THE PUNJAB TENANCY ACT, 1887

(Act XVI of 1887)

CONT E NT
S

SECTION HEADING

CHAPTER I
PRELIMINARY
1. Title, extent and commencement.
2. [Repealed]
3. [Repealed]
4. Definitions.

Chapter II
RIGHT OF OCCUPANCY
5. Tenants having right of occupancy.
6. Right of occupancy of other tenants recorded as
having the right before passing of Punjab
Tenancy Act, 1868.
7. Right of occupancy in land taken in exchange.
8. Establishment of right of occupancy on grounds
other than those expressly stated in Act.
9. Right of occupancy not to be acquired by mere lapse
of time.
10. Right of occupancy not to be acquired by joint
owner in land held in joint ownership.
11. Continuance of existing occupancy rights.

CHAPTER III
RENT
Rents generally
12. Respective rights of land-lord and tenant to
produce.
13. Commutation and alteration of rent.
14. Payments for land occupied without consent of
landlord.
15. Collection of rents of undivided property.
15-A. Rights and liabilities regarding rent and
government dues.
 Produce rent
16. Presumption with respect to produce removed
before division or appraisement.
17. Appointment of referee for division or
appraisement.
18. Appointment of assessors and procedure of
referee.
19. Procedure after division or appraisement.
20. Enhancement of produce rents of occupancy
tenants.
21. Reduction of rents referred to in the last
foregoing section.
Cash-rents paid by tenants
having rights of occupancy
22. Enhancement of cash rents of occupancy
tenants.
23. Reduction of rent referred to in the last
foregoing section.
General provisions relating to suits
for enhancement or reduction of rent
24. Enhancement and reduction of rent by suit.
25. Discretion as to extent of enhancement or
reduction.
26. Time for enhancement or reduction to take
effect.
Adjustment of rents expressed
in terms of the land-revenue.
27. Adjustment of rents expressed in terms of the land
revenue.
Adjustment of rents paid by occupancy tenants
in Attock District.
27-A. Adjustment of rents paid by occupancy tenants
in Attock District.
Alteration of rent on alteration of area
28. Alteration of rent on alteration of area.
Remission
29. Remission of rent by Courts decreeing arrears.
30. Remission and suspension of rent consequent on
like treatment of land revenue.
Deposits
31. Power to deposit rent in certain cases with Revenue
Officer.
32. Effect of depositing rent.
Recovery of rent from attached produce
33. Recovery of rent from attached produce.
Leases for period exceeding term
of assessment of land revenue
34. Treatment of leases for period exceeding or
equal to term of assessment of land revenue.

CHAPTER IV
RELINQUISHMENT, ABANDONMENT
AND EJECTMENT
Relinquishment
35. Relinquishment by tenant for a fixed term.
36. Relinquishment by any other tenant.
37. Relinquishment of part only of a tenancy.
Abandonment
38. Abandonment of tenancy by occupancy tenant.
Liability to ejectment
39. Grounds of ejectment of occupancy tenant.
40. Grounds of ejectment of tenant for a fixed term.
41. Ejectment of tenant from year to year.
Procedure on ejectment
42. Restriction on ejectment.
43. Application to Revenue Officer for ejectment.
44. Ejectment for failure to satisfy decree for arrear
of rent.
45. Ejectment of tenant from year to year by notice.
46. Power to make rules.
General provisions respecting ejectment
47. Time for ejectment.
48. Relief against forfeiture.
49. Rights of ejected tenants in respect of crops and
land prepared for sowing.
Relief for wrongful dispossession
50. Relief of wrongful dispossession or ejectment.
50-A. Bar to civil suits.
51. Bar of relief by suit under section 9, Act I of
1877.
 Power to vary dates prescribed by this Chapter
52. Power of Provincial Government to fix dates for
certain purposes.

CHAPTER V
ALIENATION OF, AND SUCCESSION TO,
RIGHT OF OCCUPANCY
Alienation
52-A. Provisions of Chapter V not to apply to
muqarraridars.
53. Private transfer of right of occupancy under
section 5 by tenant.
54. Procedure on foreclosure of mortgage of right of
occupancy under section 5.
55. Sale of right of occupancy under section 5 in
execution of decree.
56. Transfer of right of occupancy under any other
section than section 5.
57. Rights and liabilities of transferee of right of
occupancy.
58. Sub-letting.
58-A. Transfer of right of occupancy under any section
of the Act by exchange.
Succession
59. Succession to right of occupancy.
Irregular transfers
60. Irregular transfer of right of occupancy.

CHAPTER V- A
Succession to Non-occupancy Tenancies.
60-A. Succession to non-occupancy tenancies.

CHAPTER VI
IMPROVEMENTS AND COMPENSATION
Improvements by landlords
61. Improvements by landlords on tenancies of
occupancy tenants.
62. Enhancement of rent in consideration of an
improvement made by a landlord on the tenancy
of an occupancy tenant.
 Improvements by tenants
63. Title of occupancy tenant to make
improvements.
64. Title of tenants not having right of occupancy to
make improvements.
65. Improvements made before commencement of
this Act.
66. Improvements begun in anticipation of
ejectment.
67. Tender of lease for twenty years to tenant to be
a bar to right to compensation.
68. Liability to pay compensation for improvements
to tenants on ejectment or on enhancement of his
rent.
Compensation for disturbance of clearing tenants
69. Compensation for disturbance of clearing
tenants.
Procedure in determining compensation
70. Determination of compensation by Revenue
Court.
71. Determination of compensation by Revenue
Officers.
72. Matters to be regarded in assessment of
compensation for improvements.
73. Form of compensation.
Relief in case of ejectment before
determination of compensation
74. Relief in case of ejectment before determination
of compensation.

CHAPTER VII
JURISDICTION AND PROCEDURE
Jurisdiction
75. Revenue Officers.
76. Applications and proceedings cognizable by
Revenue Officers.
77. Revenue Courts and suits cognizable by them.
Procedure where revenue matter is raised in a
Civil Court.
Administrative control
 78. Superintendence and control of Revenue
Officers and Revenue Courts.
79. Power to distribute business and withdraw and
transfer cases.
Appeal, Review And Revision
80. Appeals.
81. Limitation for appeals.
82. Review by Revenue Officers.
83. Computation of periods limited for appeals and
applications for review.
84. Power to call for, examine and revise
proceedings of Revenue Officers and Revenue
Courts.
Procedure
85. Procedure of Revenue Officers.
86. Persons by whom appearances may be made
before Revenue Officers as such and not as
Revenue Courts.
87. Costs.
88. Procedure of Revenue Courts.
89. Power of Revenue Officer or Revenue Court to
summon persons.
90. Mode of service of summons.
91. Mode of service of notice, or order or
proclamation or copy thereof.
92. Additional mode of publishing proclamation.
93. Joinder of tenants as parties to proceeding
relating to rent.
94. Exception of suits under this Act from operation
of certain enactments.
95. Payment into Court of money admitted to be due
to a third person.
96. Execution of decree for arrears of rent.
97. Prohibition of imprisonment of tenants in
execution of decrees for arrears of rent.
98. Power to refer party to Civil Court.
99. Power to refer to High Court questions as to
jurisdiction.
100. Power of High Court to validate proceedings
held under mistake as to jurisdiction.
 Miscellaneous
101. Place of sitting.
102. Holidays.
103. Discharge of duties of Collector dying or being
disabled.
104. Retention of powers by Revenue Officer on
transfer.
105. Conferment of powers of Revenue Officer or
Revenue Court.
106. Power of Board of Revenue to make rules.
107. Rules to be made after previous publication.
108. Powers exercisable by Board of Revenue from
time to time.

CHAPTER VIII
EFFECT OF THIS ACT ON
RECORDS-OF-RIGHTS AND AGREEMENTS
109. Nullity of certain entries in records-of-rights.
110. Nullity of certain agreements contrary to the
Act.
111. Saving of other agreements when in writing.
112. Effect of certain entries made in records-of-
rights before November, 1871.
113. Nothing but rent or seed supplied recoverable.
114. Extinction of occupancy tenancies.
114-A. Extinction of Muqarraridari rights.
114-B. Removal of doubts.
115. Limits of holding for personal cultivation.
116. Offences.

THE SCHEDULE
[Repealed]

THE PUNJAB TENANCY ACT, 1887

(Act XVI of 1887)
[23 September 1887]
An Act to amend the law relating to the tenancy of land in the
Punjab.
 WHEREAS it is expedient to amend the law relating to
the tenancy of land in the Punjab;
It is hereby enacted as follows:-

CHAPTER I
PRELIMINARY
1. Title, extent and commencement.– (1) This Act may be
called the Punjab Tenancy Act, 1887.
[1]
[(2) It extends to the whole of the Punjab]; and
[2]
(3) It shall come into force on such day as the
[Provincial Government], by notification, appoint in this
behalf.
2. [Power to make rules in anticipation of commencement].
Repealed by the Repealing and Amending Act, 1891 (XII of
1891], section 2(1).
3. [Repeal]. Repealed by the Repealing and Amending Act, 1891
(XII of 1891)].
4. Definitions.– In this Act, unless there is something
repugnant in the subject or context:-
(1) “Land” means land which is not occupied as the site of
any building in a town or village and is occupied or has been
let for agricultural purposes or for purposes subservient to
agriculture or for pasture, and includes the sites of buildings
and other structures on such land:
[3]
[(1-A) “Government” shall, unless the context
otherwise provides, mean the Provincial Government]:
[4]
[(1-B) “Commissioner” means a Commissioner of a
Division appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an Additional
Commissioner:]
(2) “pay”, with its grammatical variations and cognate
expressions, includes, when used with reference to rent,
“deliver” and “render”, with their grammatical variations
and cognate expressions:
(3) “rent” means whatever is payable to a land-lord in
money, kind or service by a tenant on account of the use or
 [5]
occupation of land held by him; [but it shall not include
any cess, village cess or other contribution or due or any
free personal service]:
(4) “arrear of rent” means rent which remains unpaid
after the date on which it becomes payable:
(5) “tenant” means a person who holds land under
another person, and is or but for a special contract would
be, liable to pay rent for that land to that other person: but it
does not include–
[6]
(a) [* * * * * * * * * * *]
(b) a mortgagee of the rights of a land-owner, or
(c) a person to whom a holding has been transferred,
or an estate or holding has been let in farm, under
[7]
the Punjab Land Revenue Act, [1967], for the
recovery of an arrear of land revenue or of a sum
recoverable as such an arrear, or
[8]
(d) a person who takes from the [Government] a
lease of unoccupied land for the purpose of sub-
letting it:
(6) “land-lord” means a person under whom a tenant holds
land, and to whom the tenant is or but for a special contract would
be, liable to pay rent for that land:
(7) “tenant” and “land-lord” include the predecessors
and successors-in-interest of a tenant and land-lord,
respectively:
(8) “tenancy” means a parcel of land held by a tenant of a
land-lord under one lease or one set of conditions:
(9) “estate”, “land-owner” and “holding” have the
meanings respectively assigned to those words in the Punjab
[9]
Land Revenue Act, [1967]:
(10) “land revenue” means land revenue assessed under
any law for the time being in force or assessable under the
[10]
Punjab Land Revenue Act, [1967], and includes–
(a) any rate imposed in respect of the increased
value of land due to irrigation; and
(b) any sum payable in respect of land, by way of
[11]
quitrent or of commutation for service, to the
 [12]
[Government] or to a person to whom the
[Government] has assigned the right to receive
the payment:
(11) “rates and cesses” means rates and cesses which are
primarily payable by land-owners, and includes–
[13]
(a) [* * * * * * * * * *
*]
[14]
(b) the local rate, if any, payable under the
[Punjab Local Government Ordinance, 2001];
(c) any annual rate chargeable on owners of lands
[15]
under section 59 of the [* * *] Canal and
Drainage Act, 1873;
[16]
(d) the [* * *] village officer’s, cesses; and
(e) sums payable on account of village expenses:
[17]
[(12) “village cess” means any cess, contribution or due
which is customarily leviable, from land-owners and non-
land-owners alike, within an estate for the common purposes
of the inhabitants thereof, and is neither a payment for the
use of any private property or for personal service, nor
imposed by or under any enactment for the time being in
force, and does not mean any cess, contribution or due
leviable, for the benefit of any individual residents or class of
residents in the estate, or in relation to any property which is
not meant for the common use of all the residents:
Explanation– If any question arises whether any cess,
contribution or due is or is not a village cess, the decision of
[18]
the [Board of Revenue] shall be conclusive and shall not
be liable to be questioned in any Court]:
(13) “Village Officer” means a chief headman, headman
or Patwari:
(14) “Revenue Officer” or “Revenue Court”, in any
provision of this Act, means a Revenue Officer or Revenue
Court having authority under this Act to discharge the
functions of a Revenue Officer or Revenue Court, as the case
may be, under that provision:
(15) “Jagirdar” includes any person, other than a village
servant, to whom the land revenue of any land has been
 [19]
assigned in whole or in part [by the Government] or by
[20]
[a servant of the State]:
(16) “legal practitioner” means any legal practitioner
within the meaning of the Legal Practitioners Act, 1879,
except a mukhtar:
(17) “agricultural year” means the year commencing on
[21]
the sixteenth day of June, or on such other date as the
[Provincial Government] may, by notification appoint for
any local area:
(18) “notification” means a notification published by
[22] [23]
authority of the [Provincial Government] or [the Board
of Revenue] in the Official Gazette:
(19) “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,
levelling, 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 land-lord’s property; and
[24]
[(20) “Muqarraridar” means any person who holds
[25]
land in [the Attock and Rawalpindi District] and who, on
the date of the commencement of the Punjab Tenancy
(Amendment) Act, 1952, was recorded in the revenue
records as muqarraridar in respect of such land or who,
after the said date, was so recorded with his consent and the
consent of the proprietor of such land and includes the
successors-in-interest of a muqarraridar.

CHAPTER II
RIGHT OF OCCUPANCY
5. Tenants having right of occupancy.– (1) A tenant–
(a) who at the commencement of this Act has, for more
than two generations in the male line of descent
through a grandfather or grand uncle and for a
period of not less than twenty years, been occupying
land paying no rent therefore beyond the amount of
the land revenue thereof and the rates and cesses for
the time being chargeable thereon, or
(b) who having owned land, and having ceased to be
land-owner thereof otherwise than by forfeiture to
the Government or than by any voluntary act, has,
since he ceased to be land-owner, continuously
occupied the land, or
(c) who, in a village or estate in which he settled
alongwith, or was settled by, the founder thereof as a
cultivator therein, occupied land on the twenty-first
day of October, 1868, and has continuously occupied
the land since that date, or
(d) who, being jagirdar of the estate or any part of the
estate in which the land occupied by him is situate,
has continuously occupied the land for not less than
twenty years, or having been such jagirdar, occupied
the land while he was jagirdar and has continuously
occupied it for not less than twenty years,
has a right of occupancy in the land so occupied, unless, in
the case of a tenant belonging to the class specified in clause
(c), the land-lord proves that the tenant was settled on land
previously cleared and brought under cultivation by, or at
the expense of, the founder.
(2) If a tenant proves that he has continuously occupied
land for thirty years and paid no rent therefor beyond the
amount of the land revenue thereof and the rates and cesses
for the time being chargeable thereon, it may be presumed
that he has fulfilled the conditions of clause (a) of sub-
section (1).
(3) The words in that clause denoting natural
relationship denote also relationship by adoption, including
therein the customary appointment of an heir and
relationship, by the usage of a religious community.

