THE PRISONERS ACT, 1900

THE PRISONERS ACT, 1900

(Act III of 1900) CONTENTS
PART 1
PRELIMINARY

SECTIONS
1.   Short title and extent.

2.   Definitions.
PART II

GENERAL

3.  Officers in charge of prisons to detain persons duly committed to their custody.

4.  Officers in charge of prisons to return writs, etc.* after ex­ecution or discharge.

PART III   (Prisoners in  Presidency-towns] Omitted.
PART IV

EXECUTION OF SENTENCES.
14. References in this part to prisons, etc., to be construed as re­ferring   also   to   Reformatory   Schools.

15.  Power for officers incharge of prisons to give effect to sen­tences of certain Courts.

16.  Warrant of officer of such Court to be sufficient authority.

17.       Procedure where officer incharge of prison doubts      the legality   of warrant sent to him for   execution under this part.

18. Execution in the Provinces, etc., of -.;retain capital sentence* not ordinarily executable there.

Prisoners                                                          [1900 : Act I11
SECTIONS
PART V-~ [Persons   under sentence of penal servitude]—
Omitted.
PART VI
REMOVAL OF PRISONERS.
28. References in this Part to prisons, etc., to be   construed as   referring  also   to   Reformatory   Schools.
29.  Removal of prisoners.
30.  Lunatic prisoners how to be dealt with.
31.  [Repealed].

PART   VIJ
PERSONS UNDER SENTENCE OF TRANSPORTATION
32.  Appointment of places for confinement of: persons under sentence of transportation and removal thereto.

part viii
discharge of prisoners..
33. Release, on recognizance, by order of High    Court, of prisoner recommended for pardon

PART IX

PROVISIONS FOR REQUIRING THE ATTENDANCE OF
PRISONERS AND OBTAINING THE EVIDENCE

Attendance of prisoners in court

34. References in this Part to prisons,    etc.   to be   construed as referring also to Reformatory  Schools.

35.  Power for Civil Courts to require appearance of prisoner to give evidence.

36.  District Judge in certain cases to countersign orders mads under section 35.

1900: Act III]                                                        Prisoners

SECTIONS

37. Power for certain Criminal Courts to require attendance of prisoner to give evidence or answer to charge.

38. Order to be transmitted through Magistrate of the district or sub-division in which person is confined. ‘

39. Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required.

40. Persons confined beyond limits of appellate jurisdiction of High Court.

41. Prisoner to be brought up.

42. Power to Government to exempt certain prisoners from operation of this Part.

43. Officer in charge of prison when to abstain from carrying out order.

Commissions for   Examination   of Prisoners

44.Commissions  for examination  of prisoners.
45.Commissions for examination of prisoners beyond limits of appellate  jurisdiction of High Court.

46. Commission how to be directed.

Service of Process on Prisoners

47.      Process how  served on  prisoners.
48.      Process served to be transmitted at prisoner’s request. Miscellaneous.
49.       [Omitted].
50.      Deposit of costs.
51.      Power to make rules  under this part.
52.      Power to declare who shall be deemed officer in charge of prison.

Prisoners                                                         [1900: Act III

53.       [Repealed].

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE- (Repealed).

1PRISONERS ACT, 1900
(Act III of 1900)
[2nd February, 1900}

An Act to consolidate the law relating to Prisoners confined by
order of a Court
WHEREAS it is expedient to consolidate the law relating to prisoners confined by order of a Court;

It is hereby enacted as follows :—
PART   1
PRELIMINARY

2(2) It extends to the whole of Pakistan].

