may withdraw any case pending before any Revenue Officer or Revenue
Court under [84][84][its or his] control, and either dispose of it [85][85][itself or himself] or by written order refer it
for disposal to any other Revenue Officer or Revenue Court under [86][86][its or his] control.
(3) An order under sub-section (1) or
sub-section (2) shall not empower any Revenue Officer or
Appeal, Review And Revision
80. Appeals.– [87][87][(1)] Subject to the provisions of this Act
and the rules thereunder, an appeal shall lie from an original or appellate
order or decree made under this Act by a Revenue Officer or Revenue Court, as
follows, namely:-
(a) to
the Collector when the order or decree is made by an Assistant Collector of
either grade;
(b) to
the [88][88][Executive District Officer (Revenue)] when
the order or decree is made by a Collector;
(c) to the [89][89][Board of Revenue only on a point of law] when the
order or decree is made by [90][90][an Executive District Officer (Revenue)]:
Provided
that–
(i) an appeal from an order or decree made by an
Assistant Collector of the first grade specially empowered by name in that behalf
by the [91][91][Provincial Government] in a suit mentioned in the
first group of sub-section (3) of section 77, shall lie to the [92][92][Executive District Officer (Revenue)] and not to
the Collector;
(ii) when
an original order or decree is confirmed on first appeal, a further appeal
shall not lie;
(iii) when
any such order or decree is modified or reversed on appeal by the Collector,
the order or decree made by the [93][93][Executive District Officer (Revenue)] on
further appeal, if any, to him shall be final.
[94][94][(2) An
order shall not be confirmed, modified or reversed in appeal unless reasonable
notice has been given to the parties affected thereby to appear and be heard in
support of or against the order appealed from].
81. Limitation for appeals.– The period of limitation for an appeal under
the last foregoing section shall run from the date of the order of decree
appealed against, and shall be as follows, that is to say–
(a) when
the appeal lies to the Collector – thirty days;
(b) when
the appeal lies to the [95][95][Executive District Officer (Revenue)] –
sixty days;
(c) when
the appeal lies to the [96][96][Board of Revenue] – ninety days.
82. Review by Revenue Officers.– (1) A Revenue Officer, as such, may either
of his own motion or on the application of any party interested, review, and on
so reviewing modify, reverse or confirm any order passed by himself or by any
of his predecessors-in-office:
Provided
as follows:-
[97][97][(a) an
order passed by his predecessor-in-office shall not be reviewed by the–
(i) [98][98][Executive District Officer (Revenue)]
without first obtaining the sanction of the Board of Revenue,
(ii) Collector without first obtaining the
sanction of the [99][99][Executive District Officer (Revenue)],
and no order shall be reviewed by any other
Revenue Officer without first obtaining the sanction of the Revenue Officer to
whose control he is immediately subject];
(b) an application for review of an order shall not be entertained
unless it is made within ninety days from the passing of the order, or unless
the applicant satisfies the Revenue Officer that he had sufficient cause for
not making the application within that period;
(c) an
order shall not be modified or reversed unless reasonable notice has been given
to the parties affected thereby to appear and be heard in support of the order;
(d) an
order against which an appeal has been preferred shall not be reviewed.
(2) For the purposes of this section the
Collector shall be deemed to be the successor-in-office of any Revenue Officer
of a lower class who has left the district or has ceased to exercise powers as
a Revenue officer, and whom there is no successor-in-office.
(3) An appeal shall not lie from an order
refusing to review, or confirming on review, a previous order.
83. Computation of periods limited for appeals
and applications for review.–
In the computation of the period for an appeal from, or an application for the
review of, an order under this Act, the limitation therefor shall be governed
by the [100][100][*
* *] Limitation Act, [101][101][1908].
84. Power to call for, examine and revise
proceedings of Revenue Officers and Revenue Courts.– (1) The [102][102][Board of Revenue] may at any time call for
the record of any case pending before, or disposed of by any Revenue Officer or
Revenue Court subordinate to [103][103][it].
(2) [104][104][An Executive District Officer (Revenue)] or
Collector may call for the record of any case pending before, or disposed of
by, any Revenue Officer or Revenue Court under his control.
(3) If in any case in which a [105][105][* * *] Collector has called for a record he
is of opinion that the proceedings taken or the order or decree made should be
modified or reversed, he shall submit the record with his opinion on the case
for the orders of the [106][106][Executive District Officer (Revenue)].
[107][107][(4) If,
after examining a record called for under sub-section (1), or sub-section (2)
or submitted under sub-section (3), the Board of Revenue or the [108][108][Executive District Officer (Revenue)], as the
case may be, is of the opinion that it is expedient to interfere with the
proceedings or the order or decree, it or he, as the case may be, shall pass an
order accordingly].
(5) If, after
examining the record, the [109][109][Board of Revenue] is of opinion that it is
expedient to interfere with the proceedings or the order or decree on any
ground on which the [110][110][High Court] in the exercise of the revisional
jurisdiction may under the law for the time being in force interfere with the
proceedings or an order or decree of a Civil Court, [111][111][it] shall fix a day for hearing the case, and
may, on that or any subsequent day to which [112][112][it] may adjourn the hearing or which [113][113][it] may appoint in this behalf, pass such order
as [114][114][it] thinks fit in the case.
(6) Except
when the [115][115][Board of Revenue] fixes under sub-section (5) a
day for hearing the case, no party has any right to be heard before the [116][116][Board of Revenue] when exercising [117][117][its] powers under this section.
Procedure
85. Procedure of Revenue Officers.– (1) The [118][118][Provincial Government] may makes [119][119]rules consistent with this Act for regulating
the procedure of Revenue Officers under this Act in cases in which a procedure
is not prescribed by this Act.