6. Right of occupancy of other tenants recorded as

having the right before passing of Punjab Tenancy Act,
1868.– A tenant recorded in a record-of-rights sanctioned by
[26]
the [Provincial Government], before the twenty-first day
of October, 1868, as a tenant having a right of occupancy in
land which he has continuously occupied from the time of
the preparation of that record, shall be deemed to have a
right of occupancy in that land unless the contrary has been
established by a decree of a competent Court in a suit
instituted before the passing of this Act.

7. Right of occupancy in land taken in exchange.– If the

tenant has voluntarily exchanged the land, or any portion of
the land, for merely occupied by him for other land
belonging to the same land-lord, the land taken in exchange
shall be held to be subject to the same right of occupancy as
that to which the land given in exchange would have been
subject if the exchange had not taken place.
8. Establishment of right of occupancy on grounds
other than those expressly stated in Act.– Nothing in the
foregoing sections of this Chapter shall preclude any person
from establishing a right of occupancy on any ground other
than the grounds specified in those sections.
9. Right of occupancy not to be acquired by mere lapse
of time.– No tenant shall acquire a right of occupancy by
mere lapse of time.
10. Right of occupancy not to be acquired by joint
owner in land held in joint ownership.– In the absence of
a custom to the contrary, no one of several joint owners of
land shall acquire a right of occupancy under this Chapter in
land jointly owned by them.
11. Continuance of existing occupancy rights.–
Notwithstanding anything in the foregoing sections of this
Chapter, a tenant who immediately before the
commencement of this Act has a right of occupancy in any
land under an enactment specified in any line of the first
column of the following table shall, when this Act comes into
force, be held to have, for all the purposes of this Act, a right of
occupancy in that land under the enactment specified in the
same line of the second column of the table:-

THIS ACT

PUNJAB TENANCY ACT,

1868
First Column Second column
Section Clause Section Sub- Clause
section
5 (1) 5 (1) (a)
5 (2) 5 (1) (b)
5 (3) 5 (1) (c)
5 (4) 5 (1) (d)
6 .. 6 .. ..
8 .. 8 .. ..

CHAPTER III
RENT
Rents generally
12. Respective rights of land-lord and tenant to
produce.– (1) The rent for the time being payable in respect
of a tenancy shall be the first charge on the produce thereof.
 (2) A tenant shall be entitled to tend, cut and harvest the
produce of his tenancy in due course of husbandry without
any interference on the part of his land-lord.
(3) Except where rent is taken by division of the
produce, the tenant shall be entitled to the exclusive
possession of the produce.
(4) Where rent is taken by division of the produce:-
(a) the tenant shall be entitled to the exclusive
possession of the whole produce until it is divided;
(b) the land-lord shall be entitled to be present at,
and take part in, the division of the produce; and
(c) when the produce has been divided, the land-lord
shall be entitled to the possession of his share
thereof.
13. Commutation and alteration of rent.– (1) Where
rent is taken by any of the following methods, namely:-
(a) by division or appraisement of the produce,
(b) by rates fixed with reference to the nature of the
crops grown,
(c) by a rate on a recognised measure of area,
(d) by a rent in gross on the tenancy, or
(e) partly by one of the methods specified in clauses (a),
(b) and (c) of this sub-section and partly by another
or others of them,
one of those methods shall not be commuted in whole or in
part into another without the consent of both land-lord and
tenant.
(2) In the absence of a contract or a decree or order of
competent authority to the contrary, a tenant whose rent is
taken by any of the methods specified in clauses (a), (b) and
(c) of sub-section (1), or by the methods specified in clause (d)
of that sub-section, shall not be liable to pay for a tenancy
rent at any higher amount, as the case may be, than the rate
or amount payable in respect of the tenancy for the
preceding agricultural year.

14. Payments for land occupied without consent of

land-lord.– Any person in possession of land occupied
without the consent of the land-lord shall be liable to pay for
the use or occupation of that land at the rate of rent payable
in the preceding agricultural year, or, if rent was not payable
in that year, at such rate as the Court may determine to be
fair and equitable.

15. Collection of rents of undivided property.– When

two or more persons are land-lords of a tenant in respect of
the same tenancy, the tenant shall not be bound to pay part
of the rent of his tenancy to one of those persons and part to
another.
[27]
[15-A. Rights and liabilities regarding rent and
government dues.– Subject to the provisions of paragraph
[28]
25 of the Land Reforms Regulation [1972], the land-lord
and the tenant shall share the produce in the same ratio in
which they used to share it on the 20th day of December,
1971].

Produce rent
16. Presumption with respect to produce removed
before division or appraisement.– Where rent is taken by
division or appraisement of the produce, if the tenant
removes any portion of the produce at such a time or in such
a manner as to prevent the due division or appraisement
thereof, or deals therewith in a manner contrary to
established usage, the produce may be deemed to have been
as the fullest crop of the same description on similar land in
the neighbourhood for that harvest.
17. Appointment of referee for division or
appraisement.– If either the land-lord or the tenant
neglects to attend, either personally, or by agent, at the
proper time for making the division or appraisement of the
produce, or if there is a dispute about the division or
appraisement, a revenue officer may, on the application of
either party, appoint such person as he thinks fit to be a
referee to divide or appraise the produce.

18. Appointment of assessors and procedure of

referee.– (1) When a Revenue Officer appoints referee
under the last foregoing section, he may, in his discretion,
give him instructions with respect to the association with
himself of any other persons as assessors, the number,
qualifications and selection of those assessors and the
procedure to be followed in making the division or
appraisement.
(2) The referee so appointed shall make the division or
appraisement in accordance with any instructions which he
may have received from the Revenue Officer under the last
foregoing sub-section.
(3) Before making the division or appraisement, the
referee shall give notice to the land-lord and the tenant of the
time and place at which the division or appraisement will be
made, but if either the land-lord or the tenant fails to attend
either personally or by agent, the referee may proceed ex
parte.
(4) For the purpose of making the division or
appraisement, the referee, with his assessors, if any, may
enter upon any land on which or into any building in which
the produce is.

19. Procedure after division or appraisement.– (1) The

result of the division or appraisement shall be recorded and
signed by the referee, and the record shall be submitted to
the Revenue Officer.
(2) The Revenue Officer shall consider the record, and,
after such further inquiry, if any, as he may deem necessary,
shall make an order either confirming or varying the
division or appraisement.
(3) The Revenue Officer shall also make such order as to
the costs of the reference as he thinks fit.
(4) The costs may include the remuneration of the referee
and of the assessors, if any, and may be levied from the
applicant before the appointment of the referee subject to
adjustment at the close of the proceedings.

20. Enhancement of produce rents of occupancy

tenants.– Where the rent of a tenant having a right of
occupancy in any land is a share of the produce, or of the
appraised value thereof, with or without an addition in
money, or is paid according to rates fixed with reference to
the nature of the crops grown, or is a rent in gross payable
in kind, the tenant shall be entitled to occupy the land at
that rent:
Provided that, when the land or any part thereof
previously not irrigated or flooded becomes irrigated or
flooded, the rent in respect of the land or part may, subject
to the provisions of this Act, be enhanced to the share or
rates, or with reference to the rent in gross, as the case may
be, paid by tenants, having a similar right of occupancy, for
irrigated or flooded land of a similar description and with
similar advantages.

21. Reduction of rents referred to in the last foregoing

section.– When the land, or any part of the land, held by a
tenant having a right of occupancy to whom the last
foregoing section applies ceases to be irrigated or flooded,
the rent payable in respect of the land or part may be
reduced to the share or rates, or with reference to the rent in
gross, as the case may be, paid by tenants, having a similar
right of occupancy, for unirrigated or unflooded land of
similar description and with similar advantages.

Cash-rents paid by tenants having rights of occupancy

22. Enhancement of cash rents of occupancy tenants.–
(1) Where a tenant having a right of occupancy pays his rent
entirely by a cash rate on a recognized measure of area or
by a cash rent in gross on his tenancy, the rent may be
enhanced on the ground that after deduction therefrom of
the land revenue of, and the rates and cesses chargeable on
the tenancy, it is–
(a) if the tenant belongs to the class specified in clause
(a) of sub-section (1) of section 5, less than two annas
per rupee of the amount of the land revenue;
(b) if he belongs to any of the classes specified in clauses
(b), (c) and (d) of that sub-section, less than six annas
per rupee of the amount of the land revenue;
(c) if he belongs to the class specified in section 6, or if
his right of occupancy is established under section 8
and his rent is not regulated by contract, less than
twelve annas per rupee of the amount of the land
revenue.
 (2) In a case to which sub-section (1) applies, the rent may
be enhanced to an amount not exceeding two, six or twelve
annas per rupee of the amount of the land revenue, as the
case may be, in addition to the amount of the land revenue of
the tenancy and the rates and cesses chargeable thereon.
[29]
[(3) For the purposes of this section, a muqarraridar shall
be deemed to be a tenant of the class specified in clause (a) of
sub-section (1) of section 5].
23. Reduction of rent referred to in the last foregoing
section.– The rent payable by a tenant to whom the last
foregoing section applies may be reduced on the ground
that the productive powers of his tenancy have been
decreased by a cause beyond his control.

General provisions relating to suits

for enhancement or reduction of rent
24. Enhancement and reduction of rent by suit.– (1) A
Revenue Court, on the suit of either land-lord or tenant,
may, subject to the provisions of this and other sections of
this Act, enhance or reduce the rent of any tenant having a
right of occupancy.
(2) Where a decree for the enhancement of the rent of
such a tenant has been passed under the Punjab Tenancy
Act, 1868, a suit for a further enhancement of his rent shall
not lie till the expiration of five years from the date of the
decree, unless in the meantime the local area in which the
land comprised in the decree, is situate, has been generally
reassessed and the revenue payable in respect of that land
has been increased.
(3) Subject to the provisions of sub-section (2), a suit
instituted for the enhancement of the rent of a tenant
having a right of occupancy shall not be entertained in
either of the following cases, namely:-
(a) if within the ten years next preceding its institution
his rent has been commuted under section 13 or
enhanced under this section;
(b) if within that period a decree has been passed
under this Act dismissing on the merits a suit for
the enhancement of his rent;
unless the land or some part of the land comprised in his
tenancy, not having been irrigated, or flooded at the time of
such commutation, enhancement or decree, has become
irrigated or flooded.
[30]
[(4) For the purposes of this section a muqarraridar
shall be deemed to be a tenant having a right of occupancy].

25. Discretion as to extent of enhancement or

reduction.– In enhancing or reducing the rent of any land,
under the foregoing provisions of this Chapter, the Court
shall, within the limits prescribed by those provisions,
enhance or reduce the rent to such an amount as it considers
fair and equitable, but shall not in any case fix the rent at a
sum less than the amount of the land revenue of the land and
the rates and cesses chargeable thereon.

26. Time for enhancement or reduction to take effect.–

(1) Unless the Court decreeing an enhancement of rent
otherwise directs, the enhancement shall take effect from
the commencement of the agricultural year next following
the date of the decree.
(2) A Court decreeing a reduction of rent shall specify in
the decree the date on and from which the reduction is to
take effect.

Adjustment of rents expressed in terms of the land-revenue.

27. Adjustment of rents expressed in terms of the land
revenue.– (1) Where the rent of a tenancy is the whole or a
share of the land revenue thereof, with or without an
addition in money, kind or service and the land revenue of
the holding in which the tenancy is situate is altered, a
[31]
Revenue Officer having authority under section [67] of
[32]
the Punjab Land Revenue Act, [1967], to determine the
land revenue payable in respect of the several holdings
comprised in the estate in which the tenancy is situate shall
determine also the amount of the land revenue of the
tenancy, or the proportionate share thereof, payable by the
tenant as rent.
(2) Where an addition referred to in sub-section (1) is a
percentage fixed with reference to the land revenue of the
tenancy, or the whole or a share of the rates and cesses
chargeable thereon, or both, the Revenue Officer shall in like
manner from time to time alter the amount of the addition in
proportion to any alteration of such land revenue or rates
and cesses.
(3) The sum or sums determined under the foregoing sub-
sections, together with any addition previously payable other
than the additions referred to in sub-section (2), shall be the
rent payable in respect of the tenancy until there is again an
alteration of the land revenue thereof or of the rates and cesses
chargeable thereon or until the rent is enhanced by a suit
under this Act.
(4) An alteration of rent under this section shall not be
deemed an enhancement or reduction of rent within the
meaning of this Act.
[33]
[(5) For the purposes of this section a muqarraridar
shall be deemed to be a tenant having a right of occupancy].
[34]
[Adjustment of rents paid by occupancy tenants in Attock
District.
27-A. Adjustment of rents paid by occupancy tenants
in Attock District.– (1) Where a tenant having a right of
occupancy in land in the Attock District pays wholly or
partly in cash a rent not falling within the scope of section
27 and the land revenue of the holding in which the tenancy
is situate is altered–
[35]
a Revenue Officer having authority under section [67]
[36]
of the Punjab Land Revenue Act, [1967], to determine
the land revenue payable in respect of the several
holdings comprised in the estate in which the tenancy is
situate may, by written order, and whether the rent was
fixed by agreement or otherwise; and either upon the
application of such tenant, or his land-lord, or of his own
motion increase or diminish such rent if wholly payable
in cash, or such portion thereof as is payable in cash, to
such extent as appears to the Revenue Officer to be
proper having regard to the matters specified in sub-
section (2).
 (2) In increasing or diminishing the rent of a tenancy
under the provisions of sub-section (1) the Revenue Officer
shall, for the purpose of deciding the extent of such increase
or diminution, take into consideration only–
(i) the land revenue of, and the rates and cesses
chargeable on, the tenancy before the land
revenue of the holding in which it is situated was
altered;
(ii) the land revenue of, and the rates and cesses
chargeable on, the tenancy after such alteration;
and
(iii) the methods by which the assessments of the
land revenue in force before and after such
alteration were calculated and distributed over
the several holdings comprised in the estate in
which the tenancy is situated.
(3) The rent determined as aforesaid shall be the rent
payable in respect of the tenancy until there is again an
alteration of the land revenue thereof or of the rates or
cesses chargeable thereon, or until the rent is enhanced or
reduced by a suit under this Act.
(4) For the purposes of this section a muqarraridar shall
be deemed to be a tenant having a right of occupancy.
(5) An alteration of rent under this section shall not be
deemed as an enhancement or reduction of rent within the
meaning of this Act].