3[(3)   *   *       *          *          *          *          *}

2.   In this Act., unless there is anything repugnant in the  subject or   context,

(a) “Court” includes a Coroner and any officer  lawfully ex­ercising civil, criminal or revenue Jurisdiction ; and

(b) “prison” includes any place which has been declared by the •'[Provincial Government], by general or special order,      ;’ to be, a subsidiary jail.

and Declaration) Act, 19S1 (XXVI of 1951).
3.      Sub-section (3) rep, by Aci X ofl914, s. 3 aad Scn-II
4.      Subs, by A. O., 1937, for “Local
Prisoners                                                                                 1900 : Act    IIF

PART–HI— [prisoners in Tire residency-town.]
Omitted by A.O.,1949, Sch.
FART—IV.
1(execution of sentences]

215.    [Power of officers in charge of prisons to give effect t<> sentences of certain Courts:–
Officers in charge of prisons may give effect to any sentence or order or warrant for the detention of any person passed or issued by any Court or tribunal, whether within or without Pakistan, es­tablished by law.

1900 : Act IE]                                   Prisoners                                     
affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the ‘[Provincial Government], by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order –

18.     (1) Where a -[Court established by the authority of the 5[Federal Government] exercising, in or with respect to territory be- yond the limits of 4[the Pakistan] 5[ * * * ], jurisdiction which 6[the 7[Government] has in such territory,-—     I
(a}   has sentenced any parson to death, and.

(b)   being of opinion that such sentence should, by reason of there being in such territory no secure place for the confinement of such person or no suitable appliances for his execution in a decent and humane manner, be executed in 4[Pakistan] s[* * * ], has issued its warrant for the execution of such sentence to the officer incharge of a prison in 4[Pakistan 5[* * * ],

such officer shall, on receipt of the warrant, cause the execution to be carried out at such place as may be prescribed therein in the same manner and subject to the same conditions in all respects as if it were a warrant duly issued under the provisions of section 381 of the Code of Criminal Procedure, 1898.

“(2) The prisons of which the officers incharge are to execute sentences under any such warrants as aforesaid 8[shall in each Province be such as the Provincial Government] may, by general or special order, direct.

the G.G. in C. in behalf”.

Prisoners                        [1900 : Ac! Ill

(3) A Court shall be l[deemed, for the purposes of this section, to be a Court established by the 2Federal Government] if the presiding Judge, or if the Court consists of two or more Judges, at least one of the Judges, is an officer of the 3[Government] authorized to act as such Judge by 4[X X X] the Federal Government]:

Provided that every warrant issued under this sub-section by any such tribunal shall, if the tribunal consists of more than one Judge, be signed by a Judge who is an officer of the 3[Government] authorized as aforesaid.
PART-V— persons under sentence of penal servitude].
Omitted by the Criminal Law (Extinction of Discriminatory Privile­ges Act, S949 (II of 1950), Schedule.
PART—VI
removal of prisoners

(a)   under sentence of death, or

(b)   under, or in lieu of, a sentence of imprisonment 7[* * *] or

(c)   in default of payment of a fine, or

1900 : Act 111]                                                                      Prisoner?

(d) in default of giving security for keeping the   peace or for maintaining good behaviour.

to any other prison in 1[the Province, or, which the consent of the Provincial Government concerned, to any prison in 2[the other Province], 3[or, with the consent of the 4[Federal Government] to any prison maintained 5[by it for under its authority] in any part of 6[Pakistan]

7(2) Subject to the orders, and under the control of the Prov­incial Government the [Inspector-General of Prisons] may in the like manner provide for the removal of any prisoner confined as aforesaid in a prison situate in the area for which he is appointed ro any of the prison in such area.

9[(3)4The Central Government may, by general or special order, provide for the removal of any prisoner or class of prisoners confin­ed in any prison to any other prison in Pakistan maintained by or under the authority of the [Federal] Government or of a Provincial Government with the consent to[ * * * ] of the Provincial Government concerned.]

Prisoners                                [1900 : Act III

1[Provincial Government] directs during the remainder of the term of which he has been ordered or sentenced to be detained or imprison­ed, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law.

(2) Where it appears to the 1 [Provincial Government] that the prisoner has become of sound mind, the Provincial Government] shall, by a warrant directed to the person having charge of the prison­er, if still liable to be kept in custody, remand him to the prison from which he was removed, or to another prison within the Province, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged.

(3) The provisions of section 2[31 of Lunacy Act, 1912 (IV of 1912}] shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ord­ered or sentenced to be detained or imprisoned; and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall be reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to under go.

