1941 : Pb. Act. V.] JAGIRS 65 THE PUNJAB JAGIRS ACT, 1941, CONTENTS SBCrIONS.
1. Short title.
2. Definitions.
3. Power of Central Government to create new Jagirs.
4, Manner in which new assignments are to be expressed.
5. Assessment and Collection.
6. Grants made on or since 1st April, 1937.
7. Rule of descent in family of Jagirdar.
8. Power to answer certain conditions to assignments when the rule of descent is declared.
9. Power to enforce rules and conditions under sections 7 and 8.
10. Authority for Government to declare former Jagirs subjects to the rules, conditions and powers enacted by sections 7, 8 and 9.
11. Powers of Courts.
12. Savings.
13. Repeals.
1941 : Pb. Act. VI JAGIRs 67 THE PUNJAB JAGIRS ACT, 1941. - PunsAB ACT No. V OF 1941, [ Received the assent of His Excellency the Governor on the Government Gazette (Extraordinary), Punjab, 3rd March, 1941.) ), Punjab, of he Year No. Short title Whether repealed or otherwise affected by legislat ion 1941 | .. V | The Punjab Jagirs Amended by Stati ] Act, 1941 Py lggotho Adaptation of Laws Amended by the Adaptation of Laws (Third Amendment) Order, 1951 Amended by the Punjab Re-organisation (Chandigarh) (Adaptation' of Lawson Stateand Concurrent Subjects) Order, 1968 An Act to provide for the assignment of Land Revenue by way of Jegir grants.
! Whereas it is expedient to consolidate the law govern- Ing the assignments of land revenue and other grants hitheroknown as jagirs, and to make more precise provisions rearding the manner in which such assignments are to be ade or continued in the future ;
e e e ——————————————————————— . For the Statement of Objects.and Reasous, see Government Gazette (Bxtra- Oordinary), Punjab, 1940, page 369; for Select Gommitted!s Report, see ibid, 1941, Pages 1925 ; for ‘Procesdings in the Punjab Legislative Assembly, see Punjab tive Assembly Debates, Volume XV, pages 72—85, 220—28, 630 and 797— 27th February, 1941, and was _first ' published in the Preamble.
= Short title.
Definitions. § Power of *{Central 3. Government shal Government) 68 JAGIRS [1941 : P, Agt, V.]W It is hereby ‘eqagtpd‘agflfgllpws‘ e
1. This Act ms{y be called the Punjab Jagirs Act, 19 "
2. In this Act, unless there be anything Tepugnan .
ubject or context,— . - te s (iz “ Government” means the 1[Central GOVern.
ment] : :
(b) “Jagir” includes— i assignment of land revenue made W anydéemgd to have been made under thig Act;
ii) any assignment of land revenue made by coy, . 3IIJeten% authority, before the passing of this Acty <l iii) any grant of money made or continued by or G 2 gngrbehalf of Ithe Central or State Goyernment] which purports to be or is eXpressed to be payable out of the land revenue ; and C
(iv) any estate in land created or affirmed by or on -behalf of *[the Central or State Govern- ment] which carries with it the right of collecting land revenue or receiving any portion of the land revenue ; and (©) “Jagirdar” méans the holder of any grant fal- ling within the definition of a Jagir, 1 have power to make in any one create new jagirs, YEAT NEW assignments of land revenue by way of jagirs not exceeding in value five thousand rupees :
Provided that if in either of the two preceding years the value of Jagi 8Irs granted has fallen short of five thousand Tupees, the amourit by which: it has so fallen short in either —_— - — *Substituted fq “the. » . . Amendment) Or!lex‘:“'1t9hS~l.wm"ds the-Crowa by the Adaptation of Laws (Third o (chosituted. for the 'words" “Stite Governmeny jab Reorganisa- fsa, (Chandigarh) (Adaptagime et on'State and’ openrmer T2l Reoratlt 1941 : Pb. Act V.] JAGIRS 69 or both of these years may be added to the am, thousand rupees which Government is empog/g::d()f vy mally to assign in any one year. nor-
4. (1) The terms of jagir created under thi Manner in provide for an assignment, not exceeding a fixif gtnfllllflll are 1 t"i"m :
sum, or for the grant of an annual sum of money charged on *** o the whole or part of the land revenue arising from a specified area, and subject in either case to such deductions on’ account of collection, suspension or remission of land revenue as Government may direct.
