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THE
(Act XIII of 1900)
C O N T E N T
S
PRELIMINARY
Sections
1. Short
title, extent and commencement.
2. Definitions.
2-A. Application of
Act to sections 53 and 54, Act XVI, 1887.
PERMANENT
ALIENATION OF LAND
3. Sanction
of District Officer (Revenue) required to certain permanent alienations.
3-A. Sanction
of District Officer (Revenue) required for an alienation to an agriculturist
creditor in certain cases.
3-B. Ejectment of
alienee.
3-C. Appeal.
4. Agricultural tribes.
5. Saving for rights
in land alienated.
TEMPORARY
ALIENATION OF LAND
6. Forms of mortgage
permitted in certain cases.
7. Rules applying to
permitted mortgages.
8. Conditions in
permitted mortgages.
8-A. Injury to land
not permitted.
9. Power to revise
mortgage made in form not permitted.
10. Future
mortgage by way of conditional sale not permitted.
11. Leases and farms.
12. Restriction
on power to make further temporary alienation.
13. Ejectment of
mortgagee, lessee or farmer remaining in possession after term.
13-A. Benami
transactions intended to evade the provisions of the Act to be void.
13-B. Appeals.
13-C. Revision.
13-D. Limitation for
appeal.
13-E. Bar to
jurisdiction of Civil Courts.
GENERAL
PROVISIONS
14. Effect of
permanent alienation made without sanction.
15. Sanction
of District Officer (Revenue) required to certain alienation of, or charges on,
produce of land.
16. Execution-sale of
land forbidden.
17. Registration.
18. Record-of-rights
and annual record.
19. Application of
certain provisions of the Punjab Land Revenue Act, 1887.
20. Appearance of
legal practitioners forbidden.
21. Jurisdiction of
Civil Courts excluded.
Action
to be taken by District Officer (Revenue) when decree or order passed contrary
to Act.
22. [Repealed]
23. Exercise of powers
of District Officer (Revenue).
24. Exemption.
25. Power to make
rules.
[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][* * *].
[4][(2) It extends to [5][the Punjab] [6][* * *]].
(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,—
[10][* * * * * * * * * * * * *]
(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;
(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;
(d) a right
to receive rent [17][* * *];
(e) any
right to water enjoyed by the owner or occupier of land as such;
[18][(f) any right of occupancy]; [19][and
(g) all
trees standing on such land];
[20][(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; [21][* * *]
(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.
[22][(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;
(8) “[23][District Officer
(Revenue)]” shall be deemed to be a Revenue Officer within the meaning of
sections 19, 20 and 21 of this Act and
shall include any officer specially
appointed by the [24][Board of Revenue] to
perform the duties of a [25][District Officer (Revenue)]
for the purposes of sub-sections (2) and (3) of section 4, section 13-A,
section 13-B and section 13-C,
of this Act:
Provided that the
[26][Board
of Revenue] shall not appoint for this purpose an officer below the rank of an
Assistant Collector, first grade].
[27][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[28], 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
[29][District Officer (Revenue)] required to certain permanent alienations.— (1) [30][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
[31][* * * * * * * * * * * * *]
(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.
[32][* * * * * * * * * * * * *]
(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 [33][District Officer
(Revenue)]:
[34][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 land-lord, or
(b) a gift made in good faith for a religious or
charitable purpose, whether inter vivos or
by will].
(3) The [35][District Officer (Revenue)]
shall inquire into the circumstances of the alienation and shall have
discretion to grant or refuse the
sanction required by sub-section (2).
[36][3-A. Sanction
of
[37][District Officer (Revenue)] required for an alienation to an agriculturist
creditor in certain cases.— Except with the sanction of the [38][District Officer (Revenue)] as provided for in this Act, no member of an
agricultural tribe shall make
[39][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 [40][District Officer (Revenue)] after making such enquiries from the parties
concerned as may be prescribed in this behalf by the
[41][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—
[42][(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
[43][the
court or the
[44][District
Officer (Revenue)], 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[45], or
under any other enactment;
(iv) a loan advanced by or to the [46]Central
or any Provincial Government or by or to any local body under the authority of
the [47]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 [48][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[49], 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[50]].
[51][3-B. Ejectment of alienee.— In case of any resistance
to an order of ejectment passed under the provisions of section 3-A, the [52][District Officer (Revenue)]
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
[53][District
Officer (Revenue)] under section 3-A or section 3-B may appeal to the
[54][Executive
District Officer (Revenue)], 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 [55][Board of Revenue] shall, by
notification in the [56][Official Gazette], [57][* * *] 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.
[58][(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 [59][District Officer (Revenue)]
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 [60][District Officer (Revenue)]
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 [61][District Officer (Revenue)]
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 [62][District Officer (Revenue)]
to place him in possession for such term, not exceeding twenty years, as the [63][District Officer (Revenue)]
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 [64][District Officer (Revenue)]
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[65]; or
(d) in any form which the [66][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 [67][District Officer (Revenue)]
considers to be reasonable.
[68][(3) The [69][District Officer
(Revenue)], 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 [70][District Officer (Revenue)]
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;
[71][(5) if a mortgagor who has applied to the Deputy
Commissioner under sub-section (3) proves to the satisfaction of the
[72][District
Officer (Revenue)] that he has paid the mortgage-debt or such proportion of the
mortgage-debt as the
[73][District
Officer (Revenue)] has determined to be equitable, or deposits with the
[74][District
Officer (Revenue)] 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
[75][District
Officer (Revenue)] 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 [76][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.
[77][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
[78][District Officer (Revenue)]
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 [79][District Officer (Revenue)]
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 [80][District Officer (Revenue)]
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 [81][District Officer (Revenue)]
with a view to the exercise of the power conferred by the sub-section applying
thereto.
[82][(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 [83][District Officer (Revenue)] 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 [84][District Officer (Revenue)] 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 [85][District Officer (Revenue)] 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 [86][District Officer (Revenue)]
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.
[87][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 [88][District Officer (Revenue)] 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
[89][District
Officer (Revenue)] 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[90],
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
[91][District
Officer (Revenue)] 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
[92][District
Officer (Revenue)] 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 [93][District Officer (Revenue)]
under section 4 or section 13-A, as follows, namely:-
(a) to the
[94][Executive
District Officer (Revenue)] when the order is passed by the [95][District Officer
(Revenue)];
(b) to the [96][Board of Revenue] when the
order is passed by the
[97][Executive
District Officer (Revenue)] [98][only on a point of law].
13-C. Revision.— The [99][Board of Revenue] may at
any time call for the record of any proceedings pending before or disposed of
by the [100][District Officer (Revenue)]
under section 4 or section 13-A and shall pass such orders as [101][it] thinks fit:
Provided that [102][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:-