3[(4) In any case in which the ‘[Provincial Government] is competent under sub-section (1) to order the removal of a prisoner to a lunatic asylum or other place of safe custody within the Province, the i [Provincial Government] may order his removal to any such asylum or place within 4[the other Province] 5[ * * * * ‘ *• * :r] by agreement with the 6[Provincial Government] of such other Pro­vince 5[* * * *]as the case may be; and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed under sub-section (1) shall, so far as they can be made applicable, apply to a prisoner removed under this sub-section.]

31. [Removal of prisoners from territories under one Local Government to territories tinder another} Rep. by the Amending Act, 1903 (I of 1903), s. 4 and Sch. Iff.
7[PART VII]

7.      Part VII Containing section 32 omitted by ord. No. XXVII of 1981]
1900 Act:- III                                                             Prisoners.

PART    VII]
discharge of   prisoners

PART—IX
provisions for requiring the attendance of prisoners and
obtaining their evidence
Attendance of Prisoners in Court

(a) in a Court subordinate to the District Judge, or
(b) in a Court of Small Causes 3[ * * * ]

                                                                        Prisoners.                              [1900 Act:- III
it shall not be forwarded to the officer to whom it is directed,  or acted upon by him, until it has been submitted to, and countersigned by,—
it shall not be forwarded to the officer to whom it is directed,  or acted upon by him, until it has been submitted to, and countersigned by,—
(i) the District Judge to which the   Court is   subordinate, or
(ii) the District Judge within the local limits of whose jurisdic­tion the Court of Small Causes is situate.
(2) Every order submitted to the District Judge under sub­section (1) shall be accompanied by a statement, under the hand of the Judge of the subordinate Court or Court of Small Causes, as the case may be, of the facts which in his opinion render the order necessary, and the District Judge may, after considering such statement, decline to countersign the order.

Provided that if such Criminal Court is inferior to the Court of a Magistrate of the first class, the ordeishall be submitted to, and countersigned by, the J [Session Judge] to whose Court such Criminal Court is subordinate or within the local limits of whose jurisdiction such Criminal Court is situated.

1900 Act:- 111]                                                                                  Prisoners.

under this Part for the purpose of giving evidence in such Court, and ii the prison is within the local limits of the appellate jurisdiction of the High Court to Mch such Court is subordinate, apply in writing to the High Court, and the High Court may, if it thinks fit, make an order in the form set forth in the first schedule, directed to the officer incharge of the prison.

(2) The High Court making an order under sub-section (1) shall send it to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person named therein is confined, i[* * *] and such Magistrate 2[**] shall cause it to be deliver­ed to the officer in charge of the prison in which the person is confined.

Prisoners.                                                                                                                              ,1900 Act:- III

(a)   where the person named in any order made under section 35. section 37 or section 39 appears to be, from sickness or other infirmity, unfit to be removed, the officer incharge of the prison in which he is confined, shall apply-to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the prison is situate, and if such Magistrate, by writing under his hand, declares himself to be of opinion that the person named in the order is, from sickness or other infirmity, unfit to be removed; or

(b)   where the person named in any such order is under committal for trial ; or

(c)   where the person named in any such order is under a re­mand pending trial or pending a preliminary investigation;
or

(d)   where the person named in any such order is in custody for a period which would expire before the expiration of the time required for removing him under this Part and for taking him back to the prison in whion this confined ;

the officer incharge of the prison shall abstain from carrying out the order, and shall send to the Court from which the order has been issued a statement of the reason for so abstaining.

1900 Act:- III]                                         Prisoners.                              

Provided that such officer us   aforesaid shall   not so abstai; where—
(i) the order has been made under section 37; and

(ii) the person named in the order is confined under committal for trial, or under a remand pending trial or pending a pre liminary investigation, and does not appear to be, from sickness or other infirmity unfit to be removed: and

(iii) the place, where the evidence of the person named in the order is required, is not more than five miles distant from the prison in which he is confined.

