THE PUNJAB TENANCY ACT, 1887
(Act XVI of
1887)
[23
September 1887]
An
Act to amend the law relating to the tenancy of land in the Punjab .
WHEREAS
it is expedient to amend the law relating to the tenancy of land in the Punjab ;
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.
(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 Repealed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Repealed by the Repealing and Amending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–
(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–
(c) any annual rate chargeable on owners of lands under section 59 of
the[14][14][* * *] Canal and
Drainage Act, 1873;
(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 “Revenue
Court ”, in any provision of this Act, means a Revenue Officer or
Revenue Court having authority under this
Act to discharge the functions of a Revenue Officer or Revenue
Court , as the case may be, under that provision:
(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:-
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This Act
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First Column
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Second column
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Section
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Clause
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Section
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Sub-section
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Clause
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5
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(1)
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5
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(1)
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(a)
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5
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(2)
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5
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(1)
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(b)
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5
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(3)
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5
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(1)
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(c)
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5
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(4)
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5
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(1)
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(d)
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6
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..
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6
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..
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..
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8
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..
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8
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..
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..
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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.– (1) A Revenue Court , on the suit of either land-lord or
tenant, may, subject to the provisions of this and other sections of this Act,
enhance or reduce the rent of any tenant having a right of occupancy.
(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].
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.
(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.
[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 Revenue Court .
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.
(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 Revenue Court .
(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:
(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 Revenue Court under this sub-section;
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.
(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 Revenue Court under his
control.
(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 Revenue
Court to exercise any powers or deal with any business which he
or it would not be competent to exercise or deal with within the local limits
of his or its own jurisdiction.
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;
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:-
(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 Revenue Court to summon
persons.– (1) A Revenue Officer or Revenue Court may summon any person whose attendance he
or it considers necessary for the purpose of any application, suit or other
business before him or it as a Revenue Officer or Revenue
Court .
(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 Revenue
Court may require.
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 Revenue Court is satisfied that
all the parties thereto have had an opportunity of appearing and being heard.
(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.– A Court passing a decree for an arrear of rent may, on
the oral application of the decree-holder, order execution thereof against the
movable property of the tenant, and against any uncut or ungathered crops on
the tenancy in respect of which the arrear is decreed.
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 Revenue Court
shall dispose of the proceeding pending before it in accordance with the final
decision of the Civil Court of first instance or appeal, as the case may be.
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 Revenue Court , that a
Court under its control has determined a suit which should have been heard by a
Civil Court ,
the Civil
Court or Revenue Court , as
the case may be, shall submit the record of the suit to the [138][138][High Court].
(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 Revenue Court may
only exercise his or its powers under this Act within the local limits of his
or its jurisdiction.
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 Revenue Court on a day
specified in the list as a day to be observed by the Officer or Court as a
holiday shall not be invalid by reason only of its having been held on that
day.
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 Civil Court under sub-section (1), the [159][159][Provincial Government] shall consult the [160][160][High Court].
(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].
(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]
[2][2]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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.
[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”.
[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.
[17][17]Substituted,
for “Provincial Government”, by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[18][18]Substituted,
for the words “by the Crown”, by the Central Adaptation of Laws Order, 1964
(P.O. 1 of 1964).
[20][20]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[24][24]Substituted
by the Punjab Tenancy (Removal of Doubts and Amendment)
Act, 1975 (XXXVIII of 1975). The amendment was made effective from 2nd
December, 1974.
[25][25]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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.
[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.
[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.
[46][46]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[48][48]Substituted,
for “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[57][57]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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).
[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 India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[62][62]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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.
[65][65]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[66][66]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[68][68]Substituted, for “Rs. 1,000”, by the Punjab
Tenancy (Amendment) Ordinance, 1980 (IX of 1980).
[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 West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[72][72]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[74][74]The word
“other”, deleted by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[75][75]Substituted
the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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.
[79][79]Substituted
the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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.
[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.
[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 West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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 India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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.
[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 West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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.
[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.
[102][102]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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 West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[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.
[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 West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[111][111]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for the word “he”.
[112][112]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for the word “he”.
[118][118]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[119][119]For rules
under section 85 (1), See Notification
No. 77, Pb Gazette (Extraordinary), dated,
1-3-1888, page 79.
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 India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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 West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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.
[129][129]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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.
[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.
[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.
[145][145]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[146][146]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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.
[150][150]Substituted
for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[153][153]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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 India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[157][157]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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 India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[161][161]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[162][162]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[163][163]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for the word “him”.
[164][164]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[165][165]Substituted
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[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 India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[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 West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[171][171]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[177][177]Added by the
Punjab Tenancy (Removal of Doubts and
Amendment) Act, 1975 (XXXVIII of 1975).
[178][178]Added by the
Punjab Tenancy (Removal of Doubts and
Amendment) Act, 1975 (XXXVIII of 1975).
[181][181]Substituted
by the Punjab Laws (Adaptation, Revision and
Repeal) Act, 1954 (XV of 1955), for “Colonization of Crown Lands Act, 1912”.
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