[1]THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB )
ACT, 1912
(Act V of
1912)
[21 June 1912 ]
An Act to make better provision
for the Colonization and
Administration of Government
Lands in the Punjab .
WHEREAS it is expedient to make better provision for the colonization
and administration of Government lands in the Punjab ;
It is hereby enacted
as follows:-
1. Title and local extent.– (1) This Act may be called the Colonization of Government Lands (Punjab ) Act, 1912.
2. Repeal.– The Government Tenants
(Punjab ) Act, 1893 is hereby repealed.
3. Definitions.– In this Act, unless there is something repugnant in the subject or
context,–
“Collector” means the Collector of the
district as described in [4][[5][the Punjab] Land Revenue Act 1967] and
includes (1) any officer appointed by the [6][Board of Revenue] to perform all or any of
the functions and exercise all or any of the powers of the Collector under this
Act, and (2) any Colonization Officer or Assistant Colonization Officer
appointed as such before the commencement of this Act, whether or not such
officer was by notification appointed to perform all or any of the functions of
a Deputy Commissioner under the Act hereby repealed.
[7][“Commissioner”] includes any officer
appointed by the [8][Board of Revenue] to perform all or any of
the functions and exercise all or any of the powers of a [9][Commissioner] under this Act.
“Colony” means any area to which this
Act shall be applied by order of the [10][Provincial Government] and, unless the [11][Provincial Government] otherwise directs any
area to which the Government Tenants (Punjab )
Act, 1893, has been applied.
“Prescribed” means sanctioned by [12][Board of Revenue] under this Act or under
the Act hereby repealed.
[13][“Improvement” means, with reference to a
tenancy, any work which is suitable to the tenancy and consistent with the
conditions on which it is held, by which the value of the tenancy has been and
continues to be increased, and which, if not executed on the tenancy, is either
executed directly for its benefit, or is, after execution, made directly
beneficial to it:
Explanation I–
It includes among other things–
(a) the
construction of wells and other works for the storage or supply of water for
agricultural purposes;
(b) the
construction of works for drainage and for protection against floods;
(c) the planting of trees, the reclaiming,
enclosing, levelling and terracing of land for agricultural purposes and other
works of a like nature;
(d) the
erection of buildings required for the more convenient or profitable
cultivation of a tenancy; and
(e) the
renewal or reconstruction of any of the foregoing works, or such alterations
therein, or additions thereto, as are not of the nature of mere repairs and as
durably increase their value;
But it does not include such
clearances, embankments, levellings, enclosures, temporary wells and
water-channels as are made by tenants in the ordinary course of cultivation and
without any special expenditure, or any other benefit accruing to land from the
ordinary operations of husbandry;
Explanation
II– A work which benefits several tenancies may be deemed to be,
with respect to each of them, an improvement.
Explanation
III– A work executed by a tenant is not an improvement if it
substantially diminishes the value of any other part of his landlord’s
property].
“Tenant” means any person holding land
in a colony as a tenant of [14][Government], and includes the predecessors
and successors in interest of a tenant.
[15][“Original tenant” means
any male, to whom a tenancy is first allotted by the Collector, and includes
the male transferee of such a tenant and any male nominated by the Collector in
accordance with the provisions of section 21 to succeed a female, to whom a
tenancy was first allotted.]
Chapter I
Preliminary
4. Application of the Act.– This Act shall, unless the [16][Provincial Government] otherwise directs,
apply to land to which the provisions of the Government Tenants (Punjab) Act
1893[17], have been applied and to any other land to
which the [18][Provincial Government] may by notification
in the Official Gazette apply it and which at the time of the notification was
the [19][property of the [20][Provincial Government]]:
Provided that [21][unless the [22][Provincial Government] by general or special
order otherwise directs] nothing in sections 20, 21, 22 and 23, or in the
proviso to section 14, of this Act shall, [23][* * *] apply to tenancies specified in
Schedule I of this Act, or to any class of tenancies created hereafter which
the [24][Provincial Government] may declare to be
scheduled tenancies under this section.
