1953 : Pb, Act IX] ABOLITION OF ALA MALIKIYAT — 217 AND TALUKDARI RIGHTS THE PUNJAB ABOLITION OF ALAMALIKIYAT AND SECTIONS. l. im
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12. TALUKDARI RIGHTS ACT, 1953 TABLE OF CONTENTS Short title, extent and commencement. Definitions. Abolition of rights of ala maliks and vesti ; prietary rights in.adna maliks. ing of full pro Determination of compensation payable to ala maliks. Principles of compensation. Payment of compensation. Appeal, review and revision. Certain mortgages and charges not enforceable against land held by adna maliks. Act not to apply to evacuee property. Bar of jurisdiction. Bar to legal proceedings. Power to make rules. Repeal of President’s Act IX of 1951. ° ? j 1953: Pb. Act IX] ABOLITION oF ALA MALIKIY , 4 L AT AND TALUKDARI RIGHTS 219 THE PUNJAB ABOLITION OF , OF ALA MALIKIYA’ AND TALUKDARI RIGHTS ACT,” i ae PuNJAB ACT No. IX or 1953 [ Received the assent of the President 7 f on th He il, 1953, and was first published in he doy ament Gazette (Extraordinary) of the 15th August, 1953]. 1 [2 | a jl Whether repealed or other- Year No. Short title , wise affected by legislation 1953 1X__| The Punjab Abolition Amended by Punj of Ala Malikiyat or 1961? unjab Act No 2! and Talukdari Rights Act, 1952 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 4968. e y An act to abolish the rights of superior proprietors, to confer full proprietary rights on inferior proprietors in land held by them and to provide for payment of compensation to the superior proprietors whose rights are extinguished and for certain consequential and incidental matters. : Short title, extent Ir is hereb enacted as follows :-~ . . y be called the Punjab Abolition and commence
1. (J) This Act may led of Ala Malikiyat and Talukdar! Rights Act, 1952.
(2) It extends to the whole of the s7Union territory Chandigarh].
(3) It shall come into force )
4. In this Act, unless the context as in the case of land in quires— are divide al once. - otherwise re- Definitions.
(a) ‘‘adna malik” meat Le ich t ary ! which the proprietary . between superior an inferior OWners, the in ‘erior Owner > a 7 ‘ — ae 7 | Reasons see Punjab Government Gazelt® ae jects ane NG Pp ; -oceedi ngs in the extract ry) date ote bSvem bel, 2, Bates 14333 for proceeding Assembly, see Punjab Legislative Assembly ates, ok *For Stat t of Objects and Reasons, see Punjab Government Gare 2Ror Statement 0 si Reorganisa- 290. the Punjab 1961, page bjects) Orders, r the words . ’Substituted fo . . aw tion (Chandigarh) (Adaptation of Ja 1968, (Extraordinary), b ae ' j b” State of Puna Concurrent Su , on State and _. . *ALA MALIKIYAT 1953 :p 220 ABOLITION OF A [ Ph, Ct 1 * AND TALUKDARI RIGHTS ik”’ means, in the Case of Jany . “ala malik” means, c of land in 7 the proprietary rights are divideg berytich superior and inferior OWNErs, the Supe cen owner and includes a falukdar : Tipp “s ” ns the Collector of ¢ . c) “Collector”? mea ; | f the dis. ¢) in which the land, in respect of Which the +: tict of ala malik are abolished, ; 0) €T this Act ;
(d) the expression ‘land’, ‘land revenue’, Pte and any other €xpression not defin , but Used in this Act Shall have the Meanings H 8S res assigned to them in the Punjab Tenancy Ach tee 1887 (Punjab Act XV] of 1887) : : S, and interest (including the con- (ingent Mlerest, if a ¥» T€COgnised by any law Custom or sc8e for the time being in force), of 40 ala malik in the land held under him by an adna Malik shal] be deemed fo have been eX- ‘inguished as from 15th June, 1952, and full Proprietary rights Shall be deemed to have adna malik free from all encumbrances. 4 malik shal] Cease (o have any right to Collect oy receive any rent or Customary due IN respec; 2 > Provided that the ex- the Tight of the ala malik as aforesaid Sh - his yj : a hts ta ¢ ee “Ompensation in 4CCordance With this Act. : bstituted for ge (Chandigarh) Muted for the wor, + bbe oo t ~ ae (Ada lation oun ale Governmeny? by the Punjab Reorganisation P Of Laws On State and “ONCUTFENL Subjects) Order, 1968. SEE'S 1953 : Pb. Act IX] ABOLITION OF ALA MALIKIYAT —43{ AND TALUKDARI RIGHTS . 4. (1) Any ala malik whose tights have been ex- Determination of tinguished under section 3 may, before the 15th of June compensation 1953, apply to the Collect or, in such form e] payable 10 ala . : vas as may be pres- matiks. cribed, for the determination of the amount of sompensation payable to him §
Provided that the Collector may entertain the a plication after the said date if he is satisfied that the applicant was prevented by good and suflicient cause from ling the application m time.
(2) On receipt of an application under sub-section (J). the Collector shall-issue notice to the parties concerned and, after giving them an opportunity of being heard and after making such enquiry as may be prescribed shall make an award determining the amount of compensation payable in accordance with the provision of section 5.
(3) Where there is any dispute as to the person or persons who are entitled to the compensation, the ColJector Shall decide such dispute and if the Collector finds that more than one person is entitled to compensation he shall apportion the amount thereof amongst such persons.
(4) Where the compensation is payable to a minor or to a person having a limited interest, the Collector may make such arrangements as may be equitable having regard to the interests of the minor, the parties concerned and their reversioners. .
