[1]THE
PUNJAB ALIENATION OF LAND ACT, 1900
(Act XIII of 1900)
[19 October 1900 ]
An Act to amend the law relating to
agricultural land in the Punjab
WHEREAS
it is expedient to amend the law relating to agricultural land in the Punjab ;
It is hereby enacted as follows:-
Preliminary
1. Short
title, extent and commencement.– (1) This Act may be called the [2][* * *] Punjab Alienation of Land
Act, [3][* * *].
(3) It
shall come into force on such day[7] as the [8][Provincial] Government may, by
notification in the [9][Official Gazette], direct.
2. Definitions.– In this Act, unless there is
anything repugnant in the subject or context,–
(2) all expressions which are defined by section
4 of the Punjab Tenancy Act, 1887[11], or by section
[12][4] of the [13]Punjab Land
Revenue Act, [14][1967 (XVII of
1967)], 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 “[15][periodical]
record” shall have the meanings assigned to them respectively in Chapter [16][VI] of the
said last-mentioned Act;
[17][(2A) “Collector”
means the Collector of a District appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an officer authorized by the Government to
exercise the powers of the Collector;
(2B) “Commissioner”
means a Commissioner of a Division appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an Additional Commissioner;]
(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;
(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 landowner to a superior landowner;
(e) any right to water enjoyed by the owner or
occupier of land as such;
(g) all trees standing on such land];
[21][(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 mortgaged land to
the mortgagee and authorises 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; [22][* * *]
(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 mortgagee.
[23][(7) “Alienor”
includes any person transferring an interest in land by sale, exchange, gift,
will, mortgage, lease or farm, and lawful heirs and successors of any such
person;
[25][2-A. Application of Act to sections 53 and 54, Act
XVI, 1887.–
Notwithstanding anything contained in sections 53 and 54 of the Punjab Tenancy
Act, 1887[26], when a land-lord makes a claim to
exercise the rights thereby conferred upon him the provisions of this Act shall
apply thereto].
Permanent Alienation Of Land
3. Sanction
of [27][Collector]
required to certain permanent alienations.– (1) [28][Save as hereinafter provided a]
person who desires to make a permanent alienation of his land shall be at
liberty to make such alienation where–
(a) the alienor is not a member of an
agricultural tribe; or
(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.
(2) Except
in the cases provided for in sub-section (1), a permanent alienation of land
shall not take effect as such unless and until sanction is given thereto by a [31][Collector]:
(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 land-lord, or
(b) a gift made in good faith for a religious or
charitable purpose, whether inter vivos or
by will].
(3) The [33][Collector] shall inquire into the
circumstances of the alienation and shall have discretion to grant or refuse
the sanction required by sub-section (2).
[34][3-A. Sanction of [35][Collector] required for an alienation to an agriculturist creditor
in certain cases.– Except with the sanction of the [36][Collector] as
provided for in this Act, no member of an agricultural tribe shall make [37][an alienation]
of his land to a member of the same tribe or of a tribe in the same group who
being a creditor has advanced to such person any loan, until such loan has been
repaid or settled in full by the debtor and a period of three years has elapsed
since repayment of settlement; provided that if the [38][Collector]
after making such enquiries from the parties concerned as may be prescribed in
this behalf by the [39][Board of
Revenue] finds that an alienation has been made by a debtor to a person other
than his creditor the effect of which is to pass the beneficial interest to
such creditor in evasion of the provisions of this section, he shall, after
recording his reasons by order in writing declare the alienation void and shall
eject any person in occupation of the land by virtue of such alienation and
shall place the alienor in possession thereof.
Explanation– In this section–
[40][(1) “An alienation” means a permanent alienation
or an alienation in any form other than those permitted by section 6 of this
Act].
(2) The term “creditor” means a person or a firm
carrying on the business of advancing loans and shall include the legal
representative and the successor-in-interest whether by inheritance, assignment
or otherwise, of such person or firm.
(3) The terms “creditor” and “debtor” shall be deemed to include
their husbands or wives as the case may be and all persons (including their
husbands or wives as the case may be) who are descended from the grandfather of
such creditor or debtor as the case may be.