5. Power to withdraw a colony from the operation of the Act.– The [25][Provincial Government] may, at any time by
notification in the Official Gazette, withdraw a colony or any part of a colony
from the operation of all or any of the provisions of this Act.
[26][6. Applicability of tenancy laws.– Except as provided in section 7, the Punjab
Tenancy Act, 1887[27], or any other law relating to tenancy for
the time being in force in any part of the [28][Punjab ]
shall not be applicable to tenancies under this Act.]
[29][7. Applicability of
the Punjab Land Revenue Act and Punjab Tenancy Act.– (1) Subject to the
provisions of this Act, the [30][Punjab] Land Revenue
Act, 1967[31], Chapter VII of the
Punjab Tenancy Act, 1887[32] or the corresponding
provisions of any other law relating to tenancy for the time being in force in
the area where proceedings under this Act are to be taken, and the rules
thereunder, shall apply to all proceedings under this Act:
Provided that nothing
in the [33][Punjab] Land Revenue Act, 1967, the Punjab
Tenancy Act, 1887, or any other law relating to tenancy for the time being in
force in the [34][Punjab] shall be so construed as to vary or
invalidate any condition entered in any statement of conditions issued by the
Provincial Government.
(2) Nothing in section 6 shall affect the
application of the Punjab Tenancy Act, 1887[35], or any other law relating to tenancy for
the time being in force, to any matter or dispute arising between Government
tenants and their sub-tenants to which Government is not a party].
Chapter II
Provisions relating to Tenants
10. Issue of statements of conditions of tenancies.– (1) The [38][Board of Revenue subject to the general
approval of the Government] may grant land in a colony to any person on such
conditions as it thinks fit.
(2) The [39][Provincial Government]
may issue a statement or statements of the conditions on which it is willing to
grant land in a colony to tenants.
(3) Where such statements of conditions have
been issued, the Collector may, subject to the control of the [40][Board of Revenue], allot land to any person,
to be held subject to such statement or conditions issued under sub-section (2)
of this section, as the Collector may by written order declare to be applicable
to the case.
(4) No person shall be deemed to be a tenant
or to have any right or title in the land allotted to him until such a written
order has been passed and he has taken possession of the land with the
permission of the Collector. After possession has been so taken, the grant
shall be held subject to the conditions declared applicable thereto.
11. Legal effect
of statements of conditions.– Subject to the provisions of this Act, the grant of any
tenancy in accordance with any statements of conditions which have been or may
hereafter be issued by the [41][Provincial Government]
under the Government Tenants (Punjab) Act, 1893[42], or under this Act shall
be deemed to be transfer of a land within the meaning of the Crown Grants Act,
1895, and shall be governed by the provisions of the said Act.
12. Temporary absence.– Any condition included in any statement of
conditions which imposes an obligation of residence shall not be deemed to have
been infringed by reason only of the temporary absence of a tenant who has
established a permanent residence in the estate in which his holding is
situated.
13. Entries in record of rights or in annual
record to be equivalent to entries in register issued under Act III of 1893.– Where in any statement of conditions issued
before the commencement of this Act reference is made to any register
prescribed under the Government Tenants (Punjab) Act, 1893[43], then the record-of-rights or the annual
record shall, so far as may be, be deemed to be such a register.
14. Position of tenants holding hitherto under
Act III of 1893.– Any person
who at any time before the commencement of this Act was a tenant from [44][Government] of land to which the Government
Tenants (Punjab) Act, 1893[45], applied and for which a statement of
conditions was issued under that Act, shall, notwithstanding any previous
agreement or anything contained in the Punjab Tenancy Act, 1887[46], or any other enactment now in force, be
deemed to have accepted and to hold the lands of which he is a tenant in
accordance with such statement of conditions:
Provided that unless
such tenant [47][not being a Muslim] shall, by deed executed
and registered within twelve months from the date on which this Act comes into
force, declare that the succession to his tenancy shall be in accordance with
the statement of conditions applicable thereto, the succession to his tenancy
shall be regulated by the provisions of sections 20, 21, 22, and 23 of this
Act.
