[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Pakistan (Punjab) Legislation |
[Database Search] [Name Search] [Noteup] [Help]
THE
COLONIZATION OF GOVERNMENT LANDS (
(Punjab Act V of 1912)
C O N T E N T S
Sections
1. Title
and local extent.
2. [Repealed]
3. Definitions.
CHAPTER I
PRELIMINARY
4. Application
of the Act.
5. Power to withdraw a
colony from the operation of the Act.
6. Applicability of
tenancy laws.
7. Applicability
of the
8. [Repealed]
9. [Repealed]
CHAPTER II
PROVISIONS
RELATING TO TENANTS
10. Issue
of statements of conditions of tenancies.
11. Legal
effect of statements of conditions.
12. Temporary
absence.
13. Entries in record of rights or in
annual record to be equivalent to entries in register issued under Act III of
1893.
14. Position
of tenants holding hitherto under Act III of 1893.
15. Purchaser
to be tenant pending payment in full of purchase money.
16. False
information by a tenant.
17. Exchange.
18. Rights
of tenant not to be attached or sold.
19. Transfers
of rights to be void.
19-A. Succession
to the tenancy.
20. Succession
to tenants acquiring otherwise than by succession.
21. Succession
to tenants acquiring by succession.
22. Acquisition
of ownership not to affect nomination of heir.
23. Revocation
of nomination.
24. Power
of imposing penalties for breaches of conditions.
25. Power
of re-entry and provisions as to compensation in certain cases.
26. Provisions for re-entry on and
compensation for buildings on sites allotted for residential purposes.
27. Saving
of certain tenancies and conditions.
28. Sums
due to Government to be recoverable as arrears of land revenue.
29. Power
to abrogate conditions.
CHAPTER III
PROVISIONS
RELATING
TO PROPRIETORS
30. Acquisition
of proprietary right.
30-A. Rights of alienation in respect of and
rule of succession to certain proprietary rights acquired by a female.
CHAPTER IV
SUPPLEMENTARY
PROVISIONS
31. Mares, camels or their progeny
maintained under prescribed conditions not to be attached or sold.
32. Power
of re-entry in case of squatters and trespassers.
33. Penalties.
34. Additional
powers of Collector in regard to offences.
35. Power
to levy a cess for administration of common village expenses.
36. Jurisdiction
of
37. Public
servants indemnified for acts done under this Act.
38. Legalization
of orders passed previous to the Act.
SCHEDULE I
LIST OF
EXCEPTED TENANCIES
REFERRED TO IN SECTION 4
SCHEDULE II
(REFERRED TO
IN SECTION 30)
Conditions
applicable to grantees who
acquire proprietary right
1. Exceptions
of channels, rights to minerals, etc.
2. Power of the Government entry to search
for minerals, etc.
3. Compensation
for damage by entry.
4. Demarcation
of boundaries.
5. Arbitration.
[1]THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912
(Punjab Act V of 1912)
[21
June 1912]
An Act to make better
provision for the Colonization and Administration of Government Lands in the
Punjab
WHEREAS it is expedient to
make better provision for the colonization and administration of Government
lands in the Punjab;
It is hereby enacted as follows:-
1. Title and local extent.— (1) This Act may be called
the Colonization of Government Lands (Punjab) Act, 1912.
(2) [2][It extends to the whole of
the Province of [3][the Punjab] except the
Tribal Areas].
2. Repeal.— The Government Tenants
(Punjab) Act, 1893 is hereby repealed.
3. Definitions.— In this Act, unless there
is something repugnant in the subject or context,—
“Collector” means the
Collector of the district as described in [4][West Pakistan Land Revenue
Act 1967[5]] and includes (1) any
officer appointed by the [6][Board of Revenue] to
perform all or any of the functions and exercise all or any of the powers of
the Collector under this Act, and
(2) any Colonization Officer or Assistant
Colonization Officer appointed as such before the commencement of this Act,
whether or
not such officer was by notification appointed to perform all or any
of the functions of a Deputy Commissioner under the Act hereby
repealed.
[7][“Executive District Officer
(Revenue)”] includes any officer appointed by the [8][Board of Revenue] to
perform all or any of the functions and exercise all or any of the powers of a [9][Executive District Officer
(Revenue)] under this Act.
“Colony”
means any area to which this Act shall be applied by order of the
[10][Provincial
Government] and, unless the
[11][Provincial
Government] otherwise directs any area to which the Government Tenants (Punjab)
Act, 1893, has been applied.
“Prescribed” means
sanctioned by [12][Board of Revenue] under
this Act or under the Act hereby repealed.