(4) The term “loan” means an advance whether
secured or unsecured of money or in kind at interest [as defined in section
2(6) of the Punjab Regulation of Accounts Act, 1930 (I of 1930)] and shall
include any transaction which [41][the court or the [42][Collector], as the case may be]
finds to be in substance a loan, but it shall not include–
(i) an advance in kind made by a landlord to his
tenant for the purposes of husbandry; provided the market value of the return
in kind does not exceed the market value of the advance as estimated at the
time of the advance;
(ii) a deposit of money or other property in a
Government Post Office Bank, or any other Bank, or with a Company, or with a
Co-operative Society or with any employer as security from his employees;
(iii) a loan to, or by, or a deposit with any
society or association registered under the Societies Registration Act, 1860[43], or under any other enactment;
(iv) a loan advanced by or to the [44]Central or any Provincial Government
or by or to any local body under the authority of the [45]Central or any Provincial
Government;
(v) a loan advanced by a Bank, a Co-operative
Society or a Company whose accounts are subject to audit by a certificated
auditor under the [46][Companies
Ordinance, 1984];
(vi) a loan advanced by a trader to a trader, in
the regular course of business, in accordance with trade usage;
(vii) an advance made on the basis of a negotiable
instrument as defined in the Negotiable Instruments Act, 1881[47], other than a promissory note.
(5) The
terms “Bank”, “Company”, “Co-operative Societies” and “Traders” shall have the
same meanings as are assigned to them in section 2 of the Punjab Regulation of
Accounts Act, 1930[48]].
[49][3-B. Ejectment of alienee.– In case of any resistance to an
order of ejectment passed under the provisions of section 3-A, the [50][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.
3-C. Appeal.– Any person aggrieved by an order of
the [51][Collector] under section 3-A or
section 3-B may appeal to the [52][Commissioner], provided that no
appeal shall lie unless the appeal is instituted within thirty days of the
order appealed against, excluding days required for obtaining copies of the
order].
4. Agricultural tribes.– (1) The [53][Board of
Revenue] shall, by notification in the [54][Official
Gazette], [55][* * *]
determine what bodies of persons in any district or group of districts are to
be deemed to be agricultural tribes or groups of agricultural tribes for the
purposes of this Act.
[56][(2) If
any question or doubt should arise as to whether a person is or is not a member
of a notified agricultural tribe, the [57][Collector] shall, after such
enquiry as may be prescribed, determine whether that person is to be deemed to
be a member of the said agricultural tribe for the purposes of this Act.
(3) In
passing an order under the above sub-section the [58][Collector] shall not be bound by
any decree of a Civil Court , and may
review any order previously passed under that sub-section:
Provided that nothing in this
section shall affect a decree passed in a suit instituted before the 15th June,
1938].
5. Saving
for rights in land alienated.– When a [59][Collector] 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.
Temporary Alienation Of Land
6. Forms
of mortgage permitted in certain cases.– (1) If a member of an agricultural tribe mortgages his land
and the mortgagee is not a member of the same tribe, or of a tribe in the same
group, the mortgage shall be made in one of the following forms:-
(a) in the form of a usufructuary mortgage, by
which the mortgagor delivers possession of the land to the mortgagee and
authorises 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 re-delivered 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 mortgagee may apply to the [60][Collector] to place him in
possession for such term, not exceeding twenty years, as the [61][Collector] may consider to be
equitable, the mortgage to be treated as a usufructuary mortgage for the term
of the mortgagee’s possession and for such sum as may be due to the mortgagee
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
[62][Collector] thinks reasonable; or
(c) in the form of a written usufructuary
mortgage by which the mortgagor recognises the mortgagee 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 mortgagee having no right to eject the
mortgagor unless on the grounds mentioned in section 39 of the Punjab Tenancy
Act, 1887[63]; or
(d) in any form which the [64][Board of Revenue] may, by general
or special order, 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 usufructuary mortgage in form
(a) for such term not exceeding twenty years from the date of ejectment,
relinquishment or abandonment, and for such sum of money as the [65][Collector]
considers to be reasonable.
[66][(3) The [67][Collector], if he accepts
the application of a mortgagee under sub-section (1) (b) shall have power to
eject the mortgagor, and as against the mortgagor to place the mortgagee in
possession].
7. Rules
applying to permitted mortgages.– In the case of mortgages made under section 6–
(1) no interest shall accrue during the period
for which the mortgagee 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 [68][Collector]
determines to be equitable; and
(4) in
the case of a usufructuary mortgage, the mortgagor shall not be deemed to bind
himself personally to repay the mortgage-money;
[69][(5) if
a mortgagor who has applied to the [70][Collector] under sub-section (3)
proves to the satisfaction of the [71][Collector] that he has paid the
mortgage-debt or such proportion of the mortgage-debt as the [72][Collector] has determined to be
equitable, or deposits with the [73][Collector] 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 [74][Collector] shall have power to
eject the mortgagee, if in possession, and as against the mortgagee to place
the mortgagor in possession].