15. Purchaser to
be tenant pending payment in full of purchase money.– A purchaser from [48][Government] of land who
has been placed in possession of the land by order of the Collector shall be
deemed to be a tenant of such land until the full amount of the purchase money
with any interest due thereon has been paid and the other conditions set forth
in the statement of the conditions of sale issued by the Collector have been
fulfilled.
16. False information by a tenant.– If any person who after the commencement of
this Act has been put in possession of land in a colony as a tenant shall have
given false information intending or having reason to believe that any [49][Servant of the State] may be thereby
deceived regarding his qualifications to become a tenant, he shall be deemed to
have committed a breach of the conditions of his tenancy:
[50][* * * * * * * * * * * * *]
17. Exchange.– Subject to any orders that he may receive from the [51][Commissioner], the Collector may allow any
tenant to exchange the whole or any part of his tenancy for other land in the
colony, and the land so taken in exchange shall, in the absence of any special
condition to the contrary recorded in writing by the Collector, be deemed to be
held on the same conditions and subject to the same obligations as the
surrendered land was held.
18. Rights of tenant not to be attached or sold.– None of the rights or interests vested in a
tenant from Government of land to which this Act applies shall be attached or
sold in execution of a decree or order of any court or in any insolvency
proceedings.
19. Transfers of rights to be void.– Except as provided in section 17, none of
the rights or interests vested in a tenant by or under the Government Tenants
(Punjab) Act, 1893[52], or this Act, shall, without the consent in
writing of the [53][Commissioner], or of such officer as he may
by written order empower in this behalf, be transferred or charged by any sale
exchange, gift, will, mortgage or other private contract, other than a
sub-lease for not more than one year in the case of a tenant who has not
acquired a right of occupancy, and seven years in the case of a tenant who has
acquired a right of occupancy. Any such transfer or charge made without such
consent in writing shall be void, and if (after the commencement of this Act)
the transferee has obtained possession, he shall be ejected under the orders of
the Collector:
Provided that the
right of sub-letting conferred by this section shall not release any tenant
from a condition requiring him to reside in the state in which his tenancy is
situated.
[54][19-A. Succession to the tenancy.– When after the coming into force of the
Colonization of Government Lands (Punjab) (Amendment) Act, 1951, any Muslim
tenant dies, succession to the tenancy shall devolve on his heirs in accordance
with the Muslim Personal Law (Shariat), and nothing contained in sections 20 to
23 of this Act shall be applicable to his case:
Provided that when the
tenancy rights are held by a female as a limited owner under this Act,
succession shall open out on the termination of her limited interest to all
persons who would have been entitled to inherit the property at the time of the
death of the last full owner had the Muslim Personal Law (Shariat) been
applicable at the time of such death, and in the event of the death of any of
such persons before the termination of the limited interest mentioned above,
succession shall devolve on his heirs and successors existing at the time of
the termination of the limited interest of the female as if the aforesaid such
person had died at the termination of the limited interest of the female and
had been governed by the Muslim Personal Law (Shariat):
Provided further that
the share, which the female limited owner would have inherited had the Muslim
Personal Law (Shariat) been applicable at the time of the death of the last
full owner shall devolve on her if she loses her limited interest in the
property on account of her marriage or remarriage and on her heirs under the
Muslim Personal Law (Shariat) if her limited interest terminates because of her
death].
[55][20. Succession to tenants acquiring otherwise than
by succession.– Subject to
the proviso to section 14, when after the commencement of this Act, any
original tenant dies the succession to the tenancy shall devolve in the
following order upon–
(a) the
male lineal descendants of the tenant in the male line of descent. (The term
‘lineal descendants’ shall include an adopted son whose adoption has been
ratified by a registered deed);
(b) the
widow of the tenant until she dies, or remarries or loses her rights under the
provisions of this Act;
(c) the
unmarried daughters of the tenant until they die or marry, or use their rights
under the provisions of this Act;
(d) the successor or successors nominated by the
tenant by registered deed from among the following persons, that is to say, his
mother, [56][his pre-deceased son’s
widow, his pre-deceased grandsons’s widow], his married daughter, his
daughter’s son, his sister, his sister’s son, and the male agnate members of
his family; and
(e) the
successor or successors nominated by the Collector from among the persons
enumerated in clause (d) of this Section.