Alteration of rent on alteration of area

28. Alteration of rent on alteration of area.– (1) Every
tenant shall–
(a) be liable to pay additional rent for all land proved to be
in excess of the area for which rent has been previously
paid by him, unless it is proved that the excess is due to
the addition to his tenancy of land which, having
previously belonged to the tenancy, was lost by diluvion
or otherwise without any reduction of the rent being
made; and
(b) be entitled to an abatement of rent in respect of any
deficiency proved to exist in the area of his tenancy as
compared with the area for which rent has been
previously paid by him, unless it is proved that the
 deficiency is due to the loss of land which was added
to the area of the tenancy by alluvion or otherwise,
and that an addition has not been made to the rent in
respect of the addition to the area.
(2) In determining the area for which rent has been
previously paid, the Court shall have regard to the following
among other matters, namely:-
(a) the origin and conditions of the tenant’s occupancy,
for instance whether the rent was a rent in gross or
the entire tenancy;
(b) whether the tenant has been allowed to hold
additional land in consideration of an addition to
his total rent or otherwise with the knowledge and
consent of the land-lord; and
(c) the length of time during which there has been no
dispute as to rent or area.
(3) In adding to or abating rent under this section, the
Court shall add to or abate the rent to such an amount as it
deems to be fair and equitable, and shall specify in its
decree the date on and from which the addition or
abatement is to take effect.
(4) An addition to or abatement of rent under this section
shall not be deemed an enhancement or reduction of rent
within the meaning of this Act.
Remission
29. Remission of rent by Courts decreeing arrears.–
Notwithstanding anything in the foregoing sections of this
Chapter, if it appears to a Court making a decree for an
arrear of rent that the area of a tenancy has been so
diminished by diluvion or otherwise, or that the produce
thereof has been so diminished by drought, hail, deposit of
sand or other like calamity, that the full amount of rent
payable by the tenant cannot be equitably decreed, the Court
may, with the previous sanction of the Collector, allow such
remission from the rent payable by the tenant as may appear
to it to be just.
30. Remission and suspension of rent consequent on
[37]
like treatment of land revenue.– [(1) Whenever the
payment of the whole or any part of the land revenue
payable in respect of any land is remitted or suspended, a
Revenue Officer may, if the rent be payable in cash or be
rent payable in kind of which the amount is fixed, by order,
remit or suspend, as the case may be, the payment of the
rent of that land to an amount which may bear the same
proportion to the whole of the rent payable in respect of the
land as the land revenue of which payment has been
remitted or suspended bears to the whole land revenue
payable in respect of land:
Provided that in the case of an occupancy tenant, whose
rent is of the nature hereinbefore in this sub-section
described, the remission or suspension of the land revenue
payable in respect of the land shall, in the absence of a
written order by a Revenue Officer to the contrary carry
with it a proportionate remission or suspension, as the case
may be, of his rent.
When the payment of the rent of any kind has been
suspended under this clause it shall remain under
suspension until the Collector orders the revenue of that
land to be realized].
(2) An order passed under sub-section (1) shall not be
liable to be contested by suit in any Court.
(3) A suit shall not lie for the recovery of any rent of
which the payment has been remitted or during the period
of suspension, of any rent of which the payment has been
suspended.
(4) Where the payment of rent has been suspended, the
period during which the suspension has continued shall be
excluded in the computation of the period of limitation
prescribed for a suit for the recovery of the rent.
[38]
[(5) If the land-lord collects from a tenant any rent of
which the payment has been remitted, or is under
suspension, the Revenue Officer may recover from the land-
lord the amount or value of the rent so collected, and may
also recover by way of penalty a further sum not exceeding
such amount or value, and may cause to be refunded to the
tenant the amount or value of the rent so collected from
him].
(6) The provisions of this section relating to the remission
and suspension of the payment of rent may be applied, so far as
they can be made applicable, to land of which the land revenue
has been released, compounded for or redeemed in any case in
which if the land revenue in respect of the land had not been
released, compounded for, or redeemed, the whole or any part
of it might, in the opinion of the Revenue Officer, be remitted or
suspended under the rules for the time being in force for
regulating the remission and suspension of land revenue.
[39]
[(7) Any sum of which the recovery is ordered under
sub-section (5) on account of rent or penalty may be
recovered by the Collector as if it were an arrear of land
revenue].
Deposits
31. Power to deposit rent in certain cases with Revenue
Officer.– In either of the following cases, namely:-
(a) when a land-lord refuses to receive or grant a receipt
for, any rent payable in money when tendered to him
by a tenant;
(b) when a tenant is in doubt as to the person entitled to
receive rent payable in money,
the tenant may apply to a Revenue Officer for leave to
deposit the rent in his office, and the Revenue Officer shall
receive the deposit, if, after examining the applicant, he is
satisfied that there is sufficient ground for the application
and if the applicant pays the fee, if any, chargeable for the
issue of the notice next hereinafter referred to.
32. Effect of depositing rent.– (1) When a deposit has been
so received it shall be deemed to be a payment made by the
tenant to his land-lord in respect of rent due.
(2) The Revenue Officer receiving the deposit shall give
notice of the receipt thereof to every person who, he has
reason to believe, claims or is entitled to the deposit, and may
pay the amount thereof to any person appearing to him to be
entitled thereto, or may, if he thinks fit, retain the deposit
pending the decision of a competent Court as to the person so
entitled.
(3) No suit or other proceeding shall be instituted against
[40] [41]
the [Government], or against [any servant of the State], in
respect of anything done by a Revenue Officer under this
section, but nothing in this sub-section shall prevent any person
entitled to receive the amount of any such deposit from
recovering it from a person to whom it has paid by a Revenue
Officer.

Recovery of rent from attached produce

33. Recovery of rent from attached produce.– (1) If an
order is made by any Court for the attachment of the
produce of a tenancy, or of any part of a tenancy, the land-
lord may apply to the Revenue Officer by whom the
attachment is to be or has been made to sell the produce
and pay to him out of the proceeds of the sale thereof the
amount or value of–
(a) any rent which has fallen due to him in respect of the
tenancy within the year immediately preceding the
application, and
(b) the rent which will be falling due after the
harvesting of the produce and is chargeable against it.
(2) The Revenue Officer shall give the person at whose
instance the attachment was made an opportunity of
showing cause why the application of the land-lord should
not be granted, and, if he finds the land-lord’s claim to the
whole or any part of the rent to be proved, he shall cause the
produce or such portion thereof as he may deem necessary to
be sold, and shall apply the proceeds of the sale in the first
instance to satisfy the claim.
(3) The finding of the Revenue Officer under sub-section
(2) shall have the force of a decree in a suit between the
land-lord and the tenant.

Leases for period exceeding term of assessment of land

revenue
34. Treatment of leases for period exceeding or equal
to term of assessment of land revenue.– (1) Where a
lease has been granted, or an agreement has been entered
into, by a land-owner in respect of any land assessed to land
revenue fixing for a period exceeding the term for which
the land revenue has been assessed, the rent or other sum
payable in respect of the land under the lease or agreement,
and that term has expired, the lease or agreement shall be
voidable–
 (a) at the option of the land-owner if the land revenue of
the land has been enhanced and the person to whom
the lease has been granted or with whom the
agreement has been entered into refuses to pay such
rent or other sum, as a Revenue Court, on the suit of
[42]
the land-owner determines to be fair and equitable
[or a Revenue Officer under the provisions of section
27-A has determined to be proper]; and
where the relation of land-lord and tenant exists between
the grantor and grantee of the lease or between the persons
who entered into the agreement–
(b) at the option of the tenant if the land revenue of the
land has been reduced and the land-lord refuses to
accept such rent as a Revenue Court, on the suit of the
[43]
tenant, determines to be fair and equitable [or a
Revenue Officer under the provisions of section 27-A
has determined to be proper].
(2) Any agreement relative to the occupation, rent,
profits or produce of any land which has been entered into
for the term of the currency of an assessment shall, unless a
contrary intention clearly appears in the agreement or the
agreement is terminated by consent of parties or course of
law, continue in force until a revised assessment takes
effect.

CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT
Relinquishment
35. Relinquishment by tenant for a fixed term.– A tenant
holding for a fixed term under a contract or a decree or
order of competent authority may relinquish his tenancy
without notice at the end of that term.

36. Relinquishment by any other tenant.– (1) Any other

tenant may relinquish his tenancy by giving verbally or in
writing to his land-lord, or to his land-lord’s agent, on or
before the fifteenth day of January in any year, notice of his
intention to relinquish the tenancy at the end of the
agricultural year then current.
 (2) The tenant may, instead of or in addition to, giving
the notice in the manner mentioned in sub-section (1), apply
to a Revenue Officer on or before the date aforesaid to cause
the notice to be served on the land-lord and the Revenue
Officer on receiving the cost of service from the tenant, shall
cause the notice to be served as soon as may be.
(3) If the tenant does not give notice in the manner
prescribed in this section, he shall be liable to pay the rent
of his tenancy for any part of the ensuing agricultural year
during which the tenancy is not let by the land-lord to some
other person or is not cultivated by the land-lord himself.

37. Relinquishment of part only of a tenancy.– A tenant

cannot, without the consent of his land-lord, relinquish a
part only of his tenancy.

Abandonment
38. Abandonment of tenancy by occupancy tenant.– (1)
If a tenant having a right of occupancy fails for more than
one year without sufficient cause to cultivate his tenancy,
either by himself or some other person, and to arrange for
payment of the rent thereof as it falls due, the right of
occupancy shall be extinguished from the end of that year.
[44]
[(2) For the purposes of this section, a muqarraridar
shall be deemed to be a tenant having a right of occupancy].

Liability to ejectment
39. Grounds of ejectment of occupancy tenant.– (1) A
tenant having a right of occupancy shall be liable to be
ejected from his tenancy on any of the following grounds,
namely:-
(a) that he has used the land comprised in the tenancy in
a manner which renders it unfit for the purposes for
which he held it;
(b) where rent is payable in kind, that he has without
sufficient cause failed to cultivate that in the manner
or to the extent customary in the locality in which the
land is situate;
(c) when a decree for an arrear of rent in respect of his
tenancy has been passed against him and remains
 unsatisfied.
[45]
[(2) For the purposes of this section a muqarraridar
shall be deemed to be tenant having a right of occupancy].

40. Grounds of ejectment of tenant for a fixed term.– A

tenant not having a right of occupancy but holding for a
fixed term under a contract or a decree or order of
competent authority, shall be liable to be ejected from his
tenancy at the expiration of that term, and, on any of the
following grounds, before the expiration thereof, namely:-
(a) that he has used the land comprised in the tenancy in
a manner which renders it unfit for the purposes for
which he held it;
(b) where rent is payable in kind, that he has without
sufficient cause failed to cultivate that land in the
manner or to the extent customary in the locality in
which the land is situate;
(c) on any ground which would justify ejectment under
the contract, decree or order.

41. Ejectment of tenant from year to year.– A tenant

who has not a right of occupancy, and does not hold for a
fixed term under a contract or a decree or order of
competent authority, may be ejected at the end of any
agricultural year.

Procedure on ejectment
42. Restriction on ejectment.– A tenant shall not be ejected
otherwise than in execution of a decree for ejectment, except
in the following cases, namely:-
(a) when a decree for an arrear of rent in respect of his
tenancy has been passed against him and remains
unsatisfied;
(b) when the tenant has not a right of occupancy and does
not hold for a fixed term under a contract or a decree or
order of competent authority.

43. Application to Revenue Officer for ejectment.– In

any such case as is mentioned in clause (a) or clause (b) of
the last foregoing section, the land-lord may apply to a
Revenue Officer for the ejectment of the tenant in the case
mentioned in the former clause or for the service on the
tenant of a notice of ejectment in the case mentioned in the
latter clause.

44. Ejectment for failure to satisfy decree for arrear of

rent.– (1) On receiving the application in any such case as is
mentioned in clause (a) of section 42, the Revenue Officer
shall, after such inquiry with respect to the existence of the
arrear as he deems necessary, cause a notice to be served on
the tenant, stating the date of the decree and the amount due
thereunder, and informing him that if he does not pay that
amount to the Revenue Officer within fifteen days from
receipt of the notice he will be ejected from the land.
(2) If the amount is not so paid the Revenue Officer shall,
subject to the provisions of this Act with respect to the
payment of compensation, order the ejectment of the tenant
unless good cause is shown to the contrary.

45. Ejectment of tenant from year to year by notice.–

(1) On receiving the application of the land-lord in any such
case as is mentioned in clause (b) of section 42, the Revenue
Officer shall, if the application is in order and not open to
objection on the face of it, cause a notice of ejectment to be
served on the tenant.
(2) A notice under sub-section (1) shall not be served
[46]
after the fifteenth day of November in any [agricultural]
year.
(3) The notice shall specify the name of the land-lord on
whose application it is issued, and describe the land to
which it relates, and shall inform the tenant that he must
vacate the land before the first day of May next following, or
that, if he intends to contest his liability to ejectment, he
must institute a suit for this purpose in a Revenue Court
within two months from the date of the service of the notice.
(4) The notice shall also inform the tenant that if he does
not intend to contest his liability to be ejected and he has
any claim for compensation on ejectment, he should within
two months from the date of the service of the notice prefer
his claim to the Revenue Officer having authority under the
next following sub-section to order his ejectment in the
circumstances described in that sub-section.
(5) If within two months from the date of the service of
the notice the tenant does not institute a suit to contest his
liability to be ejected, a Revenue Officer, on the application
of the land-lord, shall, subject to the provisions of this Act
with respect to the payment of compensation, order the
ejectment of the tenant:
Provided that the Revenue Officer shall not make the
order until he is satisfied that the notice was duly served on
the tenant.
(6) If within those two months the tenant institutes a suit
to contest his liability to be ejected and fails in the suit, the
Court by which the suit is determined shall by its decree
direct the ejectment of the tenant.
[47]
46. Power to make rules.– The [Board of Revenue] may
make rules prescribing–
(a) the form and language of applications and notices
under the two last foregoing sections; and
(b) the manner in which those applications and notices
are to be signed and attested.

General provisions respecting ejectment

47. Time for ejectment.– A decree or order for the
ejectment of a tenant shall not be executed at any other
time than between the first day of May and the fifteenth day
of June (both days inclusive), unless the Court making the
decree or where the order is made under section 44, the
officer making the order, otherwise directs.
48. Relief against forfeiture.– (1) If in a suit for the ejectment
of a tenant on either of the grounds mentioned in clauses (a)
and (b) of section 39 or of section 40 it appears to the Court that
injury caused by the act or omission on which the suit is based
is capable of being remedied, or that an award of compensation
will be sufficient satisfaction to the land-lord therefor, the
Court may, instead of making a decree for the ejectment of the
tenant, order him to remedy the injury within a period to be
fixed in the order, or order him to pay into Court, within such a
period, such compensation as the Court thinks fit.
 (2) The Court may from time to time, for special reasons,
extend a period fixed by it under sub-section (1).
(3) If within the period, or extended period, as the case
may be, fixed by the Court under this section, the injury is
remedied or the compensation is paid, a decree for the
ejectment of the tenant shall not be made.

