The Punjab Land Revenue Act, 1887 Act 17 of 1887 Keyword(s)

The Punjab Land Revenue Act, 1887

Act 17 of 1887

Keyword(s):

Estate, Land-owner, Holding, Rent, Pay, Land-revenue, Arrear of Land-revenue, Defaulter,

Rates and Cesses, Village Cess, Village Officer, Legal Practitioner, Agricultural Year,

Encumbrance, Survey-mark, Net-assest, Assessment Circle

Amendment appended: 15 of 2011, 5 of 2013, 54 of 2013, 20 of 2014

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Ptr1'U/\H oovr (tAL <EXTRA.), APRIL 26,201 i 47(vYSI< 06, J 93:1 SAKA)

pr'.f~,\R.LvH!'1 r )t' l.H.iAt ANn LI~,C;ISL/\JJVEAFFAllC. PUN)}. H

NoHl'it~hm,

The 2NhApril, 201l

1<:10,iifJ·L(~g'/'iIHL-···Tht.: following Act of the Legislature of the State'1 J>lIiliah recci \led the assenr ofthe Governor of Punjab on the 20 h April. 2.(1)

,10"\ ", hereby plllJIl~:j1';~dii:II".'eneral information :.._-

nu: PUNJ/dJ LAl\l'D HEVENUE (AMENDMENT) AC1~20J 1

i~'unjabAct No. 115o1f20U)

AN

ACT

further to amend the Punjab Land Revenue Act, J887.

B . it enacted by the Legislature of the State of Punjab in the Sixty-s,<;cond Year of the Republic of India as follows :-.

. -U, (1) This Act may be called

.-·.mq~dmcm) /' d., '~~OlL

(2) it shall come into force at once.

the Punjab Land Revenue ,%011 title andcommencement.

2.- In the: Punjab Land Revenue Act 1887 (hereinafter referred tois the principal Act), in section 13, in clause (e), in item (ii), at the end, for

-1h",· _sign" ", the 'sign ";" shall be substituted, and thereafter, the followingHems shall-be added, namely :--~ .

"(iii) no authority, except the first appellate authority, shallremand the case to the lower authority to decide the caseafresh -; and

(iv) no appeal shall lie against any interim order passed by ~Revenue Officer under this Act.

1Vote.--Th~ provisions of items (iii) and (iv) shall not be applicableto the authorities mentioned under section 16 of this Ace".

J. In the principal Act, for section J 6, the following section shallbe substituted, namely ;---

«1 (j. ;'1) A Commissioner may Gall for the record of anyP"'''Co; tl' cat! _ case pending before, Of disposed of by anyf(lI. e xarmue Revenue Officer under his corurol and passJnd rCV1$.proccedmgs of such orders. as he thinks fit.

f.HlendlTlt;nt ills -cuon L. otJ unjab Act XViir·f 1887.

Substitution ofsection 16 ofPunjab Act XVII()f 1!IW!

PUNJAB GOVI GAJ.':_(EXTRA,), APRIL 26,201 i 48'(VYSK 06, 19J3 SAKA)

(2; A Collector may also Gall for the record of any cast."pending before-or disposed ofby any Revenue Officer under hiscontrol, and if he is of the opinion that the proceedings taken ororder made" should be modified or rcverred, he shall report thecast with his 'opinion thereon for the orders of the Commissionerwhose decision shall be final;

Provided that he shall not pass an order reversing or modifyingany proceeding or order of a subordinate Kevenue Otn •.xr, :.!I1daffcdinf! any question of right between private persons withoutgiving. them an opportunity of being heard,",

It in the principal Act, in section 20, after sub-section (5). the followingsub-section shall be added, namely :---

"(6) If it is not possible to serve summons in accordancewith any of the modes, as provided in sub-sections (1), (2), (3),(4) and (5), then,---"

Arnendrnernin section 2'of PunjabAct XVII,,1'1887,

_[a] summons may be sent by the Revenue Officerby whom it is issued whether within or out of theState by post or by courier service. as approved bythe High Court of Punjab and Haryana or by faxmessage or by Electronic Mail Service or by anyother means, as may be provided in the rules madeby the High Court ;

(b) where the person is confined in prison, the summonsmay be delivered by post or may be sent by courierservice, as approved by the High Court or by fax,message or by Electronic Mail Service or by anyother means, as may be provided in the rules madeby the High Court to the officer-incharge elf theprison for service to the person ;

(c) where the persoI1l resides out of India and has noagent in India, empowered to accept service, thesummons may be addressed to the' person a t theplace, where he is residing or may be sent to himbypost or by courier service, as approved by the HighCourr or by tax message or by Electronic Mail Serviceor by any other means, m; ma i; be provided 1:\1. therules made by the High Court, if there is postalcommunication between such place and the place:"where the Court is situated ; and

.-. ···G,,-,...···..·

PIJj\IJAB (iOVT GAL (EXTRA.), APRIL 26,2011.{VYSf( ('If; J en3 'S'A'[r f\')I.. 1........ 'I .. '~' , ~~ C',...,f -,

49 ..