[57][21. Succession to tenants acquiring by succession.– When, after the commencement of this Act any
male tenant, who is not an original tenant, dies, or any female tenant dies,
marries or re-marries, the succession to the tenancy shall devolve–
(a) in the case of a female, to whom the tenancy
has been first allotted, on the successor nominated by the Collector from the
issue of such female tenant, or from the male agnates of the person, on account
of whose services the tenancy was allotted to her;
(b) in all other cases, on the person or persons,
who would succeed if the tenancy were agricultural land acquired by the
original tenant.
22. Acquisition of ownership not to affect
nomination of heir.– When a
tenant has nominated a successor to his tenancy under section 20 (d) and
subsequently acquires a right of ownership in the tenancy, the right of
succession of the persons so nominated shall, unless the deed of nomination
expressly provides to the contrary, be unaffected by such acquisition of
ownership.
23. Revocation of nomination.– When a tenant has, under section 20 (d) of
this Act, nominated a successor, he may at any time, whether before or after
acquiring ownership, revoke such nomination, but not otherwise than by
registered deed.
24. Power of imposing penalties for breaches of
conditions.– When the
Collector is satisfied that tenant in possession of land has committed a breach
of the conditions of his tenancy, he may, after giving the tenant an
opportunity to appear and state his objections–
(a) impose
on the tenant a penalty not exceeding [58][ten thousand rupees]; or
(b) order
the resumption of the tenancy:
Provided that if the
breach is capable of rectification, the Collector shall not impose any penalty
or order the resumption of the tenancy unless he has issued a written notice
requiring the tenant to rectify the breach within a reasonable time, not being
less than one month, to be stated in the notice and the tenant has failed to
comply with such notice.
25. Power of re-entry and provisions as to
compensation in certain cases.–
Where an order resuming the tenancy has been passed under the last preceding
section, the Collector may forthwith re-enter upon the land and resume
possession of it, subject to the payment of compensation, to be fixed by the
Collector, for uncut and ungathered crops and for the improvements, if any,
that may have been made by the tenant:
Provided that if the
tenancy be allotted to any other person, the amount of the compensation, if
any, paid to the out-going tenant shall be recoverable by the Collector from
the incoming tenant.
26. Provisions for re-entry on and compensation
for buildings on sites allotted for residential purposes.– In any case where a tenant has been allotted a
site for residential purposes in consideration of his tenancy, and such tenancy
has been resumed under the provisions of sections 24 and 25 of this Act, the
Collector may re-enter and take possession of such site:
Provided that the
Collector shall fix and pay to the said tenant reasonable compensation for, or
permit him to remove, any buildings or improvements made by him on such site.
27. Saving of certain tenancies and conditions.– (1) Nothing in sections 24, 25 or 26 shall
apply to–
(a) the case of land irrigated by the Rakh and
Mia Ali Branches of the Chenab Canal allotted before the twelfth day of August
1896, or
(b) any breach of a condition regarding
arboriculture included in any statement of conditions other than a statement
pertaining to tree-planting tenants, [59][or]
[60][(c) any
tenancy scheduled under the proviso to section 4, except to such extent as may
be specified in the statement of conditions applicable to such tenancy].
[61][(2) * *
* * * * * * * * * *]
28. Sums due to [62][Government]
to be recoverable as arrears of land revenue.– All sums due to [63][Government] in respect of a tenancy granted
in pursuance of the Government Tenants (Punjab) Act, 1893[64], or under the provisions of this Act or of
the rules and conditions issued thereunder, and all sums due on account of
fines, confiscations, costs and penalties, shall be recoverable as if they were
arrears of land revenue.