49. Rights of ejected tenants in respect of crops and

land prepared for sowing.– (1) Where at the time of the
proposed ejectment of a tenant from any land, his uncut or
ungathered crops are standing on any part thereof, he shall
not be ejected from that part until the crops have ripened
and he has been allowed a reasonable time to harvest them.
(2) The Court or Revenue Officer decreeing or ordering
the ejectment of the tenant may, on the application of the
land-lord, determine any dispute arising in consequence of
the provisions of sub-section (1) between the land-lord and
tenant or between the land-lord and any person entitled to
harvest the crops of the tenant, and may in its or his
discretion–
(a) direct that the tenant pays for the longer
occupation of the land secured to him under sub-
section (1) such rent as may be fair and equitable,
or
(b) determine the value of the tenant’s uncut and
ungathered crops, and, on payment thereof by the
land-lord to the Court or Revenue Officer,
forthwith eject the tenant.
(3) When a tenant for whose ejectment proceedings
have been taken has, conformably with local usage,
prepared for sowing any land comprised in his tenancy, but
has not sown or planted crops on that land, he shall be
entitled to receive from the land-lord before ejectment a
fair equivalent in money for the labour and capital
expended by him in so preparing the land, and the Court or
Revenue Officer before which or whom the proceedings are
pending shall, on the application of the tenant, determine
the sum payable to the tenant under this sub-section and
stay his ejectment until that sum has been paid to him.

Relief for wrongful dispossession

50. Relief of wrongful dispossession or ejectment.– In
either of the following cases, namely:-
(a) if a tenant has been dispossessed without his consent
of his tenancy or any part thereof otherwise than in
execution of a decree or than in pursuance of an
order under section 44 or section 45,
(b) if a tenant who, not having instituted a suit under
section 45, has been ejected from his tenancy or any
part thereof in pursuance of an order under that
section denies his liability to be ejected,
the tenant may, within one year from the date of his
dispossession or ejectment, institute a suit for recovery of
possession or occupancy, or for compensation or for both.
[48]
[50-A. Bar to civil suits.– No person whose ejectment
has been ordered by a Revenue Court under section 45, sub-
section (6), or whose suit has been dismissed under section
50, may institute a suit in a Civil Court to contest his liability
to ejectment, or to recover possession or occupancy rights,
or to recover compensation].
51. Bar of relief by suit under section 9, Act I of 1877.–
Possession of a tenancy or of any land comprised in a tenancy
shall not be recoverable under section 9 of the Specific Relief
Act, 1877, by a tenant dispossessed thereof.

Power to vary dates prescribed by this Chapter

52. Power of Provincial Government to fix dates for certain
[49]
purposes.– (1) The [Provincial Government] may, for all or
any of the territories under its administration, by notification,
fix for the purposes of sections 36, 46 and 47, or of any of those
sections, any other dates instead of those specified therein.
(2) A notification under this section shall not take effect
till after the expiration of six months from the date of the
publication thereof.
CHAPTER V
ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY
Alienation
[50]
[52-A. Provisions of Chapter V not to apply to
muqarraridars.– The provisions of this Chapter shall not
apply to muqarraridars].

53. Private transfer of right of occupancy under section 5

by tenant.– (1) A tenant having right of occupancy under
section 5 may transfer that right by sale, gift or mortgage,
subject to the conditions mentioned in the section.
(2) If he intends to transfer the right by sale, gift,
mortgage by conditional sale or usufructuary mortgage, he
shall cause notice of his intention to be served on his land-
lord through a Revenue Officer, and shall defer proceeding
with the transfer for a period of one month from the date on
which the notice is served.
(3) Within that period of one month the land-lord may
claim to purchase the right at such value as a Revenue
Officer may, on application made to him in this behalf, fix.
(4) When the application to the Revenue Officer is to fix
the value of a right of occupancy which is already
mortgaged, he shall fix the value of the right as if it were not
mortgaged.
(5) the land-lord shall be deemed to have purchased the
right if he pays the value to the Revenue Officer within such
time as that officer appoints.
(6) On the value being so paid, the right of occupancy
shall be extinct, and the Revenue Officer shall, on the
application of the land-lord, put the land-lord in possession
of the tenancy.
(7) If the right of occupancy was already mortgaged, the
tenancy shall pass to the land-lord unencumbered by the
mortgage, but the mortgage-debt shall be a charge on the
purchase money.
(8) If there is no such charge as aforesaid the Revenue
Officer shall, subject to any directions which he may receive
from any Court, pay the purchase-money to the tenant.
(9) If there is such a charge the Revenue Officer shall,
subject as aforesaid either apply in discharge of the
mortgage-debt so much of the purchase-money as is
required for that purpose and pay the balance, if any, to the
tenant, or retain the purchase-money pending the decision
of a Civil Court as to the person or persons entitled thereto.
(10) Where there are several land-lords of a tenancy, any
one of them may be deemed to be the land-lord for the
purposes of this section.
(11) No suit or other proceeding shall be instituted
[51] [52]
against the [Government] or against [any servant of
the State], in respect of anything done by a Revenue Officer
under the two last foregoing sub-sections, but nothing in this
sub-section shall prevent any person entitled to receive the
whole or any part of the purchase-money from recovering it
from a person to whom it has been paid by a Revenue
Officer.
54. Procedure on foreclosure of mortgage of right of
occupancy under section 5.– Where a mortgagee of a right
of occupancy under section 5 proposes to foreclose his
mortgage, or otherwise enforce his lien on the land subject to
the right, the provisions of the last foregoing section shall, so
far as they can be made applicable, apply as if the mortgagee
were the tenant.
55. Sale of right of occupancy under section 5 in
execution of decree.– (1) A right of occupancy under
section 5 may be sold in execution of a decree or order of a
Court.
(2) But notice of an intended sale of any such right shall be
given by the Court to the land-lord, and, if at any time before the
close of the day on which the sale takes place the land-lord pays
to the Court or to the officer conducting the sale a deposit of
twenty-five per centum on the highest bid made at the sale, he
shall be declared to be the purchaser instead of the person who
made that bid.

56. Transfer of right of occupancy under any other

section than section 5.– A right of occupancy under any other
section than section 5 shall not be attached or sold in execution
of a decree or order of any Court or, without the previous
consent in writing of the land-lord, be transferred by private
contract.
57. Rights and liabilities of transferee of right of
occupancy.– When a right of occupancy has been
transferred by sale, gift or usufructuary mortgage to a
person other than the land-lord, that person shall, in respect
of the land in which the right subsists, have the same rights,
and be subject to the same liabilities as the tenant to whom
before the transfer of the right had belonged, and was
subject to.

58. Sub-letting.– (1) A tenant having a right of occupancy

in land may, subject to the provisions of this Act and to the
conditions of any written contract between him and his
land-lord, sublet the land or any part thereof for any term
not exceeding seven years.
(2) A person to whom land is sublet by a tenant having a
right of occupancy therein shall, in respect of that land, and
so far as regards the land-lord be jointly with the tenant,
subject to all the liabilities of the tenant under this Act.
[53]
[58-A. Transfer of right of occupancy under any
section of the Act by exchange.– (1) Any tenant with a right
of occupancy may, with the consent of his land-lord, transfer
his land to all the members of a Co-operative Society for the
consolidation of holdings of which both he and his land-lord
are members and obtain from them any other land in
exchange.
(2) Notwithstanding anything contained in this Act or
any other enactment in force, any land obtained in
exchange in pursuance of the provisions of sub-section (1)
shall be deemed to be subject to the same right of occupancy
as the land given for it in exchange].
Succession
[54]
[59. Succession to right of occupancy.– (1) When a
Muslim tenant having a right of occupancy in any land dies,
the right shall devolve on his heirs in accordance with the
provisions of the Muslim Personal Law (Shariat):
Provided that when the occupancy rights are held by a
female as a limited owner under Customary Law, 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.
(2) When a non-Muslim tenant having a right of
occupancy dies, the right shall devolve–
(a) on his male lineal descendants, if any, in the male
line of descent; and
(b) failing such descendants, on his widow, if any,
until she dies or remarries or abandons the land or
is under the provisions of this Act ejected
therefrom; and
(c) failing such descendants and widow or his
widowed mother, if any, until she dies or
remarries or abandons the land or is under the
provisions of this Act ejected therefrom; and
(d) failing such descendants and widow, or widowed
mother or if the deceased tenant left a widow or
widowed mother, then when her interest terminates
under clause (b) or (c) of this sub-section, on his male
collateral relatives in the male line of descent from
the common ancestor of the deceased tenant and
those relatives:
Provided with respect to clause (b) of this sub-section,
that the common ancestor occupied the land.
Explanation– For the purpose of clause (d), land obtained
in exchange by the deceased tenant or any of his
predecessors-in-interest in pursuance of the provisions of
sub-section (1) of section 58-A shall be deemed to have been
occupied by the common ancestor if the land given for it in
exchange was occupied by him.
(3) As among descendants and collateral relatives
claiming under sub-section (2) the right shall subject to the
provisions of that sub-section, devolve as if it were land left
by the deceased in the village in which the land subject to
the right is situate.
(4) When the widow of a deceased tenant succeeds to a
right of occupancy under sub-section (2), she shall not
transfer the right by sale, gift or mortgage or by sub-lease
for a term exceeding one year.
(5) If a deceased tenant has left no person on whom his
right of occupancy may devolve under sub-section (1) or
sub-section (2), as the case may be, the right shall be
extinguished].
Irregular transfers
60. Irregular transfer of right of occupancy.– Any
transfer made of a right of occupancy in contravention of
the foregoing provisions of this Chapter shall be voidable at
the instance of the land-lord.

[55]
[CHAPTER V- A]
[56]
[Succession to Non-occupancy Tenancies]
[57]
[60-A. Succession to non-occupancy tenancies.– (1)
Where a tenant, not being a tenant of land reserved by the
land-lord for personal cultivation under any law for the time
being in force, not having a right of occupancy and not holding
land for any fixed term under a contract or a decree or order
of a competent authority dies, the tenancy shall,
notwithstanding anything to the contrary in any law for the
time being in force, devolve on his preferred heir, if any, and
failing such preferred heir on his eldest male child.
Explanation– A preferred heir means any male child
named in writing by the deceased tenant as such.
(2) If the deceased tenant has left no such persons as are
mentioned in sub-section (1) on whom the right of tenancy
may devolve under that sub-section, the right shall be
extinguished].

CHAPTER VI
IMPROVEMENTS AND COMPENSATION
Improvements by land-lords
61. Improvements by land-lords on tenancies of
occupancy tenants.– (1) Without the previous permission
of the Collector, a land-lord shall not make an improvement
on the tenancy of a tenant having a right of occupancy.
(2) If a land-lord desires to make such an improvement, he
may apply to the Collector for permission to make it, and the
Collector shall, before making an order on the application,
hear the objection, if any, of the tenant.
(3) In making an order on an application under sub-
section (2) the Collector shall be guided by such rules, if any,
[58] [59]
as the [Provincial Government] may [* * *] make in
this behalf.

62. Enhancement of rent in consideration of an

improvement made by a land-lord on the tenancy of an
occupancy tenant.– (1) When a land-lord has, with the
permission mentioned in the last foregoing section, made an
improvement on the tenancy of a tenant having a right of
occupancy, he may apply to the Collector for an enhancement
of the rent of the tenant.
(2) If the tenant is a tenant to whom section 20 applies,
the Collector shall enhance his rent to the share or rates, or
with reference to the rent in gross, as the case may be, paid
by tenants, having a similar right of occupancy, for land of a
similar description and with similar advantages.
(3) If the tenant is a tenant to whom section 22 applies,
the Collector shall enhance his rent to such amount as the
tenant would be liable to pay under that section if the land
revenue were reassessed.
(4) When the improvement ceases to exist, the Collector
may, on the application of the tenant, reduce the tenant’s
rent–
(a) in the case of a tenant to whom sub-section (2)
applies, to the share or rates, or with reference to
the rent in gross, as the case may be, paid by
tenants, having a similar right of occupancy for land
of a similar description and with similar
advantages; and
(b) in the case of a tenant to whom sub-section (3)
applies, to such an amount as the tenant would be
 liable to pay if the land revenue were re-assessed.
(5) Sections 25 and 26 shall be construed as applying to
an application, under this section, and a suit shall not lie in
any Court for any purpose for which an application might be
made under this section.
Improvements by tenants
63. Title of occupancy tenant to make improvements.– A
tenant having a right of occupancy is entitled to make
improvements on his tenancy.

64. Title of tenants not having right of occupancy to

make improvements.– (1) A tenant not having a right of
occupancy may make improvements on his tenancy with the
assent of his land-lord.
(2) If at any time the question arises whether or not the
land-lord assented to the making of an improvement by a
tenant not having a right of occupancy, the assent may be
inferred from circumstances.

65. Improvements made before commencement of this

Act.– Improvements made by a tenant before the
commencement of this Act shall be deemed to have been made
in accordance with this Act, unless in the case of a tenant not
having a right of occupancy it is shown that the improvement
was made in contravention of a written agreement between
him and his land-lord.
66. Improvements begun in anticipation of ejectment.– A
tenant ejected in execution of a decree, or in pursuance of a
notice of ejectment, shall not be entitled to compensation for
any improvement begun by him after the institution of the
suit, or service of the notice, which resulted in his ejectment.

67. Tender of lease for twenty years to tenant to be a

bar to right to compensation.– If a land-lord tenders to a
tenant lease of his tenancy for a term of not less than twenty
years from the date of the tender at the rent then paid by
the tenant or of such other rent as may be agreed on, the
tender, if accepted by the tenant, shall bar any claim by him
to compensation in respect of improvement previously
made on the tenancy.
68. Liability to pay compensation for improvements to
tenants on ejectment or on enhancement of his rent.–
Subject to the foregoing provision of this Chapter, a tenant
who has made an improvement on his tenancy in
accordance with this Act shall not be ejected, and the rent
payable by him shall not be enhanced, until he has received
compensation for the improvement.

Compensation for disturbance of clearing tenants

69. Compensation for disturbance of clearing tenants.–
(1) A tenant who has cleared and brought under cultivation
waste land in which he has not a right of occupancy shall, if
ejected from that land, be entitled to receive from the land-
lord as compensation for disturbance, in addition to any
compensation for improvements, a sum to be determined by
Revenue Court or Revenue Officer in accordance with the
merits of the case, but not exceeding five years’ rent of the
land:
Provided that a tenant who is a joint owner of land to
which this section applies shall not be entitled to
compensation for disturbance on ejectment from the land or
any part thereof.
(2) If rent has been paid for the land by division or
appraisement of the produce or by rates fixed with
reference to the nature of the crops grown, or if no rent, or
no rent other than the land revenue of the land and the
rates and cesses chargeable thereon, has been paid
therefor, the compensation may be computed as if double
the amount of the land revenue of the land were the annual
rent thereof:
[60]
[Provided that in any estate of which the assessment
has been confirmed on or after the twenty-second day of
February, 1929, the compensation may be computed as if
four times the amount of the land revenue of the land were
the annual rent thereof].