[13][“Improvement” means, with
reference to a tenancy, any work which is suitable to the tenancy and
consistent with the conditions on
which it is held, by which the value of the
tenancy has been and continues to be increased, and which, if not executed on
the tenancy,
is either executed directly for its benefit, or is, after
execution, made directly beneficial to it:
Explanation I— It includes among other things—
(a) the construction of wells and other works for
the storage or supply of water for agricultural purposes;
(b) the construction of works for drainage and
for protection against floods;
(c) the planting of trees, the reclaiming,
enclosing, levelling and terracing of land for agricultural purposes and other
works of a like
nature;
(d) the erection of buildings required for the
more convenient or profitable cultivation of a tenancy; and
(e) the renewal or
reconstruction of any of the foregoing works, or such alterations therein, or
additions thereto, as are not of the
nature of mere repairs and as durably
increase their value;
But it does not include
such clearances, embankments, levellings, enclosures, temporary wells and
water-channels as are made by tenants
in the ordinary course of cultivation and
without any special expenditure, or any other benefit accruing to land from the
ordinary
operations of husbandry;
Explanation II— A work which benefits several tenancies may be deemed to be, with
respect to each of them, an improvement.
Explanation III— A work executed by a tenant is not an improvement if it
substantially diminishes the value of any other part of his landlord’s
property].
“Tenant” means any person
holding land in a colony as a tenant of [14][Government], and includes
the predecessors and successors in interest of a tenant.
[15][“Original tenant” means any
male, to whom a tenancy is first allotted by the Collector, and includes the
male transferee of such
a tenant and any male nominated by the Collector in
accordance with the provisions of section 21 to succeed a female, to whom a tenancy
was first allotted.]
CHAPTER I
PRELIMINARY
4. Application of the Act.— This Act shall, unless the [16][Provincial Government]
otherwise directs, apply to land to which the provisions of the Government
Tenants (Punjab) Act 1893[17], have been applied and to
any other land to which the [18][Provincial Government] may
by notification in the Official Gazette apply it and which at the time of the
notification was the [19][property of the [20][Provincial Government]]:
Provided that [21][unless the [22][Provincial Government] by
general or special order otherwise directs] nothing in sections 20, 21, 22 and
23, or in the proviso to
section 14, of this Act shall, [23][* * *] apply to tenancies
specified in Schedule I of this Act, or to any class of tenancies created
hereafter which the [24][Provincial Government] may
declare to be scheduled tenancies under this section.
5. Power to withdraw a colony
from the operation of the Act.— The [25][Provincial Government] may,
at any time by notification in the Official Gazette, withdraw a colony or any
part of a colony from the
operation of all or any of the provisions of this
Act.
[26][6. Applicability of tenancy
laws.—
Except as provided in section 7, the Punjab Tenancy Act, 1887[27], or any other law relating
to tenancy for the time being in force in any part of the [28][Punjab] shall not be
applicable to tenancies under this Act.]
[29][7. Applicability of the Punjab
Land Revenue Act and Punjab Tenancy Act.— (1) Subject to the provisions of this Act,
the [30][Punjab] Land Revenue Act,
1967[31], Chapter VII of the Punjab
Tenancy Act, 1887[32] or the corresponding
provisions of any other law relating to tenancy for the time being in force in
the area where proceedings under
this Act are to be taken, and the rules
thereunder, shall apply to all proceedings under this Act:
Provided that nothing in the [33][Punjab] Land Revenue Act,
1967, the Punjab Tenancy Act, 1887, or any other law relating to tenancy for
the time being in force in
the [34][Punjab] shall be so
construed as to vary or invalidate any condition entered in any statement of
conditions issued by the Provincial
Government.
(2) Nothing
in section 6 shall affect the application of the Punjab Tenancy Act, 1887[35], or any other law relating
to tenancy for the time being in force, to any matter or dispute arising
between Government tenants and
their sub-tenants to which Government is not a
party].
8. [36][* * * * * * * * * * * * *]
9. [37][* * * * * * * * * * * * *]
CHAPTER II
PROVISIONS RELATING TO
TENANTS
10. Issue of statements of conditions of tenancies.— (1) The [38][Board of Revenue subject to
the general approval of the Government] may grant land in a colony to any
person on such conditions as
it thinks fit.
(2) The
[39][Provincial Government] may
issue a statement or statements of the conditions on which it is willing to
grant land in a colony to
tenants.