(2) The rules may provide, among other
matters, for the mode of enforcing orders of ejectment from, and delivery of
possession, of immovable property, and rules providing for those may confer on
a Revenue Officer all or any of the powers in regard to contempts, resistance
and the like which a Civil Court may exercise in the execution of a decree
whereby it has adjudged ejectment from, or delivery of possession of, such
property.
(3) The rules may also provide for the mode
of executing orders as to costs, and may adapt to proceedings under this Act
all or any of the provisions of the Punjab Land Revenue Act, [120][120][1967], with respect to arbitration.
(4) Subject to the rules under this section
a Revenue Officer may refer any case which he is empowered to dispose of under
this Act to another Revenue Officer for investigation and report, and may
decide the case upon the report.
86. Persons by whom appearances may be made
before Revenue Officers as such and not as Revenue Courts.– (1) Appearances before a Revenue Officer as
such, and applications to and acts to be done before him, under this Act may be
made or done–
(a) by the parties themselves, or
(b) by their recognized agents or a legal
practitioner:
Provided
that the employment of a recognized agent or legal practitioner shall not
excuse the personal attendance of a party to any proceeding in any case in
which personal attendance is specially required by an order of the officer.
(2) For the purpose of sub-section (1),
recognized agents shall be such persons as the [121][121][Provincial Government] may by notification
declare in this behalf.
(3) The fees of a legal practitioner shall
not be allowed as costs in any proceeding before a Revenue Officer under this
Act, unless that officer considers, for reasons to be recorded by him in
writing, that the fees should be allowed.
87. Costs.– (1) A Revenue Officer may give and apportion the costs of any
proceeding under this Act in any manner he thinks fit.
(2) But if he orders that the costs of any
such proceeding shall not follow the event, he shall record his reasons for the
order.
88. Procedure of
Revenue Courts.– (1) The [122][122][Provincial Government] may [123][123][* * *] make rules consistent with this Act for
regulating the procedure of Revenue Courts in matters under this Act for which
a procedure is not prescribed thereby, and by any such rules direct that any
provisions of the Code of Civil Procedure shall apply, with or without
modification to all or any classes of cases before those Courts.
(2) Until rules are made under sub-section
(1) and subject to those rules when made and to the provisions of this Act–
(a) the
Code of Civil Procedure shall, so far as it is applicable, apply to all
proceedings in Revenue Courts whether before or after decree; and
(b) the
[124][124][Board of Revenue] shall, in respect of those
proceedings, be deemed to be the High Court within the meaning of that Code,
and shall, subject to the provisions of this Act, exercise, as regards the
Courts under [125][125][its] control, all the powers of a High Court
under the Code.
89. Power of Revenue Officer or
(2) A person so summoned shall be bound to
appear at the time and place mentioned in the summons in person or if the
summons so allows, by his recognized agent or a legal practitioner.
(3) The person attending in obedience to the
summons shall be bound to state the truth upon any matter respecting which he
is examined or makes statements, and to produce such documents and other things
relating to any such matter as the Revenue Officer or
90. Mode of service of summons.– (1) A summons issued by a Revenue Officer or
Revenue Court shall, if practicable be served (a) personally on the person to
whom it is addressed, or failing him on (b) his recognized agents, or (c) an
adult male member of his family who is residing with him.
(2) If service cannot be so made, or if
acceptance of service so made is refused, the summons may be served by posting
a copy thereof at the usual or last known place of residence of the person to
whom it is addressed, or, if that person does not reside in the district in
which the Revenue Officer is employed or the Revenue Court is held, and the
case to which the summons relates has reference to land in that district, then
by posting a copy of the summons on some conspicuous place in or near the
estate wherein the land is situate.
(3) If the summons relates to a case in
which persons having the same interest are so numerous that personal service on
all of them is not reasonably practicable, it may, if the Revenue Officer or
Revenue Court so directs, be served by delivery of a copy thereof to such of
those persons as the officer or Court nominates in this behalf and by
proclamation of the contents thereof for the information of the other persons
interested.
(4) A summons may, if the Revenue Officer or
Revenue Court so directs, be served on the person named therein, either in
addition to, or in substitution for, any other mode of service, by forwarding
the summons by post in a letter addressed to the person and registered under
Part [126][126][VI] of the [127][127][* * *] Post Office Act, [128][128][1898].
(5) When a summons is so forwarded in a
letter and it is proved that the letter was properly addressed and duly posted
and registered, the Officer or Court may presume that the summons was served at
the time when the letter would be delivered in the ordinary course of post.
91. Mode of service of notice, or order or
proclamation or copy thereof.–
A notice, order or proclamation, or copy of any such document, issued by a
Revenue Officer or Revenue Court for service on any person shall be served in
the manner provided in the last foregoing section for the service of a summons.
92. Additional
mode of publishing proclamation.– When a proclamation relating to any land is
issued by a Revenue Officer or Revenue Court, it shall, in addition to any
other mode of publication which may be prescribed by any enactment for the time
being in force, be made by beat of drum or other customary method, and by the
posting of a copy thereof on a conspicuous place in or near the land to which
it relates.
93. Joinder of tenants as parties to proceeding
relating to rent.– (1) Any
number of tenants cultivating in the same estate, may in the discretion of the
Revenue Officer or Revenue Court and subject to any rules which the [129][129][Provincial Government] may make in this
behalf, be made parties to any proceeding under Chapter III.
(2) But a
decree or order shall not be made in any such proceedings unless the Revenue
Officer or
(3) A decree or order made in any such
proceeding shall specify the extent to which each of the tenants is affected
thereby.
