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