Procedure in determining compensation

70. Determination of compensation by Revenue Court.–
(1) In every suit by a tenant to contest his liability to
ejectment or by a land-lord to eject tenant or to enhance his
rent, the Court shall direct the tenant to file a statement of
his claim, if any, to compensation for improvement or for
disturbance and of the grounds thereof.
(2) If the Court decrees the ejectment of the tenant or
the enhancement of his rent, it shall determine the amount
of compensation, if any, due to the tenant, and shall stay
execution of the decree until the land-lord pays into Court
that amount less any arrears of rent or costs proved to the
satisfaction of the Court to be due to him from the tenant.

71. Determination of compensation by Revenue

Officers.– In either of the following cases, namely:-
(a) When a notice has been served on a tenant under
section 44,
(b) when a notice of ejectment has been served on a
tenant under section 45 and the tenant has not
instituted a suit to contest his liability to be ejected,
the tenant may apply to the Revenue Officer having authority
to order his ejectment under section 44 or section 45, as the
case may be, to determine the amount of compensation due to
him for improvements or for disturbance, or for both, and the
Revenue Officer shall determine the amount, if any, accordingly
and stay the ejectment of the tenant until the land-lord pays to
the Revenue Officer the amount so determined less any arrears
of rent or costs proved to the satisfaction of the Revenue Officer
to be due to the land-lord from the tenant.

72. Matters to be regarded in assessment of

compensation for improvements.– In estimating the
compensation to be awarded under this Chapter to a tenant
for an improvement, the Court or Revenue Officer shall have
regard to–
(a) the amount by which the value or the produce of the
tenancy, or the value of that produce is increased by
the improvement;
(b) the condition of the improvement and the probable
duration of its effect;
(c) the labour and capital required for the making of such
an improvement;
 (d) any reduction or remission of rent or other advantage
allowed to the tenant by the land-lord in consideration
of the improvement; and
(e) in the case of reclamation, or of the conversion of
unirrigated into irrigated land, the length of time
during which the tenant has had the benefit of the
improvement.

73. Form of compensation.– (1) The compensation shall

be made by payment in money, unless the parties agree that
it be made in whole or in part by the grant of a beneficial
lease of land or in some other way.
(2) If the parties so agree, the Court or Revenue Officer
shall make an order accordingly.

Relief in case of ejectment before determination of

compensation
74. Relief in case of ejectment before determination of
compensation.– (1) If from any cause the amount of
compensation payable to a tenant–
(a) under this Chapter for improvements or disturbance,
or
(b) under section 49 of the value of uncut or ungathered
crops or the preparation of land for sowing,
has not been determined before the tenant is ejected, the
ejectment shall not be invalidated by reason of the omission,
but the Court or Revenue Officer which decreed or who
ordered the ejectment may, on application made by the
tenant within one year from the date of ejectment, correct
the omission by making in favour of the tenant an order for
the payment to him by the land-lord of such compensation
as the Court or Officer may determine the tenant to be
entitled to.
(2) An order made under sub-section (1) may be
executed in the same manner as a decree for money may be
executed by a Revenue Court.

CHAPTER VII
JURISDICTION AND PROCEDURE
Jurisdiction
75. Revenue Officers.– (1) There shall be the same classes of
Revenue Officers under this Act as under the Punjab Land
[61]
Revenue Act, [1967], and, in the absence of any order of
[62]
the [Provincial Government] to the contrary, a Revenue
Officer of any class having jurisdiction within any local
limits under that Act shall be a Revenue Officer of the same
class having jurisdiction within the same local limits under
this Act.
[63]
(2) The expressions “Collector” and [Board of
Revenue] have the same meaning in this Act as in the Punjab
[64]
Land Revenue Act, [1967].

76. Applications and proceedings cognizable by

Revenue Officers.– (1) The following applications and
proceedings shall be disposed of by Revenue Officers as
such, and no Court shall take cognizance of any dispute or
matter with respect to which any such application or
proceeding might be made or had:

FIRST GROUP
(a) proceedings under section 27 for the adjustment
of rents expressed in terms of the land revenue;
[65]
[(aa) proceedings under section 27-A for the
adjustment of rents of occupancy tenants in the
Attock District];
(b) proceedings relating to the remission and
suspension of rent under section 30;
(c) applications under section 43 for the ejectment of
a tenant against whom a decree for an arrear of
rent in respect of his tenancy has been passed and
remains unsatisfied;
(d) applications under section 45, sub-section(5), for
the ejectment of a tenant on whom a notice of
ejectment has been served and who has not
instituted a suit to contest his liability to be ejected
but has claimed compensation under section 71;
(e) applications under section 53 or section 54 for the
fixing of the value of a right of occupancy;
 (f) applications under section 53 or section 54 by
land-lords for possession of land, the right of
occupancy in which has become extinct;
(g) proceedings under Chapter VI with respect to the
award of compensation for improvements or
disturbance;

SECOND GROUP
(h) applications under section 17 with respect to the
division or appraisement of produce;
(i) application under section 45, sub-section (5), for
the ejectment of a tenant on whom a notice of
ejectment has been served and who has not
instituted a suit to contest his liability to be ejected
and has not claimed compensation under section
71;
(j) applications for the determination–
(i) under section 49 of the rent payable for land
occupied by crops uncut or ungathered at the
time of an order made for the ejectment of a
tenant, or
(ii) under section 49 or section 74 of the value of
such crops or of the sum payable to the tenant
for labour and capital expended by him in
preparing land for sowing;

THIRD GROUP
(k) applications under section 31 by tenants to deposit
rent;
(l) applications under section 36 for service of notice
of relinquishment;
(m) applications under section 43 for service of notice
of ejectment;
(n) applications under section 53 or section 54 for
service of notice of intended transfer or of
intended foreclosure or other enforcement of lien.
(2) Except as otherwise provided by any rule made by
[66]
the [Board of Revenue] in this behalf–
(a) a Collector or an Assistant Collector of the first
grade may dispose of any of the applications and
 proceedings mentioned in sub-section(1);
(b) an Assistant Collector of the second grade, not
being Naib Tehsildar, may dispose of any of the
applications mentioned in the second and third
applications mentioned in the second and third
groups of that sub-section; and
(c) a Naib Tehsildar, when invested with the powers of
an Assistant Collector of the second grade, may
dispose of any of the applications mentioned in the
third group of that sub-section.

77. Revenue Courts and suits cognizable by them.– (1)

When a Revenue Officer is exercising jurisdiction with
respect to any such suit as is described in sub-section (3), or
with respect to an appeal or other proceeding arising out of
any such suit, he shall be called a Revenue Court.
(2) There shall be the same classes of Revenue Courts as
of Revenue Officers under this Act, and, in the absence of
[67]
any order of the [Provincial Government] to the contrary,
a Revenue Officer of any class having jurisdiction within any
local limits under this Act shall be a Revenue Court of the
same class having jurisdiction within the same local limits.
(3) The following suits shall be instituted in, and heard
and determined by, Revenue Courts, and no other Court
shall take cognizance of any dispute or matter with respect
to which any such suit might be instituted:
[68]
[Provided that–
(1) Procedure where revenue matter is raised in a Civil
Court – where in a suit cognizable by and instituted in
a Civil Court it becomes necessary to decide any matter
which can under this sub-section be heard and
determined only by a Revenue Court, the Civil Court
shall endorse upon the plaint the nature of the matter
for decision and the particulars required by Order VII,
Rule 10, Civil Procedure Code, and return the plaint for
presentation to the Collector;
(2) on the plaint being presented to the Collector, the
Collector shall proceed to hear and determine the
[69]
suit where the value thereof exceeds [rupees ten
 thousand] or the matter involved is of the nature
mentioned in section 77(3), First Group, of the Punjab
Tenancy Act, 1887, and in other case may send the
suit to an Assistant Collector of the first Grade for
decision].

FIRST GROUP
(a) suits between land-lord and tenant for enhancement
or reduction of rent under section 24;
(b) suits between land-lord and tenant for addition to or
abatement of rent under section 28 or for
commutation of rent;
(c) suits under section 34 for the determination of rent
or other sum on the expiration of the term of an
[70]
assessment of land revenue [and suits relating to
the rent to be paid under a mortgage made in
accordance with form (c) as prescribed by section 6 of
the Punjab Alienation of Land Act, 1900];

SECOND GROUP
(d) Suits by a tenant to establish a claim to a right of
occupancy, or by a land-lord to prove that a tenant
has not such a right;
(e) suits by a land-lord to eject a tenant;
(f) suits by a tenant under section 45 to contest liability
to ejectment, when notice of ejectment has been
served;
(g) suits by a tenant under section 50 for recovery of
possession or occupancy, or for compensation, or for
both;
(h) suits by a land-lord to set aside a transfer made of a
right of occupancy, or to dispossess a person to whom
such a transfer has been made, or for both purposes;
(i) any other suit between land-lord and tenant arising
out of the lease or conditions on which a tenancy is
held;
(j) suits for sums payable on account of village cesses or
village expenses;
(k) suits by a co-sharer in an estate or holding for a share
of the profits thereof or for a settlement of accounts;
 (l) suits for the recovery of over payments of rent or
land-revenue or of any other demand for which a suit
lies in a Revenue Court under this sub-section;
[71]
(m) suits relating to the emoluments of kanungos [* *
*] or village officers;

THIRD GROUP
(n) suits by a land-lord for arrears of rent or the money
equivalent of rent, or for sums recoverable under
section 14;
(o) suits by a land-owner to recover moneys claimed as due
for the enjoyment of rights in or over land or in water,
including rights of irrigation, rights over fisheries,
rights of pasturage and forest rights;
(p) suits for sums payable on account of land-revenue or
of any other demand recoverable as an arrear of
land-revenue under any enactment for the time being
in force, and by a superior landowner for other sums
due to him as such.
(4) Except as otherwise provided by any rule made by
[72]
the [Board of Revenue] in this behalf–
(a) a Collector may hear and determine any of the
suits mentioned in sub-section (3);
(b) an Assistant Collector of the first grade may hear
and determine any of the suits mentioned in the
second and third groups of that sub-section, and, if
he has by name been specially empowered in this
[73]
behalf by the [Provincial Government], any of
the suits mentioned in the first group; and
(c) an Assistant Collector of the second grade may
hear and determine any of the suits mentioned in
the third group.
[74]
[(5) The limitation for suits mentioned in sub-section
(3) (Third Group), clause (n), shall be one year from the day
the rent or money equivalent to rent or sums recoverable
become due].
Administrative control
78. Superintendence and control of Revenue Officers
and revenue Courts.– (1) The general superintendence and
[75]
control over all [* * *] Revenue Officers and Revenue
Courts shall be vested in, and all such officers and Courts
[76]
shall be subordinate to the [Board of Revenue].
(2) Subject to the general superintendence and control
[77] [78]
of the [Board of Revenue], [a Commissioner] shall
control all other Revenue Officers and Revenue Courts in his
division.
[79]
(3) Subject as aforesaid and to the control of [the
Commissioner], a Collector shall control all other Revenue
Officers and Revenue Courts in his district.

79. Power to distribute business and withdraw and

[80] [81]
transfer cases.– (1) The [Board of Revenue] or [a
Commissioner] or Collector may by written order distribute,
[82]
in such manner as [it or he thinks fit], any business
cognizable by any Revenue Officer or Revenue Court under
his control.
[83] [84]
(2) The [Board of Revenue] or [a Commissioner] or
Collector may withdraw any case pending before any
[85]
Revenue Officer or Revenue Court under [its or his]
[86]
control, and either dispose of it [itself or himself] or by
written order refer it for disposal to any other Revenue
[87]
Officer or Revenue Court under [its or his] control.
(3) An order under sub-section (1) or sub-section (2) shall
not empower any Revenue Officer or Revenue Court to
exercise any powers or deal with any business which he or
it would not be competent to exercise or deal with within
the local limits of his or its own jurisdiction.

Appeal, Review And Revision

[88]
80. Appeals.– [(1)] Subject to the provisions of this Act and
the rules thereunder, an appeal shall lie from an original or
appellate order or decree made under this Act by a Revenue
Officer or Revenue Court, as follows, namely:-
 (a) to the Collector when the order or decree is made by
an Assistant Collector of either grade;
[89]
(b) to [the Commissioner] when the order or decree is
made by a Collector;
[90]
(c) to the [Board of Revenue only on a point of law]
[91]
when the order or decree is made by [a
Commissioner]:
Provided that–
(i) an appeal from an order or decree made by an
Assistant Collector of the first grade specially
[92]
empowered by name in that behalf by the
[Provincial Government] in a suit mentioned in the first
[93]
group of sub-section (3) of section 77, shall lie to [the
Commissioner] and not to the Collector;
(ii) when an original order or decree is confirmed on
first appeal, a further appeal shall not lie;
(iii) when any such order or decree is modified or
reversed on appeal by the Collector, the order or
[94]
decree made by [the Commissioner] on further
appeal, if any, to him shall be final.
[95]
[(2) An order shall not be confirmed, modified or
reversed in appeal unless reasonable notice has been given
to the parties affected thereby to appear and be heard in
support of or against the order appealed from].

81. Limitation for appeals.– The period of limitation for

an appeal under the last foregoing section shall run from
the date of the order of decree appealed against, and shall
be as follows, that is to say–
(a) when the appeal lies to the Collector – thirty days;
[96]
(b) when the appeal lies to the [Commissioner] – sixty
days;
[97]
(c) when the appeal lies to the [Board of Revenue] –
ninety days.
82. Review by Revenue Officers.– (1) A Revenue Officer, as
such, may either of his own motion or on the application of
any party interested, review, and on so reviewing modify,
reverse or confirm any order passed by himself or by any of
his predecessors-in-office:
Provided as follows:-
[98]
[(a) an order passed by his predecessor-in-office shall
not be reviewed by the–
[99]
(i) [Commissioner] without first obtaining the
sanction of the Board of Revenue,
(ii) Collector without first obtaining the sanction of
[100]
the [Commissioner],
and no order shall be reviewed by any other Revenue
Officer without first obtaining the sanction of the Revenue
Officer to whose control he is immediately subject];
(b) an application for review of an order shall not be
entertained unless it is made within ninety days from
the passing of the order, or unless the applicant
satisfies the Revenue Officer that he had sufficient
cause for not making the application within that
period;
(c) an order shall not be modified or reversed unless
reasonable notice has been given to the parties
affected thereby to appear and be heard in support of
the order;
(d) an order against which an appeal has been preferred
shall not be reviewed.
(2) For the purposes of this section the Collector shall be
deemed to be the successor-in-office of any Revenue Officer
of a lower class who has left the district or has ceased to
exercise powers as a Revenue officer, and whom there is no
successor-in-office.
(3) An appeal shall not lie from an order refusing to
review, or confirming on review, a previous order.

