THE PUNJAB ALIENATION OF LAND ACT 1900,
1[ACT NO. XIII OF 1900].
[19th October, 1900].
An Act to amend the Law relating to Agricultural Land
in the 2 [North-West Frontier Province].
WHEREAS it is expedient
to amend the law relating to agricultural land in the 2[North West Frontier
Province]: It is hereby enacted as follows:—
Preliminary
1. (1) This Act may be called the 3[West Punjab] Alienation of Land Act, 4[ * * * * ]
5[(2) It extends to "[the -'Punjab] and the "[North-West Frontier 9[ * * *].
(3) It shall come into force on such day as the [Provincial Government] may, by notification in the I2[Official Gazette] direct:
1. (1) This Act may be called the 3[West Punjab] Alienation of Land Act, 4[ * * * * ]
5[(2) It extends to "[the -'Punjab] and the "[North-West Frontier 9[ * * *].
(3) It shall come into force on such day as the [Provincial Government] may, by notification in the I2[Official Gazette] direct:
1.
For Statement of Objects and Reasons see Gazette
of India, 1899, Pt. V, p. 135, for Report of the Select Committee see
ibid., 1900 Pt. V. p. 91: and for further Report *see ibid.,p.
107 for Proceeding in Council, see ibid, 1899 Pt. VI, p. 216:
and ibid, 1900, pp. 168. 177 and 193].
2.
Subs., for the word
"Punjab" see North-West Frontier Province Law and
Justice Regulation, 1901 (VII of 1901) ss. 6 (1); to be construed as referring
to the Districts of Bannu, Dera Ismail Khan,Hazara, Mardan, Kohat and
Peshawar, see W. P. Act XVI of 1957, s. 3, Sch-I.
3. Subs, for the word "Punjab" by G. G. O. 4 of 1949; to be construed as referring to the districts of Campbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Lyallpur, Mianwali, Multan, Muzafargarh, Rawaipindi. Shahpur. Sheikhupura and Sialkotsee W. P. Act XVI of 1957, s. 3, Sch. I.
4. The figure "1900" omitted by G. G. O., 4 of 1949.
5. Subs, for the word subsection (2) as amended by the A. O.. 1937, by G. G.O. 4 of !94v
6. Subs, for "West Punjab" by the Federal Law. (Revision and Declaration) Act, 1951 (XXVI of 1951), Ss. 8.
7. Now to be construed as referring to the Districts of Carcpbellpur, Dera Ghazi Khan Guiranwala, Gujrat, Jhelum, Jhang. Lahore, Lyallpur, Mianwali, Montgomery, Multan, Muzaffr-. garh,Rawalpindi, Shahpur, Sheikhnpura and Sialkot, see W. P. Act -XVI of-1957, s. 3 and Sch-I.
8. Now to be construed as referring to the Districts of Bannu, Dera Ismail Khan Kohat Hazara, Mardan and Peshawar see W. P. Act XVI of 1957, s. 3 and Sch-I.
9. The word "Province" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (2.1 of 1960), s. 3 and 2nd Sch. (with effect from 14th October, 1955).
10. The Act came into force on the 8th June, 1901 see Gazette of India 1901, Pt. I. p. 382.
11. Subs, for "Governor-Genera! in Council" by the A O., 1937.
12. Subs, ibid!., for "Gazette of India".
3. Subs, for the word "Punjab" by G. G. O. 4 of 1949; to be construed as referring to the districts of Campbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Lyallpur, Mianwali, Multan, Muzafargarh, Rawaipindi. Shahpur. Sheikhupura and Sialkotsee W. P. Act XVI of 1957, s. 3, Sch. I.
4. The figure "1900" omitted by G. G. O., 4 of 1949.
5. Subs, for the word subsection (2) as amended by the A. O.. 1937, by G. G.O. 4 of !94v
6. Subs, for "West Punjab" by the Federal Law. (Revision and Declaration) Act, 1951 (XXVI of 1951), Ss. 8.
7. Now to be construed as referring to the Districts of Carcpbellpur, Dera Ghazi Khan Guiranwala, Gujrat, Jhelum, Jhang. Lahore, Lyallpur, Mianwali, Montgomery, Multan, Muzaffr-. garh,Rawalpindi, Shahpur, Sheikhnpura and Sialkot, see W. P. Act -XVI of-1957, s. 3 and Sch-I.