8. Conditions
in permitted mortgages.–
(1) In a mortgage made under section 6, the following conditions may be added
by agreement between the parties:-
(a) a condition fixing the time of the agricultural
year at which a mortgagor redeeming his land may resume possession thereof;
(b) conditions limiting the right of a mortgagor or
mortgagee 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 [75][Board of Revenue] by general or
special order may declare to be admissible.
(2) In
mortgages made under section 6 any condition not permitted by or under this Act
shall be null and void.
[76][8-A. Injury to
land not permitted.– The express permission in writing of an owner of land
attested by a revenue officer shall be necessary in order to enable a mortgagee
or lessee or person holding a farm thereof, to commit any act which is
destructive of, or permanently injurious to, the land for purposes of
agriculture; and no court, or Official Receiver acting or purporting to act on
behalf of the owner, shall be empowered to give such permission without the
consent in writing of the owner, or the insolvent, as the case may be.
Explanation– The word “owner” in this section
shall include any other person authorised by law to act in this behalf].
9. Power to revise mortgage made in form
not permitted.– (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 [77][Collector] 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
mortgagee appears to him to be equitably entitled to claim.
(2) If a member of an agricultural tribe
has before the commencement of this Act made a mortgage of his land in which
there is a condition intended to operate by way of conditional sale, the [78][Collector]
shall be empowered at any time during the currency of the mortgage to put the
mortgagee 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 at
the mortgagee’s option be either in form (a) or in form (b) 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 [79][Collector]
considers to be reasonable.
(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 [80][Collector] with a view to
the exercise of the power conferred by the sub-section applying thereto.
[81][(4) When a mortgagee 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 [82][Collector] to
be reasonable, and the mortgagor cannot be found, or fails to appear when duly
served with notice to do so, or refuses or neglects to execute such mortgage
the [83][Collector]
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 [84][Collector] may
for any reason which he deems sufficient set aside any ex parte proceedings taken under this sub-section].
10. Future mortgage by way of
conditional sale not permitted.– In any mortgage of land made after the
commencement of this Act any condition which is intended to operate by way of
conditional sale shall be null and void.
11. Leases and farms.– 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 lease or farm for the
term permitted by this section.
12. Restriction on power to make further
temporary alienation.–
(1) During the currency of a mortgage made under section 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.
(2) Any
such further temporary alienation, if made for a longer term than is permitted
by this section, shall be deemed to be a temporary alienation for the term
permitted by this section.
13. Ejectment of mortgagee,
lessee or farmer remaining in possession after term.– If a
mortgagee, lessee or farmer holding possession under a mortgage made under
section 6 or under a lease or farm made under section 11 or under a mortgage,
lease or farm made under section 12 remains in possession after the expiry of
the term for which he is entitled to hold under his mortgage, lease or farm,
the [85][Collector]
may, of his own motion or on the application of the person entitled to
possession, eject such mortgagee, lessee or farmer and place the person so
entitled in possession.
[86][13-A. Benami
transactions intended to evade the provisions of the Act to be void.– (1) When a
sale, exchange, gift, will, mortgage, lease or farm purports to be made either
before or after the commencement of the Punjab Alienation of Land (Second
Amendment) Act, 1938, by a member of an agricultural tribe to a member of the
same agricultural tribe or of a tribe in the same group, but the effect of the
transaction is to pass the beneficial interest to a person who is not a member
of the same tribe or of a tribe in the same group, the transaction shall be
void for all purposes, and the alienor shall be entitled to possession of the
land so alienated, notwithstanding the fact that he may have himself intended
to evade the provisions of this Act.
Explanation– Any alienation made in consequence of
a transaction rendered void by this sub-section shall also be deemed void for
all purposes.
(2) If
the [87][Collector] either of his own motion or on the
application of the alienor, is satisfied after making such enquiries as may be
prescribed from the parties concerned, and recording evidence that an
alienation is void under the provisions of the preceding sub-section he shall,
by order in writing, after recording his reasons, eject any person in
occupation of the land under such sale, exchange, gift, will, mortgage, lease
or farm and place the alienor in possession:
Provided
that the [88][Collector]
may, in ordering the ejectment of a person who is a bona fide transferee for consideration before the 20th June, 1938,
and is in occupation of such land, allow to any such person, other than the
original transferee, compensation for improvements (as defined in section 4 of
the Punjab Tenancy Act, 1887[89], effected by
him while in occupation, up to a sum not exceeding in value the consideration
for the original transaction. Such compensation shall be assessed by the [90][Collector] on such
principles as may be prescribed, and shall be deposited by the alienor, and
paid to the persons so ejected, in such manner as may be prescribed.