(3) Where
such statements of conditions have been issued, the Collector may, subject to
the control of the [40][Board of Revenue], allot
land to any person, to be held subject to such statement or conditions issued
under sub-section (2) of this
section, as the Collector may by written order
declare to be applicable to the case.
(4) No
person shall be deemed to be a tenant or to have any right or title in the land
allotted to him until such a written order has
been passed and he has taken
possession of the land with the permission of the Collector. After possession
has been so taken, the
grant shall be held subject to the conditions declared
applicable thereto.
11. Legal effect of statements of conditions.—
Subject to the provisions of this Act, the grant of any tenancy in accordance
with any statements of conditions which have been or
may hereafter be issued by
the
[41][Provincial
Government] under the Government Tenants (Punjab) Act, 1893[42], or
under this Act shall be deemed to be transfer of a land within the meaning of
the Crown Grants Act, 1895, and shall be governed
by the provisions of the said
Act.
12. Temporary absence.— Any condition included in any statement of
conditions which imposes an obligation of residence shall not be deemed to have
been infringed
by reason only of the temporary absence of a tenant who has
established a permanent residence in the estate in which his holding
is
situated.
13. Entries in record of rights or in annual
record to be equivalent to entries in register issued under Act III of 1893.— Where
in any statement of conditions issued before the commencement of this Act
reference is made to any register prescribed under
the Government Tenants
(Punjab) Act, 1893[43], then
the record-of-rights or the annual record shall, so far as may be, be deemed to
be such a register.
14. Position of tenants holding hitherto under Act III of 1893.— Any person who at any time
before the commencement of this Act was a tenant from [44][Government] of land to
which the Government Tenants (Punjab) Act, 1893[45], applied and for which a
statement of conditions was issued under that Act, shall, notwithstanding any
previous agreement or anything
contained in the Punjab Tenancy Act, 1887[46], or any other enactment now
in force, be deemed to have accepted and to hold the lands of which he is a
tenant in accordance with
such statement of conditions:
Provided that unless such tenant [47][not being a Muslim] shall,
by deed executed and registered within twelve months from the date on which
this Act comes into force,
declare that the succession to his tenancy shall be
in accordance with the statement of conditions applicable thereto, the
succession
to his tenancy shall be regulated by the provisions of sections 20,
21, 22, and 23 of this Act.
15. Purchaser to be tenant pending payment in full of purchase money.— A purchaser from [48][Government] of land who has
been placed in possession of the land by order of the Collector shall be deemed
to be a tenant of such
land until the full amount of the purchase money with
any interest due thereon has been paid and the other conditions set forth in
the statement of the conditions of sale issued by the Collector have been
fulfilled.
16. False information by a tenant.— If any
person who after the commencement of this Act has been put in possession of
land in a colony as a tenant shall have given
false information intending or
having reason to believe that any
[49][Servant
of the State] may be thereby deceived regarding his qualifications to become a
tenant, he shall be deemed to have committed
a breach of the conditions of his
tenancy:
[50][* * * * * * * * * * * * *]
17. Exchange.— Subject to any orders that he may receive from the [51][Executive District Officer
(Revenue)], the Collector may allow any tenant to exchange the whole or any
part of his tenancy for other
land in the colony, and the land so taken in
exchange shall, in the absence of any special condition to the contrary
recorded in
writing by the Collector, be deemed to be held on the same
conditions and subject to the same obligations as the surrendered land
was
held.
18. Rights of tenant not to be attached or sold.— None of the rights or
interests vested in a tenant from Government of land to which this Act applies
shall be attached or sold in
execution of a decree or order of any court or in
any insolvency proceedings.
19. Transfers of rights to be void.— Except
as provided in section 17, none of the rights or interests vested in a tenant
by or under the Government Tenants (Punjab)
Act, 1893[52], or
this Act, shall, without the consent in writing of the
[53][Executive
District Officer (Revenue)], or of such officer as he may by written order
empower in this behalf, be transferred or charged
by any sale exchange, gift,
will, mortgage or other private contract, other than a sub-lease for not more
than one year in the case
of a tenant who has not acquired a right of
occupancy, and seven years in the case of a tenant who has acquired a right of
occupancy.
Any such transfer or charge made without such consent in writing
shall be void, and if (after the commencement of this Act) the transferee
has
obtained possession, he shall be ejected under the orders of the Collector:
Provided that the right of sub-letting conferred by this
section shall not release any tenant from a condition requiring him to reside
in the state in which his tenancy is situated.
