( XIX of
1964)
An
Act
[4th
April, 1964]
to consolidate the law
relating to the redemption and restitution of certain mortgages of land in the
Province of 3[
the Punjab ]
Preamble.— WHEREAS it is expedient to consolidate the law relating to the
redemption and restitution of certain mortgages of land in the Province of [3][the
Punjab], in the manner hereinafter appearing;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.— (1) This Act may be called the [4][Punjab]
Redemption and Restitution of Mortgaged Lands Act, 1964.
(3)
It shall come into force in such areas and from such
dates as Government may, by notification in the official Gazette, direct.
2.
Definitions.—
In this Act, unless the context otherwise requires, the following expressions
shall have the meaning hereby respectively assigned to them that is to say—
(a)
“Board of Revenue” means the Board of Revenue
established under the 7[Punjab] Board of
Revenue Act, 1957;
(b)
“Collector” means the Collector of the district in
which the mortgaged land or any part thereof is situated, and shall include any
Revenue Officer specially empowered by the Board of Revenue to perform the
duties of a Collector, for the purposes of this Act;
[6][(c) “Commissioner” means a Commissioner
of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967)
and includes an Additional Commissioner;]
(e)
“land” means land which is not occupied as the site of
any building in a town or village and is occupied or let for agricultural
purposes or for purposes subservient to agriculture or for pasture, and
includes—
(i)
the sites of buildings and other structures on such
land;
(ii)
a share in the profits of an estate or holding;
(iii)
a right to receive rent;
(iv)
any right to water enjoyed by the owner or occupier of
land as such; and (v) all trees standing on such land;
(f)
“mortgagor” or “mortgagee” includes the assignee and
the representative in interest of such “mortgagor” or “mortgagee” as the case
may be;
(g)
“prescribed” means prescribed by rules made under this
Act.
CHAPTER II
REDEMPTION OF MORTGAGES
3.
Petition for
redemption.— After the principal money becomes due and before a suit for
redemption is barred, a mortgagor of land not exceeding fifty acres in area or
of land the principal money secured by which does not exceed five thousand
rupees, may apply to the Collector for an order directing that the mortgage be
redeemed and that he be put in possession.
Explanation I— The area of any share in
the common land of the village or of sub-division appertaining thereto and
mortgaged with the land, shall not be taken into consideration while determining
the area of the land mortgaged.
Explanation II— This section shall not
apply to usufructuary mortgage effected for a specific number of years and
intended to terminate without the repayment of any part of its consideration.
4.
Deposit of
amount due under mortgage.— The mortgagor shall in his application declare
what sum is to the best of his knowledge due under the mortgage and deposit
such sum with the Collector at the time of making the application.
5.
Powers of
Collector to order ejectment.— Where the Collector, after hearing the
mortgagee and holding such enquiry as may be prescribed, is satisfied that the
mortgagor has a right to redeem and has deposited or is prepared to pay the sum
which the Collector finds due under the mortgage, he shall make an order
directing that mortgage be redeemed.
6.
Directions
that the Collector shall make when ordering ejectment.— (1) Where the
Collector makes an order for the redemption of a mortgage, and the whole of the
mortgage amount found due has been deposited with him, the order shall direct
that such amount be paid to the mortgagee and the excess amount if any
deposited by the mortgagor be refunded to him.
(2)
Where the whole of the mortgage amount found due has
not been deposited, the order for the redemption of the mortgage shall direct—
(a)
that a sum which together with the sum already
deposited will equal the mortgage amount found due be deposited with the
Collector by the mortgagor within thirty days or within such further period as
may be specified by the Collector in this behalf;
(b)
that on deposit of such amount together with costs, if
any, the mortgage shall be extinguished and the mortgagee shall deliver
possession of the mortgaged land to the mortgagor, whose title thereto shall be
deemed to have accrued from the date of such deposit; and
(e) that the mortgage amount found due by
the Collector and deposited by the mortgagor, together with costs, if any, be
paid to the mortgagee.
(3)
If the mortgage amount and the costs (if any) are not
deposited within the period specified in sub-section (1) the petition shall be
dismissed with costs.
7.
Saving of
suits to establish rights.— Any party aggrieved by an order of the
Collector passed under section 5 or 6, may institute a suit to establish his
rights in respect of the mortgage; but, subject to the result of such suit, if
any, the order shall be conclusive:
[8][Provided
that notwithstanding the provisions of Article 14 of Schedule I of the
Limitation Act of 1908, a mortgagor may file a suit for the redemption of his
mortgaged land within the unexpired period of limitation fixed by law for the
redemption of the mortgaged land.]
8.
No second
petition.— The dismissal of a petition under this Chapter shall bar any
further petition under this Chapter by the same petitioner or his representative
in interest in respect of the same mortgage.