(a)   where it appears to any Civil Court that the evidence of person confined in any prison within the local limits the appellate jurisdiction of such Court, if it is a High Court, or if it is not a High Court, then within the local limits of the appellate jurisdiction of the High Court which it is subordinate, who, for any of the causes mention-

(b)where it appears to any such Court as aforesaid that the evidence of a person confined in any prison so situate and more than ten miles distant from the place at which such Court is held, is material in any such matter : or

(c) where the District Judge declines, under section 36,’-to countersign an order for removal;

the Court may, if it thinks fit, issue a commission, under the provisions of the ![Code of Civil Procedurcl908,(V of 1908)] for the examination of the person in the prison in which he is confined.

Prisoners.                      [1900 Act:- 1TI
46. Every commission for the examination of a person issued under section 44 or section 45 shall be directed to the District Judge within the local limits of whose jurisdiction the prison in which the person is confined is situated, and the District Judge shall commit the
Execution of the commission to the officer incharge of the prison, or to such other person as he may think fit.

Service of process on prisoners.

(2) Such certificate as aforesaid shall be prima facie evidence of the service of the process, and, if the person to whom the process is directed requests that the copy shown and explained to him be sent to any other person and provides the cost of sending it by post, the officer incharge of the prison shall cause it to be so sent.
Miscellaneous
49.    [Application  of   Pan  in certain   cases].    Omitted by A. O.. 1949, Schedule.

Provided that, if upon ‘any application for such order it appears / “to the Court to which the application is made, that the applicant has not sufficient means to meet the said costs and charges, the Court may pay the same out of any fund applicable to the contingent expenses of such Court, and every sum so expended may be recovered by the ‘[Provincial Government] from any person ordered by the Court to pay the same, as if it were costs in a suit recoverable under the 2[Code of Civil Procedure. 1908 (Act V of 1908).

2.   Subs. by Ord ^o. XXVII of 1982.
1900 Act:- III!                                                                        Prisoner

(a)   for regulating the escort of prisoners to and from Courts in which their attendance is required and for their custody during the period of such attendance;
(b)   for regulating the amount to be allowed for the costs and charges of such escort; and
(c)   for the guidance of officers in all other matters connected with the enforcement of this Part.
(2) All rules made under sub-section (1) shall be published in the 3[official Gazette] 4[ ***] and shall, from the date of such publication, have- the same force” as if enacted by this Act.

53.    [Repeals].    Rep by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and Schedule II.
THE FIRST SCHEDULE
(See sections 35 and 37)

Court of
To the officer incharge of                                    (State name of Prison],
You   are hereby required to produce …….   . . . ., now a prisoner in ……….
under safe and sure conduct before the Court of       at            on

the       day of                        next by                         of the              clock
in the forenoon of the same day, there to give evidence in a mutter now pending before the said Court, and after the said has then and there given his evidence before the said Court or the said Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the prison.

The                                          day of                                                  A. B.

(Countersigned) C. D.

1.      Subs,  by A. O., for “local Government”
2.      The words, ” and in cases arising under section 40, the G. O. in C”. rep.  ibid.

3.      Subs, ibid, for “Local official Gazette”.
4.      The words, “or the Gazette of India, as the case way be”, rep.   &U.

Prisoners.                                                         1900 Act: III

THE SECOND SCHEDULE

(See – section 37)

Court of
To the officer incharge of the                                                 (State name of Prison.)
You are hereby required to produce                           now a Prisoner in
Under safe and sure conduct before the Court of                  at                     on
The                                                      day of                          next by                                    of the
Clock in the forenoon of the same day, there to answer a charge now pending before the said Court, and after such charge has been disposed of or the said Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
The                                          day of
A. B.
(Countersigned) C.D.