8. Now to be construed as referring to the Districts of Bannu, Dera Ismail Khan Kohat Hazara, Mardan and Peshawar see W. P. Act XVI of 1957, s. 3 and Sch-I.
9. The word "Province" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (2.1 of 1960), s. 3 and 2nd Sch. (with effect from 14th October, 1955).
10. The Act came into force on the 8th June, 1901 see Gazette of India 1901, Pt. I. p. 382.
11. Subs, for "Governor-Genera! in Council" by the A O., 1937.
12. Subs, ibid!., for "Gazette of India".
ALIENATION OF LAND [1900 Act XHI
1.
In this Act, unless
there is anything repugnant in the subject, or context,—
1[*
*
*
*
*
* *]
(2) all expressions
which are defined by section 4 of the 2[Punjab Tenancy Act, 1887], or by
section 3 of the 3 [Punjab Land Revenue. Act, 1887], shall, subject to the
provisions of this Act, have the meanings assigned to them in the said
sections respectively; and the expressions "record-of-rights" and
"annual record" shall have the meanings assigned to them respectively
in Chapter TV of the said last-mentioned Act;
(3) the expression
"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—
(a) the sites of
buildings and other structures on such land;
4[(aa) any right of occupancy acquired under the 2 [Punjab
Tenancy Act, 1887], the 5[Hazara Tenancy Regulation, 1887]or6[the Agro Valley
Regulation, 1891], as the case may be];
(b) a share in the profits of an estate or holding;
(c) any dues or
any fixed percentage of the land revenue payable by an inferior land
owner to a superior landowner,
(d) a right to
receive rent;
(e) any right to
water enjoyed by the owner or occupier of land as such; 7[
* * * * ]
1.
Clause (1) of section 2 and the proviso repeal"' by the
North-West Frontier Reg. I of 1904 s. 7. (i).
2. Rep. in the North-West Frontier Province by the North-West Province Tenancy Act XXV of 1950.
3. Repealed by the West Pakistan Land Revenue Act, 1967, (XVII of 19CT), s. S4 and sch.
4. Sub-clause (aa) inserted by Reg. I of 1904, s. I (if).
5. Rep by North-West Frontier Province, Tenancy Act, XXV Of 1950.
6. Obsolete. The Estate has been handed over to the Khan of Agror by an Executive Order
2. Rep. in the North-West Frontier Province by the North-West Province Tenancy Act XXV of 1950.
3. Repealed by the West Pakistan Land Revenue Act, 1967, (XVII of 19CT), s. S4 and sch.
4. Sub-clause (aa) inserted by Reg. I of 1904, s. I (if).
5. Rep by North-West Frontier Province, Tenancy Act, XXV Of 1950.
6. Obsolete. The Estate has been handed over to the Khan of Agror by an Executive Order
7. The
word ''and" omitted by North West Frontier Province Act No. V of 1937 s.2
(i).
1900 Act
XIII ALIENATION OK
LAND
l[(f) any right of occupancy] ; 2[and]
l[(f) any right of occupancy] ; 2[and]
3[(g) All fruit-bearing
trees Standing on such land].
4[(4)the expression
"permanent alienation" includes sales, exchanges, gifts, wills and
grants of occupancy rights:
(5) the expression
"usufructuary mortgage" means a mortgage by which the mortgagor
delivers possession of the mortgage land to the mortgage and authorizes him to
retain such . possession until payment of the mortgage-money, and to receive
the rents and profits of the land and to appropriate them in lieu of interest
or in payment of the mortgage-money or partly in lieu of interest and partly
in payment of the mortgage-money: and
(6) the expression
"conditional sale" includes any agreement whereby in default of
payment of the mortgage-money or interest at a certain time the land will be
absolutely transferred to the mortgage.
5[2-A. Notwithstanding
anything contained in sections 53 and 54 of the 6[Punjab Tenancy Act, 1887],
when 'a landlord makes s: a claim to exercise the rights
thereby conferred upon him the provisions of this Act shall apply
thereto].
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Application of Act to
sections 53 and 54 Act XVI, 1887.
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3. (T) A person who
desires to make a permanent alienation & of his land shall be at liberty
to makes such alienation where—
(a) the alienor is not a member of an agricultural tribe ; or |
Sanction of Deputy
Commissioner required to certain permanent alienations.
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1.