83. Computation of periods limited for appeals and

applications for review.– In the computation of the period
for an appeal from, or an application for the review of, an
order under this Act, the limitation therefor shall be
[101] [102]
governed by the [* * *] Limitation Act, [1908].

84. Power to call for, examine and revise proceedings

[103]
of Revenue Officers and Revenue Courts.– (1) The
[Board of Revenue] may at any time call for the record of
any case pending before, or disposed of by any Revenue
[104]
Officer or Revenue Court subordinate to [it].
[105]
(2) [A Commissioner] or Collector may call for the
record of any case pending before, or disposed of by, any
Revenue Officer or Revenue Court under his control.
[106]
(3) If in any case in which a [* * *] Collector has
called for a record he is of opinion that the proceedings
taken or the order or decree made should be modified or
reversed, he shall submit the record with his opinion on the
[107]
case for the orders of [the Commissioner].
[108]
[(4) If, after examining a record called for under
sub-section (1), or sub-section (2) or submitted under sub-
[109]
section (3), the Board of Revenue or [the Commissioner],
as the case may be, is of the opinion that it is expedient to
interfere with the proceedings or the order or decree, it or
he, as the case may be, shall pass an order accordingly].
[110]
(5) If, after examining the record, the [Board of
Revenue] is of opinion that it is expedient to interfere with
the proceedings or the order or decree on any ground on
[111]
which the [High Court] in the exercise of the revisional
jurisdiction may under the law for the time being in force
interfere with the proceedings or an order or decree of a
[112]
Civil Court, [it] shall fix a day for hearing the case, and
[113]
may, on that or any subsequent day to which [it] may
[114]
adjourn the hearing or which [it] may appoint in this
[115]
behalf, pass such order as [it] thinks fit in the case.
[116]
(6) Except when the [Board of Revenue] fixes under
sub-section (5) a day for hearing the case, no party has any
 [117]
right to be heard before the [Board of Revenue] when
[118]
exercising [its] powers under this section.

Procedure
[119]
85. Procedure of Revenue Officers.– (1) The
[120]
[Provincial Government] may makes rules consistent
with this Act for regulating the procedure of Revenue
Officers under this Act in cases in which a procedure is not
prescribed by this Act.
(2) The rules may provide, among other matters, for the
mode of enforcing orders of ejectment from, and delivery of
possession, of immovable property, and rules providing for
those may confer on a Revenue Officer all or any of the
powers in regard to contempts, resistance and the like
which a Civil Court may exercise in the execution of a
decree whereby it has adjudged ejectment from, or delivery
of possession of, such property.
(3) The rules may also provide for the mode of executing
orders as to costs, and may adapt to proceedings under this Act
[121]
all or any of the provisions of the Punjab Land Revenue Act,
[1967], with respect to arbitration.
(4) Subject to the rules under this section a Revenue
Officer may refer any case which he is empowered to
dispose of under this Act to another Revenue Officer for
investigation and report, and may decide the case upon the
report.

86. Persons by whom appearances may be made before

Revenue Officers as such and not as Revenue Courts.–
(1) Appearances before a Revenue Officer as such, and
applications to and acts to be done before him, under this
Act may be made or done–
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner:
Provided that the employment of a recognized agent or
legal practitioner shall not excuse the personal attendance
of a party to any proceeding in any case in which personal
attendance is specially required by an order of the officer.
 (2) For the purpose of sub-section (1), recognized agents
[122]
shall be such persons as the [Provincial Government]
may by notification declare in this behalf.
(3) The fees of a legal practitioner shall not be allowed as
costs in any proceeding before a Revenue Officer under this
Act, unless that officer considers, for reasons to be recorded
by him in writing, that the fees should be allowed.

87. Costs.– (1) A Revenue Officer may give and apportion

the costs of any proceeding under this Act in any manner he
thinks fit.
(2) But if he orders that the costs of any such proceeding
shall not follow the event, he shall record his reasons for the
order.

[123]
88. Procedure of Revenue Courts.– (1) The
[124]
[Provincial Government] may [* * *] make rules
consistent with this Act for regulating the procedure of
Revenue Courts in matters under this Act for which a
procedure is not prescribed thereby, and by any such rules
direct that any provisions of the Code of Civil Procedure
shall apply, with or without modification to all or any classes
of cases before those Courts.
(2) Until rules are made under sub-section (1) and
subject to those rules when made and to the provisions of
this Act–
(a) the Code of Civil Procedure shall, so far as it is
applicable, apply to all proceedings in Revenue
Courts whether before or after decree; and
[125]
(b) the [Board of Revenue] shall, in respect of
those proceedings, be deemed to be the High Court
within the meaning of that Code, and shall, subject
to the provisions of this Act, exercise, as regards
[126]
the Courts under [its] control, all the powers of
a High Court under the Code.

89. Power of Revenue Officer or Revenue Court to

summon persons.– (1) A Revenue Officer or Revenue Court
may summon any person whose attendance he or it considers
necessary for the purpose of any application, suit or other
business before him or it as a Revenue Officer or Revenue
Court.
(2) A person so summoned shall be bound to appear at
the time and place mentioned in the summons in person or
if the summons so allows, by his recognized agent or a legal
practitioner.
(3) The person attending in obedience to the summons
shall be bound to state the truth upon any matter respecting
which he is examined or makes statements, and to produce
such documents and other things relating to any such matter
as the Revenue Officer or Revenue Court may require.

90. Mode of service of summons.– (1) A summons issued

by a Revenue Officer or Revenue Court shall, if practicable be
served (a) personally on the person to whom it is addressed,
or failing him on (b) his recognized agents, or (c) an adult
male member of his family who is residing with him.
(2) If service cannot be so made, or if acceptance of service
so made is refused, the summons may be served by posting a
copy thereof at the usual or last known place of residence of the
person to whom it is addressed, or, if that person does not
reside in the district in which the Revenue Officer is employed
or the Revenue Court is held, and the case to which the
summons relates has reference to land in that district, then by
posting a copy of the summons on some conspicuous place in or
near the estate wherein the land is situate.
(3) If the summons relates to a case in which persons
having the same interest are so numerous that personal
service on all of them is not reasonably practicable, it may, if
the Revenue Officer or Revenue Court so directs, be served
by delivery of a copy thereof to such of those persons as the
officer or Court nominates in this behalf and by
proclamation of the contents thereof for the information of
the other persons interested.
(4) A summons may, if the Revenue Officer or Revenue
Court so directs, be served on the person named therein,
either in addition to, or in substitution for, any other mode
of service, by forwarding the summons by post in a letter
 [127]
addressed to the person and registered under Part [VI]
[128] [129]
of the [* * *] Post Office Act, [1898].
(5) When a summons is so forwarded in a letter and it is
proved that the letter was properly addressed and duly
posted and registered, the Officer or Court may presume
that the summons was served at the time when the letter
would be delivered in the ordinary course of post.

91. Mode of service of notice, or order or proclamation

or copy thereof.– A notice, order or proclamation, or copy
of any such document, issued by a Revenue Officer or
Revenue Court for service on any person shall be served in
the manner provided in the last foregoing section for the
service of a summons.

92. Additional mode of publishing proclamation.–

When a proclamation relating to any land is issued by a
Revenue Officer or Revenue Court, it shall, in addition to any
other mode of publication which may be prescribed by any
enactment for the time being in force, be made by beat of
drum or other customary method, and by the posting of a
copy thereof on a conspicuous place in or near the land to
which it relates.

93. Joinder of tenants as parties to proceeding relating

to rent.– (1) Any number of tenants cultivating in the same
estate, may in the discretion of the Revenue Officer or
[130]
Revenue Court and subject to any rules which the
[Provincial Government] may make in this behalf, be made
parties to any proceeding under Chapter III.
(2) But a decree or order shall not be made in any such
proceedings unless the Revenue Officer or Revenue Court is
satisfied that all the parties thereto have had an opportunity
of appearing and being heard.
(3) A decree or order made in any such proceeding shall
specify the extent to which each of the tenants is affected
thereby.
94. Exception of suits under this Act from operation of
certain enactments.– Nothing in section 424 of the Code of
[131]
Civil Procedure, or in section 36 of the Punjab Municipal
Act, 1884, shall be construed to apply to a suit of a class
mentioned in section 77 of this Act.

95. Payment into Court of money admitted to be due to

a third person.– (1) When a defendant admits that money
is due from him on account of rent, but pleads that it is due
not to the plaintiff but to a third person, the Court shall,
expect for special reasons to be recorded by it, refuse to
take cognizance of the plea unless the defendant pays into
Court the amount so admitted to be due.
(2) Where such a payment is made the Court shall
forthwith cause notice of the payment to be served on the
third person.
(3) Unless the third person within three months from the
receipt of the notice institutes a suit against the plaintiff and
therein obtains an order restraining payment of the money,
it shall be paid to the plaintiff on his application to the Court
therefor.
(4) Nothing in this section shall affect the right of any
person to recover from the plaintiff money paid to him
under sub-section (3).
(5) When a defendant pays money into Court under this
section, the Court shall give the defendant a receipt, and the
receipt so given shall operate as an acquittance in the same
manner and to the same extent as if it had been given by the
plaintiff or the third person, as the case may be.

96. Execution of decree for arrears of rent.– A Court passing

a decree for an arrear of rent may, on the oral application of the
decree-holder, order execution thereof against the movable
property of the tenant, and against any uncut or ungathered
crops on the tenancy in respect of which the arrear is decreed.

97. Prohibition of imprisonment of tenants in

execution of decrees for arrears of rent.– A tenant shall
not, during the continuance of his occupancy, be liable to
imprisonment on the application of his land-lord in
execution of a decree for an arrear of rent.

98. Power to refer party to Civil Court.– (1) If, in any

proceeding pending before a Revenue Court exercising
original, appellate or revisional jurisdiction, it appears to
the Court that any question in issue is more proper for
decision by a Civil Court, the Revenue Court may, with the
previous sanction of the Court, if any, to the control of which
it is immediately subject, require by order in writing, any
party to the proceeding to institute, within such time as it
may fix in this behalf, a suit in the Civil Court for the
purpose of obtaining a decision on the question, and, if he
fails to comply with the requisition, may decide the question
as it think fit.
(2) If the party institutes the suit in compliance with the
requisition, the Revenue Court shall dispose of the
proceeding pending before it in accordance with the final
decision of the Civil Court of first instance or appeal, as the
case may be.

99. Power to refer to High Court questions as to

jurisdiction.– (1) If the Presiding Officer of a Civil or
Revenue Court in which a suit has been instituted doubts
whether he is precluded from taking cognizance of the suit,
[132]
he may refer the matter through the [District Judge] or
[133] [134] [135]
[Commissioner], or, if he is a [District Judge] or
[136]
[Commissioner], directly to the [High Court].
[137]
(2) On any such reference being made, the [High
Court] may order the presiding officer either to proceed
with the suit or to return the plaint for presentation in such
other Court as it may in its order declare to be competent to
take cognizance of the suit.
[138]
(3) The order of the [High Court] on any such
reference shall be conclusive as against persons who are not
parties to the suits as well as against persons who are
parties thereto.
100. Power of High Court to validate proceedings held
under mistake as to jurisdiction.– In either of the
following cases, namely:-
(a) if it appears to a Civil Court that a Court under its
control has determined a suit of a class mentioned in
section 77 which under the provisions of that section
should have been heard and determined by a
Revenue Court, or
(b) if it appears to a Revenue Court, that a Court under
its control has determined a suit which should have
been heard by a Civil Court,
the Civil Court or Revenue Court, as the case may be, shall
[139]
submit the record of the suit to the [High Court].
[140]
(2) If on perusal of the record it appears to the [High
Court] that the suit was so determined in good faith, and
that the parties have not been prejudiced by the mistake as
[141]
to jurisdiction, the [High Court] may order that the
decree be registered in the Court which had jurisdiction.
[142]
(3) If it appears to the [High Court] otherwise than
on submission of a record under sub-section (1), that a Civil
Court under its control has determined a suit of a class
mentioned in section 77 which under the provisions of that
section should have been heard and determined by a
[143]
Revenue Court, the [High Court] may pass any order
which it might have passed if the record had been
submitted to it under that sub-section.
(4) With respect to any proceeding subsequent to
[144]
decree, the [High Court] may make such order for its
registration in a Revenue Court or Civil Court as in the
circumstances appears to be just and proper.
[145]
(5) An order of the [High Court] under this section
shall be conclusive as against persons who were not parties
to the suit or proceeding as well as against persons who were
parties thereto, and the decree or proceeding to which the
order relates shall have effect as if it had been made or had
by the Court in which the order has required it to be
registered.
 (6) The provisions of this section shall apply to any suit
instituted on or after the first day of November, 1884, and to
proceedings arising out of any such suit.
Miscellaneous
101. Place of sitting.– (1) An Assistant collector may exercise
his powers under this Act at any place within the limits of the
district in which he is employed.
(2) Any other Revenue Officer or Revenue Court may only
exercise his or its powers under this Act within the local limits
of his or its jurisdiction.
[146]
102. Holidays.– (1) The [Board of Revenue], with the
[147]
approval of the [Provincial government], shall publish in
[148]
the [Official Gazette] before the commencement of each
calendar year a list of days to be observed in that year as
holidays by all or any Revenue Officers and Revenue Courts.
(2) A proceeding held before a Revenue Officer or Revenue
Court on a day specified in the list as a day to be observed by
the Officer or Court as a holiday shall not be invalid by reason
only of its having been held on that day.
103. Discharge of duties of Collector dying or being
disabled.– When a Collector dies or is disabled from
[149]
performing his duties, the officer who succeeds [him]
[150]
temporarily [* * *] under any orders which may be
[151]
generally or specially issued by the [Provincial
Government] in this behalf, shall be deemed to be a
Collector under this Act.
104. Retention of powers by Revenue Officer on
transfer.– When a Revenue Officer of any class who, either
as such or as a Revenue Court, has under the foregoing
provisions of this Act any powers to be exercised in any local
area is transferred from that local area to another as a
Revenue Officer or Revenue Court of the same or a higher
class, he shall continue to exercise those powers in that
[152]
other local area unless the [Provincial Government]
otherwise directs or has otherwise directed.
105. Conferment of powers of Revenue Officer or
[153]
Revenue Court.– (1) The [Provincial Government] may by
notification confer on any person–
[154]
(a) all or any of the powers of [Board of Revenue],
[155]
[Commissioner] or Collector under this Act, or
(b) all or any of the powers with which an Assistant
Collector of either grade is, or may be, invested
thereunder,
and may by notification withdraw any powers so conferred.
(2) A person on whom powers are conferred under sub-
section (1) shall exercise those powers within such local limits
[156]
and in such classes of cases as the [Provincial Government]
[157]
may direct, and except as otherwise directed by the
[Provincial Government], shall for all purposes connected with
[158] [159]
the exercise whereof be deemed [Board of Revenue],
[Commissioner], Collector or Assistant Collector, as the case
may be.
(3) Before conferring powers on the Judge of a Civil
[160]
Court under sub-section (1), the [Provincial
[161]
Government] shall consult the [High Court].
(4) If any of the powers of a Collector under section 78,
section 79, section 80 or section 82 are conferred on an
[162]
Assistant Collector, they shall, unless the [Provincial
Government] by special order otherwise directs, be
exercised by him subject to the control of the Collector.