94. Exception of suits under this Act from
operation of certain enactments.– Nothing in section 424 of the Code of Civil Procedure, or in section
36 of [130][130]the Punjab Municipal Act, 1884, shall be
construed to apply to a suit of a class mentioned in section 77 of this Act.
95. Payment into Court of money admitted to be
due to a third person.– (1)
When a defendant admits that money is due from him on account of rent, but
pleads that it is due not to the plaintiff but to a third person, the Court
shall, expect for special reasons to be recorded by it, refuse to take
cognizance of the plea unless the defendant pays into Court the amount so
admitted to be due.
(2) Where such a payment is made the Court
shall forthwith cause notice of the payment to be served on the third person.
(3) Unless the third person within three
months from the receipt of the notice institutes a suit against the plaintiff
and therein obtains an order restraining payment of the money, it shall be paid
to the plaintiff on his application to the Court therefor.
(4) Nothing in this section shall affect the
right of any person to recover from the plaintiff money paid to him under
sub-section (3).
(5) When a
defendant pays money into Court under this section, the Court shall give the
defendant a receipt, and the receipt so given shall operate as an acquittance in
the same manner and to the same extent as if it had been given by the plaintiff
or the third person, as the case may be.
96. Execution of decree for arrears of rent.–
97. Prohibition of imprisonment of tenants in
execution of decrees for arrears of rent.– A tenant shall not, during the continuance of his occupancy, be liable
to imprisonment on the application of his land-lord in execution of a decree
for an arrear of rent.
98. Power to refer party to Civil Court.– (1) If, in any proceeding pending before a
Revenue Court exercising original, appellate or revisional jurisdiction, it
appears to the Court that any question in issue is more proper for decision by
a Civil Court, the Revenue Court may, with the previous sanction of the Court,
if any, to the control of which it is immediately subject, require by order in
writing, any party to the proceeding to institute, within such time as it may
fix in this behalf, a suit in the Civil Court for the purpose of obtaining a
decision on the question, and, if he fails to comply with the requisition, may
decide the question as it think fit.
(2) If the party institutes the suit in
compliance with the requisition, the
99. Power to refer
to High Court questions as to jurisdiction.– (1) If the Presiding Officer of a Civil or
Revenue Court in which a suit has been instituted doubts whether he is precluded
from taking cognizance of the suit, he may refer the matter through the [131][131][District Judge] or [132][132][Executive District Officer (Revenue)], or, if he
is a [133][133][District Judge] or [134][134][Executive District Officer (Revenue)], directly
to the [135][135][High Court].
(2) On any such reference being made, the [136][136][High Court] may order the presiding officer
either to proceed with the suit or to return the plaint for presentation in
such other Court as it may in its order declare to be competent to take
cognizance of the suit.
(3) The order of the [137][137][High Court] on any such reference shall be
conclusive as against persons who are not parties to the suits as well as
against persons who are parties thereto.
100. Power of High
Court to validate proceedings held under mistake as to jurisdiction.– In either of the
following cases, namely:-
(a) if
it appears to a Civil Court that a Court under its control has determined a
suit of a class mentioned in section 77 which under the provisions of that
section should have been heard and determined by a Revenue Court, or
(b) if
it appears to a
the
(2) If on
perusal of the record it appears to the [139][139][High Court] that the suit was so determined in
good faith, and that the parties have not been prejudiced by the mistake as to
jurisdiction, the [140][140][High Court] may order that the decree be
registered in the Court which had jurisdiction.
(3) If it
appears to the [141][141][High Court] otherwise than on submission of a
record under sub-section (1), that a Civil Court under its control has determined
a suit of a class mentioned in section 77 which under the provisions of that
section should have been heard and determined by a Revenue Court, the [142][142][High Court] may pass any order which it might
have passed if the record had been submitted to it under that sub-section.
(4) With
respect to any proceeding subsequent to decree, the [143][143][High Court] may make such order for its
registration in a Revenue Court or Civil Court as in the circumstances appears
to be just and proper.
(5) An order of the [144][144][High Court] under this section shall be
conclusive as against persons who were not parties to the suit or proceeding as
well as against persons who were parties thereto, and the decree or proceeding
to which the order relates shall have effect as if it had been made or had by
the Court in which the order has required it to be registered.
(6) The provisions of this section shall
apply to any suit instituted on or after the first day of November, 1884, and
to proceedings arising out of any such suit.
Miscellaneous
101. Place of sitting.– (1) An Assistant collector may exercise his
powers under this Act at any place within the limits of the district in which
he is employed.
(2) Any other
Revenue Officer or
102. Holidays.– (1) The [145][145][Board of Revenue], with the approval of the [146][146][Provincial government], shall publish in the [147][147][Official Gazette] before the commencement of each
calendar year a list of days to be observed in that year as holidays by all or
any Revenue Officers and Revenue Courts.
(2) A proceeding held before a Revenue
Officer or
103. Discharge of
duties of Collector dying or being disabled.– When a Collector dies or is disabled from
performing his duties, the officer who succeeds [148][148][him] temporarily [149][149][* * *] under any orders which may be generally
or specially issued by the [150][150][Provincial Government] in this behalf, shall be
deemed to be a Collector under this Act.
104. Retention of
powers by Revenue Officer on transfer.– When a Revenue Officer of any class who, either
as such or as a Revenue Court, has under the foregoing provisions of this Act
any powers to be exercised in any local area is transferred from that local
area to another as a Revenue Officer or Revenue Court of the same or a higher
class, he shall continue to exercise those powers in that other local area
unless the [151][151][Provincial Government] otherwise directs or has
otherwise directed.