Sub-clause (/) was added t>y the Punjab Alienation
of Land Amendment Act, 1907 (Punjab Act I of 1907), s. 2 (2). This Act was
extended to North-West Frontier Province under the Scheduled Districts Act,
1874, se* Gazette of India 1908, Pt. II p. 947: North-West
Frontier Province Gazette, 1921. Pt. I-A, p. 1152, and ibid, 1922,
Pt. I-A, p. 229.
2. Colon at the end of clause (/) replaced by semin-colon and the word "and" inserted by North-West Frontier Province Act V of W7, s. 229.
3. Added ibid, s 2. (hi)-
4. Subs, for sub-section (4) by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act I of 1907! s.2 (3)
5. Section 2-A inserted ibid, s. 3.
2. Colon at the end of clause (/) replaced by semin-colon and the word "and" inserted by North-West Frontier Province Act V of W7, s. 229.
3. Added ibid, s 2. (hi)-
4. Subs, for sub-section (4) by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act I of 1907! s.2 (3)
5. Section 2-A inserted ibid, s. 3.
6.
Repealed in N.W. F P. by the N.W.F.P Tenancy Act (XXV) of! 950.
ALIENATION OF LAND [1900 Act Xfll
ALIENATION OF LAND [1900 Act Xfll
1[(b)
*
*
* *]
(c) the alienor is a member of an agricultural tribe
and the alienee is a member of the same tribe or of a tribe in the same group.
1[* * * * *]
1[* * * * *]
(2) Except in the cases 2provided for sub-section (1), a permanent alienation
of land shall not take effect as such unless and until sanction is given
thereto by a Deputy Commissioner:
2(Provided that-
(1) sanction may
be given after the act of alienation is otherwise completed, and
(2) sanction shall not be necessary in the case of—
(a) a sale of a right of occupancy by a tenant to his landlord, or
(b) u gift made in good faith for a religious or charitable purpose, whether inter vivos or by will].
(2) sanction shall not be necessary in the case of—
(a) a sale of a right of occupancy by a tenant to his landlord, or
(b) u gift made in good faith for a religious or charitable purpose, whether inter vivos or by will].
(3) The Deputy
Commissioner shall inquire into the circumstances of the alienation and shall
have discretion to grant or refuse the sanction required by sub-section (2).
4. 3[(a)All Muslims
ordinarily residing, or holding land, in the 4[North-West Frontier Province]
shall be deemed to be members of an Agricultural tribe and
constituting one group for the purposes of this Act.
(b) The Provincial Government may, by notification
in the official Gazette, determine what bodies of persons, other than Muslims,
in any District or group of Districts, are to be deemed Agricultural tribes or
a group of Agricultural tribes for the purposes of this Act.]
1.
Clause (b) and the proviso to clause C. rep; by
Punjab Act I of 1907- S. 4 (1).
2. Subs, ibids. 4 (2)
3. Subs, for the original section by North-West Frontier Province Act VIII of 1948, a. 2.
4. To be construed as referring to the Districts of Bannu, Dcra Istnail Khan, Hazaia, Martian, Kohat and Peshawar; see W. P. Act No. XVI of 1957, s. 3 Sch. I.
2. Subs, ibids. 4 (2)
3. Subs, for the original section by North-West Frontier Province Act VIII of 1948, a. 2.
4. To be construed as referring to the Districts of Bannu, Dcra Istnail Khan, Hazaia, Martian, Kohat and Peshawar; see W. P. Act No. XVI of 1957, s. 3 Sch. I.
1900 Act
XIII] ALIENATION
OF LAND
5. When a Deputy
Commissioner sanctions a permanent alienation of land, his order shall not
be taken to decide or affect any question of title, or any question relating
to any reversionary right or right of pre-emption.
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Saving for rights in
land alienated.
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Temporary Alienations of Land,
6.
(1) If a member of an agricultural tribe mortgages his land
and the mortgage is not a member of the same tribe, or of a tribe
in 1 the same group, the mortgage shall be made in one of the
following forms:-
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Forms of mortgage
permitted in certain cases.