[THE THIRD SCHEDULE]. Rep. by the Repealing and Amending
Act, 1914 (X of 1914), s. 3 and Schedule II

THE PUNJAB ALIENATION OF LAND ACT, 1900.
[ACT NO. XIII OF 1900].
CONTENTS.
PREAMBLE
SECTIONS
Preliminary

1.   Short title, extent and commencement.
2.   Definitions.
2.-A. Application of Act to sections 53 and 54, Act XVI, of 1887. Permanent Alienation of Land
3.    Sanction of Deputy Commissioner reared to certain permanent alienations.
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.
9.    Power to revise mortgage made in form not permitted.
10.  Future mortgage by way of conditional sale not permitted.
H.   Leases and Farms.
12.  Restriction on power to make further temporary alienation.

13.   Ejectment of mortgagee, lessee or farmer remaining in posses­sion after term.

General Provisions.

14.    Effect of permanent alienation made without sanction.

15.  Sanction  of  Deputy    Commissioner     required   to certain alienations of or charges on produce of land.

ALIENATION OF LAND                    1900 Act- XIII
SECTIONS.
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.
,,21-A-    Civil Court to send copy of decree or order to Deputy Commissioner.
Action to be taken by Deputy Commissioner when decree or order passed contrary to Act.
22.       [Repealed]
23.       Exercise of powers of Deputy Commissioner.
24.       Exemption.
25.       Power to make rules.

1900 Act – XIII]     alienation of land                                              399
THE PUNJAB ALIENATION OF LAND ACTr 1900,
1[ACT NO. XIII OF 1900].
[19th October, 1900].
An Act to amend   the Law relating to Agricultural Land in the
2 [North-West Frontier Province].

WHEREAS it is expedient to amend the law relating to agricultural land in the 2[North West Frontier Province]: It is hereby enacted as follows:—

Preliminary
1.   (1) This Act may be called the   3[West Punjab]  Alienation of Land Act,   4[ * * * * ]
5[(2) It extends to “[the -‘Punjab]    and the   “[North-West Frontier   9[ * * *].
(3) It shall come into force on such day as the [Provincial Government] may, by notification in the     I2[Official Gazette] direct:

2.      Subs., for the word “Punjab” see North-West Frontier Province Law and Justice Regu­lation, 1901 (VII of 1901) ss. 6 (1); to be construed as referring to the Districts of Bannu, Dera Ismail Khan,Hazara, Mardan, Kohat and Peshawar, see W. P. Act XVI of 1957, s. 3, Sch-I.
3.      Subs, for the word “Punjab” by G. G. O. 4 of 1949; to be construed as referring to the districts of Campbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Lyallpur, Mianwali, Multan, Muzafargarh, Rawaipindi. Shahpur. Sheikhupura and Sialkot see W. P. Act XVI of 1957, s. 3, Sch. I.
4.      The figure “1900” omitted by G. G. O., 4 of 1949.
5.      Subs, for the word subsection (2) as amended by the A. O.. 1937, by G. G.O. 4 of !94v
6.      Subs, for “West Punjab” by the Federal Law. (Revision and   Declaration) Act, 1951 (XXVI of 1951), Ss. 8.
7.      Now to be construed as referring to the Districts of Carcpbellpur, Dera Ghazi Khan Guiranwala, Gujrat, Jhelum, Jhang. Lahore, Lyallpur, Mianwali, Montgomery, Multan, Muzaffr-. garh,Rawalpindi, Shahpur, Sheikhnpura and Sialkot, see W. P. Act -XVI of-1957, s. 3 and Sch-I.
8.      Now to be construed as referring to the Districts of Bannu, Dera Ismail  Khan  Kohat Hazara, Mardan and Peshawar see W. P. Act XVI of 1957, s. 3 and Sch-I.
9.      The word “Province” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (2.1 of 1960), s. 3 and 2nd Sch. (with effect from 14th October, 1955).
10.    The Act came into force on the 8th June, 1901 see Gazette of India 1901, Pt. I. p. 382.
11.    Subs, for “Governor-Genera! in Council” by the A O., 1937.
12.    Subs, ibid!., for “Gazette of India”.