106. Power of Board of Revenue to make rules.– (1) The

[163]
[Board of Revenue] may, in addition to the other rules
[164]
which may be made by [it] under this Act, make rules
consistent with this Act and other enactment for the time
being in force,–
(a) determining, notwithstanding anything in any
record-of-rights, the number and amount of the
installments and the times by and at which rent is to
be paid;
 (b) for the guidance of Revenue Officers in
determining, for the purposes of this Act, the
amount of the land revenue of any land;
(c) prescribing for all or any of the territories to which
this Act extends, the periods during which in
proceedings held under this Act, a Revenue Officer or
Revenue Court is not, except for reasons of urgency to
be recorded, to issue any process of arrest against a
tenant or against a land-owner who cultivates his own
land;
(d) regulating the procedure in cases where persons are
entitled to inspect records of Revenue Officers or
Revenue Courts, or to obtain copies of the same, and
prescribing the fees payable for searches and copies;
(e) prescribing forms for such books, entries, statistics
[165]
and accounts as the [Board of Revenue] thinks
necessary to be kept, made or compiled in Revenue
Offices or Revenue Courts or submitted to any
authority;
(f) declaring what shall be the language of any of those
Offices and Courts, and determining in what cases
persons practising in those offices and Courts shall
be permitted to address the Presiding Officers
thereof in English; and
(g) generally for the guidance of Revenue Officers and
other persons in matters connected with the
enforcement of this Act.
(2) Until rules are made under clause (a) of sub-section (1),
rent shall be payable by the installments and at the times by
and at which it is now payable.
[166]
(3) Rules made by the [Board of Revenue] under this
[167]
or any other section of this Act shall [be made subject to
[168]
the control of] the [Provincial Government].
107. Rules to be made after previous publication.– The
[169]
power to make any rules under this Act is subject [* * *]
to the condition of the rules being made after previous
publication.
108. Powers exercisable by Board of Revenue from time
[170]
to time.– All powers conferred by this Act on the [Board
of Revenue] may be exercised from time to time as occasion
requires.

CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS- OF- RIGHTS AND
AGREEMENTS
109. Nullity of certain entries in records-of-rights.– An
entry in any record-of-rights providing–
(a) that a land-lord may prevent a tenant from making,
or eject him for making, such improvements on his
tenancy as he is entitled to make under this Act, or
(b) that a tenant ejected from his tenancy shall not be
entitled to compensation for improvements or for
disturbance in any case in which he would under
this Act be entitled to compensation therefor, or
(c) that a land-lord may eject a tenant otherwise than
in accordance with the provisions of this Act,
shall be void to that extent.

110. Nullity of certain agreements contrary to the Act.–

(1) Nothing in any agreement made between a land-lord
and a tenant after the passing of this Act shall–
(a) override any of the provisions of this Act with
respect to the acquisition of a right of occupancy, or
the reduction, remission or suspension of rent, or
the enhancement of the rent of a tenant having a
right of occupancy under section 5 or section 6, or
(b) take away or limit the right of a tenant as
determined by this Act to make improvements and
claim compensation therefor, or, where
compensation for disturbance can be claimed under
this Act, to claim such compensation, or
(c) entitle a land-lord to eject a tenant otherwise than
in accordance with the provisions of this Act.
(2) Nothing in clause (a) of sub-section (1) shall apply to
an agreement by which a tenant binds himself to pay an
enhanced rent in consideration of an improvement which
has been or is to be made in respect of his tenancy, by or at
the expense of his land-lord, and to the benefit of which the
tenant is not otherwise entitled.

111. Saving of other agreements when in writing.– Save as

expressly provided in this Act, nothing in this Act shall affect
the operation of any agreement between a land-lord and a
tenant, when the agreement either is in writing or has been
recorded in a record-of-rights before the passing of the
[171]
Punjab Land Revenue Act, 1887, or been entered by order
of Revenue Officer in a record-of-rights or annual record
under the provisions of that Act.

112. Effect of certain entries made in records-of-rights

before November, 1871.– An entry made with respect to
any of the following matters before the eighteenth day of
November, 1871, and attested by the proper officer, in the
[172]
record of regular settlement sanctioned by the
[Provincial Government], namely:-
(a) the enhancement or abatement of the rent of a
tenant having right of occupancy or the
commutation of rent in kind into rent in money or of
rent in money into rent in kind, or the taking of rent
in kind by division or appraisement of the produce
or other procedure of a like nature, or
(b) the letting or under-letting of land in which there is
a right of occupancy by the tenant having that right,
or the alienation of or succession to land in which
such a right subsists,
shall be deemed to be an agreement within the meaning of
the last foregoing section.

[173] [174]
[113. [Nothing but rent or seed supplied
[175]
recoverable].– [(1)] Notwithstanding anything to the
contrary in this Act or in any other law for the time being in
force or any revenue record or agreement or any rule of
custom or any decision of a Court or arbitrator, no tenant
shall be liable for, and no land-lord shall be entitled to
anything in the shape of a cess, village cess, or other
contribution or due or any free personal service, in addition
to the rent payable for the land held by the former under the
latter].
[176]
[(2) Notwithstanding any agreement to the contrary,
where a land-lord supplied any seed to his tenant, he shall be
entitled to recover from the tenant only the quantity of seed
actually supplied and nothing in excess thereof].

[177]
[114. Extinction of occupancy tenancies.– (1)
Notwithstanding anything contained in any law for the time
being in force, including this Act, no person shall, after the
coming into force of the Punjab Tenancy (Amendment) Act,
1952, acquire or have occupancy rights in any land under
any enactment or contract or any decree or order of any
Court or other authority and the existing occupancy rights
in respect of all lands other than lands owned by
Government or by any person who under the law for the
time being in force is an evacuee, shall on the coming into
force of the aforesaid Act, be extinguished, and the land
comprised in a tenancy so extinguished shall vest as
hereinafter provided.
(2) An occupancy tenant, who at the time of the coming
into force of the aforesaid Amendment Act occupies any
land as such shall become owner as under:-
(a) of the entire land comprised in his tenancy
without payment of any compensation where he
pays no rent therefor beyond the amount of the
land revenue, and rates and cesses for the time
being chargeable therefor;
(b) of such portion of the land comprised in his tenancy
without payment of any compensation as
corresponds to his share of the produce where he
pays rent in the form of a share of the produce;
(c) of the entire land comprised in his tenancy on
payment of compensation to the land-lord in cash
at such rates and within such periods as may be
prescribed by the Government by rules framed for
the purpose, where he pays rent only in cash;
(d) of the whole or a portion of the land comprised in
his tenancy on payment of such compensation in
such form and within such time to the land-lord as
 may be determined by Government by rules
framed under this Act, where he pays rent partly
in cash and partly in the form of a share of the
produce.
(3) So long as Government does not frame rules for
purposes of clauses (c) and (d) of sub-section (2), an occupancy
tenancy falling under any of these clauses shall,
notwithstanding the provision made in sub-section (1),
continue to subsist, and the land-lord and the occupancy
tenant shall continue to enjoy the same rights, and be subject
to the same liabilities, as before.
(4) In a case falling under clause (b) of sub-section (2) the
land-lord shall, without payment of any compensation, be
entitled to the possession of the rest of the land comprised in
the tenancy.
(5) An occupancy tenant acquiring land in accordance with
the provisions of sub-section (2) shall acquire it free from all
encumbrances created in respect of that land by the land-lord
and if any encumbrance be created by the tenant, the share of
the land received by the land-lord shall be free from it and
notwithstanding any provision of any law for the time being in
force to the contrary each such encumbrance shall become
the exclusive liability of the land-lord or the occupancy tenant,
as the case may be.
(6) Where compensation is to be paid by a tenant in cash
under clause (c) of sub-section (2) Government may, with a
view to enabling an occupancy tenant to acquire land in
accordance with the provisions of this section, advance a
loan which shall be recoverable as arrears of land revenue
with interest at such rates and in such installments as the
Government may fix generally or in particular cases.
(7) Government shall frame rules to give effect to the
provisions of this section, and while framing rules it may
classify lands into different categories and prescribe different
principles for assessment of compensation].
[178]
[114-A. Extinction of Muqarraridari rights.– (1)
Notwithstanding anything contained in any law for the time
being in force, including this Act, no person shall, after the
coming into force of the Punjab Tenancy (removal of Doubts
and Amendment) Ordinance, 1974, hereinafter referred to
as the said Ordinance acquire or have muqarraridari right
in any land under any enactment or contract or other
authority, and the existing muqarraridari rights in respect
of all lands other than the lands owned by or vesting in
Government or by any person who, under the law for the
time being in force is an evacuee, shall, on coming into force
of the said Ordinance, be extinguished and the land in
respect of which muqarraridari rights are to be
extinguished, hereinafter referred to as the said land, shall
vest as hereinafter provided.
(2) A muqarraridar who, at the time of coming into force
of the said Ordinance, occupies the said land as such shall
become owner as under:-
(a) of the said land in its entirety without payment of
any compensation where he pays no rent therefor
beyond the amount of the land revenue and rates
and cesses for the time being chargeable therefor;
(b) of such portion of the said land without payment
of any compensation as corresponds to his share of
the produce where he pays rent in the form of a
share of the produce;
(c) of the said land in its entirety on payment of
compensation to the proprietor in cash at such
rates and within such periods as may be
prescribed by the Government by rules framed for
the purpose, where he pays rent only in cash; and
(d) of the whole or a portion of the said land on
payment of such compensation in such form and
within such time to the proprietor as may be
determined by Government by rules framed under
this section, where he pays rent partly in cash and
partly in the form of share of the produce.
(3) So long as Government does not frame rules, for
purposes of clauses (c) and (d) of sub-section (2),
muqarraridari rights falling under any of those clauses shall,
notwithstanding the provision made in sub-section (1)
continue to subsist and the proprietor and the muqarraridar
shall continue to enjoy the same rights, and be subject to the
same liabilities, as before.
 (4) In a case falling under clause (b) of sub-section (2) the
proprietor shall, without payment of any compensation, be
entitled to the possession of the rest of the said land.
(5) A muqarraridar acquiring land in accordance with
the provisions of sub-section (1) shall acquire it free from all
encumbrances created in respect of that land by the
proprietor and if any encumbrance be created by the
muqarraridar the share of the land received by the
proprietor shall be free from it and notwithstanding any
provision of any law for the time being in force to the
contrary, each such encumbrance shall become the
exclusive liability of the proprietor or the muqarraridar as
the case may be.
(6) Where compensation is to be paid by a muqarraridar
in cash under clause (c) of sub-section (2) Government may,
with a view to enabling a muqarraridar to acquire land in
accordance with the provisions of this section, advance a
loan which shall be recoverable as arrears of land revenue
with interest at such rates and in such installments as the
Government may fix generally or in particular cases.
(7) Government shall frame rules to have effect to the
provisions of this section, and while framing the rules it may
classify land into different categories and prescribe different
principles of assessment of compensation].

[179]
[114-B. Removal of doubts.– Notwithstanding
anything contained in this Act or any other law for the time
being in force or any decree, judgment, or order of any
Court or any other authority, an occupancy tenant under a
muqarraridar shall be deemed and be deemed always to
have, on the extinction of his occupancy rights under section
114, become the owner of the rights possessed by the
muqarraridar in the entire or, as the case may be, in a part
of the land comprised in his tenancy and in respect of such
land section 114-A shall have effect accordingly].