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(a) in the form
of a usufructuary mortgage, by which the mortgagor delivers possession of the
land to the mortgage and authorizes him to retain such possession and to
receive the rents and profits of the land in lieu of interest and towards
payment of the principal, on condition that after the expiry of the term agreed
on or (if no term is agreed on, or if the term agreed on exceeds twenty years),
after the expiry of twenty years, the land shall be redeliver-ed to the
mortgagor ; or
(b) in the form of a mortgage without possession,
subject to the condition that, if the mortgagor fails to pay principal and
interest according to his contract, the mortgage may apply to the Deputy
Commissioner to place him in possession for such term not exceeding twenty
years as the Deputy Commissioner may consider to be equitable, the mortgage to
be treated as a usufructuary mortgage for the term of the mortgage possession
and for such sum as may be due to the mortgage on account of the balance of
principal due and of interest due not exceeding the amount claimable as simple
interest at such rate and for such period as the Deputy Commissioner thinks
reasonable; or
(c) in the form
of a written usufructuary mortgage by which the mortgagor recognizes the
mortgage as a landlord and himself remains in cultivating occupancy of the land
as a tenant subject to the payment of rent at such rate as may be agreed upon
not exceeding sixteen annas per rupee of the amount of the land-revenue in
addition to the amount of the land revenue of the tenancy and the rates and
cesses chargeable thereon and for such term as may be agreed on, the mortgagor
having no right to alienate his right of cultivating occupancy and the mortgage
ALIENATION OF
LAND 1900
Act XIH
having no right to eject
the mortgagor unless on the grounds mentioned in section 39 of the ' [Punjab
Tenancy Act, 1887];,or
(d) in any form which foe 2[Provincial Government]
may, by-general or special ; fader, permit to be used.
(2) If in the case of a
mortgage in form (c) the mortgagor is ejected or relinquishes or abandons
cultivating occupancy of the land, the mortgage shall take effect as a
usufuctuary mortgage in form (a) for such term not exceeding, twenty years from
the date of adjustment, relinquishment or abandonment, and for such sum of
money as the Deputy Commissioner considers to be reasonable.
3[ (3) The Deputy
Commissioner, if he accepts the application of a mortgage under sub-section
(1) (b), shall have power to eject the mortgagor, and as
against the mortgagor to place the mortgage in possession.]
Rules applying to
permitted mortgages.
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7.
In the case of
mortgages made under section 6—
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(1) no interest
shall accrue during the period for which the mortgage is in possession of the
land or in receipt of rent;
(2) if the
mortgage is in form (a) or form (b), then at
the end of such period of possession the mortgage debt shall be extinguished;
(3) the mortgagor
may redeem his land at any time during the currency of the mortgage, on payment
of the mortgage debt or, in the case of a mortgage in form (a) or
form (b), of such proportion of the mortgage debt as the
Deputy Commissioner determines to be equitable; and
(4) in the case
of a usufructuary mortgage, the mortgagor shall not be deemed to bind himself
personally 10 repay the mortgage-money.
4[(5) if a mortgagor who
has applied to the Deputy Commissioner under sub-section (3) proves to the
satisfaction of the Deputy Commissioner that he has paid.
1900 : Act XIII ALIENATION
OF LAND
the mortgage debt or
such proportion of the mortgage debt as the Deputy Commissioner has determined
to be equitable, or deposits with the Deputy Commissioner the amount of such
mortgage/debt or of such proportion thereof, the redemption of the land shall
be deemed to have taken place, and the Deputy Commissioner shall have power to
eject the mortgage, if in possession, and as against the mortgage to place the
mortgagor in possession.].
8. (1) In a mortgage
made under section 6, the following conditions may be added by agreement
between the parties: -
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Condition in permitted
mortgages.
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(a) a condition
fixing the time of the agricultural yea rat which a mortgagor redeeming his
land may resume possession thereof;
(b) conditions
limiting the right of a mortgagor or mortgage in possession to cut, sell or
mortgage trees or to do any act affecting the permanent value of the land; and
(c) any condition which the l [Provincial
Government] by general or special order may declare to be admissible.
(2) [n mortgages made
under section 6 any condition not f permitted by or under this Act shall
be null and void.
9. (1) If a member of
an agricultural tribe makes a mortgage of his land in any" manner or
form not permitted by or under this Act, the Deputy Commissioner shall have
authority to revise and alter the terms of the mortgage so as to bring it
into accordance with such form of mortgage permitted by or under this Act as
the mortgage appears to him to be equitably entitled to claim.
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Power to revise
mortgage made in form not permitted.
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(2) If a member of an
agricultural tribe has before the commencement of this Act made a mortgage of
his bond in which there is a condition intended to operate by way of conditional
sale, the Deputy Commissioner shall be empowered at any time during the
currency of the mortgage to put the mortgage to his election whether he will
agree to the said condition being struck out, or to accept in lieu of the said
mortgage a mortgage which may be at the mortgage’s option be either in
form (a) or in form (ft) as permitted by section 6 and which
shall be made for such period not exceeding the period permitted by the said
section and for such sum of money as, the Deputy Commissioner considers to be
reasonable.