105. Conferment of
powers of Revenue Officer or Revenue Court.– (1) The [152][152][Provincial Government] may by notification
confer on any person–
(a) all
or any of the powers of [153][153][Board of Revenue], [154][154][Executive District Officer (Revenue)] or Collector under this Act, or
(b) all
or any of the powers with which an Assistant Collector of either grade is, or
may be, invested thereunder,
and may by notification withdraw any powers
so conferred.
(2) A person on whom powers are conferred
under sub-section (1) shall exercise those powers within such local limits and
in such classes of cases as the [155][155][Provincial Government] may direct, and
except as otherwise directed by the [156][156][Provincial Government], shall for all
purposes connected with the exercise whereof be deemed [157][157][Board of Revenue], [158][158][Executive District Officer (Revenue)],
Collector or Assistant Collector, as the case may be.
(3) Before
conferring powers on the Judge of a
(4) If any of the powers of a Collector
under section 78, section 79, section 80 or section 82 are conferred on an
Assistant Collector, they shall, unless the [161][161][Provincial Government] by special order
otherwise directs, be exercised by him subject to the control of the Collector.
106. Power of Board of Revenue to make rules.– (1) The [162][162][Board of Revenue] may, in addition to the
other rules which may be made by [163][163][it] under this Act, make rules consistent
with this Act and other enactment for the time being in force,–
(a) determining,
notwithstanding anything in any record-of-rights, the number and amount of the
installments and the times by and at which rent is to be paid;
(b) for the guidance of Revenue Officers in
determining, for the purposes of this Act, the amount of the land revenue of
any land;
(c) prescribing
for all or any of the territories to which this Act extends, the periods during
which in proceedings held under this Act, a Revenue Officer or Revenue Court is
not, except for reasons of urgency to be recorded, to issue any process of
arrest against a tenant or against a land-owner who cultivates his own land;
(d) regulating
the procedure in cases where persons are entitled to inspect records of Revenue
Officers or Revenue Courts, or to obtain copies of the same, and prescribing
the fees payable for searches and copies;
(e) prescribing
forms for such books, entries, statistics and accounts as the [164][164][Board of Revenue] thinks necessary to be
kept, made or compiled in Revenue Offices or Revenue Courts or submitted to any
authority;
(f) declaring
what shall be the language of any of those Offices and Courts, and determining
in what cases persons practising in those offices and Courts shall be permitted
to address the Presiding Officers thereof in English; and
(g) generally for the guidance of Revenue Officers
and other persons in matters connected with the enforcement of this Act.
(2) Until rules are made under clause (a) of
sub-section (1), rent shall be payable by the installments and at the times by
and at which it is now payable.
(3) Rules made by the [165][165][Board of Revenue] under this or any other
section of this Act shall [166][166][be made subject to the control of] the [167][167][Provincial Government].
107. Rules to be made after previous publication.– The power to make any rules under this Act
is subject [168][168][* * *] to the condition of the rules being
made after previous publication.
108. Powers exercisable by Board of Revenue from
time to time.– All powers
conferred by this Act on the [169][169][Board of Revenue] may be exercised from time
to time as occasion requires.
CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND
AGREEMENTS
109. Nullity of certain entries in
records-of-rights.– An entry
in any record-of-rights providing–
(a) that
a land-lord may prevent a tenant from making, or eject him for making, such
improvements on his tenancy as he is entitled to make under this Act, or
(b) that
a tenant ejected from his tenancy shall not be entitled to compensation for
improvements or for disturbance in any case in which he would under this Act be
entitled to compensation therefor, or
(c) that
a land-lord may eject a tenant otherwise than in accordance with the provisions
of this Act,
shall be void to that extent.
110. Nullity of certain agreements contrary to the
Act.– (1) Nothing in any
agreement made between a land-lord and a tenant after the passing of this Act
shall–
(a) override
any of the provisions of this Act with respect to the acquisition of a right of
occupancy, or the reduction, remission or suspension of rent, or the
enhancement of the rent of a tenant having a right of occupancy under section 5
or section 6, or
(b) take
away or limit the right of a tenant as determined by this Act to make
improvements and claim compensation therefor, or, where compensation for
disturbance can be claimed under this Act, to claim such compensation, or
(c) entitle
a land-lord to eject a tenant otherwise than in accordance with the provisions
of this Act.
(2) Nothing in clause (a) of sub-section (1)
shall apply to an agreement by which a tenant binds himself to pay an enhanced
rent in consideration of an improvement which has been or is to be made in
respect of his tenancy, by or at the expense of his land-lord, and to the
benefit of which the tenant is not otherwise entitled.
111. Saving of other agreements when in writing.– Save as expressly provided in this Act,
nothing in this Act shall affect the operation of any agreement between a
land-lord and a tenant, when the agreement either is in writing or has been
recorded in a record-of-rights before the passing of the [170][170]Punjab Land Revenue Act, 1887, or been
entered by order of Revenue Officer in a record-of-rights or annual record
under the provisions of that Act.
112. Effect of certain entries made in
records-of-rights before November, 1871.– An entry made with respect to any of the following matters before the
eighteenth day of November, 1871, and attested by the proper officer, in the
record of regular settlement sanctioned by the [171][171][Provincial Government], namely:-
(a) the
enhancement or abatement of the rent of a tenant having right of occupancy or
the commutation of rent in kind into rent in money or of rent in money into
rent in kind, or the taking of rent in kind by division or appraisement of the
produce or other procedure of a like nature, or
(b) the
letting or under-letting of land in which there is a right of occupancy by the
tenant having that right, or the alienation of or succession to land in which
such a right subsists,
shall be deemed to be an agreement within the
meaning of the last foregoing section.
