The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952

Act No. 8 of 1953

15th April, 1953

An Act to vest proprietary rights in occupancy tenants and to provide for payment of compensation to the landlords whose rights are extinguished and for certain consequential and incidental matters. 1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated 1st October, 1952, pages 1061-62; for proceedings in the Assembly see Punjab Legislative Assembly Debates, 1953. 2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1955, page 21. 3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1958, page 10. 4. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra.), 1959, page 10. 5. See Haryana Government Gazette (Extra.), dated 29th October, 1968, pages 531-567.

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S.1 Short title, extent and commencement

(1) This Act may be called the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952.

(2) It extends to the whole of the 6Principal territories.

(3) It shall be deemed to have come into force on the 15th day of June, 1952.

6. Substituted for the words "State of Punjab" by the Haryana Adaptation of Laws Order, 1968.

S.2 Definitions

In this Act, unless the context otherwise requires,-

• (a) "Appointed day" means-
  • (i) in relation to any tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant of any land in the revenue records, the 15th day of June, 1952;
  • (ii) in relation to any tenant who obtains a right of occupancy in any land after the commencement of this Act, the date on which he obtains such right of occupancy;
• (b) "Collector" means the Collector of the district in which the land, in respect of which proprietary rights are vested in an occupancy tenant under this Act, is situate, and includes any officer not below the rank of an Assistant Collector of the First Grade specially empowered by the State Government to perform the duties of a Collector under this Act;
• (c) "Commissioner" and "Financial Commissioner" have the meanings respectively assigned to them under the Punjab Land Revenue Act, 1887
  

S.3 Vesting of proprietary rights in occupancy tenants and extinguishment of corresponding rights of landlords

Notwithstanding anything to the contrary contained in any law, custom or usage for the time being in force on and from the appointed day-

• (a) all rights, title, and interest (including the contingent interest, if any, recognized by any law, custom or usage for the time being in force and including the share in the Shamilat with respect to the land concerned) of the landlord in the land held under him by an occupancy tenant, shall be extinguished, and such rights, title and interest shall be deemed to vest in the occupancy tenant free from all encumbrances, if any, created by the landlord:

  Provided that the occupancy tenant shall have the option not to acquire the share in the Shamilat by giving a notice in writing to the Collector within six months of the publication of this Act or from the date of his obtaining occupancy rights whichever is later;

• (b) the landlord shall cease to have any right to collect or receive any rent or any share of
  

S.4 Determination of compensation payable to landlord

(1) Any landlord whose rights have been extinguished under section 3 may, within twelve months from the appointed day, apply to the Collector, in such form as may be prescribed, for the determination of the amount of compensation payable to him by the occupancy tenant:

Provided that the Collector may entertain the application after the expiry of the said period of twelve months if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time.

(2) On receipt of an application under sub-section (1), the Collector shall issue notice to the parties concerned and, after giving the parties an opportunity of being heard and after making such inquiry as may be prescribed, shall make an award determining the amount of compensation payable by the occupancy tenant to the landlord in accordance with the provisions of section 5.

(3) Where there is any dispute as to the person or persons who are entitled to the compensation, the Col

S.5 Principles of compensation

The amount of compensation payable to the landlord under this Act shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say:-

• (a) where the rent payable by the occupancy tenant is expressed in terms of the land revenue in respect of the land, the amount of compensation shall,-
  • (i) if the right of occupancy has been obtained on any of the grounds specified in section 5 of the Punjab Tenancy Act, 1887 (Punjab Act 16 of 1887), be equal to the annual rent (exclusive of land revenue and cesses) plus one anna for every rupee of the annual land revenue multiplied in each case by twenty;
  • (ii) in any other case, be equal to the annual rent (exclusive of land revenue and cesses) plus two annas for every rupee of the annual land revenue multiplied in each case by twenty-five;

  Illustration (A) If the annual rent (exclusive of land revenue and cesses) is Rs. 50 and the land revenue payable
  

  S.6 Payment of compensation

  (1) The compensation awarded under this Act shall either be paid in cash or be deposited with Collector by the occupancy tenant within a period of three months of the date of the award:

  Provided that the Collector may, having regard to the amount of compensation or for other reasons and after recording his reasons for so doing, allow the occupancy tenant to pay the compensation in such six-monthly instalments, not exceeding in any case six years, as he thinks fit.

  (2) Where the occupancy tenant makes a default in the payment of compensation in accordance with the terms of the award, the amount due may be recovered in the same manner as an arrear of land revenue.

  
  

  S.7 Appeal, review and revision

  (1) An appeal shall lie from-

  • (a) any award or order made by the Collector, to the Commissioner; and
  • (b) any order of the Commissioner, to the Financial Commissioner:

  Provided that when an original award or order is confirmed on first appeal, a further appeal shall not lie.

  (2) The Collector, the Commissioner or the Financial Commissioner may, either of his own motion or on the application made within ninety days of the party interested, review and on such review, modify, reverse or confirm any order passed by himself or by any of his predecessors in office; and such power shall be exercised subject to the provisions, so far as they may be applicable, of section 82 of the Punjab Tenancy Act, 1887 (Punjab Act 16 of 1887).

  (3) With respect to all matters dealt with under this Act, the Financial Commissioner shall have the same power to call for, examine and revise the proceedings of the Collector or the Commissioner as provided in sec
  

  S.8 Certain mortgages and charges not enforceable against land held by occupancy tenants

  Notwithstanding anything contained in any contract or in any law for the time being in force, no claim or liability, whether under any decree or order of a civil court or otherwise, enforceable against a landlord for any money which is charged on, or is secured by a mortgage of, any land held under him by an occupancy tenant, shall be enforceable against the land, and every such claim or liability shall be deemed to be a charge on the compensation payable to the landlord in respect of such land.

  
  

  S.9 Act not to apply to certain evacuee property

  1(1) Nothing in this Act shall apply to evacuee property as defined in the Administration of Evacuee Property Act, 1950 (31 of 1950).

  (2) Notwithstanding anything contained in sub-section (1), the provisions of this Act shall, subject to the provisions of sub-section (3), apply to-

  • (a) a person who, after the commencement of this Act, obtains a right of occupancy from the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954); and
  • (b) an occupancy tenant of a landlord who is an evacuee as defined in clause (d) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950).

  (3) For the purposes of section 3 and sub-section (1) of section 4, the appointed date, in relation to a person referred to in sub-section (2), shall, notwithstanding anything to the contrary contained in this Act or in any judgment, decree or order of any court, be,-

  • (i) in the case
    

  S.10 Bar of jurisdiction

  Save as otherwise expressly provided in this Act, every award or order made by the Collector, Commissioner or Financial Commissioner shall be final, and no proceeding or order taken or made under this Act, shall be called in question by any court or before any officer or authority.

  
  

  S.11 Bar to legal proceedings

  No prosecution, suit or other legal proceeding shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules made thereunder.

  
  

  S.12 Power to make rules

  (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

  (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

  • (a) the form and manner in which an application for determination of compensation may be made by the landlord;
  • (b) the form of notice and the manner in which notices may be served under this Act;
  • (c) the manner in which inquiries may be held under this Act;
  • (d) the manner in which compensation may be paid;
  • (e) the manner in which appeals and applications for review and revision may be filed;
  • (f) any other matter which has to be or may be prescribed.
  
  

  S.13 Repeal and saving

  The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1951 (President's Act 8 of 1951), is hereby repealed but, notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done or action was taken.