1.
Subs, for "Local Government" by the A. O.
ALIEN A'LION OF
LAND [1900 : Act
XIII
(3) If proceedings for
the enforcement of a condition intended to operate by way of conditional sale
are instituted or are pending at the commencement of this Act in any Civil
Court, or if a suit is instituted in any Civil Court on a mortgage to which
sub-section (1) or sub-section (2) applies, the Court shall refer the case to
the Deputy Commissioner with a view to the exercise of the power conferred by
the sub-section applying thereto.
1[(4) When a mortgage
put to his election under sub-section (2) agrees to accept in lieu of his
mortgage, a mortgage in form (a) or in form (b) as permitted
by section 6 for the period and for the sum of money considered by the Deputy
Commissioner to be reasonable, and the mortgagor cannot be found, or fails to
appear when duty served with notice to do so, or refuses or neglects to execute
such" mortgage, the Deputy Commissioner shall have authority to execute
such mortgage on such terms as to costs as he may fix and the mortgage so
executed shall have effect as if it had been executed by the mortgagor. The
Deputy Commissioner may for any reason which he deems sufficient set aside
any ex-partproceedings taken under this sub-section .]
Future mortgage by way
of conditional sale not permitted.
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10.
In any mortgage of land made after the
commencement £t of this Act any condition which is intended to
operate by way of conditional sale shall be null and
void.
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Lease and Farms.
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11. Any member of an
agricultural tribe may make a lease or farm of his land for any term not
exceeding twenty years, and any lease or farm made by a member of an
agricultural tribe for a longer term than twenty years shall if the lessee or
farmer is not a member of the same tribe or of a tribe in the same group, be
deemed to be a tease or farm for the term permitted by this section.
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Restriction on power
to make further temporary alienation.
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12. (1) During the
currency of a mortgage made under section form 6 in form (a) or
form (b) or of a lease or farm under this Act, the owner shall be
at liberty to make a further temporary alienation of the same land for such
term as together with the term of the current mortgage, lease
or farm will make up a term not exceeding the full term of twenty years.
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(2) Any
such further temporary alienation if made for a longer
term than is permitted by miss section, shall be deemed to be a temporary
alienation for the term permitted by this section.
Adjustment of mortgage, lessee or farmer remaining in possession after term. |
13.
If a mortgage, lessee or farmer holding possession under a
mortgage made under section 6 or under a lease or farm made under 11 or under a mortgage, lease or farm made under section 12 |
1
Sub-section (4) inserted by the Punjab Alienation of
Land Amendment Act, 1107Punjab Act of 1907),s. 8.
1900 : Act
XIII] ALIENATION
OF
LAND
remains in possession
after the expiry of the term for which he is entitled to hold under his
mortgage, lease or farm, the Deputy Commissioner may, of his own motion or on
the application of the person entitled to possession, eject such
mortgage, lessee or farmer and place the person so
entitled in possession.
General
Provisions.
14. Any permanent
alienation which under section 3 is not to take effect as such until
the sanction of a Deputy Commissioner is given thereto shall until such
sanction is given or if such sanction has been refused, take effect as
a usufructuary mortgage in form (a) permitted by section 6 for such term not
exceeding twenty years and on such conditions as the Deputy Commissioner
considers to be reasonable.
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Effect of permanent
alienation made with out sanction.
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15.
Every agreement whereby a member of an agricultural tribe purports to
alienate or charge the produce of his land or any pa- of, or share in such
produce for more than one year shall not take effect for more than one
year from the date of the agreement unless the sanction of a Deputy
Commissioner is given there to, and shall, until such sanction is given or if
such sanction is refused, take effect as if it had been made for one year.
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Sanction of Deputy
Commissioner required to certain alienations of or charges on produce of
land.
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Explanation.- The produce of land means-
(a) crops and other products of the earth standing
or uugut hered on the holding;
(b) crops and other products of the earth which have been grown on the land during the past year and have been reaped or gathered.
(b) crops and other products of the earth which have been grown on the land during the past year and have been reaped or gathered.
16.
(1) No land belonging to a member of an agricultural tribe
shall be sold in execution of any decree or order of any Civil of
Revenue Court. whether made before or after the commencement of this
Act
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Execution sale of land
forbidden.
