West Pakistan Act XVII of 1967
7th December, 1967
An Act to consolidate and amend the law relating to land revenue in the Province of 3[the Punjab] Preamble.- WHEREAS it is expedient to consolidate and amend the law relating to the making and maintenance of records-of-rights, the assessment and collection of land-revenue, the appointment and functions of Revenue Officers and other matters connected with the Land Revenue Administration in the Province of 4[the Punjab], or incidental thereto; It is hereby enacted as follows:- 1. For statement of object and reasons, see Gazette of West Pakistan, Extraordinary dated December 6, 1965, pages 6027WWW to 6027XXX. For report of the Select Committee on the West Pakistan Land Revenue Bill 1965 (Bill No. 27 of 1965) see Gazette of West Pakistan, Extraordinary dated May 23, 1966, pages 1469A to 1469I. This Act was passed by the West Pakistan Assembly on 4th November, 1967; assented to by the
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(1) This Act may be called
(2) It extends to the whole of the Province of
(3) It or any specified provision thereof shall come into operation in such area or areas and on such date or dates as Government may, by notification
(1) Should the circumstances of any area in which this Act, or any specified provision thereof, has been brought into force be such that, in the opinion of Government, that provision, or any other provision of the Act, is unsuited thereto, Government may, by notification, except that area from the operation of such provisions, and thereupon those provisions shall not apply to such area until the notification is rescinded.
(2) While such exception as aforesaid remains in force, Government may frame rules for the regulation of the matters so excepted. So far as may be, the rules shall be consistent with the provisions of this Act and shall specify the period for which such exception shall remain in force.
(1) Except so far as may be necessary for the record, recovery and administration of village cess, or for purposes of survey, nothing in this Act applies to land which is occupied as the site of a town or village, and is not assessed to land revenue.
(2) It shall be lawful for the Collector acting under the general or special orders of the Board of Revenue, to determine for the purposes of this Act, what lands are included within the site of a town or village, and to fix and from time to time to vary the limits of the same, regard being had to all the subsisting rights of the land-owners.
In this Act, unless there is anything repugnant in the subject or context,-
There shall be as many
(1) Each District shall be divided into such Tehsils having such limits, as Government may, by notification, direct.
(2) Government may, by notification, vary the number and limits of Districts or Tehsils in the Province.
(1) There shall be the following classes of Revenue Officers, namely:-
(2) The
For each District there shall be a Collector who shall be appointed by Government, and who shall exercise throughout the District, all the powers, and discharge all the duties, of the Collector under this Act.
Government may appoint in any District an Additional Collector, who shall exercise throughout the District concerned all or any of the powers and discharge all or any of the duties conferred or imposed on a Collector by or under this Act, subject to the general supervision and control of the Collector of the District.
(1) Government may appoint to each District as many Assistant Collectors of the first and second grade as it may deem expedient.
(2) Government may confer on Deputy District Officer (Revenue) of a Tehsil all or any of the powers of the Collector under sub-section (1) of section 16.
(3) If any of the powers of a Collector, under this Act are conferred on an Assistant Collector they shall be exercised by him subject to the control of the Collector.
The Tehsildar entrusted with the local revenue administration of a Tehsil, under the control and supervision of Deputy District Officer (Revenue) of that Tehsil, shall exercise such powers and discharge such duties of an Assistant Collector as may be expressly conferred or imposed on him by or under this Act.
The appointment of all officers under this Chapter shall be by notification.
(1) The Board of Revenue shall be subject to the control of Government.
(2) The general superintendence and control over all other Revenue Officers shall be vested in, and all such Officers shall be subordinate to, the Board of Revenue.
(3) Subject to the general control of the Board of Revenue,
(4) Subject as aforesaid and to the control of the Executive District Officer (Revenue), a District Officer (Revenue) shall control all other Revenue Officers in his District.
(1) The Board of Revenue may, by written order distribute, in such manner as may be deemed fit, any business cognizable by any Revenue Officer under its control, and by like order, withdraw any case pending before any such Officer.
(2) The powers exercisable by the Board of Revenue under sub-section (1) may, by like order and in like manner be exercised by
(3) Where a case is withdrawn by the Board of Revenue under sub-section (1) the Board may dispose of it itself, or, by written order, refer it for disposal to any Revenue Officer; and where a case is withdrawn by
It shall be lawful for Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter.
(1) Government may, by notification, confer on any person all or any of the powers of
(2) The Board of Revenue may, by notification, confer on any person all or any of the powers of an Assistant Collector under this Act, and may, in like manner, withdraw such powers.
(3) A person on whom powers are conferred under this section shall exercise those powers within such local limits and in such classes of cases as Government or the Board of Revenue, as the case may be, may direct and, except as otherwise so directed, such person shall, for all purposes connected with the exercise thereof, be deemed to be the
Except where the class of Revenue Officers by whom any function is to be performed is specified in this Act, the Board of Revenue may, by notification, determine the functions to be performed under this Act by any class of Revenue Officers.
When a Revenue Officer of any class who has, under the 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 of the same or a higher class, he shall continue to exercise those powers in that other local area unless Government or the Board of Revenue, as the case may be, otherwise directs or has directed.
In all official acts and proceedings, a Revenue Officer shall, in the absence of any express provision of law to the contrary, be subject as to the place, time and manner of performing his functions, to the direction and control of the officer to whom he is subordinate.
(1) The Board of Revenue may, with the previous approval of Government, make rules, not inconsistent with this Act, for regulating the procedure of Revenue Officers in cases in which a procedure has not been provided for by this Act.
(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment under this Act from, and delivery of possession of, immovable property, and rules providing for those matters may confer on any Revenue Officer all or any of the powers in regard to contempt, 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) Subject to the rules made under this section, a Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer subordinate to him for investigation and report, and may decide the case upon such report after giving the parties concerned
(1) Appearance before a Revenue Officer, and applications to, and acts to be done before him, under this Act may be made or done-
Provided that the employment of an authorised agent or legal practitioner shall not excuse the personal attendance of a party to any case in which personal attendance is specially required by an order of the Revenue Officer.
(2) The fees of a legal practitioner shall not be allowed as costs in any proceedings 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.
(1) A Revenue Officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Revenue Officer.
(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 authorised agent or a legal practitioner:
Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908), shall be applicable to requisitions for attendance under this section.
(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 may require.
Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued, and shall be signed by the Revenue Officer issuing it, and if he has a seal, shall also bear his seal.
(1) A summons issued by a Revenue Officer shall, if practicable, be served (a) personally on the person to whom it is addressed or, failing him, (b) on his authorised agent or (c) an adult male member of his family usually residing with him.
(2) If service cannot be effected in the manner provided in sub-section (1) or if acceptance of service is refused, the summons may be served by affixing 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 and the case to which the summons relates has reference to land in that District, the summons may be served by-
(1) A notice, order or proclamation, or a copy of any such document, issued by a Revenue Officer for service on any person, shall be served in the manner provided in section 24 for the service of a summons.
(2) No such notice, order or proclamation or copy thereof, shall be deemed void on account of any error in the name or designation of any person referred to therein, unless such error has occasioned substantial injustice.