[172][172][113. [173][173][Nothing
but rent or seed supplied recoverable].– [174][174][(1)] Notwithstanding anything to the
contrary in this Act or in any other law for the time being in force or any
revenue record or agreement or any rule of custom or any decision of a Court or
arbitrator, no tenant shall be liable for, and no land-lord shall be entitled
to anything in the shape of a cess, village cess, or other contribution or due
or any free personal service, in addition to the rent payable for the land held
by the former under the latter].
[175][175][(2) Notwithstanding
any agreement to the contrary, where a land-lord supplied any seed to his
tenant, he shall be entitled to recover from the tenant only the quantity of
seed actually supplied and nothing in excess thereof].
[176][176][114. Extinction of occupancy tenancies.– (1) Notwithstanding
anything contained in any law for the time being in force, including this Act,
no person shall, after the coming into force of the Punjab Tenancy (Amendment)
Act, 1952, acquire or have occupancy rights in any land under any enactment or
contract or any decree or order of any Court or other authority and the
existing occupancy rights in respect of all lands other than lands owned by
Government or by any person who under the law for the time being in force is an
evacuee, shall on the coming into force of the aforesaid Act, be extinguished,
and the land comprised in a tenancy so extinguished shall vest as hereinafter
provided.
(2) An occupancy tenant, who at the time of
the coming into force of the aforesaid Amendment Act occupies any land as such
shall become owner as under:-
(a) of
the entire land comprised in his tenancy without payment of any compensation
where he pays no rent therefor beyond the amount of the land revenue, and rates
and cesses for the time being chargeable therefor;
(b) of
such portion of the land comprised in his tenancy without payment of any
compensation as corresponds to his share of the produce where he pays rent in
the form of a share of the produce;
(c) of
the entire land comprised in his tenancy on payment of compensation to the
land-lord in cash at such rates and within such periods as may be prescribed by
the Government by rules framed for the purpose, where he pays rent only in
cash;
(d) of
the whole or a portion of the land comprised in his tenancy on payment of such
compensation in such form and within such time to the land-lord as may be
determined by Government by rules framed under this Act, where he pays rent
partly in cash and partly in the form of a share of the produce.
(3) So long as Government does not frame
rules for purposes of clauses (c) and (d) of sub-section (2), an occupancy
tenancy falling under any of these clauses shall, notwithstanding the provision
made in sub-section (1), continue to subsist, and the land-lord and the
occupancy tenant shall continue to enjoy the same rights, and be subject to the
same liabilities, as before.
(4) In a case falling under clause (b) of
sub-section (2) the land-lord shall, without payment of any compensation, be
entitled to the possession of the rest of the land comprised in the tenancy.
(5) An occupancy tenant acquiring land in
accordance with the provisions of sub-section (2) shall acquire it free from
all encumbrances created in respect of that land by the land-lord and if any
encumbrance be created by the tenant, the share of the land received by the
land-lord shall be free from it and notwithstanding any provision of any law for
the time being in force to the contrary each such encumbrance shall become the
exclusive liability of the land-lord or the occupancy tenant, as the case may
be.
(6) Where compensation is to be paid by a
tenant in cash under clause (c) of sub-section (2) Government may, with a view
to enabling an occupancy tenant to acquire land in accordance with the
provisions of this section, advance a loan which shall be recoverable as
arrears of land revenue with interest at such rates and in such installments as
the Government may fix generally or in particular cases.
(7) Government shall frame rules to give
effect to the provisions of this section, and while framing rules it may
classify lands into different categories and prescribe different principles for
assessment of compensation].
[177][177][114-A. Extinction of Muqarraridari rights.– (1) Notwithstanding
anything contained in any law for the time being in force, including this Act,
no person shall, after the coming into force of the Punjab Tenancy (removal of
Doubts and Amendment) Ordinance, 1974, hereinafter referred to as the said
Ordinance acquire or have muqarraridari right in any land under any enactment
or contract or other authority, and the existing muqarraridari rights in
respect of all lands other than the lands owned by or vesting in Government or
by any person who, under the law for the time being in force is an evacuee,
shall, on coming into force of the said Ordinance, be extinguished and the land
in respect of which muqarraridari rights are to be extinguished, hereinafter
referred to as the said land, shall vest as hereinafter provided.
(2) A
muqarraridar who, at the time of coming into force of the said Ordinance,
occupies the said land as such shall become owner as under:-
(a) of
the said land in its entirety without payment of any compensation where he pays
no rent therefor beyond the amount of the land revenue and rates and cesses for
the time being chargeable therefor;
(b) of
such portion of the said land without payment of any compensation as corresponds
to his share of the produce where he pays rent in the form of a share of the
produce;
(c) of the said land in its entirety on payment of
compensation to the proprietor in cash at such rates and within such periods as
may be prescribed by the Government by rules framed for the purpose, where he
pays rent only in cash; and
(d) of
the whole or a portion of the said land on payment of such compensation in such
form and within such time to the proprietor as may be determined by Government
by rules framed under this section, where he pays rent partly in cash and
partly in the form of share of the produce.
(3) So long as Government does not frame
rules, for purposes of clauses (c) and (d) of sub-section (2), muqarraridari
rights falling under any of those clauses shall, notwithstanding the provision
made in sub-section (1) continue to subsist and the proprietor and the
muqarraridar shall continue to enjoy the same rights, and be subject to the
same liabilities, as before.
(4) In a case falling under clause (b) of
sub-section (2) the proprietor shall, without payment of any compensation, be
entitled to the possession of the rest of the said land.
