(W.P. Act XIX of 1964)
[4 April 1964 ]
An Act to consolidate the law
relating to the redemption and restitution
Preamble.– WHEREAS it is expedient to
consolidate the law relating to the redemption and restitution of certain
mortgages of land in the province of [4][the Punjab ],
in the manner hereinafter appearing;
It is hereby enacted as follows:-
Chapter I
Preliminary
1. Short
title, extent and commencement.– (1) This Act may be called the [5][Punjab ]
Redemption and Restitution of Mortgaged Lands Act, 1964.
(3) It
shall come into force in such areas and from such dates as Government may, by
notification in the official Gazette, direct.
2. Definitions.– In this Act, unless the context
otherwise requires, the following expressions shall have the meaning hereby
respectively assigned to them that is to say–
(a) “Board
of Revenue” means the Board of Revenue established under the [7][Punjab ]
Board of Revenue Act, 1957;
(b) “Collector”
means the Collector of the district in which the mortgaged land or any part
thereof is situated, and shall include any Revenue Officer specially empowered by the Board of Revenue
to perform the duties of a Collector, for the purposes of this Act;
[8][(c) “Commissioner”
means a Commissioner of a Division appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an Additional Commissioner;]
(e) “land”
means land which is not occupied as the site of any building in a town or
village and is occupied or let for agricultural purposes or for purposes
subservient to agriculture or for pasture, and includes–
(i) the
sites of buildings and other structures on such land;
(ii) a
share in the profits of an estate or holding;
(iii) a
right to receive rent;
(iv) any
right to water enjoyed by the owner or occupier of land as such; and
(v) all
trees standing on such land;
(f) “mortgagor”
or “mortgagee” includes the assignee and the representative in interest of such
“mortgagor” or “mortgagee” as the case may be;
(g) “prescribed”
means prescribed by rules made under this Act.
Chapter II
Redemption
of Mortgages
3. Petition for redemption.– After the
principal money becomes due and before a suit for redemption is barred, a
mortgagor of land not exceeding fifty acres in area or of land the principal
money secured by which does not exceed five thousand rupees, may apply to the
Collector for an order directing that the mortgage be redeemed and that he be
put in possession.
Explanation
I– The area
of any share in the common land of the village or of sub-division appertaining
thereto and mortgaged with the land, shall not be taken into consideration
while determining the area of the land mortgaged.
Explanation
II–
This section shall not apply to usufructuary mortgage effected for a specific
number of years and intended to terminate without the repayment of any part of
its consideration.
4. Deposit
of amount due under mortgage.– The mortgagor shall in his application declare what sum is
to the best of his knowledge due under the mortgage and deposit such sum with
the Collector at the time of making the application.
5. Powers
of Collector to order ejectment.– Where the Collector, after hearing the mortgagee and
holding such enquiry as may be prescribed, is satisfied that the mortgagor has
a right to redeem and has deposited or is prepared to pay the sum which the
Collector finds due under the mortgage, he shall make an order directing that
mortgage be redeemed.
6. Directions that the Collector shall
make when ordering ejectment.– (1) Where the Collector makes an order
for the redemption of a mortgage, and the whole of the mortgage amount found
due has been deposited with him, the order shall direct that such amount be
paid to the mortgagee and the excess amount if any deposited by the mortgagor
be refunded to him.
(2) Where
the whole of the mortgage amount found due has not been deposited, the order
for the redemption of the mortgage shall direct–
(a) that
a sum which together with the sum already deposited will equal the mortgage
amount found due be deposited with the Collector by the mortgagor within thirty
days or within such further period as may be specified by the Collector in this
behalf;
(b) that
on deposit of such amount together with costs, if any, the mortgage shall be
extinguished and the mortgagee shall deliver possession of the mortgaged land
to the mortgagor, whose title thereto shall be deemed to have accrued from the
date of such deposit; and
(e) that
the mortgage amount found due by the Collector and deposited by the mortgagor,
together with costs, if any, be paid to the mortgagee.
(3) If
the mortgage amount and the costs (if any) are not deposited within the period
specified in sub-section (1) the petition shall be dismissed with costs.
7. Saving
of suits to establish rights.– Any party aggrieved by an order of the Collector passed
under section 5 or 6, may institute a suit to establish his rights in respect
of the mortgage; but, subject to the result of such suit, if any, the order
shall be conclusive:
[10][Provided that notwithstanding the
provisions of Article 14 of Schedule I of the Limitation Act of 1908, a
mortgagor may file a suit for the redemption of his mortgaged land within the
un-expired period of limitation fixed by law for the redemption of the
mortgaged land.]