[54][19-A. Succession to the
tenancy.—
When after the coming into force of the Colonization of Government Lands
(Punjab) (Amendment) Act, 1951, any Muslim tenant dies,
succession to the tenancy
shall devolve on his heirs in accordance with the Muslim Personal Law
(Shariat), and nothing contained
in sections 20 to 23 of this Act shall be
applicable to his case:
Provided that when the tenancy rights are
held by a female as a limited owner under this Act, succession shall open out
on the termination
of her limited interest to all persons who would have been
entitled to inherit the property at the time of the death of the last
full
owner had the Muslim Personal Law (Shariat) been applicable at the time of such
death, and in the event of the death of any
of such persons before the
termination of the limited interest mentioned above, succession shall devolve
on his heirs and successors
existing at the time of the termination of the
limited interest of the female as if the aforesaid such person had died at the
termination
of the limited interest of the female and had been governed by the
Muslim Personal Law (Shariat):
Provided further that the share, which the female limited owner
would have inherited had the Muslim Personal Law (Shariat) been applicable
at
the time of the death of the last full owner shall devolve on her if she loses
her limited interest in the property on account
of her marriage or remarriage
and on her heirs under the Muslim Personal Law (Shariat) if her limited
interest terminates because
of her death].
[55][20. Succession to tenants
acquiring otherwise than by succession.— Subject to the proviso to section 14, when after
the commencement of this Act, any original tenant dies the succession to the
tenancy
shall devolve in the following order upon—
(a) the male lineal descendants of the tenant in the male line of
descent. (The term ‘lineal descendants’ shall include an adopted son
whose
adoption has been ratified by a registered deed);
(b) the widow of the tenant until she dies, or
remarries or loses her rights under the provisions of this Act;
(c) the unmarried daughters of the tenant until
they die or marry, or use their rights under the provisions of this Act;
(d) the successor or successors nominated by the
tenant by registered deed from among the following persons, that is to say, his
mother,
[56][his pre-deceased son’s
widow, his pre-deceased grandsons’s widow], his married daughter, his
daughter’s son, his sister, his sister’s
son, and the male agnate members of
his family; and
(e) the successor or successors nominated by the
Collector from among the persons enumerated in clause (d) of this Section.
[57][21. Succession to tenants
acquiring by succession.— When, after the commencement of this Act any male tenant, who is not
an original tenant, dies, or any female tenant dies, marries
or re-marries, the
succession to the tenancy shall devolve—
(a) in the case of a female, to whom the tenancy has been first allotted, on the successor nominated by the Collector from the issue of such female tenant, or from the male agnates of the person, on account of whose services the tenancy was allotted to her;
(b) in all other
cases, on the person or persons, who would succeed if the tenancy were
agricultural land acquired by the original tenant.
22. Acquisition of ownership not to affect nomination of heir.— When a tenant has nominated
a successor to his tenancy under section 20 (d) and subsequently acquires a
right of ownership in the
tenancy, the right of succession of the persons so
nominated shall, unless the deed of nomination expressly provides to the
contrary,
be unaffected by such acquisition of ownership.
23. Revocation of nomination.— When a tenant has, under section 20 (d) of this
Act, nominated a successor, he may at any time, whether before or after
acquiring
ownership, revoke such nomination, but not otherwise than by
registered deed.
24. Power of imposing penalties for breaches of conditions.— When the Collector is
satisfied that tenant in possession of land has committed a breach of the
conditions of his tenancy, he may,
after giving the tenant an opportunity to
appear and state his objections—
(a) impose on the tenant a penalty not exceeding [58][ten thousand rupees]; or
(b) order the resumption of the tenancy:
Provided that if the breach is capable of
rectification, the Collector shall not impose any penalty or order the
resumption of the
tenancy unless he has issued a written notice requiring the
tenant to rectify the breach within a reasonable time, not being less
than one
month, to be stated in the notice and the tenant has failed to comply with such
notice.
25. Power of re-entry and provisions as to
compensation in certain cases.— Where an order resuming the
tenancy has been passed under the last preceding section, the Collector may
forthwith re-enter upon the
land and resume possession of it, subject to the
payment of compensation, to be fixed by the Collector, for uncut and ungathered
crops and for the improvements, if any, that may have been made by the tenant:
Provided that if the tenancy be allotted to any other person,
the amount of the compensation, if any, paid to the out-going tenant
shall be
recoverable by the Collector from the incoming tenant.
26. Provisions for re-entry on and compensation for buildings on sites
allotted for residential purposes.— In any case where a tenant has been allotted a site
for residential purposes in consideration of his tenancy, and such tenancy has
been resumed under the provisions of sections 24 and 25 of this Act, the
Collector may re-enter and take possession of such site:
Provided that the Collector shall fix and pay to the said
tenant reasonable compensation for, or permit him to remove, any buildings
or
improvements made by him on such site.