(d) where the Central Government, by notification ;11 theOfficial Gazette, has declared in respect of any foreigncountry tbatsummons should he served Oil thepe!sons actually and voluntarily residing or carryingbusiness or personally working for gain in that foreigncountry through an officer of the Government offoreign country, as specific cl hy the CentralGovernment, the summons r'·.<lY be sent 1;0 such ..officer, through the Ministry of \ .iovelillnent of Indiadealing with foreign affairs or in such other manner,as may be specified by the Centra] Government, andif such officer returns any such summons with anendorsement purporting to have beenmade by himthat the summons have been served on the persons,such service shall be deemed as evidence of service.".

5" In the principalAct, for section J 11, the following section shall besubstituted, namely ;--- .

"Ill. Anyjoint owner of land, orany joint tenant of a tenancy il..lApplication which a right of occupancy subsists, may apply to afol' partruon. Revenue Officer for partition of his share in the land ortenancy, as the case may be, with the proposed plan of partitionindicating the quality and location of the land in question alongwith the~easons for partition and copy of the latest jamabandi, if,.·--

(q) on the date of application, the share is: recorded underChapter IV as he longing to him; 01

(b) his right to the share has been established by a decreewhich is still subsisting at that date; or

(c) . a written acknowledgement of'that right has been execqted• by all persons interested in the admission or denial thereof,".

(lo. In the principal Act, in section 113. for clauses (a) and tlJ), -the Amendment insection 113 of

following clauses shall be substituted, namely ;--. Punjab Act XVII

. f he : 1" I f h d fi I b of 1887"(a) cause notice 0 t e app icaticn anc 0 t e ay so rxe: to eserved on such oftherecorded eo-shares, as have norjcinedin the application to submit theirreplies and plans of pi irtitionwith cogent reasons, and, if the share for which partition is~ppUed for, is a share in a tenancy, on the laudlord also ~and

Substitution ofsection I11 ofPunjab Act XV1!of 1.1187.

(h) if he thinks fit. cause the notice to be served on any otherperson whom he may deem to be directly or indirectly interestedin the application to submit their repl :,3S and plans of partitionwith cogent reasons."

·;l~n'-lll'.13 GC, VT GA?. (EXTRt;,.), J\.VRIL 26, 2011 5U(V',:(SK 06, !933 r~AKA)

!r; Ihe pr:ncil'al '\ct. section 114 shall he oinitte.I.

f~. in tne ·prl-ncs.pa! Act. for section i 1 5\ the following section. shall be';U!.•,'uwi·ed uarnely :... -

., I !:' l\ Fi~l examining such of the co-sharers and other per; ;)DS, asrlhsohr(c .

ID<'!y be present on that da,V,the Revenue Oftir,er may,I~T$::::JJlowanc.t','i.,'''I'[;\'''I, .J i:;a"l Iov" the partition in those cases 0,:/y where

:)D!"ii,,:,uiort is made for the partition of common path, commonwarer course or sHddike place, IlSf'(! t(JC common purpose».

I i :._r\ (/) 'INhere it appears to the Revenue Officer that a settlement.settlcmcnt "f ruav he acceptable \0 both the parties to the partition,~hsp!1tc.s by , . .. . I ....." •

Cq'!c'i:i"lifill. he shall formulate the rerms ot settlement and submu~he same 10 the parties for their suggestions. After receivingtheirobjections or suggestions, the Revenue Officer, shall re-formulate theterms of settlement, possible in the prevailing situation, and refer thesame for concil iation with the intervention of the elders where theproperty is situated; and if the settlement is agreed upon byboth the parties through a written deed, the Revenue Officer shallpass an order In accordance with such deed, The orders :;0 made bythe Revenue Officer shall be final, and a partition deed shall be issuedaccordingly.

(2)Jf no settlement is reached under sub-section (I), theRevenueOfficer shall Within a period of four months after the date ofmaking reference for conciliation, but not late: than six months lrom thedate of initiation of conciliatory proceedings, pass such order on merits,as he may deem appropriate iJ1 the circumstances ofthe case" fter hearingthe parties.".

9. 'In the principal Act, for section ji 8, tor following section ~Il<lll be:c;lIbswuted, namely :---

'"1 ig. (1) When there is a question as to the property 10 be dividen,Disposal 01' or the mode of making a partition, the Revenue Officerotherquestions. shall, after such inquiry, as he deems necessary, record

an order stating his decision on the question andthe reasons for thedecision,

(2) No appeal shall lie against the decision referred to in sub-section (I). r :

(.10BfNDER SINGH,

Secretary TO Government of Punjab,Department (If Legal and Legislative Affairs.

Onm uon 01sc:t:ti. '11: , J4 ·:~tPllnjal. /'.':;\ >, VIIof tbH1

Substunuon ofsccri« n t 1S ofPU'ljH b Ac •. X Vllof I Rg,(

Subsituuon ofsection 118 ofPunj.in Act XVI!or 1 f;!17 .'