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(2) Nothing in
this-section shall affect the right of '[any Government] to recover arrears of
land-revenue, or any dues which are recoverable as arrears of land revenue, in
any manner now permitted by law.
17.
Notwithstanding anything in the Indian Registration Act,
1877,2 or in any rule made under section 69 of that Act,—
1. Subs, for "Government" by the A. O., 1937.
2. Set now the Registration Act, 1908, XVI of 1908),
Pakistan Code Vol: V.
ALIENATION OF LAND 1900
: Act XIII
(1) an instrument which contravenes any provision of this Act shall not be admitted to registration ;
(2) an instrument which records or gives effect to any transaction which requires the sanction of a Deputy Commissioner shall not be admitted to registration until a certified copy of the order giving such sanction is produced to the officer empowered to register such instrument.
(1) an instrument which contravenes any provision of this Act shall not be admitted to registration ;
(2) an instrument which records or gives effect to any transaction which requires the sanction of a Deputy Commissioner shall not be admitted to registration until a certified copy of the order giving such sanction is produced to the officer empowered to register such instrument.
Record- of right and
annual record,
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18. (1) Where, by
reason of any transaction which under e" this Act requires the sanction
of a Deputy Commissioner, a person claims to have acquired a right the
acquisition whereof he is bound to report under section 34 of the [Punjab
Land Revenue Act, 1887], such person shall, in making his report, state
whether the sanction required has been obtained or not, and his right so
acquired shall not be entered in the record-of-rights or in any annual record
until he produces such evidence of the order by which such sanction is given
as may be required by any rules made under this Act.
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(2) No right claimed by
reason of any transaction or condition which is declared by this Act to be null
and void shall be entered in the record-of-rights or in any annual record.
Application of certain
provisions of the 2(Punjab land-revenue Act, 1887)
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19. Subject to the
provisions of this Act, the provisions of
Chapter-II of the 3[Punjab Land Revenue Act, 1887], shall in so far as they are applicable, apply to the proceedings of Revenue-officers under this Act. |
Appearance of legal
practitioners forbidden.
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20. No legal
practitioner shall appear on behalf of any party
interested in any proceeding before a Revenue-officer under this |
Explanation. -The term "Legal practitioner" includes
a mukhtar.
Jurisdiction of Civil
Courts excluded,
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21. (1) A Civil Court
shall not have jurisdiction in any matter
which the ''[Provincial Government] or a Revenue-officer is empowered by this Act to dispose of. |
1. Since
repealed and replaced by W. P. Land Revenue Act, 1967 (Act XVII of
1967).
2. For rules
to be read as added to Chap. V of rules made under Act XVII of
1887, see Punjab Gazette Extraordinary, dated 25th May, 1901,
p. 4.
3. Since repealed and replaced by the W. P. Land Revenue Act, 1967 (Act XVII of 1967)
4. Subs, for "Local Government" by the A O., 1937.
3. Since repealed and replaced by the W. P. Land Revenue Act, 1967 (Act XVII of 1967)
4. Subs, for "Local Government" by the A O., 1937.
1900 : Act XIII] ALIENATION
OF LAND
(2) No Civil Court shall take cognizance of the manner in which the Provincial Government] or any Revenue-officer exercise any power vested in it or in him by or under this Act.
(2) No Civil Court shall take cognizance of the manner in which the Provincial Government] or any Revenue-officer exercise any power vested in it or in him by or under this Act.
2[21-A. (1)
Notwithstanding anything contained in the of Civil Procedure) or in any other
Act for the time being in force every Civil Court which passes a decree or
order involving (1) the permanent alienation of his land by a member of an
agricultural tribe or (2) the mortgage by a member of an agricultural tribe
of his land when the mortgage is not a member of the same tribe or of a tribe
in the same group, shall send to the Deputy Commissioner a copy of such decree
or order.
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Civil Court to send
copy of decree or order to Deputy Commissioner.
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(2) When it appears to
the Deputy Commissioner that any Civil Court has either before or after the
date when this section comes into operation, passed a decree or order contrary
to any of the provisions of this Act, the Deputy Commissioner may apply for
the revision of such decree or order to the Court, if any, to which an appeal
would lie from such decree or order or in which an appeal could have been
instituted at the time when the decree or order was passed or in any other
case to the 5[High Court].And when the Court finds that such decree or order
is contrary to any of the provisions of this Act it shall alter it so as to
make it consistent with this Act. Such application shall be made within two
months of the date upon which the Deputy Commissioner is informed of such
decree or order.