When a proclamation is issued by a Revenue Officer, it shall, in addition to any other mode of publication which may be prescribed by or under this Act, be made by beat of drum or other customary method and by affixing a copy thereof on a conspicuous place in or near the land to which it relates.
(1) Every inquiry under this Act shall be deemed to be a “judicial proceeding” within the meaning of sections 193, 219 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and the Revenue Officer holding an inquiry shall be deemed to be a Court for the purposes of such inquiry.
(2) Every hearing and decision in such inquiry shall be in public, and the parties or their authorised agents shall have due notice to attend.
Government may, by notification, declare what shall, for the purposes of this Act, be deemed to be the language in ordinary use in any specified part of the Province*.
Whenever it is provided by this Act that a defaulter may be arrested, such arrest shall be made upon a warrant issued by the Revenue Officer competent to direct such person’s arrest.
It shall be lawful for any Revenue Officer, and any person acting, under the orders of a Revenue Officer, at any time to enter, when necessary for the purpose of measurement, demarcation, fixation or inspection of boundaries or boundary marks, classification of soil, or assessment, or for any other purpose connected with the lawful exercise of his office under the provisions of this Act, or any other law for the time being in force relating to land-revenue, upon any lands or premises, whether belonging to Government or to private individuals:
Provided that no premises used as human dwelling shall be entered upon except with the consent of the occupier thereof, or without serving on the occupier a notice of not less than seven days in the prescribed form:
Provided further that due regard shall always be paid to the social and religious prejudices of the occupiers.
(1) A Revenue Officer, other than an Assistant Collector of the first grade, may exercise his powers under this Act at any place within the limits of his jurisdiction.
(2) An Assistant Collector of the first grade may exercise his powers at any place within the district in which he is employed.
Any proceedings held before a Revenue Officer under this Act on a day notified as a holiday, shall not be invalid by reason of such proceedings having been held on that day.
Government may from time to time, by notification, prescribe what Revenue Officers shall use a seal, and what size and description of seal shall be used by each of such Officers.
A Revenue Officer may give and apportion the costs of any proceedings under this Act in any manner he thinks fit:
Provided that if he orders that the cost of any such proceedings shall not follow the event, he shall record his reasons for the order.
If a person required by summons, notice, order or proclamation proceeding from a Revenue Officer to attend at a certain time and place within the limits of the estate in which he ordinarily resides or in which he holds or cultivates land, fails to comply with the requisition, he shall be liable at the discretion of the Revenue Officer to a fine which may extend to
The Board of Revenue may, with the previous approval of Government, make rules to regulate the appointment, duties, emoluments, punishment, suspension and removal of Village Officers.
(1) Government may, by notification, impose on all or any of the estates in the Province, a cess to be called the Village Officers’ cess, at such rate or rates, not exceeding five per centum of the land-revenue, as it may think fit, for remunerating Village Officers, other than those who are Government servants.
(2) The Board of Revenue may, with the previous approval of Government, make rules for the collection, control and distribution of the Village Officers’ cess.
(1) The remuneration of a Village Officer mentioned under sub-section (1) of section 37 shall not be liable to attachment in execution of a decree or order of a Civil or Revenue Court.
(2) An assignment of, or charge on, or an agreement to assign or charge, any such remuneration shall be void unless it is authorised by rules made by the Board of Revenue in this behalf.
(1) Save as otherwise provided by this Chapter there shall be a record-of-rights for each estate.
(2) The record-of-rights for an estate shall include the following documents, namely:-
(1) When it appears to the Board of Revenue that a record-of-rights for an estate does not exist, or that the existing record-of-rights for an estate requires special revision, the Board of Revenue may, by notification, direct that a record-of-rights be made, or that the record-of-rights be specially revised, as the case may be.
(2) A notification under sub-section (1) may direct that record-of-rights shall be made or specially revised for all or any of the estates in any local area.
(3) A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for that estate, but shall not affect any presumption in favour of Government which has already arisen from any previous record-of-rights.
(1) The Collector shall cause to be prepared by the Patwari of each estate periodically, as the Board of Revenue may direct, an edition of any record-of-rights amended in accordance with the provisions of this Chapter.
(2) Such edition of the record-of-rights shall be called the periodical record for the estate, and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39, and such other documents, if any, as may be prescribed.
(3) For the preparation of periodical records, the Collector shall cause to be maintained by the Patwari of each estate a register of mutations in the prescribed form and other prescribed registers, if any.
(1) The Board of Revenue shall cause to be prepared, in computerized form, the latest edition of the periodical record of an estate and if no such record exists, the latest edition of the record-of-rights of the estate.
(2) The Board of Revenue shall, by notification, specify a date for the commencement of the operation of computerized edition of record-of-rights of an estate or a group of estates.
(3) The Board of Revenue shall, by notification, prohibit preparation of periodical record of an estate under section 41 from a specified date.
(1) The Collector shall cause to be prepared periodically, as the Board of Revenue may direct, a computerized edition of the record-of-rights amended in accordance with the provisions of this Chapter.
(2) The computerized edition of record-of-rights shall be called the periodical record for an estate and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39.
(3) The Collector shall cause to be maintained, in computerized form, record of mutations in an estate and other documents, as may be prescribed.]
(1)
(1-A)
(1)
(2) If the person acquiring the right is a minor or is otherwise unable to report, his guardian or other person having charge of his property shall make the report to the Service Centre Official.
(3) The Service Centre Official shall enter the report in the prescribed manner and supply a copy of the entry to the person making the report, free of cost.
(4) The Service Centre Official shall deliver a copy of the report to the Patwari of the estate in the manner as may be prescribed and the Patwari shall, in the prescribed manner, submit the report to the Revenue Offic
(1) If during the making, revision or preparation of any record, or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested, but subject to the provisions of section 45, and after such inquiry as he thinks fit, determine the entry to be made as to that matter and record his reasons therefor.
(2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall-
(1) The Board of Revenue may fix a scale of fees for all or any classes of entries in any record or register under this Chapter and for copies of any such entries.
(2) A fee in respect of any entry shall be payable by the person in whose favour the entry is made.
(1) Any person whose rights, interests or liabilities are required to be, or have been, entered in any record or register under this Chapter, shall be bound, on the requisition of any Revenue Officer or Patwari engaged in compiling or revising the record or register, to furnish or produce for his inspection, all such information or documents needed for the correct compilation or revision thereof as may be within his knowledge or in his possession or power.
(2) The Revenue Officer or Patwari to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall give a written acknowledgement thereof to the person furnishing or producing the same, and shall endorse on any such document a note over his signature, stating the fact of its production and the date thereof.
(2) If a person acquires the right through a registered document, the registering authority shall, in the prescribed manner, make a report of the acquisition of the right to the Patwari or the Service Centre Official.]
Notwithstanding anything to the contrary in any other law, or in any order or decree of Court or other authority, or in any rule of custom or usage, or in any contract, instrument, deed or other document, all mines and minerals shall be and shall always be deemed to have been the property of Government, and Government shall have all powers necessary for the proper enjoyment of its rights thereto.