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 28, 2013 27(MAGHA 08, 1934 SAKA)

PART I

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 28th January, 2013

No. 5-Leg.l2013.- The following Act of the Legislature of the State ofPunjab received the assent of the Governor of Punjab on the 23rd January,2013, is hereby published for general information :-

THE PUNJAB LAND REVENUE (AMENDMENT) ACT, 2012

(Punjab Act NO.5 of 2013)

ANACT

jurther to amend the Punjah Land Revenue Act, 1887.

BE it enacted by the Legislature ofthe State of Punjab in the Sixty-thirdYear of the Republic of India as follows:-

1. (1) This Act may be called the Punjab Land Revenue(Amendment) Act,20) 2.

(2) It shall come into force on and with effect from the date itspublication in the Onicial Gazette.

2. In the Punjab Land Revenue Act, )887, for section) 6, the followingsection shall be substituted, namely:-

Substituticof sectionof Punjab 1

XVllof18~

Short titleandcommencen

The Financial Commissioner may, it any time, callfor the record of any case pending before ordisposed of by any Revenue Officer subordinateto him; and

(i)

Except a case partaining to question of division of property orthe mode of making a partition under section) ) 8,-

"16. (1)

Power to callfor examine andreviseproceedings ofRevenueOfficers.

(ii) A Commissioner or Collector may call for therecord of any case pending before or disposed ofby any Revenue Officer under his control.

(2) If any case in which a Collector has called for a record and he is ofthe opinion that the proceedings taken or order made should be modified orreversed, he shall report the case with him opinion thereon for the orders of

I

r"

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 28, 2013(MAGHA 08, 1934 SAKA)

the Commissioner whose decision shall be finill.

(3) The Financial Commissioner or Commissioner may, in any casecalled for by himself under sub-section (1) or under sub-section (2), as thecase may be, pass such orders as he thinks fit:

Provided that he shall not under this section pass an order reversingor modifying any proceeding or order of a subordinate Revenue Officer andaffecting any question of right between private persons without giving thosepersons an opportunity of being heard.

(4) Notwithstanding anything contained in this section, the cases calledfor by the Commissioner or Collector, as the case may be, under sub-section(1) and (2) as it existed prior to the commencement of the Punjab LandRevenue (Amendment) Act, 2012, shall be decided by them as heretofore.".

H.P.S.MAHAL,Secretary to Government of Punjab,

Department of Legal and Legislative Affairs.

0141/1-2013/Pb. Govt. Press, S.A.S. Nagar

__ . ,,~ 0_-'

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 20, 2013

(AGHN 29, 1935 SAKA)

289

PART I


NOTIFICATION

The 20th December, 2013

No.65-Leg./2013.-The following Act of the Legislature of the State of

Punjab received the assent of the Governor of Punjab on the 4th Day of

December, 2013, is hereby published for general information:-


(Punjab Act No. 54 of 2013)

AN

ACT

further to amend the Punjab Land Revenue Act, 1887.

BE it enacted by the Legislature of the State of Punjab in the Sixty-fourth

Year of the Republic of India as follows:-

1. (1) This Act may be called the Punjab Land Revenue (Amendment)

Act, 2013.

(2) It shall come into force on and with effect from the date of its

publication in the Official Gazette.

2. In the Punjab Land Revenue Act, 1887, section 101-A shall be re-

numbered as section 101-AA and before the section as so re-numbered, the

following section shall be inserted, namely :–

"101-A The Financial Commissioner may, by notification, fix a scale

of fees for demarcation of boundaries of an estate sought

by a person interested in that estate under this Chapter."

H.P.S. MAHAL,

Secretary to Government of Punjab,


Short title and

commencement.

Insertion of new

section 101-A in

Punjab Act XVII

of 1887.


Scale of fees

for demarca-

tion.

PUNJAB GOVT. GAZ. (EXTRA), AUGUST 25, 2014

(BHDR 3, 1936 SAKA)

111

PART I


NOTIFICATION

The 25th August, 2014

No.21-Leg./2014.- The following Act of the Legislature of the State

of Punjab received the assent of the Governor of Punjab on the 13th Day

of August, 2014, is hereby published for general information:-


(Punjab Act No. 20 of 2014)

AN

ACT

further to amend the Punjab Land Revenue Act, 1887.

BE it enacted by the Legislature of the State of Punjab in the Sixty-

fifth Year of the Republic of India, as follows:-

1. (1) This Act may be called the Punjab Land Revenue

(Amendment) Act, 2014.

(2) It shall come into force on and with effect from the date of

its publication in the Official Gazette.

2. In the Punjab Land Revenue Act, 1887, in section 20, in sub-

section (1), the word "male" shall be omitted.

H.P.S. MAHAL,

Secretary to Government of Punjab,


Amendment in

section 20 of

Punjab Act XVII

of 1887.

Short title and

commencement.


The Punjab Land Revenue Act, 1887 Act 17 of 1887 Keyword(s)

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