9.
Cessation of
interest.— When the petitioner has deposited with the Collector the sum
declared by the Collector to be due on the mortgage, and such sum is accepted
by the mortgagee, or is found by the Collector to be the sum actually due,
interest on the mortgage shall cease from the date of the deposit.
CHAPTER III
RESTITUTION OF MORTGAGES
10.
Petition for
restitution.— The mortgagor of any subsisting usufructuary mortgage not
less than twenty years old, or of any usufructuary mortgage the period whereof
has expired, may present a petition to the Collector for the restitution of
possession of the mortgaged land.
Explanation.— A mortgage shall be
deemed to subsist for the purposes of this Chapter notwithstanding a decree or
order for its redemption having been passed; provided that redemption has not
taken place before the presentation of a petition under this section.
11.
Petition
when to be dismissed.— Where the Collector is satisfied that a petition is
not in respect of a subsisting usufructuary mortgage not less than twenty years
old, or a usufructuary mortgage the period whereof has expired, he shall
dismiss the petition, recording his reasons for such order.
12.
Power of
Collector to declare and enforce orders in favour of mortgagor.— If the
Collector finds that the application is in respect of mortgaged land the
possession whereof has remained with the mortgagee for a period of not less
than twenty years, or is in respect of mortgaged land the term of the mortgage
whereof has expired, he shall notwithstanding anything contained in any other
enactment for the time being in force or any contract or decree or order of any
Court—
(a)
order that the mortgage shall be extinguished without
payment of the mortgage money or any part thereof;
(b)
in case of an express contract to the effect that the
mortgagee shall be entitled to compensation for improvements made by him in the
mortgaged land determine the amount of such compensation; and
(c)
where the mortgagee is in possession, direct that the
mortgagor be put into possession of the mortgaged land as against the mortgagee
and that the title deeds, if any, of such land in the possession of the
mortgagee be restored to the mortgagor.
13.
Effect of
order of restitution when compensation is payable.— If the Collector finds
that any sum is due to the mortgagee by way of compensation under clause (b) of section 12, he shall require the
mortgagor to deposit the amount in such manner as may be prescribed, and on
deposit of the amount he shall declare the rights of the mortgagee extinguished
and require the mortgagee to deliver possession of the land to the mortgagor
together with all documents of title relating to the land:
Provided that if
a petitioner fails to deposit the amount within six months, his petition may be
dismissed.
14.
Appeals.—
(1) Save as otherwise provided by this Act an appeal shall lie from an original
order of the Collector to the [9][
Commissioner ].
(2)
Save as otherwise provided by the Act, an appeal shall
lie to the Board of Revenue from every order passed in appeal by the 12[Commissioner], on any one of the following grounds,
namely:-
(a)
the decision being contrary to law or to some usage
having the force of law;
(b)
the decision having failed to determine some material
issue of law or usage having the force of law;
(c)
a substantial error or defect in the procedure provided
by this Act or by any other law for the time being in force, which possibly
have produced an error or defect in the decision of the case.
15.
Revision.—
(1) The Board of Revenue may at any time call for the record of any case
pending before, or disposed of by, any Revenue Officer subordinate to it.
(2)
[10][A
Commissioner] may call for the record of any case pending before, or disposed
of by, any Revenue Officer under his control.
(3)
The Board of Revenue may in any case called for under
sub-section (1) and [11][a
Commissioner] may in any case called for under sub-section (2) pass such order
as it or he thinks fit:
Provided that no
order shall be passed under this section reversing or modifying any proceedings
or order of a subordinate Revenue Officer and affecting any question of right
between private persons without giving those persons an opportunity of being
heard.
16.
Limitation
for appeals.— (1) The period of limitation for an appeal under section 14 shall
run from the date of the order appealed against, and shall be— (i) sixty days, when the appeal lies to
the [12][
Commissioner];
(ii) ninety days, when the
appeal lies to the Board of Revenue.
(2)
In computing the period of limitation for an appeal
under this section the period requisite for obtaining copies of the order
appealed against shall be excluded.
(3)
The provisions of section 5 of the Limitation Act,
1908, shall apply to appeals under this Chapter.
17.
Jurisdiction
of Civil Court barred.— No Civil Court shall have jurisdiction to entertain
any claim or enforce any right under a mortgage declared extinguished under
this Chapter or to question the validity of any proceedings under this Chapter.
CHAPTER IV
SUPPLEMENTAL
18.
Collector’s
powers to deliver possession.— (1) On redemption or extinguishment of a
mortgage under this Act the Collector shall eject the mortgagee and deliver
possession of the mortgaged land to the mortgagor.
(2)
In case of resistance, the Collector may exercise all
the powers conferred on a Civil Court by rules 97 and 98 of Order XXI of the
Code of Civil Procedure, 190816.