Explanation.- For the purposes of this section, “Government”, in relation to nuclear energy, mineral oil and natural gas, shall mean the
(1) When in any record-of-rights completed on or before the eighteenth day of November, 1871, in territories where the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), was, with or without modifications, in force immediately before the commencement of this Act
(2) When in any record-of-rights completed after eighteenth day of November, 1871, or the seventeenth day of July, 1879, as the case may be, it is not expressly provided that any forest or quarry, or any such land, produce or interest as aforesaid, belongs to Government, it shall be presumed to belong to the land-owners concerned.
(3) The presumption created by sub-section (1) may be rebutted by showing- (a) from the record or report made by
(1) Whenever, in the exercise of any right of Government referred to in sections 49 and 50, the rights of any person are infringed by the occupation or disturbance of the surface of any land, Government shall pay, or cause to be paid, to that person compensation for the infringement.
(2) The compensation shall be determined, as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894 (Act I of 1894).
Any entry made in a record-of-rights in accordance with the law for the time being in force, or in a periodical record in accordance with the provisions of this Chapter and the rules made thereunder, shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.
If any person considers himself aggrieved by an entry in a record-of-rights or in a periodical record as to any right of which he is in possession, he may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877 (Act I of 1877).
The Board of Revenue may, by notification, direct that a record-of-rights shall be made for any group of neighbouring estates instead of separately for each of such estates and thereupon the provisions of this Chapter with respect to a record-of-rights and a periodical record for an estate shall so far as they can be made applicable, apply to the record-of-rights and the periodical record for such group of estates as if the group were an estate.
(1)
(2) Whoever fails, without reasonable cause, to furnish the information required under sub-section (1) or furnishes information which he knows, or has reason to believe to be false or omits to give any information material for the purpose for which it is required, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
(3) No court shall take cognizance of an offence punishable under this section, except on a complaint in writing by a Revenue Officer especially or generally empowered in this behalf b
The Board of Revenue may, with the previous approval of Government, make rules-
(1) All land, to whatever purpose applied and wherever situate, is liable to the payment of land-revenue to Government, except-
(1) The assessment of land-revenue shall be based on an estimate of the average money value of the gross produce of an estate or a group of estates, in which the land concerned is situated.
(2) Such estimate shall be made in the prescribed manner.
If the land-revenue is assessed as a fixed annual charge, the amount thereof, and if it is assessed in the form of prescribed rate, the average amount which, according to an estimate in writing approved by Government or the Board of Revenue, as the case may be, will be leviable annually, shall not, in the case of an assessment circle, exceed one-fourth of the estimated money-value of the net assets of such assessment circle.
(1) Assessments of land-revenue may be general or special.
(2) A general assessment or re-assessment of the land-revenue of any area shall not be undertaken without the previous sanction of Government and notification of that sanction.
(3) In granting such sanction Government may give such instructions consistent with the provisions of this Act and the rules made thereunder as it may deem fit.
(1) A general assessment shall be made by a Revenue Officer.
(2) Before making such assessment the Revenue Officer shall report through the
(1) After consideration of the proposals submitted by the Revenue Officer under the provisions of section 60, the Board of Revenue shall pass such orders as it may deem fit, subject to the provisions of sub-sections (3) and (4), and on the receipt of such orders the Revenue Officer shall make an order determining the assessment proper for each estate concerned and shall announce it in such manner as Government may by rules prescribe.
(2) At the time of announcing the assessment the Revenue Officer shall also declare the date from which it is to take effect, and, subject to the other provisions of this Act, it shall take effect accordingly.
(3) Subject to the provisions of sub-section (4), the average rate of assessment imposed under the provisions of sub-section (1) on any assessment circle forming part of any area in respect of which a notification has been issued under sub-section (2) of section 59 shall not exceed the rate of assessment imposed at the last previous
(1) Any land owner may, within thirty days from the date of the announcement of the assessment, present a petition to the Revenue Officer for a reconsideration of the amount, form or conditions of the assessment.
(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.
(1) An assessment, the undertaking of which has been sanctioned under the provisions of section 59, shall not be considered final until it has been confirmed by the Board of Revenue.
(2) At any time before an assessment is so confirmed, the
(3) Before an enhancement is ordered under the provisions of sub-section (2), the
(1) The Board of Revenue shall, when confirming an assessment under sub-section (1) of section 63, fix a period of time for which the assessment shall remain in force.
(2) The period fixed under sub-section (1) shall be twenty-five years:
Provided that a period not exceeding twenty-five years and not shorter than ten years may be fixed for any area, specified by the Board of Revenue, in which canal irrigation has been introduced after the date of the orders passed under the provisions of sub-section (1) of section 61 at the last previous assessment or in which it has been proposed to introduce such irrigation during the period fixed.
Notwithstanding the expiration of the period fixed for the continuance of an assessment under the last foregoing section, the assessment shall remain in force till a new assessment takes effect.
(1) At any time within ninety days from the date of the announcement of an assessment, the land-owner or, where there are more land-owners than one, any of them who would be individually or collectively liable for more than half the sum assessed, may give notice to the Revenue Officer of refusal to be liable for the assessment.
(2) When the Revenue Officer receives a notice under sub-section (1), the Collector may take possession of the estate and deal with it, as nearly as may be, as if the annulment of the assessment thereof had been ordered as a process for the recovery of an arrear of land-revenue due thereon.
(3) While the estate is in the possession of the Collector, the land-owner or land-owners shall be entitled to receive from Government an allowance, to be fixed by the Board of Revenue, which shall not be less than fifty or more than seventy-five per cent of the net income realised by Government from the estate.
(1) If the assessment announced under section 61 is in whole or in part a fixed assessment of an estate for a term of years, the Revenue Officer shall, before the date on which the first instalment thereof becomes payable, make an order distributing it over the several holdings comprised in the estate and make and publish a record of the distribution.
(2) The Collector may for sufficient reasons make an order revising that record at any time while the assessment continues to be in force, and publish the record so revised.
(3) If the assessment announced under section 61 is in the form of rates chargeable according to the results of each year or harvest, a Revenue Officer shall from year to year or from harvest to harvest, as the conditions of the assessment may require, make and publish, not later than one month before the first instalment of the land-revenue falls due, a record of the amount payable in respect of each holding.
(4) Notwithstanding anything cont
(1) Any person affected by a record under sub-section (1) or sub-section (3) of the last foregoing section or by the revision of a record under sub-section (2) of that section, may, within thirty days from the date of the publication of the record, present a petition to the Revenue Officer for a re-consideration of the record so far as it affects him.
(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.
