THE PUNJAB ALIENATION OF LAND ACT, 1900. [ACT NO. XIII OF 1900].

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       [Repealed]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.

5[2-A. Notwithstanding anything contained in sections 53 and 54 of the 6[Punjab Tenancy Act, 1887], when ‘a landlord makes s: a claim to exercise the rights thereby conferred upon him the  provisions of this Act shall apply thereto].

Application of Act to sections 53 and 54 Act XVI, 1887.

3. (T) A person who desires to make a permanent alienation & of his land shall be at liberty to makes such alienation where— (a) the alienor is not a member  of an agricultural tribe ; or

Sanction of Deputy Commissioner required to certain permanent alienations.

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

 

5. When a Deputy Commissioner sanctions a permanent aliena­tion of land, his order shall not be taken to decide or affect any ques­tion of title, or any question relating to any reversionary right or right of pre-emption.

Saving for rights in land alienated.

Temporary Alienations of Land,

6.     (1) If a member of an agricultural tribe   mortgages  his land and the mortgage is not a member of the same tribe, or of a   tribe in 1 the same group, the mortgage shall be made in one of the   following forms:-

Forms of mortgage permitted in certain cases.

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

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

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

ALIENATION OF LAND               1900 Act XIH

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

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

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

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

Rules applying to permitted mortgages.

7.        In   the   case    of   mortgages    made under   section 6—

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

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

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

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

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

 

1900 : Act XIII                                  ALIENATION OF LAND

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

8. (1) In a mortgage made under section 6, the following conditions may be added by agreement between the parties: –

Condition in permitted mortgages.

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

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

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

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

9. (1) If a member of an agricultural tribe makes a mortgage of his land in any” manner or form not permitted by or under this Act, the Deputy Commissioner shall have authority to revise and alter the terms of the mortgage so as to bring it into accordance with such form of mortgage permitted by or under this Act as the mortgage appears to him to be equitably entitled to claim.

Power to revise mortgage made in form not permitted.

(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 .]

Future mortgage by way of conditional sale not permitted.

10.    In any   mortgage   of  land made after  the commencement £t of this Act any condition which is intended to   operate   by  way  of conditional sale shall be null and void.

Lease and Farms.	11. Any member of an agricultural tribe may make a lease or farm of his land for any term not exceeding twenty years, and any lease or farm made by a member of an agricultural tribe for a longer term than twenty years shall if the lessee or farmer is not a member of the same tribe or of a tribe in the same group, be deemed to be a tease or farm for the term permitted by this section.
Restriction on power to make further temporary alienation.	12. (1) During the currency of a  mortgage made under section form  6 in form (a) or form (b) or of a lease or farm   under this Act, the owner shall be at liberty to make a further temporary alie­nation of the same land for such term as together with  the   term of the current mortgage, lease or farm will make up a term not exceeding the full term of twenty years.

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

Adjustment of mortgage, lessee or farmer remaining in possession after term.

13.    If a mortgage, lessee or farmer holding possession under a mortgage made under section 6 or under a lease or farm made under 11 or under a mortgage, lease or farm made under section 12

1900 : Act XIII]                     ALIENATION OF LAND

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

General   Provisions.

14. Any permanent alienation which under section 3 is not to  take effect as such until the sanction of a Deputy Commissioner is given thereto shall until such sanction is given or if such sanction has  been refused, take effect as a usufructuary mortgage in form (a) per­mitted by section 6 for such term not exceeding twenty years and on such conditions as the Deputy Commissioner considers to be reason­able.

Effect of permanent alienation made with out sanction.

15.    Every agreement whereby a member of an agricultural  tribe purports to alienate or charge the produce of his land or any pa- of, or share in such produce for more than one year shall not take  effect for more than one year from the date of the agreement unless the sanction of a Deputy Commissioner is given there to, and shall, until such sanction is given or if such sanction is refused, take effect as if it had been made for one year.

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

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.

16. (1)    No land belonging to a member of an agricultural tribe shall be sold in execution of any decree or order of any Civil of  Revenue  Court. whether made before or after the commencement of this Act

Execution sale of land forbidden.

(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.

Record- of right and annual record,

18. (1) Where, by reason of any transaction which under e” this Act requires the sanction of a Deputy Commissioner, a person claims to have acquired a right the acquisition whereof he is bound to report under section 34 of the [Punjab Land Revenue Act, 1887], such person shall, in making his report, state whether the sanction required has been obtained or not, and his right so acquired shall not be entered in the record-of-rights or in any annual record until he produces such evidence of the order by which such sanction is given as may be required by any rules made under this Act.

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

Application of certain provisions of the 2(Punjab land-revenue Act, 1887)

19. Subject to the provisions of this Act, the provisions of Chapter-II of the 3[Punjab Land Revenue Act, 1887], shall in so far as they are applicable, apply to the proceedings   of   Revenue-officers under this Act.

Appearance of legal practitioners forbidden.

20. No legal practitioner shall  appear on behalf of any party interested in any proceeding before   a   Revenue-officer   under   this

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

Jurisdiction of Civil Courts excluded,

21. (1) A Civil Court shall not have jurisdiction in any matter which the ”[Provincial Government] or a Revenue-officer is empowered by this Act to dispose of.

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.

2[21-A. (1) Notwithstanding anything contained in the of Civil Procedure) or in any other Act for the time being in force every Civil Court which passes a decree or order involving (1) the permanent alienation of his land by a member of an agricultural tribe or (2) the mortgage by a member of an agricultural tribe of his land when the mortgage is not a member of the same tribe or of a tribe in the same group, shall send to the Deputy Commission­er a copy of such decree or order.

Civil Court to send copy of decree or order to Deputy Commissioner.

(2) When it appears to the Deputy Commissioner that any Civil Court has either before or after the date when this section comes into operation, passed a decree or order contrary to any of the provisions of this Act, the Deputy Commissioner may apply for the revision of such decree or order to the Court, if any, to which an appeal would lie from such decree or order or in which an appeal could have been instituted at the time when the decree or order was passed or in any other case to the 5[High Court].And when the Court finds that such decree or order is contrary to any of the provisions of this Act it shall alter it so as to make it consistent with this Act. Such application shall be made within two months of the date upon which the Deputy Commissioner is informed of such decree or order.

Action to be taken by Deputy Commissioner when decree or order passed contrary to 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

Exercise of Powers of Deputy. Commissioners.

23. The powers conferred by this Act upon a Deputy Comm­issioner may be exercised by a Revenue-officer of higher rank, or by any officer authorized by the 4[Provincial Government] in this behalf..

Exemption.

24. The 1[Provincial Government], 2*** may, by notifi­cation 3in the [official Gazette], exempt any district or part of district or any person or class of persons from the operation of this Act or of any of the provisions thereof.

Power to make rules.

25. (1) The Provincial Government] may make rules2 [for carrying into effect the purposes of this Act.

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