19.
Collector to
have certain powers of Civil Courts.— (1) For the purpose of any proceeding
under this Act the Collector shall have the same powers as are vested by the
Code of Civil Procedure, 190817, in a Court
trying a civil suit and in particular powers in respect of—
(a)
discovery and inspection;
(b)
enforcing the attendance of witnesses and requiring the
deposit of their expenses;
(c)
compelling the production of documents;
(d)
examining witnesses on oath;
(e)
granting adjournments;
(f)
receiving evidence taken on affidavit;
(g)
issuing commissions for the examination of witnesses;
and
(h)
summoning and examining suo motu any person whose evidence appears to be material.
20.
Application
of Civil Procedure Code in certain matters.— (1) Save as in this Act
otherwise expressly provided the provisions of the Code of Civil Procedure,
1908[13]
relating to recognized agents and pleaders, issue and service of summons,
verification of plaints, costs and appearance of parties and consequences of
non-appearance, shall apply to all proceedings under this Act.
(2)
Notwithstanding anything contained in the last
preceding sub-section, the Collector may direct that a summons or proclamation
may be sent by registered post and on proof of the fact that a summons or
proclamation has been forwarded in a letter properly addressed and duly posted
and registered, he may presume that the summons or proclamation was served at
the time when the letter would be delivered in the ordinary course of post.
21.
Return of
deposit.— If the Collector dismisses a petition under this Act, he shall
order that the sum deposited by the petitioner be returned to him.
22.
Deposit not
to be attached.— No sum deposited with the Collector by a petitioner under
the provisions of this Act shall be attached by any Court or Revenue Officer.
23.
Power to
make rules. — (1) The Board of Revenue may, with the approval of Government
and after previous publication, make rules for the purpose of giving effect to
the provisions of this Act.
(2)
In particular and without prejudice to the generality
of the foregoing power, the Board of Revenue may make rules regulating or
determining the following matters, namely:-
(a)
the presentation of petitions;
(b)
the procedure before the Collector;
(c)
the manner in which the Collector shall assess
compensation;
(d)
the principles on which the Collector shall assess the
amount under the mortgage;
(e)
the procedure for making deposit; and
(f)
the procedure for ejecting the mortgagee and delivering
possession of the mortgaged property, to the mortgagor.
24.
Repeal and
savings.— (1) The following enactments are hereby repealed:-
(b)
The Redemption of Mortgages (Punjab) Act, 191320, as applicable to the former State of Bahawalpur;
(e)
The Punjab Restitution of Mortgaged Lands Act, 193823, as applicable to the former State of Bahawalpur; and
(2)
Notwithstanding the repeal of the enactments mentioned
in sub-section (1), all proceedings commenced, rules framed, orders made and
other acts done under any of the repealed enactments, shall, if not
inconsistent with the provisions of this Act, so far as may be, be deemed to
have been respectively commenced, framed, made and done under this Act.
______________________
[1]
For Statement of Objects and Reasons, see
Gazette of West Pakistan (Extraordinary), dated 25th February, 1964, pages
593-J to 593-R.
This Act was passed
by the West Pakistan Assembly on 24th March, 1964; assented to by the Governor
of West Pakistan on 3rd April, 1964; and, published in the West Pakistan
Gazette (Extraordinary), dated 4th April, 1964, pages 1100-C to 1100-J.
[2]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”. 3 Ibid.
[3]
Ibid.
[6]
Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) for clause (c)
which had been amended by the Punjab Redemption and Restitution of Mortgaged
Lands (Amendment) Ordinance 2001(XLIII of 2001) and the words and brackets
“Executive District Officer (Revenue)” and “District” were respectively
substituted for “Commissioner” and “Division”.
[7]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “Government of West Pakistan”.
[8]
Added by the West Pakistan Redemption and Restitution of Mortgaged Lands
(Amendment) Act, 1967 (VII of 1967).
[9]
Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) for “Executive
District Officer (Revenue)” which had been substituted by the Punjab Redemption
and Restitution of Mortgaged Lands (Amendment) Ordinance, 2001(XLIII of 2001)
for “Commissioner”. 12 Ibid.
[10]
Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) for “A
Executive District Officer (Revenue)”.
[11]
Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) for “a
Executive District Officer (Revenue)”.
[12]
Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) for “Executive
District Officer (Revenue)” which had been substituted by the Punjab Redemption
and Restitution of Mortgaged Lands (Amendment) Ordinance, 2001(XLIII of 2001)
for “Commissioner”. 16 V of
1908. 17 Ibid.
[13]
V of 1908.
[15]
N.W.F.P. III of 1935.
[17]
N.W.F.P. XXXII of 1950.
No comments:
Post a Comment