(5) The amount of compensation determined under this section shall be payable by the adna malik :
Provided that where a portion of the annual rent or other dues is payable by the Government, that portion of (he compensation,which bears the same proportion to the (otal amount of compensation as the share of (he Government in the annual rent or other dues bears to the (otal amount of rent or other dues, shall be paid by the Government,
5. The amount of compensation payable under (his Priccipes, of Act shall be eight times the amount of annual rent and Sompensition. other dues if any, payable to the ala malik, whether by eel) ABOLITION OF ALA) MALIKIVAT [1953 ' _ AND TALUKDARI RIGHTS the adna malik or whether partly by adna m ly by the Government :
Provided that where the rent or other dues jg paid wholly or partly. in kind, the amount gp tte annual rent or other dues shall be calculated 9 the puch of the average of the price of the produce during ap Asis of fifteen years, commencing from the Ist day of jie 1935, Une, — 6. (1) The compensation awarded unde Shall either be paid in cash fo the party entitled to oe Act deposited with the Collector, by the adna malik or St case may be, by the Government within a Period of th . months of the date of the award - Tee Provided that the Collector may, having Tegard to the amount of compensation or for other reasons to be record. ed by him allow the adna malik to pay the Compensation in such six-monthly instalments payable within a Period A Ppeal, review and paleian, 7. (1) An appeal shall lie from—
(2) any award or order made by the Collector to the Commissioner: and
(6) any order of the Commissioner, to the Financial ommissioner : . Provided that’ when an original award or order 18 confirmed on firs| appeal, a further appeal shall not lie. (2) The Collector, the Com missioner, or the Financial ommissioner, may, either of his own motion or on the application of the partly interested review and on such re- view modify, reverse or confirm any order passed by him- self or by any of his predecessors in office and such power Shall be exercised subject to the provisions, as far as they : ’ , . Lof may be applicable, of section 89 of the Punjab Tenancy i Act, 1887 (Punjab Aci XV] of 1887),
(3) With respect to all matters dealt with under a. Act, the Financial Commissioner shal] have the same Pe: to call for, examine and revise (he proceedings of the : hae : ryy_ of lector or the Commissioner as provided in section 84 of the xvi Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887). IX of 1908. XVI of
1887. 1953 : Pb. Act IX] ABOLITION OF ALA MALIKIYAT 223 AND TALUKDARI RIGHTS
(4) The period of limitation for an appeal under this section shall run from the date of appealed against and shall be as fallen lane or order
(a) when the appeal lies to the Commissioner Si .. Sixt
(b) when the appeal lies to the y days Financial Commissioner Ninety days
(5) In computing the period for an appeal from an award or order under this Act, the Indian Limitati 1908 (IX of 1908) shall apply. an Limitation Act,
(6) For the purposes of this Act, the Collector, the Commissioner and the Financial Commissioner may, in so far as may be necessary or expedient to do so, exercise all the powers of a revenue officer or a revenue court as the case may be under the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887).
8. Notwithstanding anything contained in any con- Certain mortgages tract or in any law for the time being in force, no claim or a _ liability, whether under any decree or order of a civil land held by ada Court or otherwise, enforceable against an ala malik for™ any money which is charged on, or is secured by a mortgage of, any land held under him by an adna malik, shall be enforceable against the land, but every such claim or liability shall be deemed to be a charge on the compensation payable to the ala malik in respect of such land. 169, (1) Nothing iat this Act shall apply to evacuce Act no! fo apply to property as defined in the Miinistration of Evacuee aU Props. Property Act, 1950 (XXXI of 1950).
(2) Notwithstanding anything contained in subsection (1), the provisions of this Act shall, subject to the provisions of sub-section (3), apply to—
(a) a person on whom, after the 15th June, 1952, the rights of an adna malik are conferred by the 1Substituted by Punjab Act No. 21 of 1961, ABOLITION OF ALA MALIKIVAT [1953 , inne AND TALUKDARI RIGHTS Pb, Ace b Central Government] under th isp] sons (Compensation and Rehabiii ied Pe, 1954 (44 of 1954) ; and On) et (4) an adna malik of land held Under an F Who is an evacuee as defined ; Clan’ m section 2 of the Administ: ion ( Property Act, 1950 (3 ;
(3) In Telation to a €rson referred toin SUb-sect; the date of extinguishment of rights of 20 ala may” (2) Vesting of ful] Proprietary ™ Such commencement,] isdiction, 10. Save as otherwise expressly Provided in this Act, every award Or order Made by the Collector, Commis- Sloner or Financia] Co I MmMIssioner shal] be final and no proceedings or order taken or made under this Act shall be Called in question by 4ny Court or before any officer or authority, pro. l. No Prosecution, suit or other legal proceeding Shall lie against the {Central Government] or any officer SO authorised fo; anything which is in £00d faith done or Intended to be done in Pp ursuance of this Act or of any rules lade thereunder. a Ae nore — w=: " . oO *Substituted for the Words “State Government? by the Punjab Reorganisatio (Chandigarh) (Adaptation Of Laws on State and Concurrent Subjects) Order, 1968. F 1953 Pb. Act TX] AROLITION OF ALA MALIKIYAT 225 : AND TALUKDARI RIGHTS |
12. (1) The’ Central Government] ‘may, by noti- Power to make gcation in (he Official Gazette, make rules to carry at the ™ purposes of this Act.
(2) In particular, and withoul prejudice to the generality of (he 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 ala maliks ;
(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.
13. The Punjab Abolition of Ala Malikiyat and Repeal of Presi- Talukdari Rights Act, 1951 (President’s Act IX of 1951) is. °“ me is hereby repealed but, notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Act or the rules thereunder shall be deemed to have been done or taken in oxercise of the powers conferred by or under Act as if this Act was in force on the day on which such thing was done or action taken. es 1Substituted for the words ‘*State Government ’*by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1963,