An appeal from an order under the last foregoing section or section 62 shall lie to the
(1) Notwithstanding the provisions of sections 64 and 65, special assessment may be made by Revenue Officers in the following cases, namely:-
| Category | Enhanced Rate |
|---|---|
| (a) a land owner owning:- (i) irrigated land exceeding 2½ acres but not exceeding 12½ acres; or (ii) unirrigated land exceeding 5 acres but not exceeding 25 acres; or (iii) irrigated land and unirrigated land the aggregate area of which exceeds 2½ acres, but does not exceed 12½ acres of irrigated land as determined under section 70-B. | 50 per cent increase on land revenue determined under the provisions of section 57 and section 70. |
| (b) a land owner owning:- (i) irrigated land exceeding 12½ acres but not exceeding 25 acres; or (ii) unirrigated land exceeding 25 acr |
(2) A land-owner who fails without reasonable cause to comply with the provision of sub-section (1) or the rules or orders made thereunder or wilfully furnishes incomplete or false information shall be deemed to have committed an offence under the provision of sub-section (2) of section 54-A.]
(2) On receipt of such application, the Assistant Collector shall cause a notice of the application to be served on the person on whom the liability to pay the land-revenue may devolve as a result of the transfer of land and after holding such inquiry as he considers necessary, shall pass orders, setting forth his reasons therefor.
(3) Without prejudice to the provisions of sub-sections (1) and (2), the Assistant Collector shall have the power to hold an inquiry a
Government shall, subject to the provisions of section 72, from time to time, make rules prescribing-
Before making any rule under the provisions of section 71, Government shall, in addition to observing the procedure laid down in section 22 of the
Government or the Board of Revenue with the approval of Government may, for the guidance of Revenue Officers, from time to time, issue executive instructions relating to all matters to which the provisions of this Chapter apply; provided that such instructions shall be consistent with the provisions of this Act and the rules made thereunder.
In the case of any holding, the holding and its land-owner shall be liable for the payment of land-revenue thereon, and if there be joint land-owners of a holding, the holding and all the land-owners jointly and severally shall be liable for the payment of the land-revenue.
(1) The land-revenue for the time being assessed and payable in respect of a holding shall be the first charge upon the rents, profits and produce thereof.
(2) Save with the previous consent of the Collector, the rents, profits and produce of a holding shall not be liable to be taken in execution of a decree or order of any Court until the land-revenue chargeable against the rents, profits or produce or any arrear of land-revenue due in respect of the holding, have been paid.
(1) Notwithstanding anything in any record-of-rights, the Board of Revenue may fix the number and amount of the instalments, and the times, places and manner, by, at and in which the land-revenue is to be paid.
(2) Until the Board of Revenue otherwise directs, land-revenue shall be payable by the instalments at the times and places and in the manner, by, at and in which it is payable immediately before the commencement of this Act.
The Board of Revenue may, with the previous approval of Government, make rules not inconsistent with this Act to regulate the collection, remission and suspension of land-revenue.
The costs of any process issued under this Chapter shall be recoverable as part of the arrear of land-revenue in respect of which the process was issued.
A statement of account certified by a Revenue Officer shall be conclusive proof of the existence of an arrear of land-revenue, of its amount and of the person who is the defaulter.
Subject to the other provisions of this Act, an arrear of land-revenue may be recovered by any one or more of the following processes, namely:-
A notice of demand may be issued by Revenue Officer on or after the day following that on which an arrear of land-revenue accrues.
(2)
(3) When the defaulter is brought before the Revenue Officer, the Revenue Officer may cause him to be taken before the Collector, or may keep him under personal restraint for a period not exceeding ten days and then, if the arrear is still unpaid, cause him to be taken before the Collector.
(4) Where the Revenue Officer keeping a defaulter under personal restraint is an Assistant Collector of the second grade, he shall without delay report his action to the Collector, if the period of such restraint exceeds twenty-four ho
(1) At any time after an arrear of land-revenue has accrued, the immovable property and uncut or ungathered crops of the defaulter, may be distrained and sold by order of a Revenue Officer.
(2) The distress and sale shall be conducted, as nearly as may be, in accordance with the law for the time being in force for the attachment and sale of movable property under the decree of a Revenue Court:
Provided that, in addition to the particulars exempted by any law for the time being in force from liability to sale, so much of the produce of the land of the defaulter as the Collector thinks necessary for seed grain and for the subsistence, until the harvest next following of the defaulter and his family, and of any cattle exempted by that law shall be exempted from sale under this section.
(1) At any time after an arrear of land-revenue has accrued on a holding, the Collector may transfer the holding to any person being a land-owner of the estate in which such holding is situated and not being a defaulter in respect of his own holding on condition of his paying the arrear being put in possession of the holding and on such further conditions as the Collector may deem fit to impose:
Provided that no order shall be passed under this sub-section for the transfer of a holding unless the processes specified in clauses (b) and (c) of section 80 have first been taken against the land-owner.
(2) The transfer may, as the Collector thinks fit be either till the end of the agricultural year in which the defaulter pays to the transferee the amount of the arrear which the transferee paid before being put in possession of the holding, or for a term not exceeding fifteen years from the commencement of the agricultural year next following the date of the transfer.
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(1) The Collector may instead of transferring under section 84 a holding in respect of which an arrear of land-revenue has accrued, cause such holding to be attached and taken under his own management or that of an agent appointed by him for that purpose.
(2) The Collector or the agent shall be bound by all the engagements which existed between the defaulter and his tenants, if any, and shall be entitled to manage the land and to receive all rents and profits accruing therefrom to the exclusion of the defaulter until the arrear has been satisfied, or until the Collector restores the land to the defaulter.
(3) All surplus profits of the land attached beyond the cost of attachment and management and the amount necessary to meet the current demand for land-revenue and rates and cesses shall be applied in discharge of the arrear.
(4) Land shall not be attached for the same arrear for a longer term than five years from the commencement of the agricultural year next
(1) When an arrear of land-revenue has been due for a longer period than one year, and the foregoing processes are not deemed sufficient for the recovery thereof, the Board of Revenue may, in addition to or instead of all or any of these processes, order the existing assessment of the holding in respect of which the arrear is due to be annulled.
(2) The provisions of this section shall not be put in force for the recovery of an arrear of land-revenue which has accrued on land- (a) while under attachment under section 85, or (b) while under the charge of the Court of Wards.
(3) When the assessment of any land has been annulled under sub-section (1), the Collector may, with the previous sanction of the Board of Revenue, manage the land either himself or through an agent, or let it in farm to any person willing to accept the farm for such term and on such conditions as may be sanctioned by the Board of Revenue:
Provided that the term for which land may be so manag
(1) When any land is attached under section 85, or when the assessment of any land has been annulled under section 86, the Collector shall make proclamation thereof.
(2) No payment made by any person to the defaulter before the making of the proclamation on account of rent or any other asset in anticipation of the usual time for the payment shall, without the previous sanction of the Collector, be credited to that person or relieve him from liability to make the payment to the Collector or his agent or farmer.
(3) No payment made after the making of the proclamation on account of rent or any other asset of the holding to any person other than the Collector or his agent or farmer shall be credited to the person making the payment or relieve him from liability to make the payment to the Collector or his agent or farmer.