(2) A jagir created under this Act may be continue after the death of the original jagirdar, but tie terms th:rg of shall be so expressed as to provide that the amount assigned to the next holder shall not exceed half of the amount assigned to_his predecessor, and that the jagir shall be extinguished after the death of the second holder.
Assessment and
5. Any land revenue assigned under the powers here- L collection.
inbefore conferred shall be assessed and collected in the manner provided by the law for the time being in force for the assessment and collection of land revenue as if it has not been so assigned.
vernment on or since the Grants made on or e since 1Ist April, 6. Any jagir created by Go first day of April, 1937, shall be deemed to have been mad under the powers hereinbefore conferred and shall be assessed and collected in the manner hereinbefore provided.
7. (1) Where Government has heretofore declared OF Rule of descent in e of descent in family of jagirdar.
at time hereafter declares that any rul i any time herea o e family Il ‘on to any jagir shall preval e O e il dtent 11 ch deemed to prevail, of jagirdars, such rule of descent sha 2 and to have prevailed, from the time when the declaration was made, anything in any law or contract to the contrary notwithstanding :
Provided that no such delcaration shall hereafter be made unless‘an.dvuntll——-' . v N Goderd . <atisfied that the rule of descent
(a) Government 18 satisfied e s in the family to0 be so declared actually prevars and has been, continuously and without breach, 70 jaGiRs [1941 : Pb. Act V, observed in all successions (if any) to the iy since it was made ; or ki jagirdar or his SUCCESSOr in interest g,
(b) ttl}renjcal%eing has, by written instrument dul retxhe cuted by him, either before or after the pagg; ne of this Act, signified, on behalf of himsel ang his family, acceptance of the rule of descent ;
be so declared, and either no successiop ag taken place since such acceptance, or else ip g successions which have taken place, since such acceptance the jagir has in fact not devolyeg otherwise than it would have devolved haq the said rule of descent been in force. )
(2) Any declaration made under sub-section (2) may be amended, varied or rescinded by Government, but . ways subject to the proviso thereto.
Power to annex 8. When Government makes any declaration under to Masonditions section 7 it may, by notification in the official Gazette, jihen the mule of direct that the rule of descent thereby declared to prevail descentis declared. o 11 e subject to the following conditions or either of them, namely : —
(a) that each successor to the jagir shall be appro- ved and accepted as such by Government ;
(b) that any successor to the jagir shall, if Govern- ment so requires, make such provision out of the jagir as Government may consider suitable for the maintenance of the widow or widows (if any) and other members of the family (if any) of the Iast or any previous holder of the jagir
Provided that— who by the rule of descent tion.7'to prevail is next in order of succession unless that person js in the opinion of Govern- ment unfit to succeed to the jagir ; and 1941 : Pb. Act V] Jagms 71 2) if Government should exercise it ;
@ under clause (a) of this section anil ?J}Ll;g‘{‘y accept as the successor the person indicated bo the rule of descent as next in order of suc)-, cession, then the next person entitled to succed after the person so rejected, who is approved, and accepted by Government, shall succeed.
9. When Government has issued a notification under Povr to_enforce the authority of section 7 or of section 8 it shall have full o i e ower and authority to do allacts and things necessary to tions 7 and 8.
enforce the rule of descent declared by such notification to prevail and all or any of the conditjons attached thereto.
10. Notwithstanding anything to the contrary which Sovomment 10 may ap&ear in the conditions on which any jagir has been declare former made, Government is hereby empowered to declare that i rules“cond the rules, conditions and powers enacted by sections 7, 8 tions and powers enacted by sections and 9 may be made applicable after notification in the7 s and 9.
official Gazette to such jagir.
11. No jagir created after this Act comes into force Powers of cours.
and no jagir in respect of which the rule of descent declared - in section 7 to prevail involves the devolution of the assignment of land revenue to a single person as impartible property, shall be liable to seizure, attachment or sequestration by process of any court at the instance of a creditor for any demand against the Jagirdar or his successor for the time being in interest, or in satisfaction of any decree or order.
12. Nothing in this Act shall be deemed to affect the Savines:
provisions of the Pensions Act, 1871, or the 1[Govern1_ner;t] Grants Act, 1895, so far as they are applicable to any jagirs in Punjab.
Repeals.
13. Sections 8, 8-A, 8-B and 8-C of the Punjab Law$ ?
Act, 1872, together with the heading thereto, and the Pun ab Frontier Jagir Revenue Collection Regulation, 1874, are ereby repealed. :
1. Substituted by the Adaptation of Laws Order, 1950, First Schedule for “Crown”.
)