(3) For
the purpose of enforcing an order under sub-section (2) the [91][Collector] may exercise all the powers of a Civil Court conferred by Order 21, Rules 97 and 98 of
the Code of Civil Procedure.
13-B. Appeals.– An appeal shall lie from any order
passed, whether in original or on review by a [92][Collector] under section 4 or
section 13-A, as follows, namely:-
(b) to the [95][Board of
Revenue] when the order is passed by the [96][Commissioner] [97][only on a
point of law].
13-C. Revision.– The [98][Board of
Revenue] may at any time call for the record of any proceedings pending before
or disposed of by the [99][Collector]
under section 4 or section 13-A and shall pass such orders as [100][it] thinks
fit:
Provided that [101][it] shall not under this section
pass any order reversing or modifying any such order without giving the persons
concerned an opportunity of being heard.
13-D. Limitation for appeal.– The period of limitation for an appeal under section 13-B,
shall run from the date of the order appealed against and shall be as follows:-
The provisions of section 5 and 12
of the [104][* * *] Limitation Act, 1908, shall
apply for the purpose of computing the period of limitation].
[105][13-E. Bar to jurisdiction of Civil Courts.– A Civil Court shall not have
jurisdiction in any matter of which the [106][Collector] is empowered to dispose
under section 13-A or take cognizance of the manner in which he exercises any
power vested in him by that section].
General Provisions
14. Effect of permanent alienation made without
sanction.–
Any permanent alienation which under section 3 [107][or 3-A] is not to take effect as
such until the sanction of a [108][Collector] 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 [109][Collector] considers to be
reasonable.
15. Sanction of [110][Collector] required to certain alienations of, or charges on,
produce of land.– Every agreement whereby a member of an agricultural
tribe purports to alienate or charge the produce of his land or any part 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 [111][Collector] is
given thereto, and shall, until such sanction is given or if such sanction is
refused, take effect as if it had been made for one year.
Explanation– The produce of land means–
(a) crops and other products of the earth
standing or ungathered 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.
16. Execution-sale of land forbidden.– (1) No land belonging to a member
of an agricultural tribe shall be sold in execution of any decree or order of
any civil or revenue court, whether made before or after the commencement of
this Act.
[112][(2) Notwithstanding
anything contained in any other enactment for the time being in force no land
belonging to a member of an agricultural tribe shall, in execution of any
decree or order of any civil or revenue court, whether made before or after the
enactment of this sub-section, be leased or framed for a period exceeding 20
years or mortgaged except in one of the forms permitted by section 6].
[113][And, if the land is already under
lease, farm or mortgage, the period of the lease, farm or mortgage made by the
court shall not exceed the period, if any, remaining after the total period of
the existing lease, farm or mortgage is deducted from the period of twenty
years:
Provided that the period of any
lease, farm or mortgage, made by the owner (a) subsequent to the institution of
the proceedings which have led to the decree or order in execution of which the
land is being alienated by the court, or (b) within twelve months, previous to
the institution of proceedings referred to in (a) above and proved to be of a
fraudulent and collusive character, shall not be so deducted].
[114][(2-A) Every lease, farm or mortgage made under sub-section (2) shall be
determinable at any time by owner of that land by tendering to the [115][Collector] an amount which shall
bear to the amount in consideration for which transfer has been made the same
proportion as the unexpired period of transfer bears to the total period for
which the transfer has been made.
Explanation– Lease includes a temporary
alienation of land in satisfaction of a money decree.
(2-B) The
[116][Collector]
shall give notice to the parties and after hearing them and recording such
evidence as may be produced shall determine the amount to be tendered under
sub-section (2-A).
(2-C) When the amount as determined has been
deposited with the [117][Collector] he shall make an order
that the lease, farm or mortgage be immediately determined; that the owner be
put in possession as against the lessee, farmer or mortgagee; and that the
amount in deposit be paid to the person entitled.