When an arrear of land-revenue has accrued and the foregoing processes are not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of the Board of Revenue may, in addition to, or instead of, all or any of those processes, and subject to the provisions hereinafter contained, sell the holding in respect of which the arrear is due:
Provided that land shall not be sold for the recovery of-
(1) Land sold under the provisions of section 88 shall be sold free of all encumbrances; and all grants and contracts previously made by any person other than the purchaser in respect of the land shall become void as against the purchaser at the sale.
(2) Nothing in sub-section (1) shall affect-
(1) If the arrear cannot be recovered by any of the processes hereinbefore provided the Collector may, where the defaulter owns any other holding or any other immovable property, proceed under the provisions of this Act against that property as if it were the land in respect of which the arrear is due:
Provided that no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against.
(2) When the Collector decides to proceed under this section against immovable property other than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or charging of the property.
(3) The Collector may at any time, by order in writing, withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests o
(1) Notwithstanding anything in section 79, when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of the amount so paid.
(2) A suit under sub-section (1) must be instituted in a Court having jurisdiction in the place where the office of the Collector of the District in which the arrear or some part thereof accrued is situate.
(1) On the receipt of the sanction of the Board of Revenue to the sale of any immovable property, the Collector shall issue a proclamation of the intended sale, specifying-
(2) The place of sale specified under clause (a) of sub-section (1), shall be either
A Revenue Officer shall not be answerable for any error, mis-statement or omission in any proclamation under section 92 unless the same has been committed or made dishonestly.
(1) A copy of the proclamation shall be served on the defaulter and be affixed in a conspicuous part of the office of the Tahsildar of the Tahsil in which the property to be sold is situated and shall also be posted in the office of the Collector.
(2) The proclamation shall further be published in the manner prescribed in section 26, and in such other manner as the Collector thinks expedient.
(3) A copy of the proclamation may also be posted in the office of the
(1) The sale shall not take place on a
The Collector may, from time to time, postpone the sale for reasons to be recorded in writing.
If at any time before the bidding at an auction is completed, the defaulter or any other person having interest in the land or in immovable property pays the arrear in respect of which the property has been proclaimed for sale, together with the costs incurred for the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has already paid the same either at the place and in the manner prescribed under section 76 or into Government treasury, the sale shall be stayed.
When the highest bid at an auction has been ascertained, the person who made that bid shall, on the requisition of the officer conducting the sale, pay to that officer a deposit of twenty-five per centum on the amount of his bid and shall, on payment thereof, be declared to be the purchaser, subject to the exercise of any right of pre-emption under the law in force for the time being.
If the person who made the highest bid fails to pay the deposit as required by section 98, the property shall forthwith be put to auction again and sold, and all expenses attending the first sale, and the deficiency of price if any, which may happen on the re-sale may be recovered from him by the Collector as if the same were an arrear of land-revenue.
The full amount of the purchase money shall be paid by the purchaser before the close of the thirtieth day from that on which he was declared to be the purchaser.
In default of payment of the full amount of the purchase money within the period mentioned in section 100, the deposit referred to in section 98, shall, after defraying the expenses of the sale, be forfeited to Government and may, if the Collector, with the previous sanction of the
Every sale of immovable property under this Chapter shall be reported by the Collector to the
(1) At any time within thirty days from the date of the sale, application may be made to the
(2) A sale shall not be set aside on any of the grounds specified in sub-section (1) unless the applicant proves to the satisfaction of the
(1) After the expiration of thirty days from the date of the sale, if such application as is mentioned in section 103 has not been made, or if such application has been made and rejected, the
(2) If at any time within thirty days from the date of the sale, the defaulter pays the arrear in respect of which the property has been sold, together with the costs incurred for the recovery of such arrear, the
Whenever the sale of any property is not confirmed or is set aside, the purchaser shall be entitled to receive back his deposit or his purchase-money, as the case may be.
A sale made after a postponement under section 96, and a re-sale consequent on a purchaser’s default under section 101 or on the setting aside of a sale under section 104, shall be made after the issue of a fresh proclamation in the manner provided for in section 94.
(1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased that property.
(2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and if it was so sold, shall set forth the encumbrances, grants and contracts, if any, specified in the proclamation of the sale as saved by order of the
(3) The certificate shall be deemed to be a valid transfer of the property but need not be registered as a conveyance.
(4) Any suit brought in any Court against the certified purchaser on the ground that the purchase was made on behalf of a person other than the certified purchaser shall not be maintainable.
(5) The certified purchaser of a
(1) The provisions of sections 92, 93, 94, 95, 96, 97, 103, 104, 105 and 106 shall apply, so far as they can be made applicable, to sale of movable property, other than perishable articles, and as if-
(2) Perishable articles shall be sold by auction with the least possible delay in accordance with such order as may from time to time be made by the Collector, either generally or specially in that behalf, and the sale of such articles shall be finally concluded on the spot by the officer conducting such sale and shall not require confirmation.
(1) When the sale of any perishable article is finally concluded by the officer conducting the same, the price of every lot shall be paid for at the time of sale, or as soon thereafter as the said officer may fix, and in default of such payment the property shall forthwith be again put to auction and sold.
(2) On payment of the purchase-money, the officer conducting the sale shall grant a receipt for the same and the sale shall become absolute as against all persons whomsoever.
(1) In case of sale of movable property, other than perishable articles, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum on the amount of his bid, and in default of such deposit the property shall forthwith be again put to auction and sold.
(2) The full amount of purchase-money shall be paid by the purchaser before the close of the seventh day after he is informed of the sale having been confirmed, or, if the said day be a
(3) On receipt of the full amount of the purchase-money, the purchaser shall be granted a receipt for the sale, and the sale shall become absolute as against all persons whomsoever.
(1) When any sale of movable property under this Chapter has become absolute, or when sale of immovable property has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrears, including costs incurred for the recovery thereof, due to Government from the defaulter at the date of the confirmation of the sale, whether the arrears are of land-revenue or of sums recoverable as arrears of land-revenue, and the surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person, then to the owners either collectively or according to the amount of their recorded interests, as the Collector thinks fit.
(2) The surplus shall not, except under the orders of a Court, be paid to any creditor of the person whose property has been sold.
(3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the balance remaining due from the de
(1) If any claim shall be set up by a third person to movable or immovable property attached under the provisions of this Chapter, the Collector shall admit or reject his claim on an inquiry as provided in section 27.
(2) If the claim be admitted, wholly or partly, the property shall be dealt with accordingly and except in so far as it is admitted, the property shall be sold and the title of the purchaser shall be good for all purposes, and the proceeds shall be disposed of in accordance with the provisions of section 111.
When a Village Officer required by rules under section 36 to collect any land-revenue or sum recoverable as an arrear of land-revenue-
the Revenue Officer may, subject to rules which the Board of Revenue may make in this behalf, recover such revenue or sum, from the person from whom it is due, or the Village Officer by whom it was collected, as the case may be, as arrears of land-revenue.
In addition to any sums recoverable as arrears of land-revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely:-
(1) The provisions of Chapter VIII shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable, as if the sum were an arrear of land-revenue, and the person from whom, either as principal or as surety, it is due were a defaulter in respect of such an arrear.