29. Power to abrogate conditions.– The [65][Board of Revenue subject to the general
approval of the Government] may, at any time by notification in the Official
Gazette, abrogate any of the limitations and obligations imposed upon tenants
as part of the conditions of their tenure.
Chapter III
Provisions relating to Proprietors
30. Acquisition of proprietary right.– [66][(1)] Notwithstanding anything entered in any
statement of conditions issued under the Government Tenants (Punjab) Act, 1893[67], a tenant who, either in pursuance of any
such condition or otherwise by agreements with, or under rules issued by the [68][Provincial Government], has acquired
proprietary right in any land included in his tenancy shall in respect of such
land cease to be subject to any statement of conditions issued under the
above-mentioned Act; provided always that he shall in respect of such land be
bound by the conditions set out in Schedule II of this Act and be bound by the
other provisions of this Act applicable to proprietors of land.
[69][(2) If, at any time, the Board of Revenue is
satisfied that any person had acquired under this Act tenancy rights in respect
of any land by means of fraud or misrepresentation or was not eligible to have
such rights for any reason whatsoever then notwithstanding the acquisition of
proprietary rights by such person in such land or the terms and conditions of
any agreement with or rules issued by the Provincial Government and without
prejudice to any other liability or penalty to which such person may be liable
under any law for the time being in force, the Board of Revenue may, after
giving such person a reasonable opportunity of showing cause pass an order
resuming the land in respect of which proprietary rights have been acquired or
reduce the area of such land or pass such order as it may deem fit].
[70][30-A. Rights of alienation in respect of and rule of
succession to certain proprietary rights acquired by a female.– (1) Notwithstanding any custom and the
provisions of any law to the contrary, when after the commencement of the
Colonization of Government Lands (Punjab) (Amendment) Act, 1944, proprietary
rights in any land are acquired by a female tenant, her rights of alienation of
any such land shall be the same–
(a) if she succeeded to the tenancy directly or indirectly from a male
tenant, as if the proprietary rights had been acquired by the last male tenant,
and she had succeeded to such rights as his heir; and
(b) if the tenancy was first allotted on account
of some male person, either to her, or to another female to whom she succeeded
either directly or in a continuous line of female succession, as if the
proprietary rights had been acquired by such male persons and she had succeeded
to such rights as his heir,
and in cases falling under clause (a) or clause
(b) in the event of such female proprietor dying while in possession of the
proprietary rights in question, the said rights shall devolve upon the persons
who would be entitled to succeed, if such rights had been acquired by the last
male tenant, or the male person on whose account the tenancy was first allotted
as the case may be.
(2) Nothing herein contained shall be
construed to alter the law of succession applicable to any female tenant, in
respect of proprietary rights in land acquired by her, if the tenancy in such
land was acquired by or accrued to her in circumstances other than those
specified in sub-section (1).
(3) For the purposes of this section the
expression “any such land” shall be deemed to include any land obtained in
exchange for part or all of the land in which proprietary rights have been
acquired].
Chapter IV
Supplementary Provisions
31. Mares, camels
or their progeny maintained under prescribed conditions not to be attached or
sold.–
No mare or camel or other animal maintained in accordance with any prescribed
statement of conditions and no progeny, if less than eighteen months old, of
any mare or camel so maintained, shall be liable to attachment or sale in
execution of any decree.
32. Power of
re-entry in case of squatters and trespassers.– When the Collector is
satisfied that any person has taken or is in possession of land in a colony to
which he has no right or title, the Collector may, in addition to any other
powers he may possess, forthwith re-enter upon the land and resume possession
of it and take possession of all crops, trees and buildings thereon on behalf
of [71][Government] without
payment of any compensation whatsoever.