                               ALIENATION OF LAND                   [1900 Act XHI

1. In this Act, unless there is anything repugnant in the subject,  or context,—

1[*       *          *          *          *          *          *]

(2) all expressions which are defined by section 4 of the 2[Punjab Tenancy Act, 1887], or by section 3 of the 3 [Punjab Land Revenue. Act, 1887], shall, subject to the provisions of this Act, have the mean­ings assigned to them in the said sections respectively; and the ex­pressions “record-of-rights” and “annual record” shall have the meanings assigned to them respectively in Chapter TV of the said last-mentioned Act;

(3) the expression “land” means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes—

(a) the sites of buildings and other structures   on such land;

4[(aa) any right of occupancy acquired under the 2 [Punjab Tenancy Act, 1887], the 5[Hazara Tenancy Regulation, 1887]or6[the Agro Valley Regulation, 1891], as the case may be];

(b)   a share in the profits of an estate or holding;

(c)   any dues or any fixed percentage  of the land revenue pay­able by an inferior land owner to a superior landowner,

(d)   a right to receive rent;

(e)   any right to water enjoyed by the owner or occupier of land as such;   7[ *   *    *   * ]

7.    The word ”and” omitted by North West Frontier Province Act No. V of 1937 s.2 (i).

1900 Act XIII       ALIENATION OK LAND

l[(f) any right of occupancy] ;  2[and]

3[(g) All fruit-bearing trees Standing on  such land].

4[(4)the expression “permanent alienation” includes sales, ex­changes, gifts, wills and grants of occupancy rights:

(5) the expression “usufructuary mortgage” means a mortgage by which the mortgagor delivers possession of the mortgage land to the mortgage and authorizes him to retain such . possession until payment of the mortgage-money, and to receive the rents and profits of the land and to appropriate them in lieu of interest or in payment of the mortgage-money or partly in lieu of inter­est and partly in payment of the mortgage-money: and

(6) the expression “conditional sale” includes any agreement whereby in default of payment of the mortgage-money or interest at a certain time the land will be absolutely transferred to the mortgage.

6.      Repealed in N.W. F P. by the N.W.F.P Tenancy  Act (XXV) of! 950.
ALIENATION OF LAND                      [1900 Act Xfll

1[(b)     *          *          *          *]

(c) the alienor is a member of an agricultural tribe and the alienee is a member of the same tribe or of a tribe in the same group.
1[*        *          *          *          *]

(2) Except in the cases 2provided for sub-section (1), a per­manent alienation of land shall not take effect as such unless and until sanction is given thereto by a Deputy Commissioner:

2(Provided that-

(1)   sanction may be given after the act of alienation is other­wise completed, and
(2)   sanction shall not be necessary in the case of—
(a)   a sale of a right  of occupancy by a  tenant   to his landlord, or
(b)   u gift made in good faith for a religious or charitable purpose, whether inter vivos or by will].

(3) The Deputy Commissioner shall inquire into the circums­tances of the alienation and shall have discretion to grant or refuse the sanction required by sub-section (2).

4. 3[(a)All Muslims ordinarily residing, or holding land, in the 4[North-West Frontier Province] shall be deemed to be members of an Agricultural   tribe and constituting one group for the purposes of this Act.

(b) The Provincial Government may, by notification in the official Gazette, determine what bodies of persons, other than Muslims, in any District or group of Districts, are to be deemed Agricultural tribes or a group of Agricultural tribes for the purposes of this Act.]

1900 Act XIII]                                               ALIENATION OF LAND

Temporary Alienations of Land,

(a)   in the form of a usufructuary mortgage, by which the mortgagor delivers possession of the land to the mortgage and authorizes him to retain such possession and to receive the rents and profits of the land in lieu of interest and towards payment of the principal, on condition that after the expiry of the term agreed on or (if no term is agreed on, or if the term agreed on exceeds twenty years), after the expiry of twenty years, the land shall be redeliver-ed to the mortgagor ; or

(b)   in the form of a mortgage without possession, subject to the condition that, if the mortgagor fails to pay principal and interest according to his contract, the mortgage may apply to the Deputy Commissioner to place him in possession for such term not exceeding twenty years as the Deputy Commissioner may consider to be equitable, the mortgage to be treated as a usufructuary mortgage for the term of the mortgage possession and for such sum as may be due to the mortgage on account of the balance of principal due and of interest due not exceeding the amount claimable as simple interest at such rate and for such period as the Deputy Commissioner thinks reasonable; or