(2) Unless any such sum is declared by any enactment for the time being in force to be recoverable as if it were an arrear of land-revenue due in respect of the land charged therewith, the provisions of section 90 shall apply under sub-section (1) to the recovery thereof.
(1) It shall be lawful for the Board of Revenue, whenever it may deem expedient, to direct by notification, the survey of any land in any part of the Province with a view to the settlement of land revenue, the preparation of record-of-rights and preservation thereof, or for any other similar purpose, and such survey shall be called a revenue survey.
(2) A revenue survey may extend to the lands of any village, town, or city generally, or to such land only as may be specified in the notification.
(3) Subject to the orders of the Board of Revenue, it shall be lawful for the officers conducting any such survey to except any land to which it may not seem expedient that such survey should extend.
(1) A Revenue Officer may, for the purpose of framing any record or making any assessment under this Act, or on the application of any person interested, define the limits of any estate, or of any holding, field or other portion of an estate, and may, for the purpose of indicating those limits, require boundary marks to be erected or repaired.
(2) In defining the limits of any land under sub-section (1), the Revenue Officer may cause boundary marks to be erected on any boundary already determined by, or by order of, any Court or Revenue Officer or any Forest Settlement Officer appointed under the Forest Act, 1927 (Act XVI of 1927), or restore any boundary mark already set up by, or by order of, any Court or any such Officer.
(1) When any land is being surveyed in pursuance of rules under clause (c) of section 55 or under section 116, any Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to attend personally or through authorized agent, and indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights or interests.
(2) If a person to whom the notice or proclamation is addressed fails to comply with the requisition, he shall be liable, at the discretion of the Revenue Officer, to a fine which may extend to fifty rupees.
(1) It shall be lawful for the Revenue Officer to call upon all owners of land and other persons interested therein to assist in the measurement or classification of the lands to which the survey extends by providing flag-holders and chainmen, and such owners shall be bound to provide suitable persons to act as flag-holders and chainmen.
(2) If the owners of land fail to provide suitable persons to act as flag-holders and chainmen, or do not provide them in sufficient number, and it becomes necessary to employ hired labour for the object aforesaid, or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof with all contingent expenses, on the lands surveyed, for collection as an arrear of land-revenue from such owners.
(1) If it is found necessary to make a survey by an agency other than that of Revenue Officers and Village Officers, the Board of Revenue may publish a notification stating-
(2) From the date of the notification, the officers specified therein, and the person acting under their orders, shall have, for the purposes of the survey, the powers conferred on Revenue Officers by section 30.
(1) The Board of Revenue may make rules as to the manner in which the boundaries of all or any of the estates in any local area are to be demarcated and as to the boundary marks to be erected within those estates.
(2) Rules under this section may prescribe, among other matters, the form of boundary marks and the material to be used in their construction.
(1) The settlement of a boundary under any of the foregoing provisions of this Chapter shall, subject to the provisions of Chapter XIII, be determinative-
(2) Where a boundary has been so fixed, the Collector may, under rules to be framed in this behalf by the Board of Revenue with the previous approval of Government, evict any land-owner who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.
(1) When any two or more estates are subject to river action and the limits of any such estates are, by any law, rule of custom or usage, or order or decree of any Court or other authority, applicable thereto, liable to vary according as variations may from time to time occur in the course or action of such river, the Board of Revenue may order a permanent boundary line to be fixed between any such estates or such portions thereof as are liable to river action.
(2) Upon an order being made under sub-section (1), the Collector shall fix a boundary line between such estates or portions of such estates accordingly, and shall demarcate the same, in accordance with the provisions of section 117, and of the rules, if any, made under section 121.
(1) Every boundary line fixed in accordance with the provisions of section 123 shall, notwithstanding anything to the contrary in any law, rule of custom or usage, or order or decree of any Court or other authority, be fixed as constant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to the other provisions of this section, vest in the land-owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situate.
(2) If, by the operation of sub-section (1), the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation, or reasonably fit for cultivation, or yields any produce of substantial value, be transferred from the land-owners and other right-holders of any one estate, to the land-owners of any other
When any order has been made under sub-section (2) of section 124, the land-owners, or any of them in whom, but for such order, the rights in the land specified therein would vest, may apply in writing to the Collector to forthwith transfer the rights the transfer of which has been suspended by such order, upon payment of compensation for the same.
(1) When an application under section 25 is made, the Collector shall-
Provided that, notwithstanding anything contained in this sub-sectio
Notwithstanding the provisions of sections 124, 125 and 126, when any person possessing any rights in any land, in regard to the rights in which an order has been made under sub-section (2) of section 124, voluntarily transfers such rights to any land-owners of the estate, in the land-owners of which but for such order such rights would vest under the operation of sub-section (1) of that section, the rights so transferred shall forthwith cease to be subject to such order and vest in the land-owners to whom they have been so transferred.
In every case in which, under the provisions of section 124, or sections 125 and 126, or section 127, proprietary or other rights in land are transferred from the land-owners, and other right-holders of any one estate to the land-owners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities which, under any law or custom for the time being in force, apply to the rights of the land-owners of the estate to which such rights are so transferred.
(1) Subject to any rules which the Board of Revenue may, with the previous approval of Government, make in this behalf, boundary and survey marks shall be erected and kept in repair by or at the cost of the persons interested in the land for the indication of the limits of which they are required:
Provided that Government may in any case direct that the cost of erection shall be borne by Government or be paid out of the proceeds of the Village Officers’ cess.
(2) It shall be the duty of the Village Officers to prevent the destruction or unauthorised alteration of the village boundary and survey marks.
(1) If the persons interested in the land fail to erect or repair a boundary or survey mark within thirty days from the date of their being required by a Revenue Officer to do so, the Revenue Officer may cause it to be erected or repaired.
(2) Where the Revenue Officer causes a boundary or survey mark to be erected or repaired he shall, subject to any rules or direction under section 129, apportion the cost among the persons interested in the land in such manner as he deems just, and certify, the same to the Collector.
(3) The Collector may recover the cost from such persons as if it were an arrear of land revenue.
Every land-owner shall be responsible for the maintenance and good repair of the boundary and survey marks of his holding, and for any charges reasonably incurred on account of the same by the Revenue Officers in cases of alteration, removal or disrepair.
Every Village Officer of an estate shall be bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to, any boundary or survey mark lawfully erected in the estate.
(1) Save as may specifically be otherwise provided for in the rules made in this behalf by the Board of Revenue, with the previous approval of Government, land measurement or survey shall be based on square system or rectangulation, and no survey or khasra number shall be made less than one acre in area.
(2) The rules made under sub-section (1) may also lay down conditions for and restrictions upon sub-division of surveys or khasra numbers.
(1) If any person wilfully destroys or injures or without lawful authority removes a boundary or survey mark lawfully erected, he may be ordered by a Revenue Officer to pay such fine not exceeding
(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of the Pakistan Penal Code (Act XLV of 1860).