27. Saving of certain tenancies and conditions.— (1) Nothing in sections 24,
25 or 26 shall apply to—
(a) the case of
land irrigated by the Rakh and Mia Ali Branches of the Chenab Canal allotted
before the twelfth day of August 1896, or
(b) any breach of a
condition regarding arboriculture included in any statement of conditions other
than a statement pertaining to tree-planting
tenants, [59][or]
[60][(c) any tenancy scheduled under the proviso to section 4, except to
such extent as may be specified in the statement of conditions applicable
to
such tenancy].
[61][(2) * * * * * * * * * * * *]
28. Sums due to
[62][Government] to be recoverable as arrears of land
revenue.— All sums due to
[63][Government]
in respect of a tenancy granted in pursuance of the Government Tenants (Punjab)
Act, 1893[64], or
under the provisions of this Act or of the rules and conditions issued
thereunder, and all sums due on account of fines, confiscations,
costs and
penalties, shall be recoverable as if they were arrears of land revenue.
29. Power to abrogate conditions.— The
[65][Board
of Revenue subject to the general approval of the Government] may, at any time
by notification in the Official Gazette, abrogate
any of the limitations and
obligations imposed upon tenants as part of the conditions of their tenure.
CHAPTER III
PROVISIONS RELATING TO
PROPRIETORS
30. Acquisition of proprietary right.—
[66][(1)]
Notwithstanding anything entered in any statement of conditions issued under
the Government Tenants (Punjab) Act, 1893[67], a
tenant who, either in pursuance of any such condition or otherwise by
agreements with, or under rules issued by the
[68][Provincial
Government], has acquired proprietary right in any land included in his tenancy
shall in respect of such land cease to
be subject to any statement of
conditions issued under the above-mentioned Act; provided always that he shall
in respect of such
land be bound by the conditions set out in Schedule II of
this Act and be bound by the other provisions of this Act applicable to
proprietors of land.
[69][(2) If, at any time, the Board of Revenue is satisfied that any
person had acquired under this Act tenancy rights in respect of any land
by
means of fraud or misrepresentation or was not eligible to have such rights for
any reason whatsoever then notwithstanding the
acquisition of proprietary
rights by such person in such land or the terms and conditions of any agreement
with or rules issued by
the Provincial Government and without prejudice to any
other liability or penalty to which such person may be liable under any law
for
the time being in force, the Board of Revenue may, after giving such person a
reasonable opportunity of showing cause pass an
order resuming the land in
respect of which proprietary rights have been acquired or reduce the area of such
land or pass such order
as it may deem fit].
[70][30-A. Rights of alienation in
respect of and rule of succession to certain proprietary rights acquired by a
female.—
(1) Notwithstanding any custom and the provisions of any law to the contrary,
when after the commencement of the Colonization of
Government Lands (Punjab)
(Amendment) Act, 1944, proprietary rights in any land are acquired by a female
tenant, her rights of alienation
of any such land shall be the same—
(a) if she succeeded to the tenancy directly or
indirectly from a male tenant, as if the proprietary rights had been acquired
by the last
male tenant, and she had succeeded to such rights as his heir; and
(b) if the tenancy was first allotted on account
of some male person, either to her, or to another female to whom she succeeded
either
directly or in a continuous line of female succession, as if the
proprietary rights had been acquired by such male persons and she
had succeeded
to such rights as his heir,
and in
cases falling under clause (a) or clause (b) in the event of such female
proprietor dying while in possession of the proprietary
rights in question, the
said rights shall devolve upon the persons who would be entitled to succeed, if
such rights had been acquired
by the last male tenant, or the male person on
whose account the tenancy was first allotted as the case may be.
(2) Nothing
herein contained shall be construed to alter the law of succession applicable
to any female tenant, in respect of proprietary
rights in land acquired by her,
if the tenancy in such land was acquired by or accrued to her in circumstances
other than those specified
in sub-section (1).
(3) For the purposes of
this section the expression “any such land” shall be deemed to include any land
obtained in exchange for part
or all of the land in which proprietary rights
have been acquired].
CHAPTER IV
SUPPLEMENTARY PROVISIONS
31. Mares, camels or their progeny maintained under prescribed
conditions not to be attached or sold.— No mare or camel or other animal maintained in
accordance with any prescribed statement of conditions and no progeny, if less
than
eighteen months old, of any mare or camel so maintained, shall be liable
to attachment or sale in execution of any decree.