33. Penalties.– If any person, without permission of a Revenue Officer of a grade to
be specified by the [72][Board of Revenue]–
(a) clears or breaks up for cultivation, or
cultivates any land which is owned by, or is in the possession of [73][Government] and is not
included in any tenancy or allotted residential enclosure or which has been
entered for the common purposes of a town or village community or section of
the same or for a road, canal or water-course; or
(b) erects
any building on any such land; or
(c) fells
or otherwise destroys standing trees on such land; or
(d) otherwise
encroaches on any such land; or
(e) makes an excavation or constructs a water
channel on any such land;
he shall, on compliant made by order of or under authority from the
Collector, be punished on conviction by any Magistrate with a fine not
exceeding [74][two hundred thousand rupees or with rigorous
imprisonment not exceeding six months or with both].
Explanation– The felling of trees planted by an owner or tenant on any village road
or water-course traversing his holding is not an offence under this section.
34. Additional powers of Collector in regard to
offences.– When the
Collector is satisfied that an act punishable under section 33 has been
committed, he may in lieu of proceeding against the offender under that section
or after conviction of the offender under that section–
(i) in the case of an offence under section 33
(a), confiscate the crops growing on any land cultivated in contravention of
this Act or, if the crops have been cut, recover such sums as he may assess as
the value thereof from the offender;
(ii) in the case of an
offence under section 33 (c), recover such sum as he may assess as the value of
the trees or tree destroyed;
(iii) in the case of an offence under section 33
(b), (d) or (e), cause the building or other encroachment to be demolished or
removed or the excavation or channels to be filled up, and levy the costs of so
doing from the person responsible for such act.
35. Power to levy a cess for administration of
common village expenses.–
(1) If in any estate the majority of the tenants and owners of the estate shall
apply for the levy of a cess for village purposes, the Collector may order the
payment of such a cess from the proprietors, tenants and inhabitants of the
village in such way and at such rates as he holds to be suitable.
[75][(2) Any
cess leviable in any estate under this section shall be recoverable as arrears
of land revenue].
36. Jurisdiction of Civil Court barred as regards
matter arising under the Act.–
A Civil Court shall not have jurisdiction in any matter of which the Collector is
empowered by this Act to dispose and shall not take cognizance of the manner in
which the [76][Provincial Government], [77][Board of Revenue] or Collector or any other
Revenue Officer exercises any power vested in it or in him by or under this
Act.
37. Public servants indemnified for acts done
under this Act.– No suit
shall lie against any public servant for anything done by him in good faith
under this Act.
38. Legalization
of orders passed previous to the Act.– (1) Any act hitherto done or order passed by the [78][Provincial Government]
or by an officer holding the post of Colonization Officer, Assistant
Colonization Officer or Settlement Commissioner, or exercising the powers of an
Assistant Collector or of a Revenue Officer of higher class within any area to
which the Government Tenants (Punjab) Act, 1893[79], has been applied or to
which this Act may hereafter be applied, which is not contrary to the
provisions of this Act, shall be deemed to have been done or passed under this
Act.
(2) In particular and without prejudice to
the generality of the foregoing sub-section, no right of occupancy or right of
ownership and no condition applicable thereto shall be invalidated by reasons
of–
(i) the right having been granted before the
particulars regarding it have been entered in a prescribed register; or
(ii) the prescribed register not having been signed
by the tenant; or
(iii) the
prescribed statement of conditions having been affixed to the prescribed
register instead of being prefixed thereto:
Provided that if the
register has not been signed by the tenant, the statement of conditions
applicable to the tenancy shall be deemed to be that which was in force for
tenancies of the same description at the time when the land was allotted.
Schedule I
List of
excepted tenancies referred to in Section 4
A.– In
the Lower Chenab Colony the tenancies of
tenants holding the conditions applicable to–
(1) Camel-owning tenants.
(2) Camel-owning Chaudhries.
(3) Village headmen, ordinary.
(4) Village headmen, mule-breeding.
(5) Tree-planting tenants.
(6) Village menials.
B.– In
the Lower Jhelum Colony the tenancies of
tenants holding on the conditions applicable to–
(1) Horse-breeding tenants.
(2) Horse-breeding nazrana-paying tenants.
(3) Village headmen.
(4) Tree-planting tenants.
(5) Village menials.
C.– In
the Lower Sohag Para Colony the tenancies of tenants holding on the conditions
applicable to–
Village
headmen.
