|THE PUNJAB TENANCY ACT, 1887|
THE PUNJAB TENANCY ACT, 1887.
ACT NO. 16 OF 1887.
[THE PUNJAB TENANCY ACT, 1887.]
ACT 16 OF 1887.
[23 September, 1887.]
For Statement of Objects and Reasons, see "Gazette of India" 1886, Pt. V, p. 659; for report of the Select Committee, see ibid, 1887, Pt. V, P 77; for proceedings in Council, see "Gazette of India", Supplement, 1886, p, 1008, ibid 1887 Pt, VI, pp. 60 and 80.
The Act came into force on the 1st November, 1887, see Notification No.726, "Punjab Gazette", 3rd November, 1887, Part I, p. 578.
For Statement of Objects and Reasons, see "Punjab Gazette", 1925, Extraordinary, pp. 302-03. For report of the select Committee, see ibid, 1925, Part V, pp. 342-45 and for Proceedings in Council see Punjab Legislative Council Debated, Vol. VIII-B pp. 1391-93, 1931-32. It came into force on the 1st of May, 1926, see Revenue Department Notification No. 1364, dated 28th April, 1926, of page 397 of "Punjab Gazette", Pt. I.
For Statement of Objects and Reasons, see "Punjab Gazette", 1927, Part V, p. 24, and for Report of Select Committee, see ibid 1927. Pt. V, pp. 39-40. For Proceedings in Council see the Punjab Legislative Council Debates, Vol. X-B, p. 808. It came into force on 20th January, 1929.
For Statement of Objects and Reasons, see "Punjab Gazette", 1929, Pt. V, p. 7 and Report of the Select Committee, see ibid, 1929, Pt. V. pp. 25-26. For Proceedings in Council see the Punjab Legislative Debates, Vol. XII, pp. 742-44 Vol. XIII, p. 25. It came into force on 1st October, 1929.
For Statement of Objets and Reasons, see "Punjab gazette", 1933, Extraordinary pp. 61-62 and for Proceedings in Council, seethe Punjab Legislative Council , Debates, Vol. XXIII, pp. 1240-52. It came into force on 1st December, 1933,-vide Punjab Government Notification No. 143, dated 5th October, 1933.
THE PUNJAB TENANCY ACT, 1887.
ACT NO. 16 OF 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 :-
1. Title, extent and commencement
(1) This Act may be called the Punjab Tenancy Act, 1887.
For Statement of Objects and Reasons, see "Punjab Gazette" Extraordinary, dated 8th April, 1938, Part V, pp. 7-8. For Report of the Select Committee, see ibid, Part V, pp. 43-45; and for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1938, Vol. V, pp. 440-445, and Vol. X. pp. 163-174.
For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957,page 689.
For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1962,page 1588.
For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969, page 1,120.
(2) It extends to the whole of the territories 1[* * * * * * * ],
[* * * * * * * ], administered by the 3[4(State) Government] of 5[Punjab, [ * * 6 * * ]; and
(3) It shall come into force on such date as the 4[State] Government, with the previous sanction of the 7[Central Government] may by notification appoint in this behalf.
[Power to make rules in anticipation of commencement,] * ** 8 * * * *.
[Repeal.] * * * 9 * * * *
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;
(2) "pay" with its grammatical variations and cognate expression, 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 landlord in money, kind or service by a tenant on account of the use or occupation of land held by him;
The words "including the pergana of Spiti" omitted by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.
The words "for the time being" were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.
Substituted for the words "Leiutenant-Governor" by Government of India (Adaptation of Indian Laws) Order 1937, section 4 (1).
Substituted for the word "Provincial" by the Adaptation of laws Order, 1950.
Substituted for "East Punjab" which had been substituted for "Punjab" by the Indian Independence (Adaptation of Central Acts and Ordinances) Order 1948] by Adaptation of Laws Order, 1950.
The words "except the Haryana District" omitted by the India (Adaptation of Existing Indian Laws) Order, 1947, section 4 (1).
Substituted for the words "Governor-General in Council" by the Government of India (Adaptation of Indian Laws) Order, 1937.
Repealed by the Repealing and Amending Act, 1891 (12 of 1891), section 2(1).
Repealed by the Repealing and Amending Act, 1891 (12 of 1891).