8. No
second petition.–
The dismissal of a petition under this Chapter shall bar any further petition
under this Chapter by the same petitioner or his representative in interest in
respect of the same mortgage.
9. Cessation
of interest.–
When the petitioner has deposited with the Collector the sum declared by the
Collector to be due on the mortgage, and such sum is accepted by the mortgagee,
or is found by the Collector to be the sum actually due, interest on the
mortgage shall cease from the date of the deposit.
Chapter III
Restitution
of Mortgages
10. Petition for restitution.– The mortgagor
of any subsisting usufructuary mortgage not less than twenty years old, or of
any usufructuary mortgage the period whereof has expired, may present a
petition to the Collector for the restitution of possession of the mortgaged
land.
Explanation– A mortgage shall be deemed to
subsist for the purposes of this Chapter notwithstanding a decree or order for
its redemption having been passed; provided that redemption has not taken place
before the presentation of a petition under this section.
11. Petition when to be
dismissed.– Where the Collector is satisfied that a petition is not
in respect of a subsisting usufructuary mortgage not less than twenty years
old, or a usufructuary mortgage the period whereof has expired, he shall
dismiss the petition, recording his reasons for such order.
12. Power of Collector to declare and enforce
orders in favour of mortgagor.– If the Collector finds that the application is in respect
of mortgaged land the possession whereof has remained with the mortgagee for a
period of not less than twenty years, or is in respect of mortgaged land the
term of the mortgage whereof has expired, he shall notwithstanding anything
contained in any other enactment for the time being in force or any contract or
decree or order of any Court–
(a) order
that the mortgage shall be extinguished without payment of the mortgage money
or any part thereof;
(b) in
case of an express contract to the effect that the mortgagee shall be entitled
to compensation for improvements made by him in the mortgaged land determine
the amount of such compensation; and
(c) where
the mortgagee is in possession, direct that the mortgagor be put into
possession of the mortgaged land as against the mortgagee and that the title
deeds, if any, of such land in the possession of the mortgagee be restored to
the mortgagor.
13. Effect of order of restitution when
compensation is payable.–
If the Collector finds that any sum is due to the mortgagee by way of
compensation under clause (b) of
section 12, he shall require the mortgagor to deposit the amount in such manner
as may be prescribed, and on deposit of the amount he shall declare the rights
of the mortgagee extinguished and require the mortgagee to deliver possession
of the land to the mortgagor together with all documents of title relating to
the land:
Provided that if a petitioner fails
to deposit the amount within six months, his petition may be dismissed.
14. Appeals.– (1) Save as otherwise provided by
this Act an appeal shall lie from an original order of the Collector to the [11][Commissioner].
(2) Save as otherwise provided by the Act, an
appeal shall lie to the Board of Revenue from every order passed in appeal by
the [12][Commissioner],
on any one of the following grounds, namely:-
(a) the
decision being contrary to law or to some usage having the force of law;
(b) the
decision having failed to determine some material issue of law or usage having
the force of law;
(c) a
substantial error or defect in the procedure provided by this Act or by any
other law for the time being in force, which possibly have produced an error or
defect in the decision of the case.
15. Revision.– (1) The Board of Revenue may at any
time call for the record of any case pending before, or disposed of by, any
Revenue Officer subordinate to it.
(2) [13][A Commissioner] may call for the
record of any case pending before, or disposed of by, any Revenue Officer under
his control.
(3) The
Board of Revenue may in any case called for under sub-section (1) and [14][a Commissioner] may in any case
called for under sub-section (2) pass such order as it or he thinks fit:
Provided that no order shall be
passed under this section reversing or modifying any proceedings or order of a
subordinate Revenue Officer and affecting any question of right between private
persons without giving those persons an opportunity of being heard.
16. Limitation for appeals.– (1) The period
of limitation for an appeal under section 14 shall run from the date of the
order appealed against, and shall be–
(ii) ninety
days, when the appeal lies to the Board of Revenue.
(2) In
computing the period of limitation for an appeal under this section the period
requisite for obtaining copies of the order appealed against shall be excluded.
(3) The
provision of section 5 of the Limitation Act 1908, shall apply to appeals under
this Chapter.
17. Jurisdiction of Civil
Court barred.– No Civil Court shall
have jurisdiction to entertain any claim or enforce any right under a mortgage
declared extinguished under this chapter or to question the validity of any
proceedings under this Chapter.