32. Power of re-entry in case of squatters and trespassers.— When the Collector is
satisfied that any person has taken or is in possession of land in a colony to
which he has no right or title,
the Collector may, in addition to any other
powers he may possess, forthwith re-enter upon the land and resume possession
of it and
take possession of all crops,
trees and buildings thereon on behalf of [71][Government] without payment
of any compensation whatsoever.
33. Penalties.— If any person, without permission of a Revenue Officer of a grade to
be specified by the [72][Board of Revenue]—
(a) clears or breaks up for cultivation, or
cultivates any land which is owned by, or is in the possession of [73][Government] and is not
included in any tenancy or allotted residential enclosure or which has been
entered for the common purposes
of a town or village community or section of
the same or for a road, canal or water-course; or
(b) erects any building on any such land; or
(c) fells or otherwise destroys standing trees on
such land; or
(d) otherwise encroaches on any such land; or
(e) makes an excavation or constructs a water
channel on any such land;
he shall, on compliant made
by order of or under authority from the Collector, be punished on conviction by
any Magistrate with a
fine not exceeding [74][two hundred thousand rupees
or with rigorous imprisonment not exceeding six months or with both].
Explanation—
The felling of trees planted by an owner or tenant on any village road
or water-course traversing his holding is not an offence under
this section.
34. Additional powers of Collector in regard to
offences.— When the Collector is satisfied that an act punishable
under section 33 has been committed, he may in lieu of proceeding against
the
offender under that section or after conviction of the offender under that section—
(i) in the case of an
offence under section 33 (a), confiscate the crops growing on any land
cultivated in contravention of this Act or,
if the crops have been cut, recover
such sums as he may assess as the value thereof from the offender;
(ii) in the case of an offence under section 33 (c), recover such sum as he may assess as the value of the trees or tree destroyed;
(iii) in
the case of an offence under section 33 (b), (d) or (e), cause the building or
other encroachment to be demolished or removed or
the excavation or channels to
be filled up, and levy the costs of so doing from the person responsible for
such act.
35. Power to levy a cess for administration of common village
expenses.—
(1) If in any estate the majority of the tenants and owners of the estate shall
apply for the levy of a cess for village purposes,
the Collector may order the
payment of such a cess from the proprietors, tenants and inhabitants of the
village in such way and at
such rates as he holds to be suitable.
[75][(2) Any cess leviable in any estate under this section shall be
recoverable as arrears of land revenue].
36. Jurisdiction of Civil Court barred as regards
matter arising under the Act.— A Civil Court shall not have
jurisdiction in any matter of which the Collector is empowered by this Act to
dispose and shall not
take cognizance of the manner in which the
[76][Provincial
Government],
[77][Board
of Revenue] or Collector or any other Revenue Officer exercises any power
vested in it or in him by or under this
Act.
37. Public servants indemnified for acts done under this Act.— No suit shall lie against
any public servant for anything done by him in good faith under this Act.
38. Legalization of orders passed previous to the Act.— (1) Any act hitherto done
or order passed by the [78][Provincial Government] or
by an officer holding the post of Colonization Officer, Assistant Colonization
Officer or Settlement Commissioner,
or exercising the powers of an Assistant
Collector or of a Revenue Officer of higher class within any area to which the
Government
Tenants (Punjab) Act, 1893[79], has been applied or to
which this Act may hereafter be applied, which is not contrary to the
provisions of this Act, shall be deemed
to have been done or passed under this Act.
(2) In particular and without prejudice to the generality of the foregoing sub-section, no right of occupancy or right of ownership and no condition applicable thereto shall be invalidated by reasons of—
(i) the right having been granted before the particulars regarding it
have been entered in a prescribed register; or
(ii) the
prescribed register not having been signed by the tenant; or
(iii) the
prescribed statement of conditions having been affixed to the prescribed
register instead of being prefixed thereto:
Provided that if the register has not been signed by the tenant, the statement of conditions applicable to the tenancy shall be deemed to be that which was in force for tenancies of the same description at the time when the land was allotted.
SCHEDULE I
LIST OF
EXCEPTED TENANCIES
REFERRED TO IN SECTION 4
A.— In the Lower Chenab
Colony the tenancies of tenants holding the conditions applicable to—
(1) Camel-owning tenants.
(2) Camel-owning Chaudhries.
(3) Village headmen, ordinary.
(4) Village headmen, mule-breeding.
(5) Tree-planting tenants.
(6) Village menials.
B.— In the Lower Jhelum
Colony the tenancies of tenants holding on the conditions applicable to—
(1) Horse-breeding tenants.