Any joint owner of land may apply to a Revenue Officer for partition of his share in the land if—
Notwithstanding the provisions of section 135-
The Revenue Officer, on receiving the application under section 135 shall, if it is in order, and not against the provisions of the West Pakistan Land Reforms Regulation, 1959 *(Martial Law Regulation No. 64), and not open to objection on the face of it, fix a day for the hearing thereof, and-
On the day fixed under section 137 for the hearing of the application, or on any other day to which the hearing may be adjourned, the Revenue Officer shall ascertain whether any of the other co-shares desire the partition of their shares also, and if any of them so desires, he shall add him as an applicant for partition.
After examining such of the co-sharers and other persons as may be present on that day, the Revenue Officer may, if he is of opinion that there is good and sufficient cause for partition to be disallowed, reject the application, recording the grounds for such rejection.
If the Revenue Officer does not reject the application under section 139, he shall ascertain the questions, if any, in dispute between any of the persons interested, distinguishing between—
(1) When there is a question as to title in any property of which partition is sought, the Revenue Officer may decline to grant the application for partition until the question has been determined by a competent Court, or he may himself proceed to determine the question as though he were such a Court.
(2) Where the Revenue Officer does not himself proceed to determine the question of title as a Civil Court, he may, for reasons to be recorded by him in this behalf, require a party specified by him to file a suit in a Civil Court, within such period not exceeding ninety days from the date of his order as he may fix, for obtaining a decision regarding the question.
(3) On the filing of a civil suit by the party required so to do within the specified period, the Revenue Officer shall suspend further action on the application for partition till the said civil suit is decided by the Court and a copy of the Court’s order is produced before him.
(4) In case the party s
(1) When there is a question as to the property to be divided, or the mode of making a partition, the Revenue Officer shall, after such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.
(2) An appeal may be preferred from an order under sub-section (1) within thirty days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the Revenue Officer by the authority to whom the appeal has been preferred, the Revenue Officer shall stay further proceedings pending the disposal of the appeal.
(3) If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his share, he shall be permitted to withdraw therefrom on such terms as the Revenue Officer thinks fit.
(4) When an applicant withdraws under the prov
When any such property as is referred to in clause (b) of section 136 is excluded from partition, the Revenue Officer may determine the extent to and the manner in which the co-shares and other persons interested therein may make use thereof, and the proportion in which expenditure incurred thereon and profit derived therefrom are, respectively, to be borne by and divided among those persons or any of them.
(1) The amount of revenue* to be paid in respect of each of the holdings into which land has been divided on a partition shall be determined by the Revenue Officer making the partition.
(2) The decision of the Revenue Officer under sub-section (1) as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate is subject to a fixed assessment, be deemed to be an order under sub-section (1) of section 67.
(3) Where new estates have been created at a partition and the land-revenue has been fraudulently or erroneously distributed among them, the Board of Revenue may, within twelve years from the time of discovery of the fraud or error, order a new distribution of the land revenue among the several estates, on an estimate of the assets of each estate at the time of the partition to be made conformably to the best evidence and information procurable respecting the same.
When a partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.
An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings and their legal representatives, and a Revenue Officer shall, on application made to him for the purpose by any such owner at any time within three years from the date recorded in the instrument of partition under section 145, give effect to that instrument so far as it concerns the applicant as if it were a decree for immovable property.
(1) In any case in which a partition has been made without the intervention of a Revenue Officer, any party thereto may apply to a Revenue Officer for an order affirming the partition.
(2) On receiving the application, the Revenue Officer shall enquire into the case, and if he finds that the partition has in fact been made, he may make an order affirming it and proceed under sections 143, 144, 145 and 146, or any of those sections, as circumstances may require, in the same manner as if the partition had been made on an application to himself under this Chapter.
The Board of Revenue may, with the previous approval of Government, make rules for determining the costs of partitions under this Chapter and the mode in which such costs are to be apportioned.
When by established custom, any land in an estate is subject to periodical re-distribution, a Revenue Officer may, on the application of any of the land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or any of the powers of a Revenue Officer in proceedings for partition.
The Revenue Officer by whom proceedings may be taken under this Chapter shall be a Revenue Officer not below an Assistant Collector of the First Grade.
(1) Any Revenue Officer may, with the consent of the parties, refer to arbitration any dispute arising before him in any matter under this Act.
(2) A Collector, or any Assistant Collector of the First Grade may, without the consent of the parties, refer to arbitration any dispute before him with respect to—
(1) In referring a dispute to arbitration, a Revenue Officer shall make an order of reference and specify therein the precise matter submitted to arbitration, the number of arbitrators which each party to the dispute is to nominate, period within which arbitrators are to be nominated, and the period within which the award is to be delivered.
(2) The number of arbitrators which each party may nominate must be the same and must not exceed two.
(3) If from any cause arbitrators are not nominated or an award is not delivered within the period fixed for in the order of reference, the Revenue Officer, may, from time to time, extend that period, or may cancel the order of reference.
(1) When an order of reference has been made each party may nominate the number of arbitrators specified in the order, and the Revenue Officer shall nominate one other arbitrator.
(2) The Revenue Officer may, for reasons to be recorded by him, make an order disallowing any nomination made by either party and requiring the party to make another nomination within a time to be specified in the order.
(3) An order under sub-section (2) shall be final.
If an arbitrator nominated by a party dies, desires to be discharged, or refuses or becomes incapable to act, the party may nominate another person in his stead.
In any of the following cases, namely:-
the Revenue Officer may nominate a person as arbitrator.
(1) The Revenue Officer shall, on the application of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators desire to examine as he may issue in any proceedings under this Act before himself.
(2) Any such party or witness shall be bound to appear before the arbitrators in obedience to a process issued under sub-section (1), either in person or by agent, as the arbitrators may require.
(3) The person attending in obedience to the process 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 may be specified in the process.
(1) The arbitrators shall make an award in writing under their hands concerning the matters referred to them for arbitration, and state therein their reasons therefor, and any arbitrator dissenting from the award made by a majority of the arbitrators shall state the grounds of his dissent.
(2) The arbitrators shall present the award to the Revenue Officer in person or by agent, or send the same to him by registered post.
(1) When the award has been received, the Revenue Officer shall fix a date for the consideration of the award.
(2) On the date fixed under sub-section (1) or on any subsequent date to which an adjournment may be made, the Revenue Officer shall hear any objections which the parties may have to make to the award.
(1) The Revenue Officer may accept, modify or reject the award, recording his reasons for doing so in his decision respecting the dispute which was referred to arbitration.
(2) An appeal shall lie from the decision of the Revenue Officer made under sub-section (1) as if arbitrators had not been appointed.
Nothing in the Arbitration Act, 1940 (Act X of 1940), shall apply to any arbitration under this Chapter.
(1) Save as otherwise provided by this Act, an appeal shall lie from an original or appellate order of a Revenue Officer as follows, namely:-
Provided that-
Explanation.- (1) An order passed in review, modifying or reversing a previous order, shall be deemed to be an original order for the purposes of this section.
(2) An
Save as otherwise provided by this Act, the period of limitation for an appeal under section 161 shall run from the date of the order appealed against and shall be-
(1) An Executive District Officer (Revenue), Collector or an Assistant Collector, may, at any time, on his own motion, review any order passed by himself or any of his predecessors-in-office, and on so reviewing modify, reverse or confirm the same.