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Action to be taken by
Deputy Commissioner when decree or order passed contrary to Act.
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(3) When any such Appellate Court passes an order, rejecting such application,
the Deputy Commissioner may, within two months after the date upon which he is
informed of such order apply to the 4[High Court] for revision
thereof.
(4) Every Civil Court which passes an order on any application made under this section shall forthwith send a copy thereof to the Deputy Commissioner.
(5) No stamp .shall be required, upon; such applications, and die provisions of the Code of Civil Procedure as regards appeals shall apply so far as may be 10 the procedure of the Court on receipt of such application:
(4) Every Civil Court which passes an order on any application made under this section shall forthwith send a copy thereof to the Deputy Commissioner.
(5) No stamp .shall be required, upon; such applications, and die provisions of the Code of Civil Procedure as regards appeals shall apply so far as may be 10 the procedure of the Court on receipt of such application:
1.
Sub by A. O. 1937.
2. Section 21-A, inserted by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act 1 of 1907) s. 9.
3. See now the Code of Civil Procedure, 1908 (V of 1938).
4. Subs, for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919).
5. See now the Code of Civil Procedure. 1908 (V of 1908).
2. Section 21-A, inserted by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act 1 of 1907) s. 9.
3. See now the Code of Civil Procedure, 1908 (V of 1938).
4. Subs, for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919).
5. See now the Code of Civil Procedure. 1908 (V of 1908).
ALIENATION OF
LAND [l900
: Act XIII
Provided that no appearance
by or on behalf of the Deputy Commissioner shall be deemed necessary for the
disposal of the application.]
22. [Addition to section
77 of Act XVI of mi] Rep by the Repealing Act, 1938 (1 of \
938), sections 2 and Sch 1
Exercise of Powers of
Deputy. Commissioners.
|
23. The powers
conferred by this Act upon a Deputy Commissioner may be exercised by a
Revenue-officer of higher rank, or by any officer authorized by the
4[Provincial Government] in this behalf..
|
Exemption.
|
24. The 1[Provincial
Government], 2*** may, by notification 3in the [official Gazette], exempt
any district or part of district or any person or class of persons from the
operation of this Act or of any of the provisions thereof.
|
Power to make rules.
|
25. (1) The Provincial
Government] may make rules2 [for
carrying into effect the purposes of this Act. |
(2) In particular and
without prejudice to the generality of the foregoing power, the Provincial
Government] may make 5rules prescribing the Revenue officers to whom
applications may be made and the manner and form in which such applications
shall be made and disposed of.
1
Subs, for "Local
Government" by the A. O., 1937.
2. The words "with the previous sanction of the Governor General in Council" were omitted by the Devolution Act, 1920 (XXXVITI of 1920) s). 2, and Sch). I.
3. For district exempted under this section, see Punjab Gazette, 1901, Pt. 1, p. 1096 ibid1902, Pt) I p) 418 and for notification exemption every area included in Cantonment or Municipality from the operation of the provisions of the Act, except s. 1., s, 2 (1), (2), (3), and (5). . ss. 4, 10, 16, and 18 (2) and ss 21 (2) and 24 see ibid
4. Subs., for Local Official Gazette" by the A. O., 1937.
5. For the rules under this section, see Punjab Gazette, .1901, Pt. 1, p. 1176; Gazette of India, 1904, Pt II,PP, 827-828 and North West Frontier Province Gazette 12th November 1915, Page 970.
2. The words "with the previous sanction of the Governor General in Council" were omitted by the Devolution Act, 1920 (XXXVITI of 1920) s). 2, and Sch). I.
3. For district exempted under this section, see Punjab Gazette, 1901, Pt. 1, p. 1096 ibid1902, Pt) I p) 418 and for notification exemption every area included in Cantonment or Municipality from the operation of the provisions of the Act, except s. 1., s, 2 (1), (2), (3), and (5). . ss. 4, 10, 16, and 18 (2) and ss 21 (2) and 24 see ibid
4. Subs., for Local Official Gazette" by the A. O., 1937.
5. For the rules under this section, see Punjab Gazette, .1901, Pt. 1, p. 1176; Gazette of India, 1904, Pt II,PP, 827-828 and North West Frontier Province Gazette 12th November 1915, Page 970.
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