(2) Horse-breeding nazrana-paying tenants.
(3) Village headmen.
(4) Tree-planting tenants.
(5) Village menials.
C.— In the Lower Sohag
Para Colony the tenancies of tenants holding on the conditions applicable to—
Village headmen.
SCHEDULE II
(REFERRED TO
IN SECTION 30)
Conditions applicable to
grantees who acquire proprietary right
1. Exceptions
of channels, rights to minerals, etc.— The
[80][Government]
does not grant to grantee but hereby absolutely excepts and reserves to itself
out of and in respect of the said lands
(1) all grounds situate in the said
lands or any part thereof already marked out, excavated or otherwise utilized
for the distributary
channels, and (2) all existing rights to and over all
mines and minerals, coals, gold-washing, earth-oil and quarries in or under
the
said lands or any part thereof, together with all easements heretofore enjoyed
by the
[81][Government]
in respect of the said lands or any part thereof. And it likewise excepts and
reserves the right of the public to use
existing thoroughfares traversing the
said lands or any part thereof including a width of 1½ kadams on either side of survey base line, and also any lines of
road which, though not yet made, have been marked out upon the ground.
2. Power of the Government entry
to search for minerals, etc.— The grantee shall at all times permit the [82][Servant of the State] to
enter and do all acts and things that may be necessary and expedient for the
purpose of searching for, working,
getting or carrying away any such mines and
minerals, coals, gold-washing, earth-oil and quarries, and for the full
enjoyment of
the ground and of the rights here-in-before reserved to the [83][Government] to and over all
mines and coals, gold-washing, earth-oil, quarries and easements in or
minerals, under the said lands
and all parts thereof.
3. Compensation for damage by
entry.— The
Government agrees to pay the grantees compensation for all damage occasioned by
the exercise of the rights reserved to itself
in clauses 1 and 2. Such
compensation shall be assessed by the Collector, and if the grantee is not
satisfied with the finding of
the Collector, he may appeal to the [84][Executive District Officer
(Revenue)].
4. Demarcation of boundaries.— The grantee shall duly
comply with such directions as the Collector shall from time to time issue
requiring him to construct boundary
marks on the limits of the said lands or
any part thereof, and shall keep them when erected in good repairs to the
satisfaction of
the Collector.
5. Arbitration.— In the
event of any dispute arising between the
[85][Provincial
Government] and the grantee as to the property and rights hereby reserved to
[86][Government],
or as to any matter in any way relating thereto, or as to any of the conditions
of the grant, or as to any matter or
thing any wise connected therewith, the
said dispute shall be referred for the opinion of the
[87][Executive
District Officer (Revenue)] whose decision shall be final and conclusive
between the
[88][Provincial
Government] and the grantee.
[1]For statement of objects and
reasons, see Punjab Gazette, 1910,
Part V, page 176; for Report of the Select Committee, see Punjab Gazette, 1911, Part V, page 429, and ibid., 1912, Part V, page 85; for
Proceedings in Council, see ibid.,
1910, Part V, page 188, ibid., 1911,
Part V, page 420, and ibid., Part V,
pages 50 and 135.
[2]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance,
1969 (XXXVI of 1969).
[3]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974).
[4]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance,
1969 (XXXVI of 1969).
[5]Now the Punjab Land Revenue
Act, 1967.
[6]Substituted, for the words
“Financial Commissioner”, by the West Pakistan (Adaptation and Repeal of Laws)
Act, 1957 (XVI of 1957),
section 3, Schedule III.
[7]Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 2001 (XXXII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[8]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the
West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government”
which were previously Substituted, for the words “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.
[9]Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 2001 (XXXII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[10]Substituted, for the words,
“the Crown”, by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Part II.
[11]Ibid.
[12]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the
West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government”
which were previously Substituted, for the words “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.
[13]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance,
1969 (XXXVI of 1969).
[15]Added by section 2 of the
Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920).
[16]Substituted for the words
“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.
[18]Substituted for the words
“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.
[20]Substituted, for the “Crown
for the purposes of the Province”, by West Pakistan Laws (Adaptation) Order
1964, section 2 (I), Schedule
Pt. II.
[22]Substituted for the words
“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.
[23]The words “without the
previous sanction of the Governor-General in Council” omitted by the Devolution
Act, 1929 (XXXVIII of 1929).
[24]Substituted, for the words
“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.
[26]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance,
1969 (XXXVI of 1969).
[28]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West Pakistan”.
[29]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance,
1969 (XXXVI of 1969).
[30]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West Pakistan”.
[33]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West Pakistan”.