Chapter IV
Supplemental
18. Collector’s powers to deliver possession.– (1) On redemption or extinguishment
of a mortgage under this Act the Collector shall eject the mortgagee and
deliver possession of the mortgaged land to the mortgagor.
(2) In
case of resistance, the Collector may exercise all the powers conferred on a Civil Court by rules 97 and 98 of Order XXI of the Code
of Civil Procedure, 1908[16].
19. Collector to have certain powers of Civil
Courts.–
(1) For the purpose of any proceeding under this Act the Collector shall have
the same powers as are vested by the Code of Civil Procedure, 1908[17], in a court trying a civil suit and
in particular powers in respect of–
(a) discovery
and inspection;
(b) enforcing
the attendance of witnesses and requiring the deposit of their expenses;
(c) compelling
the production of documents;
(d) examining
witnesses on oath;
(e) granting
adjournments;
(f) receiving
evidence taken on affidavit;
(g) issuing
commission for the examination of witnesses; and
(h) summoning
and examining suo moto any person
whose evidence appears to be material.
20. Application of Civil
Procedure Code in certain matters.– (1) Save as in this Act otherwise
expressly provided the provisions of the Code of Civil Procedure, 1908[18] relating to
recognized agents and pleaders, issue and service of summons, verification of
plaints, costs and appearance of parties and consequences of non-appearance,
shall apply to all proceedings under this Act.
(2) Notwithstanding anything contained in the
last preceding sub-section, the Collector may direct that a summons or proclamation
may be sent by registered post and on proof of the fact that a summons or
proclamation has been forwarded in a letter properly addressed and duly posted
and registered, he may presume that the summons or proclamation was served at
the time when the letter would be delivered in the ordinary course of post.
21. Return of deposit.– If the
Collector dismisses a petition under this Act, he shall order that the sum
deposited by the petitioner be returned to him.
22. Deposit not to be attached.– No sum deposited with the Collector
by a petitioner under the provisions of this Act shall be attached by any Court
or Revenue Officer.
23. Power to make rules.– (1) The Board of Revenue may, with
the approval of Government and after previous publication, make rules for the
purpose of giving effect to the provisions of this Act.
(2) In
particular and without prejudice to the generality of the foregoing power, the
Board of Revenue may make rules regulating or determining the following
matters, namely:-
(a) the
presentation of petitions;
(b) the
procedure before the Collector;
(c) the
manner in which the Collector shall assess compensation;
(d) the
principles on which the Collector shall assess the amount under the mortgage;
(e) the
procedure for making deposit; and
(f) the
procedure for ejecting the mortgagee and delivering possession of the mortgaged
property, to the mortgagor.
24. Repeal and savings.– (1) The following enactments are
hereby repealed:-
(b) The
Redemption of Mortgages (Punjab) Act, 1913[20], as applicable to the former State
of Bahawalpur ;
(e) The
Punjab Restitution of Mortgaged Lands Act, 1938[23], as applicable to the former State
of Bahawalpur ; and
(2) Notwithstanding the repeal of the
enactments mentioned in sub-section (1), all proceedings commenced, rules
framed, orders made and other acts done under any of the repealed enactments,
shall, if not inconsistent with the provisions of this Act, so far as may be,
be deemed to have been respectively commenced, framed, made and done under this
Act.
[1]For statement
of objects and reasons, see Gazette
of West Pakistan (Extraordinary), dated 25th February, 1964 , pages 593-J to 593-R.
This Act was passed by the West Pakistan Assembly on 24th March,
1964; assented to by the Governor of West Pakistan on 3rd April, 1964; and,
published in the West Pakistan Gazette (Extraordinary), dated 4th April, 1964,
pages 1100-C to 1100-J.
[2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan ”.
[8]Substituted
by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[9]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “Government of West Pakistan ”.
[10]Added by the West Pakistan Redemption
and Restitution of Mortgaged Lands (Amendment) Act, 1967 (VII of 1967).
[11]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act 2011 (VI of 2011).
[14]Substituted for the words and
brackets “an Executive District Officer (Revenue)” by the Punjab Laws
(Amendment) Act 2011 (VI of 2011).
[16]V of 1908.
[18]V of 1908.
[19]Pb. II of 1913.
[21]N.W.F.P. III of 1935.
[22]Pb. IV of 1938.
[24]N.W.F.P. XXXII of 1950.
No comments:
Post a Comment