(2) Any person considering himself aggrieved by an order passed by an Executive District Officer (Revenue), Collector or an Assistant Collector, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was passed or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the order passed against him, may apply for a review of the order to the Executive District Officer (Revenue), Collector or Assistant Collector, as the case may be, and such officer may modify, reverse or confirm any order passed by himself or b
(1) The Board of Revenue, may, at any time, on its own motion, or on an application made to it within ninety days of the passing of any order, call for the record of any case pending before, or disposed of by, any Revenue Officer, subordinate to it.
(2) An Executive District Officer (Revenue) or Collector may, at any time, of his own motion or on an application made to him within ninety days of the passing of any order, call for the record of any case pending before, or disposed of by, any Revenue Officer under his control.
(3) If in any case in which a Collector has called for a record he is of opinion that proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the Executive District Officer (Revenue).
(4) The Board of Revenue may, in any case called for under sub-section (1) and an Executive District Officer (Revenue) may in any case called for under sub-section (2) or reported to hi
(1) An appeal or revision shall not operate as stay of proceedings under the order or decree appealed from or under revision, except so far as the appellate or revisional authority may order, nor shall execution of any order or decree be stayed by reason only of an appeal or application for revision having been made, but the appellate or revisional authority may, for sufficient cause, order stay of execution of any such order or decree.
(2) No order for stay of execution shall be made under sub-section (1), unless the authority making it is satisfied that-
Clerical or arithmetical mistakes in any decree or order made by any Revenue Officer, or errors therein from any accidental slip or omission may, at any time, be corrected by such officer.
Explanation- In this section, “Officer” includes the successor-in-office of the officer.
In the computation of the period for an appeal from or an application for the review or revision of, an order under this Act, the limitation therefor shall be governed by the provisions of the Limitation Act, 1908 (Act IX of 1908).
(1) In either of the following cases, namely:-
that person may apply to a Revenue Officer for leave to deposit the sum 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, which may be chargeable on any notice to be issued of the receipt thereof.
(2) When a deposit has been so received, the liability of the depositor to the headman or other land-owner, for the amount thereof shall be discharged.
(1) If the deposit purports to be made on account of any payment due to Government, it may be credited accordingly.
(2) A Revenue Officer receiving a deposit purporting to be made on any other account 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 to the same, or may, if he thinks fit, retain the deposit pending the decision of a Civil Court as to the person so entitled.
(3) No suit or other proceedings shall be instituted against Government or the Board of Revenue, or against any servant of the State, in respect of any thing done in good faith by a Revenue Officer under this section, but nothing herein shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by Revenue Officer.
Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land, or for the attachment or sale of the produce of any land, shall be addressed to the Collector or such Revenue Officer as the Collector may appoint in this behalf, and be executed by the Collector or that officer in accordance with the provisions of the law applicable to the Court issuing the orders, and with any rules not inconsistent therewith made by the Board of Revenue with the concurrence of the High Court and the previous approval of Government.
(1) The attachment of the produce of any land in pursuance of an order of any Court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it or doing any other act necessary for its preservation.
(2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
(3) When sale of produce follows on its attachment, the purchaser shall be entitled, by himself or by any person appointed by him in this behalf, to enter upon the place where the produce is, and do all that is necessary for the purpose of preserving and removing it.
(1) Except as otherwise provided by this Act, no Civil Court shall have jurisdiction in any matter which Government, the Board of Revenue, or any Revenue Officer, is empowered by this Act to dispose of, or take cognizance of the manner in which Government, the Board of Revenue, or any Revenue Officer exercises any powers vested in it or him by or under this Act.
(2) Without prejudice to the generality of the provisions of sub-section (1), a Civil Court shall not exercise jurisdiction over any of the following matters, namely:-
(1) The Board of Revenue may, by notification, invest any Revenue Officer making or specially revising record-of-rights in any local area in pursuance of a notification under section 40, or making a general re-assessment of land revenue in any local area in pursuance of a notification under section 59, or any Revenue Officer in a Colony as defined in the Colonization of Government Lands (Punjab) Act, 1912 (Punjab Act V of 1912), or any Revenue Officer to whose control that Officer is subject with all or any of the powers of any Court, constituted under the
(2) The Board of Revenue may cancel an order notified under sub-section (1) wholly or in part.
(3) While an order or any part of an order under sub-section (1) continues in force, the powers conferred thereby sha
(1) The Board of Revenue may by notification direct that the provisions of this Act with respect to the superintendence and control over Revenue Officers shall apply to any Revenue Officer who has been invested with the powers of a Civil Court of any of the classes specified in the
(2) In the absence of any such notification, a Revenue Officer invested under section 173 with the powers of any such Civil Court as aforesaid shall, with respect to the exercise of those powers, be deemed to be such a Civi
Explanation.- An edition of the record-of-rights made before the coming into force of this Act, under the provisions of section 33 of the Punjab Land Revenue Act, 1887, or under the provisions of any other law repealed by this Act, shall be deemed to be a periodical record f
(1) Any record or paper which a Village Officer is required by law, or by any rule made under this Act, to prepare or keep shall be deemed to be the property of Government.
Subject to such rules and the payment of such fees as the Board of Revenue may from time to time prescribe in this behalf, all maps and land-records prepared or required to be made under this Act shall be open to the inspection of the public at reasonable hours, and certified extracts from the same or certified copies thereof shall be given to all persons applying for the same
(1) A Revenue Officer, or a person employed in a Revenue Office, shall not-
(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a share-holder in a company incorporated under the Companies Act, 1913 **(Act VII of 1913), or under any other law for the time being in force relating to a body or bodies corporate.
Wherever in this Act it is provided that a decision or order shall be final, it shall be deemed to mean that no appeal lies from such decision or order; but nothing herein shall be construed as precluding the Board of Revenue from modifying reversing or setting aside any such decision or order under the provisions of section 164.
Notwithstanding anything contained in this Act, headmen (Lambardars) shall not be appointed in, nor shall rules for their appointment be enforced in or made applicable to, any area or part of the Province where the law in force immediately before the commencement of this Act did not provide for the making of such appointment or rules.
No suit, prosecution or other legal proceedings shall lie against a Revenue Officer for anything done or ordered to be done in good faith by him as such in pursuance of the provisions of this Act, or of any other law for the time being in force.
The Board of Revenue, with the previous approval of Government, may, in addition to the other rules which may be made by it under this Act, make rules not inconsistent with this Act-
The power to make any rules under this Act is subject to the condition of the rules being made after previous publication.
(1) The enactments mentioned in Part One of the Schedule are hereby repealed.
(2) On the commencement of this Act in any area the enactments mentioned in Part Two of the Schedule shall, if and, in so far as applicable to that area, stand repealed; and in the event of specified provisions of this Act being applied to any area, only the corresponding provisions in such enactments shall stand repealed.
(3) Notwithstanding the repeal of the enactments mentioned in sub-section (2)—
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