[180]
[115. Limits of holding for personal cultivation.– (1)
No person owning more than 100 acres of land shall have in
his possession for personal cultivation any irrigated
culturable land exceeding 50 acres.
 Explanation– Where any such person has in his
possession any such land jointly or in partnership with any
one else, only his own share of the land in such possession
shall be taken into consideration in computing the 50 acres
for the purpose of this sub-section.
(2) If a person owning more than 100 acres of land has in
his possession culturable land in excess of 50 acres, he shall
within three months of the date on which the Punjab
Tenancy (Amendment) Act, 1952, comes into force, and if
such person is in the military service of Pakistan on that date,
then within six months of his release from such service, let
out the area in excess of 50 acres to tenants on terms
permissible under the law:
Provided that if the said land in excess of 50 acres is
under crop at the time of the coming into force of the
aforesaid Act, it shall be so let out within one month of the
removal of the crop:
Provided further that if the land to be let out has been
prepared for sowing, the person who has so prepared it shall
be entitled to compensation from the person to whom the land
is let out, and such compensation and the mode of its payment
shall, in case of a dispute, be assessed and determined by the
Revenue Officer referred to in sub-section (4) in accordance
with the provisions of this Act, in so far as these may be
applicable.
(3) Where a person not owning more than 100 acres of
land on the date of the coming into force of the Punjab
Tenancy (Amendment) Act, 1952, acquires by any means
more land which alongwith land already owned by him
totals more than 100 acres, he shall, within three months of
such acquisition, let out to tenants so much of the land as is
in his possession in excess of 50 acres of culturable land, and
the provisos to sub-section (2) shall in so far as applicable
apply to this case.
(4) If any person who is required by sub-section (2) or sub-
section (3) to let out any land fails to find suitable tenants, he
shall, before the expiry of the period fixed by the relevant sub-
section, intimate the fact in writing to the Revenue Officer, who
would be competent under the law to entertain an application
for the ejectment of the tenant from the land, if such land had
been let out to him, and such Revenue Officer shall proceed in
accordance with such rules as may be framed by Government
to find suitable tenants for the land.
(5) When a person acts under sub-section (4), he shall let out
the land to tenants recommended by the Revenue Officer, and in
case he fails to do so, he shall be deemed to have contravened the
provisions of this section, and besides any other penalty which
may be imposed on him under the law, the Revenue Officer
referred to in sub-section (4) shall have the power to settle tenants
on the land which such person is keeping in excess of the limits
prescribed by this section:
Provided that if the Revenue Officer fails to find tenants
for the land, and in consequence thereof such person
continues to occupy any land in excess of the prescribed
limits, he will not be deemed to have contravened the
provisions of this section:
Provided further that in a case covered by the first
proviso the Revenue Officer will have the power to settle
tenants on the land at proper time, whenever he is able to
find suitable persons for this purpose.
(6) Where a person has in accordance with the
provisions of sub-section (2) or sub-section (3) made a choice
with respect to the land which he is to keep for his personal
cultivation, he shall not thereafter have the right to claim
any other land in lieu of the whole or part of that land, even
though he may have lost that land through alienation:
Provided that he shall have the right of exchanging the
said area of 50 acres or any part thereof with any land in
which he may acquire proprietary rights, by inheritance,
after having made the said choice:
Provided further that if the land reserved by a person
for personal cultivation or any portion thereof is
[181]
compulsorily acquired by the Provincial or the Central
Government, or is rendered darya burd, or if 50 per centum
or more of such land is rendered totally unculturable on
account of the action of Sem or Thur, the said person shall be
entitled to so much additional area, as with the area, if any,
still in his possession, and in the last mentioned case, the
area fit for cultivation, will make up 50 acres.
 (7) Land attached to and used for the purposes of a cattle
farm or a stud farm recognised by Government shall be
exempt from the provisions of this section. But an owner of
any such farm shall not be entitled to retain for personal
cultivation any other land, even though the land attached to
such farm is less than 50 acres.
Explanation– For the purposes of this sub-section a cattle
farm means a farm of agricultural land which is exclusively
reserved for the purposes of breeding cattle, and a stud-
farm means a farm of such land exclusively reserved for
breeding of horses or mules.
(8) A person who owns 25 acres of land or more shall not
be selected or given any land as a tenant under sub-section
(2), (3), (4) or (5) and no tenant shall be allowed more than
25 acres as such.
(9) Government may, by notification in the official
gazette, exempt any person or class of persons owning land
or any land or class of land from the operation of this
section.
Explanation 1– For the purposes of computing the area for
personal cultivation an acre of unirrigated culturable land shall
be counted as half an acre and the terms irrigated and
unirrigated shall be defined by rules framed by Government
under this Act, and if there is in the opinion of the Government
any land which does not fall under these two categories, the
rules shall prescribe a separate category for it, and shall fix the
ratio which such land shall bear in relation to irrigated land for
purposes of such computation.
Explanation 2– For the purposes of this section, land under
a garden which is in existence on the date of the coming into
force of the Punjab Tenancy (Amendment) Act, 1952, and
which according to the nature of the trees planted is deemed
fully covered, shall not be treated as culturable even though
any portion thereof may be fit or actually used for purposes
of cultivation. But if a garden is planted in any land after the
coming into force of the aforesaid Act, the land thereunder
shall be treated as culturable.
Explanation 3– For the purposes of this section, if land,
which according to the provisions of the revenue law for the
time being in force is banjar qadeem and is shown in revenue
record as such is brought under cultivation or a garden is
planted therein, shall continue to be treated as not culturable.
Explanation 4– For the purposes of this section cultivation
through any direct descendant of the person owning land or
his wife or servant or hired labour shall be treated as
personal cultivation by the said person.
Explanation 5– For the purposes of this section a
mortgagee of land with possession, a tenant of Government
[182]
land under [the Colonization of Government Lands
(Punjab) Act, 1912], who has not acquired proprietary
[183]
rights, a lessee other than a lessee of [Government] land,
and an allottee whether provisional or permanent of land
under the law for the rehabilitation of refugees for the time
being in force shall be deemed to be a person owning such
land].

[184]
[116. Offences.– (a) If any land-lord–
(i) recovers from any tenant anything in the
shape of a cess, village cess or other
contribution or due or any other free service
in addition to the rent payable in respect of the
land held by the latter under the former; or
(ii) recovers from the tenant in lieu of the seed
supplied to him anything in excess of the seed
actually supplied; or
(iii) ejects a tenant forcibly or against the
provisions of law; or
(b) if any person owning land contravenes the
provisions of section 115; or
(c) if any tenant refuses or fails to vacate any land in
compliance with an order passed by competent
authority–
he shall be guilty of an offence punishable with
imprisonment of either description which may extend to
one year or fine or with both].

THE SCHEDULE
[REPEALED BY THE AMENDING ACT (XII OF 1891),
SECTION 2 (1) AND FIRST SCHEDULE]
[1]
Subs tituted by the Punjab Laws (Adaptation, Revis ion and Repeal) Act, 1955 (XV of 1955).
[2]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation of
Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[3]
Added by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[4]
Ins erted by the Punjab Laws (Amendment) Act 2011 (VI of 2011).
[5]
Added by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950).
[6]
Omitted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to
duration prescribed in the Constitution.
[7]
Subs tituted ibid., for the figure “1887”.
[8]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for the word “Crown”.
[9]
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[10]
Ibid.
[11]
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), for the word “Crown”.
[12]
Ibid.
[13]
D eleted by the Amending Act, 1891 (XII of 1891).
[14]
Substituted for the words “Punjab District Boards Act, 1883, and any, fee leviable under section 33 of that Act from land-owners for the use
of, or benefits derived from such works as are referred to in section 20, clauses (i) and (j) of that Act” by the Punjab Tenancy (Amendment)
Ordinance, 2001 (LVI of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the
Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.
[15]
The words “Northern India” omitted ibid.
[16]
The words “zaildari and” omitted ibid.
[17]
Subs tituted by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950).
[18]
Subs tituted, for “Provincial Government”, by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[19]
Subs tituted, for the words “by the Crown”, by the Central Adaptation of Laws O rder, 1964 (P.O . 1 of 1964).
[20]
Subs tituted ibid., for the words “an officer of the Crown”.
[21]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[22]
Ibid.
[23]
Ins erted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[24]
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[25]
Subs tituted by the Punjab Tenancy (Removal of D oubts and Amendment) Act, 1975 (XXXVIII of 1975). The amendment was made
effective from 2nd D ecember, 1974.
[26]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[27]
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952) and later s ubs tituted by the Punjab Tenancy (Removal of D oubts and
Amendment) Act, 1975 (XXXVIII of 1975).
[28]
Subs tituted for the figure “115” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[29]
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[30]
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[31]
Subs tituted for the figure “56” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[32]
Subs tituted ibid., for the figure “1887”.
[33]
Ins erted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[34]
Ibid.
[35]
Subs tituted for the figure “56” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[36]
Subs tituted ibid., for the figure “1887”.
[37]
Subs tituted by the Punjab Tenancy Act, 1887, Amendment Act, 1906 (I of 1906).
[38]
Subs tituted by the Punjab Tenancy Act, 1887, Amendment Act, 1906 (I of 1906).
[39]
Added ibid.
[40]
Subs tituted by the Wes t Pakis tan Laws (Adaptation) O rder, 1964, for the word “Crown”.
[41]
Subs tituted ibid., for the words “any officer of the Crown”.
[42]
Ins erted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[43]
Ibid.
[44]
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[45]
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[46]
Ins erted by the Amending Act, 1891 (XII of 1891).
[47]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[48]
Ins erted by the Punjab Tenancy (Amendment) Act, 1929 (V of 1929).
[49]
Subs tituted, for “Local Government”, by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the
Government of India (Adaptation of Indian Laws ) Supplementary O rder, 1937.
[50]
Ins erted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[51]
Subs tituted by the Wes t Pakis tan Laws (Adaptation) O rder, 1964, for the word “Crown”.
[52]
Subs tituted ibid., for the words “any s ervant of Crown”.
[53]
Added by the Punjab Tenancy (Amendment) Act, 1927 (II of 1927).
[54]
Subs tituted by the Punjab Tenancy (Amendment) Act, 1951 (IV of 1951).
[55]
Ins erted by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952).
[56]
Ins erted by the Punjab Laws (Adaptation, Revis ion and Repeal) Act, 1955 (XV of 1955).
[57]
Ins erted by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952).
[58]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[59]
The words “with the previous s anction of the Governor General in Council” were repealed by the Punjab Courts (Amendment) Act, 1914
(IV of 1914).
[60]
Added by the Punjab Tenancy (Amendment) Act, 1933 (IV of 1933).
[61]
Subs tituted for the figure “1887” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[62]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[63]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[64]
Subs tituted for the figure “1887” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[65]
Ins erted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925).
[66]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[67]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[68]
Added by the Punjab Tenancy (Amendment) Act, 1912 (III of 1912).
[69]
Subs tituted, for “Rs . 1,000”, by the Punjab Tenancy (Amendment) O rdinance, 1980 (IX of 1980).
[70]
Added by the Punjab Alienation of Land Act, 1900 (XIII of 1900).
[71]
The words and comma “, zaildars , inamdars ” omitted by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article
5A of the Provis ional Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic
of Pakis tan, 1973, it s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[72]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[73]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[74]
Added by the Punjab Tenancy (Amendment) Act, 1977 (IV of 1977).
[75]
The word “other”, deleted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[76]
Subs tituted ibid., for “Financial Commis s ioner”.
[77]
Ibid.
[78]
Subs tituted for the words and brackets “an Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[79]
Ibid., for the words and brackets “the Executive D is trict O fficer (Revenue)”.
[80]
Subs tituted the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[81]
Subs tituted for the words and brackets “an Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[82]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[83]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[84]
Subs tituted for the words and brackets “an Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[85]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[86]
Ibid.
[87]
Ibid.
[88]
Ins erted by the Wes t Pakis tan Laws (Amendment) O rdinance, 1965 (XXXIV of 1965).
[89]
Subs tituted for the words and brackets “the Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[90]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[91]
Subs tituted for the words and brackets “an Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[92]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[93]
Subs tituted for the words and brackets “the Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[94]
Subs tituted for the words and brackets “the Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[95]
Added by the Wes t Pakis tan Laws (Amendment) O rdinance, 1965 (XXXIV of 1965).
[96]
Subs tituted for the words and brackets “Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011).
[97]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[98]
Subs tituted ibid.
[99]
Subs tituted for the words and brackets “Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011).
[100]
Ibid.
[101]
The word “Indian” omitted by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[102]
Subs tituted ibid., for the figure “1877”.
[103]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[104]
Subs tituted ibid., for the word “him”.
[105]
Subs tituted for the words and brackets “An Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[106]
The words , “Commis s ioner or” deleted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[107]
Subs tituted for the words and brackets “the Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[108]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957).
[109]
Subs tituted for the words and brackets “the Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[110]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[111]
Subs tituted by Act XVIII of 1919, for the words “Chief Court”.
[112]
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the word “he”.
[113]
Ibid.
[114]
Ibid.
[115]
Ibid.
[116]
Subs tituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[117]
Ibid.
[118]
Subs tituted ibid., for the word “his ”.
[119]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[120]
For rules under s ection 85 (1), See Notification No. 77, Pb Gazette (Extraordinary), dated, 1-3-1888, page 79.
[121]
Subs tituted for the figure “1887” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the
Provis ional Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of
Pakis tan, 1973, it s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[122]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[123]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[124]
The words “with the previous s anction of the Governor-General in Council”, deleted by the Punjab Courts (Amendment) Act, 1914 (IV
of 1914).
[125]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[126]
Subs tituted ibid., for the word “his ”.
[127]
Subs tituted for the word “III” by the Punjab Tenancy (Amendment) O rdinance, 2001 (LVI of 2001). Under Article 5A of the Provis ional
Cons titution O rder 1999 (I of 1999), as amended, read with Article 270AA of the Cons titution of the Is lamic Republic of Pakis tan, 1973, it
s hall not be s ubject to any limitation as to duration pres cribed in the Cons titution.
[128]
The word “Indian” omitted ibid.
[129]
Subs tituted ibid., for the figure “1886”.
[130]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[131]
Repealed by the Punjab Municipal Act, 1911 (III of 1911), which Act was repealed by the Wes t Pakis tan Waqf Properties (Amendment)
O rdinance, 1960 (X of 1960), which was s ubs equently repealed by the Punjab Local Government Act, 1975, which was repealed by the
Punjab Local Government O rdinance, 1979, which has s ince been repealed by the Punjab Local Government O rdinance 2001 (XIII of 2001).
[132]
Subs tituted by the Punjab Courts Act, 1918 (VI of 1918), for “D ivis ional Judge”.
[133]
Subs tituted for the words and brackets “Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[134]
Subs tituted by the Punjab Courts Act, 1918 (VI of 1918), for words “D ivis ional Judge”.
[135]
Subs tituted for the words and brackets “Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[136]
Subs tituted by Act XVIII of 1919, for the words “Chief Court”.
[137]
Subs tituted by Act XVIII of 1919, for the words “Chief Court”.
[138]
Ibid.
[139]
Ibid.
[140]
Ibid
[141]
Ibid.
[142]
Ibid.
[143]
Ibid.
[144]
Ibid.
[145]
Subs tituted by Act XVIII of 1919, for the words “Chief Court”.
[146]
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[147]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[148]
Subs tituted ibid., for “local official Gazette”.
[149]
Inserted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to
duration prescribed in the Constitution.
[150]
The words “to the chief executive adminis tration of the dis trict” deleted ibid
[151]
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.
[152]
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.
[153]
Ibid.
[154]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[155]
Subs tituted for the words and brackets “Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[156]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India
(Adaptation of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[157]
Ibid.
[158]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[159]
Subs tituted for the words and brackets “Executive D is trict O fficer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011).
[160]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India
(Adaptation of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[161]
Subs tituted by Act XVIII of 1919, for “Chief Court”.
[162]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[163]
Subs tituted by the Wes t Pakis tan (Adaptation and Repeal of Laws ) Act, 1957 (XVI of 1957), for “Financial Commis s ioner”.
[164]
Ibid., for the word “him”.
[165]
Ibid., for “Financial Commis s ioner”.
[166]
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[167]
Subs tituted by the Punjab Courts (Amendment) Act, 1914 (IV of 1914), for “not take effect until they have been s anctioned by”.
[168]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[169]
The words , “to the control of the Governor General in Council and”, deleted by the D evolution Act, 1920 (XXXVIII of 1920).
[170]
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “Financial Commissioner”.
[171]
Repealed by the Punjab Land Revenue Act, 1967 (XVII of 1967).
[172]
Subs tituted by the Government of India (Adaptation of Indian Laws ) O rder, 1937, as amended by the Government of India (Adaptation
of Indian Laws ) Supplementary O rder, 1937, for “Local Government”.
[173]
Section 113 added by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950).
[174]
Added by the Punjab Laws (Adaptation, Revis ion and Repeal) Act, 1954 (XV of 1955).
[175]
Numbered by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952).
[176]
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952).
[177]
Ibid.
[178]
Added by the Punjab Tenancy (Removal of D oubts and Amendment) Act, 1975 (XXXVIII of 1975).
[179]
Added by the Punjab Tenancy (Removal of D oubts and Amendment) Act, 1975 (XXXVIII of 1975).
[180]
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952).
[181]
Now “Federal Government”, see P.O . 4 of 1975.
[182]
Subs tituted by the Punjab Laws (Adaptation, Revis ion and Repeal) Act, 1954 (XV of 1955), for “Colonization of Crown Lands Act,
1912”.
[183]
Subs tituted by the Central Adaptation of Laws O rder, 1964 (P.O . 1 of 1964), for “Crown”.
[184]
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952).