Schedule
II
(Referred
to in Section 30)
Conditions
applicable to grantees who acquire proprietary right
1. Exceptions of channels, rights to
minerals, etc.– The [80][Government] does not
grant to grantee but hereby absolutely excepts and reserves to itself out of
and in respect of the said lands (1) all grounds situate in the said lands or
any part thereof already marked out, excavated or otherwise utilized for the
distributary channels, and (2) all existing rights to and over all mines and
minerals, coals, gold-washing, earth-oil and quarries in or under the said
lands or any part thereof, together with all easements heretofore enjoyed by
the [81][Government] in respect
of the said lands or any part thereof. And it likewise excepts and reserves the
right of the public to use existing thoroughfares traversing the said lands or
any part thereof including a width of 1½ kadams
on either side of survey base line, and also any lines of road which,
though not yet made, have been marked out upon the ground.
2. Power of the Government entry to
search for minerals, etc.– The grantee shall at all times permit the [82][Servant of the State]
to enter and do all acts and things that may be necessary and expedient for the
purpose of searching for, working, getting or carrying away any such mines and
minerals, coals, gold-washing, earth-oil and quarries, and for the full enjoyment
of the ground and of the rights here-in-before reserved to the [83][Government] to and over
all mines and coals, gold-washing, earth-oil, quarries and easements in or
minerals, under the said lands and all parts thereof.
3. Compensation for damage by entry.– The Government agrees to pay the grantees
compensation for all damage occasioned by the exercise of the rights reserved
to itself in clauses 1 and 2. Such compensation shall be assessed by the
Collector, and if the grantee is not satisfied with the finding of the
Collector, he may appeal to the [84][Commissioner].
4. Demarcation of boundaries.– The grantee shall duly comply with such
directions as the Collector shall from time to time issue requiring him to
construct boundary marks on the limits of the said lands or any part thereof,
and shall keep them when erected in good repairs to the satisfaction of the
Collector.
5. Arbitration.– In the event of any dispute arising between the [85][Provincial Government] and the grantee as to
the property and rights hereby reserved to [86][Government], or as to any matter in any way
relating thereto, or as to any of the conditions of the grant, or as to any
matter or thing any wise connected therewith, the said dispute shall be
referred for the opinion of the [87][Commissioner] whose decision shall be final
and conclusive between the [88][Provincial Government] and the grantee.
[1]For statement of objects and
reasons, see Punjab Gazette, 1910,
Part V, page 176; for Report of the Select Committee, see Punjab Gazette, 1911, Part V, page 429, and ibid., 1912, Part V, page 85; for
Proceedings in Council, see ibid.,
1910, Part V, page 188, ibid., 1911,
Part V, page 420, and ibid., Part V,
pages 50 and 135.
[2]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan
Amendment) Ordinance, 1969 (XXXVI of 1969).
[3]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of
1974).
[4]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan
Amendment) Ordinance, 1969 (XXXVI of 1969).
[5]Substituted for the words “West Pakistan ” by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[6]Substituted, for the words
“Financial Commissioner”, by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3, Schedule
III.
[7]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[8]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government” which were previously Substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[9]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[10]Substituted, for the words,
“the Crown”, by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Part II.
[12]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government” which were previously Substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[13]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan
Amendment) Ordinance, 1969 (XXXVI of 1969).
[14]Substituted by West Pakistan Laws (Adaptation) Order, 1964, for “the
Crown”.
[15]Added by section 2 of the
Colonization of Government Lands (Punjab )
(Amendment) Act, 1920 (III of 1920).
[16]Substituted
for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as
amended by the Government of India
[17]III of 1893.
[18]Substituted for the words
“Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[19]Substituted ibid., for the words “property of
Government”.
[20]Substituted, for the “Crown
for the purposes of the Province”, by West Pakistan Laws (Adaptation) Order
1964, section 2 (I), Schedule Pt. II.
[30]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West
Pakistan ”.
[31]XVII of 1967.
[32]XVI of 1887.