[34]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A. O. 1 of 1974), for “West Pakistan”.
[35]XVII of 1887.
[36]Deleted by the Colonization
of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (XXXVI
of 1969).
[37]Ibid.
[38]Substituted by W.P. Act XVI
of 1957, section 3, Schedule III (as amended by W.P. Ordinance XXXI of 1961), for
the words “Provincial
Government” which were previously Substituted, for the
words “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.
[39]Substituted, for the word
“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.
[40]Substituted, for the words
“Financial Commissioner”, by the West Pakistan (Adaptation and Repeal of Laws)
Act, 1957 (XVI of 1957),
section 3, Schedule II.
[41]Substituted, for the word
“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.
[42]III of 1893.
[43]Ibid.
[44]Substituted, for the words
“the Crown” by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule Pt. II.
[45]III of 1893.
[46]XVI of 1887.
[47]Inserted by Colonization of
Government Lands (Punjab) (Amendment) Act, 1951 (III of 1951), section 2.
[48]Substituted, for the words
“the Crown” by West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule Pt. II.
[49]Substituted, for the words
“officers of the Crown”, by West Pakistan Laws (Adaptation) Order, 1964,
section 2 (1) Schedule Pt. II.
[50]Proviso deleted by the
Colonization of Government Lands (Punjab Amendment) Ordinance, 1978 (XII of
1978).
[51]Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 2001 (XXXII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[52]III of 1893.
[53]Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 2001 (XXXII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[54]Added by Colonization of
Government Lands (Punjab) (Amendment) Act, 1951 (III of 1951)
[55]Substituted by the
Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920).
[56]Inserted by the Colonization
of Government Lands (Punjab Amendment) Act, 1941 (XIII of 1941), section 2.
[57]Substituted by the Colonization
of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920), section 4.
[58]Substituted for the words
“five thousand rupees” by the Colonization of Government Lands (Punjab)
(Amendment) Ordinance, 1999 (XLVIII
of 1999), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding
the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[59]Added by the Colonization of
Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 2 (a).
[60]Ibid.
[61]Sub-section (2) omitted by
the Colonization of Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 2 (b).
[62]Substituted, for the word
“Crown”, by West Pakistan Laws (Adaptation) Order, 1964 section 2(I) Schedule
Part II.
[63]Substituted ibid., for the words “the Crown”.
[64]III of 1893.
[65]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the
West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial
Government”,
which were previously substituted, for the words “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.
[66]Section 30 renumbered as
sub-section (1) by the Colonization of Government Lands (Punjab Amendment)
Ordinance, 1978 (XII of 1978).
[67]III of 1893.
[68]Substituted, for the word
“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.
[69]Added by the Colonization of
Government Lands (Punjab Amendment) Ordinance, 1978 (XII of 1978).
[70]Inserted by the Colonization
of Government Lands (Punjab Amendment) Act, 1944 (VI of 1944), section 3.
[71]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Pt. II.
[72]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3,
Schedule III [as amended by the
West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)], for the words “Provincial Government”,
which were previously Substituted, for the words “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.
[73]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1),
Schedule, Pt. II.
[74]Substituted
by the Colonization of Government Lands (Punjab) Act (Amendment) Ordinance,
1983 (II of 1983) for the letters and figures
“Rs.200”. The words “two hundred
thousand rupees” were later substituted for the words “five thousand rupees” by
the Colonization
of Government Lands (Punjab) (Amendment) Ordinance, 1999
(XLVIII of 1999), which
will remain in force under the Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum
limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[75]Substituted by the
Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance,
1969 (XXXVI of 1969).
[76]Substituted, for the words
“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.
[77]Inserted by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3, Schedule
III, as amended by the
West Pakistan (Adaptation and Repeal of Laws)
(Amendment) Ordinance, 1961 (XXXI of 1961)
[78]Substituted, for the words
“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.
[79]III of 1893.
[80]Substituted, for the words
“the Crown”, by West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule Pt. II.
[81]Substituted, for the words
“the Crown”, by West Pakistan Laws (Adaptation) Order 1964, section 2 (1),
Schedule Pt. II.
[82]Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for the words “Officer of the Crown”.
[83]Substituted, for the words
“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.
[84]Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 2001 (XXXII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[85]Substituted, for the words
“the Crown”, by the West Pakistan Laws (Adaptation) Order, 1964.
[86]Substituted ibid., for the words “Officer of the
Crown”.
[87]Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 2001 (XXXII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[88]Substituted, ibid., for the words “the Crown”.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/pk/legis/pj/consol_act/cogla1912407