(c)   in the form of a written usufructuary mortgage by which the mortgagor recognizes the mortgage as a landlord and himself remains in cultivating occupancy of the land as a tenant subject to the payment of rent at such rate as may be agreed upon not exceeding sixteen annas per rupee of the amount of the land-revenue in addition to the amount of the land revenue of the tenancy and the rates and cesses chargeable thereon and for such term as may be agreed on, the mortgagor having no right to alienate his right of cultivating occupancy and the mortgage

ALIENATION OF LAND               1900 Act XIH

having no right to eject the mortgagor unless on the grounds mentioned in section 39 of the ‘ [Punjab Tenan­cy Act, 1887];,or

(d)   in any form which foe 2[Provincial Government] may, by-general or special ; fader, permit to be used.

(2) If in the case of a mortgage in form (c) the mortgagor is ejected or relinquishes or abandons cultivating occupancy of the land, the mortgage shall take effect as a usufuctuary mortgage in form (a) for such term not exceeding, twenty years from the date of adjustment, relinquishment or abandonment, and for such sum of money as the Deputy Commissioner considers to be reasonable.

3[ (3) The Deputy Commissioner, if he accepts the application of a mortgage under sub-section (1) (b), shall have power to eject the mortgagor, and as against the mortgagor to place the mortgage in possession.]

(1)   no interest shall accrue during the period for which the mortgage is in possession of the land or in receipt of rent;

(2)   if the mortgage is in form (a) or form (b), then at the end of such period of possession the mortgage debt shall be extinguished;

(3)   the mortgagor may redeem his land at any time during the currency of the mortgage, on payment of the mortgage debt or, in the case of a mortgage in form (a) or form (b), of such proportion of the mortgage debt as the Deputy Commissioner determines to be equitable; and

(4)   in the case of a usufructuary mortgage, the mortgagor shall not be deemed to bind himself personally 10 repay the mortgage-money.

4[(5) if a mortgagor who has applied to the Deputy Commissio­ner under sub-section (3) proves to the satisfaction of the Deputy Commissioner that he has paid.

1900 : Act XIII                                  ALIENATION OF LAND

the mortgage debt or such proportion of the mortgage debt as the Deputy Commissioner has determined to be equitable, or deposits with the Deputy Commissioner the amount of such mortgage/debt or of such proportion thereof, the redemption of the land shall be deemed to have taken place, and the Deputy Commissioner shall have power to eject the mortgage, if in possession, and as against the mortgage to place the mortgagor in possession.].

(a)   a condition fixing the time of the agricultural yea rat which a mortgagor redeeming his land may resume possession thereof;

(b)   conditions limiting the right of a mortgagor or mortgage in possession to cut, sell or mortgage trees or to do any act affecting the permanent value of the land; and

(c)   any condition which the l [Provincial Government] by general or special order may declare to be admissible.

(2) [n mortgages made under section 6 any condition not f  permitted by or under this Act shall be null and void.

(2) If a member of an agricultural tribe has before the com­mencement of this Act made a mortgage of his bond in which there is a condition intended to operate by way of conditional sale, the Deputy Commissioner shall be empowered at any time during the currency of the mortgage to put the mortgage to his election whether he will agree to the said condition being struck out, or to accept in lieu of the said mortgage a mortgage which may be at the mortgage’s option be either in form (a) or in form (ft) as permitted by section 6 and which shall be made for such period not exceeding the period permitted by the said section and for such sum of money as, the Dep­uty Commissioner considers to be reasonable.

ALIEN A’LION OF LAND          [1900 : Act XIII

(3) If proceedings for the enforcement of a condition intended to operate by way of conditional sale are instituted or are pending at the commencement of this Act in any Civil Court, or if a suit is in­stituted in any Civil Court on a mortgage to which sub-section (1) or sub-section (2) applies, the Court shall refer the case to the Deputy Commissioner with a view to the exercise of the power conferred by the sub-section applying thereto.