[33]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West
Pakistan ”.
[34]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West
Pakistan ”.
[35]XVII of 1887.
[36]Deleted by the Colonization of
Government Lands (Punjab) (West Pakistan
Amendment) Ordinance, 1969 (XXXVI of 1969).
[38]Substituted by W.P. Act XVI of
1957, section 3, Schedule III (as amended by W.P. Ordinance XXXI of 1961), for
the words “Provincial Government” which were previously Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order,1937.
[39]Substituted, for the word
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order,1937.
[40]Substituted, for the words
“Financial Commissioner”, by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3, Schedule
II.
[41]Substituted, for the word
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order,1937.
[42]III of 1893.
[44]Substituted, for the words
“the Crown” by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule Pt. II.
[45]III of 1893.
[46]XVI of 1887.
[47]Inserted by Colonization of
Government Lands (Punjab ) (Amendment) Act,
1951 (III of 1951), section 2.
[48]Substituted, for the words
“the Crown” by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule Pt. II.
[50]Proviso
deleted by the Colonization of Government Lands (Punjab Amendment) Ordinance,
1978 (XII of 1978).
[51]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[52]III of 1893.
[53]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[54]Added by Colonization of
Government Lands (Punjab ) (Amendment) Act,
1951 (III of 1951)
[55]Substituted by the Colonization
of Government Lands (Punjab ) (Amendment) Act,
1920 (III of 1920).
[56]Inserted by the Colonization
of Government Lands (Punjab Amendment) Act, 1941 (XIII of 1941), section 2.
[57]Substituted
by the Colonization of Government Lands (Punjab )
(Amendment) Act, 1920 (III of 1920), section 4.
[58]Substituted for the words
“five thousand rupees” by the Colonization of Government Lands (Punjab ) (Amendment) Ordinance, 1999 (XLVIII of 1999). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[59]Added by the Colonization of
Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 2 (a).
[61]Sub-section (2) omitted ibid, section 2 (b).
[62]Substituted,
for the word “Crown”, by West Pakistan Laws (Adaptation) Order, 1964 section
2(I) Schedule Part II.
[63]Substituted ibid., for the words “the Crown”.
[64]III of 1893.
[65]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial Government”,
which were previously substituted, for the words “Local Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order,1937.
[66]Section 30 renumbered as
sub-section (1) by the Colonization of Government Lands (Punjab Amendment)
Ordinance, 1978 (XII of 1978).
[67]III of 1893.
[68]Substituted, for the word
“Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[69]Added by the Colonization of
Government Lands (Punjab Amendment) Ordinance,
1978 (XII of 1978).
[70]Inserted by the Colonization
of Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 3.
[71]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Pt. II.
[72]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government”, which were previously Substituted, for the words “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order,1937.
[73]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Pt. II.
[74]Substituted by the
Colonization of Government Lands (Punjab ) Act
(Amendment) Ordinance, 1983 (II of 1983) for the letters and figures “Rs.200”.
The words “two hundred thousand rupees” were later substituted for the words
“five thousand rupees” by the Colonization of Government Lands (Punjab ) (Amendment) Ordinance, 1999 (XLVIII of 1999).
Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as
amended, read with Article 270AA of the Constitution of the Islamic Republic of
Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[75]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan
Amendment) Ordinance, 1969 (XXXVI of 1969).
[76]Substituted, for the words
“Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[77]Inserted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
section 3, Schedule III, as amended by the West Pakistan
(Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (XXXI of 1961)
[78]Substituted, for the words
“Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[79]III of 1893.
[80]Substituted, for the words
“the Crown”, by West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule Pt. II.
[82]Substituted by West Pakistan
Laws (Adaptation) Order 1964, for the words “Officer of the Crown”.
[83]Substituted, for the words
“Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[84]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[85]Substituted, for the words “the Crown”, by the West
Pakistan Laws (Adaptation) Order, 1964.
[86]Substituted ibid., for the words “Officer of the
Crown”.
[87]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[88]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for the words “the Crown”.
No comments:
Post a Comment