(5) A muqarraridar acquiring land in
accordance with the provisions of sub-section (1) shall acquire it free from
all encumbrances created in respect of that land by the proprietor and if any
encumbrance be created by the muqarraridar the share of the land received by
the proprietor shall be free from it and notwithstanding any provision of any
law for the time being in force to the contrary, each such encumbrance shall
become the exclusive liability of the proprietor or the muqarraridar as the
case may be.
(6) Where
compensation is to be paid by a muqarraridar in cash under clause (c) of
sub-section (2) Government may, with a view to enabling a muqarraridar to
acquire land in accordance with the provisions of this section, advance a loan
which shall be recoverable as arrears of land revenue with interest at such
rates and in such installments as the Government may fix generally or in
particular cases.
(7) Government shall frame rules to have
effect to the provisions of this section, and while framing the rules it may
classify land into different categories and prescribe different principles of
assessment of compensation].
[178][178][114-B. Removal of doubts.– Notwithstanding
anything contained in this Act or any other law for the time being in force or
any decree, judgment, or order of any Court or any other authority, an
occupancy tenant under a muqarraridar shall be deemed and be deemed always to
have, on the extinction of his occupancy rights under section 114, become the
owner of the rights possessed by the muqarraridar in the entire or, as the case
may be, in a part of the land comprised in his tenancy and in respect of such
land section 114-A shall have effect accordingly].
[179][179][115. Limits of holding for personal
cultivation.– (1) No person
owning more than 100 acres of land shall have in his possession for personal
cultivation any irrigated culturable land exceeding 50 acres.
Explanation– Where any such person has in his possession
any such land jointly or in partnership with any one else, only his own share
of the land in such possession shall be taken into consideration in computing
the 50 acres for the purpose of this sub-section.
(2) If a person owning more than 100 acres
of land has in his possession culturable land in excess of 50 acres, he shall
within three months of the date on which the Punjab Tenancy (Amendment) Act,
1952, comes into force, and if such person is in the military service of
Pakistan on that date, then within six months of his release from such service,
let out the area in excess of 50 acres to tenants on terms permissible under
the law:
Provided
that if the said land in excess of 50 acres is under crop at the time of the
coming into force of the aforesaid Act, it shall be so let out within one month
of the removal of the crop:
Provided
further that if the land to be let out has been prepared for sowing, the person
who has so prepared it shall be entitled to compensation from the person to
whom the land is let out, and such compensation and the mode of its payment
shall, in case of a dispute, be assessed and determined by the Revenue Officer
referred to in sub-section (4) in accordance with the provisions of this Act,
in so far as these may be applicable.
(3) Where a
person not owning more than 100 acres of land on the date of the coming into
force of the Punjab Tenancy (Amendment) Act, 1952, acquires by any means more
land which alongwith land already owned by him totals more than 100 acres, he
shall, within three months of such acquisition, let out to tenants so much of
the land as is in his possession in excess of 50 acres of culturable land, and
the provisos to sub-section (2) shall in so far as applicable apply to this
case.
(4) If any person who is required by
sub-section (2) or sub-section (3) to let out any land fails to find suitable
tenants, he shall, before the expiry of the period fixed by the relevant
sub-section, intimate the fact in writing to the Revenue Officer, who would be
competent under the law to entertain an application for the ejectment of the
tenant from the land, if such land had been let out to him, and such Revenue
Officer shall proceed in accordance with such rules as may be framed by
Government to find suitable tenants for the land.
(5) When a person acts under sub-section
(4), he shall let out the land to tenants recommended by the Revenue Officer,
and in case he fails to do so, he shall be deemed to have contravened the
provisions of this section, and besides any other penalty which may be imposed
on him under the law, the Revenue Officer referred to in sub-section (4) shall
have the power to settle tenants on the land which such person is keeping in
excess of the limits prescribed by this section:
Provided
that if the Revenue Officer fails to find tenants for the land, and in
consequence thereof such person continues to occupy any land in excess of the
prescribed limits, he will not be deemed to have contravened the provisions of
this section:
Provided further that in a case covered by the first
proviso the Revenue Officer will have the power to settle tenants on the land
at proper time, whenever he is able to find suitable persons for this purpose.
(6) Where a person has in accordance with
the provisions of sub-section (2) or sub-section (3) made a choice with respect
to the land which he is to keep for his personal cultivation, he shall not
thereafter have the right to claim any other land in lieu of the whole or part
of that land, even though he may have lost that land through alienation:
Provided
that he shall have the right of exchanging the said area of 50 acres or any
part thereof with any land in which he may acquire proprietary rights, by
inheritance, after having made the said choice:
Provided further that if the land reserved by a person
for personal cultivation or any portion thereof is compulsorily acquired by the
Provincial or the [180][180]Central Government, or
is rendered darya burd, or if 50 per
centum or more of such land is rendered totally unculturable on account of the
action of Sem or Thur, the said
person shall be entitled to so much additional area, as with the area, if any,
still in his possession, and in the last mentioned case, the area fit for
cultivation, will make up 50 acres.
(7) Land attached to and used for the
purposes of a cattle farm or a stud farm recognised by Government shall be
exempt from the provisions of this section. But an owner of any such farm shall
not be entitled to retain for personal cultivation any other land, even though
the land attached to such farm is less than 50 acres.
Explanation– For the purposes of this sub-section a
cattle farm means a farm of agricultural land which is exclusively reserved for
the purposes of breeding cattle, and a stud-farm means a farm of such land
exclusively reserved for breeding of horses or mules.