1[(4) When a mortgage put to his election under sub-section (2) agrees to accept in lieu of his mortgage, a mortgage in form (a) or in form (b) as permitted by section 6 for the period and for the sum of money considered by the Deputy Commissioner to be reasonable, and the mortgagor cannot be found, or fails to appear when duty served with notice to do so, or refuses or neglects to exe­cute such” mortgage, the Deputy Commissioner shall have authority to execute such mortgage on such terms as to costs as he may fix and the mortgage so executed shall have effect as if it had been executed by the mortgagor. The Deputy Commissioner may for any reason which he deems sufficient set aside any ex-part proceedings taken under this sub-section .]

(2) Any   such   further temporary alienation if made for a longer  term  than is permitted by miss section, shall be deemed to be a temporary alienation for the term permitted by this section.

1900 : Act XIII]                     ALIENATION OF LAND

remains in possession after the expiry of the term for which he is entitled to hold under his mortgage, lease or farm, the Deputy Commis­sioner may, of his own motion or on the application of the person entitled to possession, eject such mortgage,   lessee or   farmer and place the person so entitled in possession.

General   Provisions.

Explanation.- The produce of land means-

(a)   crops and other products of the earth standing or uugut hered on the holding;
(b)   crops and other products of the earth which have been grown on the land during the past year and have been reaped or gathered.

(2) Nothing in this-section shall affect the right of ‘[any Government] to recover arrears of land-revenue, or any dues which are recoverable as arrears of land revenue, in any manner now per­mitted by law.

17.    Notwithstanding anything in the Indian    Registration Act, 1877,2   or in any rule made under section 69 of that Act,—

2.   Set now the Registration Act, 1908, XVI of 1908), Pakistan Code Vol: V.

ALIENATION OF LAND        1900 : Act XIII
(1)   an instrument which contravenes any provision of this Act shall not be admitted to registration ;
(2)   an instrument which records or gives effect to any transac­tion which requires the sanction of a Deputy Commis­sioner shall not be admitted to registration until a certifi­ed copy of the order giving such sanction is produced to the officer empowered to register such instrument.

(2) No right claimed by reason of any transaction or condition which is declared by this Act to be null and void shall be entered in the record-of-rights or in any annual record.

Explanation. -The term “Legal practitioner” includes a   mukhtar.

2.   For rules to be read as added to Chap. V of rules made   under Act XVII of 1887, see Punjab Gazette Extraordinary, dated 25th May, 1901, p. 4.
3.   Since repealed and replaced by the W. P. Land Revenue Act, 1967 (Act XVII of 1967)
4.    Subs, for “Local Government” by the A  O., 1937.

1900 : Act XIII]                                                            ALIENATION OF LAND
(2) No Civil Court shall take cognizance of the manner in which the Provincial Government] or any Revenue-officer exercise any power vested in it or in him by or under this Act.

(3) When any such Appellate Court passes an order, rejecting such application, the Deputy Commissioner may, within two months after the date upon which he is informed of such order apply  to the 4[High Court]  for revision thereof.
(4) Every Civil Court which passes an order on any applica­tion made under this section shall forthwith send a copy thereof to the Deputy Commissioner.
(5) No stamp .shall be required, upon; such applications, and die provisions of the Code of Civil Procedure as regards appeals shall apply so far as may be 10 the procedure of the Court on receipt of such application:

ALIENATION OF LAND                                               [l900 : Act XIII

Provided that no appearance by or on behalf of the Deputy Commissioner shall be deemed necessary for the disposal of the application.]

22. [Addition to section 77   of Act XVI of mi] Rep  by the Repealing Act, 1938 (1 of \ 938), sections 2 and Sch 1

(2) In particular and without prejudice to the generality of the foregoing power, the Provincial Government] may make 5rules prescribing the Revenue officers to whom applications may be made and the manner and form in which such applications shall be made and disposed of.

INDEX
“A”

“B”

“C”

“D”

“F”

INDEX
“H”

“I”

“L”

“M”

“P”