(2-D) For the purpose of enforcing an order under
sub-section (2-C) the [118][Collector] may exercise all the
powers of a civil court conferred by Order XXI, Rules 97 and 98 of the Code of
Civil Procedure.
(2-E) A Civil Court shall not have jurisdiction in
any matter of which the [119][Collector] is empowered to dispose
under sub-sections (2-A), (2-B), (2-C) and (2-D) or take cognizance of the
manner in which he exercises any power vested in him by these sub-sections.
(2-F) The order of the [120][Collector] shall be subject to
appeal or revision in the manner and to the extent prescribed in sections 13-B
and 13-C and the period of limitation shall be as laid down in section 13-D].
[121][(3)] Nothing in this section shall affect the
right of [122][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. Registration.– Notwithstanding anything in the [123]Indian Registration Act, 1877, or in
any rule made under section 59 of that Act,–
(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 [124][Collector] 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.
18. Record-of-rights and annual record.– (1) Where, by reason of any
transaction which under this Act requires the sanction of a [125][Collector], a person claims to have
acquired a right the acquisition whereof he is bound to report under section [126][42] of the Punjab Land Revenue Act,
[127][1967 (XVII of 1967)], 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.
(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
[128][periodical] record.
19. Application of certain provisions of the
Punjab Land Revenue Act, [129][1967
(XVII of 1967)].–
Subject to the provisions of this Act, the provisions of Chapter [130][III] of the Punjab Land Revenue
Act, [131][1967
(XVII of 1967)],
shall, in so far as they are applicable, apply to the proceedings of Revenue
Officer under this Act.
20. Appearance of legal practitioners
forbidden.–
No legal practitioner shall appear on behalf of any party interested in any
proceeding before a Revenue Officer under this Act.
Explanation– The term “legal practitioner”
includes a mukhtar.
21. Jurisdiction of Civil Courts excluded.– (1) A Civil Court shall not have
jurisdiction in any matter which the [132][Provincial Government] or a Revenue
Officer is empowered by this Act to dispose of.
[134][21-A. Civil Court to send copy of decree or
order to [135][Collector].– (1) Notwithstanding anything
contained in the [136]Code 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 mortgagee is not a member of the same tribe or of a tribe in
the same group, shall send to the [137][Collector] a copy of such decree or
order.
(2) Action to be taken by [138][Collector]
when decree or order passed contrary to Act.– When it appears to the [139][Collector] 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 [140][Collector] 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 [141][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 [142][Collector] is informed of such
decree or order.
(3) When
any such Appellate Court passes an order, rejecting such application, the [143][Collector] may, within two months
after the date upon which he is informed of such order, apply to the [144][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 [145][Collector].
(5) No stamp shall be required upon such
applications, and the provisions of the Code of Civil Procedure[146], as regards
appeals shall apply so far as may be to the procedure of the Court on receipt
of such application:
Provided that no appearance by or on
behalf of the [147][Collector] shall be deemed necessary for the
disposal of the application].
22. [Addition to section 77 of Act XVI of 1887].
Repealed by the Repealing Act, 1938 (I of
1938), section 2 and Schedule.
23. Exercise of powers of [148][Collector].– The powers conferred by this Act upon a [149][Collector] may
be exercised by a Revenue Officer of higher rank, or by any officer authorised
by the [150][Board of
Revenue] in this behalf.
24. Exemption.– The [151][Board of Revenue] [152][* * *] may, by notification in the [153][Official Gazette], exempt any
district or part of a district or any person or class of persons from the
operation of this Act or of any of the provisions thereof.
25. Power
to make rules.–
(1) The [154][Provincial Government] may make
rules for carrying into effect the purposes of this Act.
(2) In particular and without prejudice to
the generality of the foregoing power, the [155][Provincial
Government] may make rules 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.
[10]Cl. (1) of
section 2 and the provisos were repealed in the Punjab
by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), section 2
(1).
[11]XVI of 1887.
[12]Substituted for the figure
“3”, by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of
2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999),
as amended, read with Article 270AA of the Constitution of the Islamic Republic
of Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[13]XVII of 1887,
subsequently repealed by the Punjab Land Revenue Act, 1967 (XVII of 1967).
[14]Substituted for the figure
“1887”, by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of
2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999),
as amended, read with Article 270AA of the Constitution of the Islamic Republic
of Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[17]Inserted by
the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[18]The word “and”
was repealed by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of
1936).
[19]Inserted by
the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), section 2.
[20]Inserted by
the Punjab Alienation of Land (Amendment) Act,
1936 (VII of 1936).