(8) A person who owns 25 acres of land or
more shall not be selected or given any land as a tenant under sub-section (2),
(3), (4) or (5) and no tenant shall be allowed more than 25 acres as such.
(9) Government may, by notification in the
official gazette, exempt any person or class of persons owning land or any land
or class of land from the operation of this section.
Explanation 1– For the purposes of computing the area for
personal cultivation an acre of unirrigated culturable land shall be counted as
half an acre and the terms irrigated and unirrigated shall be defined by rules
framed by Government under this Act, and if there is in the opinion of the
Government any land which does not fall under these two categories, the rules
shall prescribe a separate category for it, and shall fix the ratio which such
land shall bear in relation to irrigated land for purposes of such computation.
Explanation 2– For the purposes of this section, land
under a garden which is in existence on the date of the coming into force of
the Punjab Tenancy (Amendment) Act, 1952, and which according to the nature of
the trees planted is deemed fully covered, shall not be treated as culturable
even though any portion thereof may be fit or actually used for purposes of
cultivation. But if a garden is planted in any land after the coming into force
of the aforesaid Act, the land thereunder shall be treated as culturable.
Explanation 3– For the purposes of this section, if land,
which according to the provisions of the revenue law for the time being in
force is banjar qadeem and is shown
in revenue record as such is brought under cultivation or a garden is planted
therein, shall continue to be treated as not culturable.
Explanation
4– For
the purposes of this section cultivation through any direct descendant of the
person owning land or his wife or servant or hired labour shall be treated as
personal cultivation by the said person.
Explanation
5– For
the purposes of this section a mortgagee of land with possession, a tenant of
Government land under [181][181][the Colonization of Government Lands (Punjab)
Act, 1912], who has not acquired proprietary rights, a lessee other than a
lessee of [182][182][Government] land, and an allottee whether
provisional or permanent of land under the law for the rehabilitation of
refugees for the time being in force shall be deemed to be a person owning such
land].
[183][183][116. Offences.– (a) If any land-lord–
(i) recovers from any tenant anything in the
shape of a cess, village cess or other contribution or due or any other free
service in addition to the rent payable in respect of the land held by the
latter under the former; or
(ii) recovers from the tenant in lieu of the seed
supplied to him anything in excess of the seed actually supplied; or
(iii) ejects a tenant forcibly or against the
provisions of law; or
(b) if
any person owning land contravenes the provisions of section 115; or
(c) if
any tenant refuses or fails to vacate any land in compliance with an order
passed by competent authority–
he shall be guilty of an offence punishable
with imprisonment of either description which may extend to one year or fine or
with both].
THE SCHEDULE
[Repealed by the Amending Act (XII of 1891),
section
2 (1) and First Schedule]
[1][1]Substituted by the
[2][2]Substituted by the Government
of
[3][3]Added by the
[4][4]Added by the
[5][5]Omitted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[6][6]Substituted ibid., for the figure “1887”.
[7][7]Substituted
by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for the word
“Crown”.
[8][8]Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[9][9]Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[10][10]Substituted
by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for the word
“Crown”.
[11][11]Ibid.
[12][12]Deleted by the Amending Act,
1891 (XII of 1891).
[13][13]Substituted
for the words “Punjab District Boards Act, 1883, and any, fee leviable under
section 33 of that Act from land-owners for the use of, or benefits derived from
such works as are referred to in section 20, clauses (i) and (j) of that Act”
by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will
remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of
1999), Article 4, notwithstanding the maximum limit of three months prescribed
under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[14][14]The words “
[15][15]The words “zaildari and” omitted ibid.
[16][16]Substituted by the
[17][17]Substituted, for “Provincial
Government”, by the
[18][18]Substituted, for the words
“by the Crown”, by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964).
[19][19]Substituted ibid., for the words “an officer of the
Crown”.
[20][20]Substituted by the Government
of
[21][21]Ibid.
[22][22]Inserted by the
[23][23]Added by the
[24][24]Substituted by the
[25][25]Substituted by the Government
of
[26][26]Added by the Punjab Tenancy
(Amendment) Act, 1952 (VII of 1952) and later substituted by the Punjab Tenancy
(Removal of Doubts and Amendment) Act, 1975 (XXXVIII of 1975).
[27][27]Substituted for the figure “115” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[28][28]Added by the
[29][29]Added by the
[30][30]Substituted for the figure “56” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[31][31]Substituted ibid., for the figure “1887”.
[32][32]Inserted by the
[33][33]Ibid.
[34][34]Substituted for the figure “56” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[35][35]Substituted ibid., for the figure “1887”.
[36][36]Substituted by the
[37][37]Substituted by the
[38][38]Added by the
[39][39]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for the word “Crown”.
[40][40]Substituted ibid., for the words “any officer of the
Crown”.
[41][41]Inserted by the
[42][42]Ibid.
[43][43]Added by the
[44][44]Ibid.
[45][45]Inserted by the Amending Act,
1891 (XII of 1891).
[46][46]Substituted by the
[47][47]Inserted by the
[48][48]Substituted, for “Local
Government”, by the Government of
[49][49]Inserted by the
[50][50]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for the word “Crown”.
[51][51]Substituted ibid., for the words “any servant of
Crown”.
[52][52]Added by the
[53][53]Substituted by the
[54][54]Inserted by the
[55][55]Inserted by the
[56][56]Inserted by the
[57][57]Substituted by the Government
of
[58][58]The words “with the previous
sanction of the Governor General in Council” were repealed by the Punjab Courts
(Amendment) Act, 1914 (IV of 1914).