(4) "arrears 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-
(a) an inferior landowner; or
(b) a mortgagee of the rights of a landowner, or
(c) a person to whom a holding has been transferred, or an estate or holding has been let in farm, under the Punjab Land-revenue Act, 18871, for the recovery of an arrears of land-revenue or of a sum recoverable as such an arrears ; or
(d) a person who takes from the 2[Government ] a lease of unoccupied land for the purpose of subletting it;
(6) "landlord" 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 "landlord" include the predecessors and successors in interest of a tenant and landlord, respectively;
(8) "tenancy" means a parcel of land held by a tenant of a landlord under one lease or one set of conditions;
(9) "estate", "landowner" and "holding" have the meaning, respectively assigned to those words in the Punjab Land-revenue Act, 1887;
(10) "land-revenue" means land-revenue assessed under any law for the time being in force or assessable under the Punjab Land-revenue Act, 18871, 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 quit-rent or of commutation for service, to the 1[Government] or to a person to whom the 1[Government] has assigned the right to receive the payment;
Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
(11) "rates and cesses" means rates and cesses which are primarily payable by landowners, and includes-
(a) * * * 2 * * *.
XX of 1883.
(b) the local rate, if any, payable under the Punjab District Boards Act, 1883, and any fee leviable under section 33 of that Act from land-owners for the use of, or benfits derived from, such works as are referred to in section 20, clauses (I) of that Act;
(c) any annual rate chargeable on owners of lands under section 59 of the Northern India Canal and Drainage Act, 1873;
(d) the Ziladari and village officers' cesses; and
(e) sums payable on account of village expenses;
(12) "village-cess" includes any cess, contribution or due which is customarily leviable within an estate and neither a payment for the use of private property or for personal service, nor imposed by or under any enactment for the time being in forced;
(13) "village-officer" means a chief headman, headman or patwari;
(14) "Revenue-officer" or "Revenue Court", in any provision of this Act to 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;
substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
Repealed by the Amending Act, 1891 (12 of 1891).
(15) "jagirdari" includes any person, other than a village-servant, to whom the land-revenue of any land has been assigned in whole or in part by the 1[Government] or by an officer of the 1[Government];
(16) "legal practitioner" means any legal practitioner within the meaning of the Legal Practitioners Act, 18792 except a mukhtar;
(17) "agricultural year" means the year commencing on the sixteenth day of June, on such other date as the 2[State] Government may by notification appoint for any local area;
(18) "notification" means a notification published by authority of the 3[State] Government in the Official Gazette; and
(19) "improvement" means, with reference to as 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.
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 nature of mere repairs and as durably increase their value;
subtituted for the word "Crown" by the Adaptation of Laws Order, 1950.
Unrepealed, Central Acts, Volume II.
Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
But it does not include such clearances, embankments, levellings, 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.
A work which benefits several tenancies may be deemed to be, with respect to each of them, and improvement.
A work executed by a tenant is no an improvement if it substantially diminishes the value of any other part of his landlords' property.
(20) * * * * * *.
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 landowner thereof otherwise than by forfeiture to the Government or than by any voluntary act, has since ceased to be land-owner continuously occupied the land; or
(c) who in a village or estate in which he settled along with 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
Omitted by the India (Adaptation of Existing Indian Laws) order, 1947, section 4 (1). Provisions about Mrqarridars had been added by Punjab Alt 11 of 1925.
(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 the clause (c), the landlord 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 therefore 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 had 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, 1908
A tenant recorded in a record-of-rights sanctioned by the 1[State] Government before the twenty-first day of October, 1868, as a tenant having a rights of occupancy in land which he has continuously occupied from the time of the preparation of that record, shall be deemed to has a right of occupancy in that lands unless the contrary has been established by a decree of a competent Court in the 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, formerly occupied by him for other land belonging to the same landlord, the land taken in exchange shall be held to be subject to the same right occupancy as that to which the land given exchange had not taken place.
1Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
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 under the enactment specified in the same line of the second column of the table.
XXVIII of 1868.
12. Respective rights to landlord and tenant to produce
(1) the rent for the time being payable in respect of 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 landlord.
(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 landlord 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 landlord 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 of appraisement of the produce,
(b) by rates fixed with reference to the nature of the crops grown;
(c) by a rate on recognized measure of area;
(d) by a rent grows 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 be not be commuted in whole or in part into another without the consent of both landlord and tenant.
(2) In the absence of a contract or a decree of order of compete authority to the contrary, a tenant whose rent is taken by any of the methods specified in clauses (a), (b) and 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 rate, or of a 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 landlord
Any person in possession of land occupied without the consent of the landlord 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 landlord 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.
16. Presumption with respect to produce remove before division of 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 there with in a manners contrary to established usage the produce may be deemed to has been as the fullest crop of the same description on similar lands in the neighborhood for that harvest.
17. Appointment of referee for division or appraisement
If either the landlord 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 forgoing section, he may, in discretion, give him instructions with respect to the association with himself of an other persons as assessors, the number, qualification and selection of those assessor, 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 landlord and the tenant of the time and place at which the division or appraisement will be made, but of either the landlord 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 building in which the produce is.
19. Procedure after division or appraisement
(1) The result of the division or appraisement 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 payable 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 description and with similar advantages.
21. Reduction of rents refereed to in the last foregoing "
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 a similar description and with similar advantages.
|Punjab State Acts|