[21]Substituted
by the Punjab Alienation of Land (Amendment)
Act, 1907 (I of 1907).
[31]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[32]Substituted
by the Punjab Alienation of Land (Amendment)
Act, 1907 (I of 1907).
[33]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[34]Added by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V
of 1938).
[35]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[37]Substituted
for the words “a permanent alienation”, by the Punjab Alienation of Land
(Fourth Amendment) Act, 1938 (VIII of 1938).
[38]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[39]Substituted
for the words “Provincial Government”, by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[40]Substituted
by the Punjab Alienation of Land (Fourth
Amendment) Act, 1938 (VIII of 1938).
[41]Substituted
for the words “a Court”, by the Punjab Alienation of Land (Amendment) Act, 1940
(VIII of 1940).
[42]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[43]XXI of 1860.
[44]Now ‘Federal’,
see P.O. 4 of 1975.
[46]Substituted
for the words “Indian Companies Act, 1913”, by the Punjab Alienation of Land
(Amendment) Ordinance, 2001 (XXXVI of 2001). Under Article 5A of the
Provisional Constitution Order 1999 (I of 1999), as amended, read with Article
270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall
not be subject to any limitation as to duration prescribed in the Constitution.
[53]Substituted
for “Provincial Government”, by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957). The words, “Provincial
Government”, were earlier substituted for “Local Government”, by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[56]Added by the
Punjab Alienation of Land (Second Amendment)
Act, 1938 (X of 1938).
[57]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[58]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[62]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[63]XVI of 1887.
[64]Substituted
for “Provincial Government”, by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957). The words “Provincial
Government” were earlier substituted for “Local Government”, by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[65]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[66]Inserted by the
Punjab Alienation of Land (Amendment) Act,
1907 (I of 1907).
[67]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[68]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[69]Inserted by
the Punjab Alienation of Land (Amendment) Act,
1907 (I of 1907).
[70]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[75]Substituted
for “Provincial Government”, by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957). The words “Provincial
Government” were earlier substituted, for “Local Government”, by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[76]Inserted by
the Punjab Alienation of Land (Amendment) Act,
1938 (II of 1938).
[77]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[81]Inserted by
the Punjab Alienation of Land (Amendment) Act,
1907 (I of 1907).
[82]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[86]Sections 13-A to 13-D, inserted by the Punjab Alienation of Land (Second
Amendment) Act, 1938 (X of 1938).
[87]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[89]XVII of 1887.
[90]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[100]Substituted for the word “he”,
by the West Pakistan (Adaptation and Repeal of
Laws) Act, 1957 (XVI of 1957).
[102]Substituted for the words and
brackets “Executive District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[103]Substituted
for the words “Financial Commissioner”, by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[104]The word “Indian”, omitted by
the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001). Under Article 5A of the
Provisional Constitution Order 1999 (I of 1999), as amended, read with Article
270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall
not be subject to any limitation as to duration prescribed in the Constitution
[105]Inserted by
the Punjab Alienation of Land (Amendment) Act,
1940 (VIII of 1940).
[106]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment) (Amendment)
Act 2011 (VI of 2011).
[107]Inserted by
the Punjab Alienation of Land (Third
Amendment) Act, 1938 (V of 1938).
[108]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[113]Added by the
Punjab Alienation of Land (Amendment) Act,
1938 (II of 1938).
[114]Sub-sections (2-A) to (2-F), inserted
by the Punjab Alienation of Land (Amendment) Act, 1940 (VIII of 1940).
[115]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[118]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[121]Re-numbered
by the Punjab Alienation of Land (Amendment)
Act, 1931 (I of 1931).
[122]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[123]Now the
Registration Act 1908 (XVI of 1908).
[124]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[126]Substituted for the figure
“34” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of
2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999),
as amended, read with Article 270AA of the Constitution of the Islamic Republic
of Pakistan, 1973, it shall not be subject to any limitation as to duration
prescribed in the Constitution.
[132]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[144]Substituted
for “Chief Court ”, by Act XVIII of 1919.
[145]Substituted for the words and
brackets “District Officer (Revenue)”, by the Punjab Laws (Amendment)
(Amendment) Act 2011 (VI of 2011).
[150]Substituted
for the words “Provincial Government”, by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
The words “Provincial Government” were earlier substituted, for “Local
Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[154]Substituted ibid., for “Local Government”.
[155]Substituted ibid.,
for “Local Official Gazette”.
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