[59][59]Added by the
[60][60]Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[61][61]Substituted by the Government
of
[62][62]Substituted by the
[63][63]Substituted for the figure
“1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which
will remain in force under the Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[64][64]Inserted by the
[65][65]Substituted by the
[66][66]Substituted by the Government
of
[67][67]Added by the
[68][68]Substituted,
for “Rs. 1,000”, by the
[69][69]Added by the
[70][70]The
words and comma “, zaildars, inamdars” omitted by the Punjab Tenancy
(Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[71][71]Substituted by the
[72][72]Substituted by the Government
of
[73][73]Added by the
[74][74]The word “other”, deleted by
the
[75][75]Substituted the
[76][76]Ibid.
[77][77]Substituted
for the words “a Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[78][78]Ibid., for the word “Commissioner”
[79][79]Substituted the
[80][80]Substituted for the words “a Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[81][81]Substituted by the
[82][82]Ibid., for “Financial
Commissioner”.
[83][83]Substituted for the words “a Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[84][84]Substituted by the
[85][85]Ibid.
[86][86]Ibid.
[87][87]Inserted by the
[88][88]Substituted for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[89][89]Substituted by the
[90][90]Substituted
for the words “a Commissioner” by the Punjab Tenancy (Amendment) Ordinance,
2001 (LVI of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[91][91]Substituted by the Government
of
[92][92]Substituted for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[93][93]Ibid.
[94][94]Added by the
[95][95]Substituted for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[96][96]Substituted by the
[97][97]Substituted ibid.
[98][98]Substituted for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[99][99]Ibid.
[100][100]The word “Indian” omitted by
the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain
in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
Article 4, notwithstanding the maximum limit of three months prescribed under
Article 128 of the Constitution of the Islamic Republic of Pakistan.
[101][101]Substituted ibid., for the figure “1877”.
[102][102]Substituted by the
[103][103]Substituted ibid., for the word “him”.
[104][104]Substituted
for the words “A Commissioner” by the Punjab Tenancy (Amendment) Ordinance,
2001 (LVI of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[105][105]The words, “Commissioner or”
deleted by the
[106][106]Substituted
for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[107][107]Substituted
by the
[108][108]Substituted
for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[109][109]Substituted by the
[110][110]Substituted by Act XVIII of
1919, for the words “
[111][111]Substituted by the
[112][112]Substituted by the
[113][113]Ibid.
[114][114]Ibid.
[115][115]Substituted ibid., for “Financial Commissioner”.
[116][116]Ibid.
[117][117]Substituted ibid., for the word “his”.
[118][118]Substituted by the Government
of
[119][119]For rules under section 85
(1), See Notification No. 77, Pb
Gazette (Extraordinary), dated,
1-3-1888, page 79.
[120][120]Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[121][121]Substituted by the Government
of
[122][122]Ibid.
[123][123]The words “with the previous
sanction of the Governor-General in Council”, deleted by the Punjab Courts
(Amendment) Act, 1914 (IV of 1914).
[124][124]Substituted by the
[125][125]Substituted ibid., for
the word “his”.
[126][126]Substituted for the word “III” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[127][127]The word “Indian” omitted ibid.
[128][128]Substituted ibid., for the figure “1886”.
[129][129]Substituted by the Government
of
[130][130]Repealed by the Punjab
Municipal Act, 1911 (III of 1911), which Act was repealed by the West Pakistan Waqf
Properties (Amendment) Ordinance, 1960 (X of 1960), which was subsequently
repealed by the Punjab Local Government Act, 1975, which has since been
repealed by the Punjab Local Government Ordinance, 1979.
[131][131]Substituted by the
[132][132]Substituted
for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[133][133]Substituted by the Punjab
Courts Act, 1918 (VI of 1918), for words “Divisional Judge”.
[134][134]Substituted
for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[135][135]Substituted by Act XVIII of
1919, for the words “
[136][136]Ibid.
[137][137]Ibid.
[138][138]Ibid.
[139][139]Ibid
[140][140]Substituted by Act XVIII of
1919, for the words “
[141][141]Ibid.
[142][142]Ibid.
[143][143]Ibid.
[144][144]Ibid.
[145][145]Substituted by the
[146][146]Substituted by the Government
of
[147][147]Substituted ibid., for “local official Gazette”.
[148][148]Inserted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[149][149]The words “to the chief
executive administration of the district” deleted ibid
[150][150]Substituted for the words
“Local Government”, by the Government of
[151][151]Ibid.
[152][152]Ibid.
[153][153]Substituted by the
[154][154]Substituted
for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[155][155]Substituted by the Government
of
[156][156]Ibid.
[157][157]Substituted by the
[158][158]Substituted
for the word “Commissioner” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[159][159]Substituted by the Government
of
[160][160]Substituted by Act XVIII of
1919, for “
[161][161]Substituted by the Government
of
[162][162]Substituted by the
[163][163]Substituted by the
[164][164]Substituted by the
[165][165]Substituted by the
[166][166]Substituted by the Punjab
Courts (Amendment) Act, 1914 (IV of 1914), for “not take effect until they have
been sanctioned by”.
[167][167]Substituted by the Government
of
[168][168]The words, “to the control of
the Governor General in Council and”, deleted by the Devolution Act, 1920
(XXXVIII of 1920).
[169][169]Substituted by the
[170][170]Repealed by the
[171][171]Substituted by the Government
of
[172][172]Section 113 added by the
Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950).
[173][173]Added by the
[174][174]Numbered by the
[175][175]Added ibid.
[176][176]Added by the
[177][177]Added by the
[178][178]Added by the
[179][179]Added by the
[180][180]Now “Federal Government”, see P.O. 4 of 1975.
[181][181]Substituted by the
[182][182]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for “Crown”.
[183][183]Added by the
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