1953 : Pb. Act VIN} occupancy TENANT (VEST- 205 ING OF PROPRIETARY RIGHTS) THE PUNJAB OCCUPANCY TENA NTS PROPRIETARY RIGHTS) ACT, 1950 0" OF TABLE OF CONTENTS SECTION ,
1. Short title, extent and commencement.
2. Definitions, _ Vesting of proprietary rights in occupancy tenants and extinguishment of corresponding rights of landlords.
Determination of compensation payable to landlords.
Principles of compensation.
Payment of compensation.
Appeal, review and revision.
ze y a Y B Certain mortgages and charges not enforceable against land held by occupancy tenants,
9. Act not to apply to evacuce property.
10, Bar of jurisdiction.
11. Bar to legal proceedings.
12, Power to make rules, 13, Repeal and saving.
1953 : Pb. Act VIII] occupancy TENANTS (VEST- 207 ING OF PROPRIETARY RIGHTS) 1THE PUNJAB OCCUPANCY T ENANTS (VESTING OF PROPRIETARY RIGHTS) Nes 1953, PUNJAB AcT No. VIII of 1953.
The 15th April, 1953.
[Received the assent of the President on the 14th April, 1953, and was first published in the Punjab Government Gazette (Extraordinary) of the 15th April, 1953.]
Year No. Short title Whether repealed or otherwise affected by legislation 1953 VI The Punjab Occu-} Amended by Punjab Act, No. 13 of pancy Tenants 19553 (Vesting of Pro- , prietary Rights) Amended by Punjab Act, No. 310 Act, 1953 1958?
Amended by Punjab Act No. 29 of 19594 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Lawson State and oncurrent Subjects) Order, 1968 a 1For 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.
*For Statement of Objects and Reasons, Séé Punjab Government Gazette (Extraordinary), 1955, page 216.
Ror Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1455.
‘For Statement of Objects and Reasons, seé Punjab Government Gazette Extraordinary), 1959, pase 1003 OCCUPANCY TENANTS (VEST- [1953 . Ph. | 708 ING OF PROPRIETARY Act Vin RIGHTS) Act to vest proprictary rights in occupancy tenang, | ahha for payment of Compensation to the land ty whose rights are extinguished and for Certain ds consequential and incidental} matters. Short title, extent 1. (J) This Act may be called the Punj ; a and commence- pancy Tenants (Vesting of Proprietary Rights) Pee 1952, Ct,
(2) It extends to the whole of the [Union territo of Chandigarh], |
(3) It shall be deemed to have come Into force ON the Ith day of June, 1952. Definitions, 2. In this Act, unless the Context Otherwise Tequires— | , immediately before the Commencement of this Act, is “ommencement of this Act, the date on hich he obtains such right of occupancy ; oats he Collector of the district 2 Which the land, in respect of which propric- ary rights are vested in an occupancy tenant under this Act, is situate and includes any officer not below the rank of an Assistant Col- lector of the First Grade Specially empowered Y the [Central Government] to perform the Ulles of g Collector under this Act :
(c) “Commissioner” and ‘Financial Commis: stoner’ have the meanings respectively 'Subsiied forthe won “ga 6c .
. : tion ; f 8 “State of Punjab” by the Punjab Reorganisa (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. *Substituted for the Words “State Government” by ibid.
_” qt of
7.
1 of 1953 : Pb. Act VIII] OCCUPANCY TENANTS (vES i BST- 209 ING OF PROPRIETARY RIGHTS) assigned to them under , t the Punj nue Act, 1887 (Punjab Act X Vitor ‘{s87 never ‘*] bai ce ) and”’, ‘“‘land re , venue” ¢ e ind ‘‘rent’’ have the
(e)
(f)
3. Notwithstanding anyt tained in any law, custom or U in force, on an ted day—
(a) meanings, respectively assi Punjab Tenancy Aci, 1aRy (Pureab met XVI of 1887) ;
‘landlord’’ means a person un , cupancy tenant holds land onde whom the oC.
cupancy tenant is, or but for a special contract would be, liable to pay rent for that land, and includes the predecessors and. successors in interest of a landlord and shall for the purposes of section 4 include the mortgagee ;
“occupancy tenant” means a tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant in the revenue records and includes a tenant who, after such commencement, obtains a right of occupancy in respect of the land held by him whether by agreement with the landlord of through a court of competent jurisdiction oF otherwise, and includes also the predecessors and successor of an occupancy tenant.
sin interest hing to the contrary cone sage for the time being d from the appo!” | | all rights, title and interest (including the contingent interest, if any, recognised by any law, custom oF usage for the time being in force and including (he share 1n the Shamilat with respect to the land concerned) al the Jandlord in the land held under him y an occupancy tenant, shall be exting a and such rights, title and interest Sit ue ace 7 to vest in occuparrpated by the landlord :
Vesting of proprietary tights in occupancy tenants and eX- tinguishment of corresponding rights of landlords.
| TENANTS (VEST- [1953 : Pb, Act Vin CY 4 ‘ 21 0 Te ot PROPRIETARY RIGHTS ‘ving a notice ; iting + . Iving a notice in wri go 0 the Shamilat OY ae, six months of the Dublicatige Of ths Act or from the date of his Obtaining Soeupacy rights whichever is later .
d shall cease to have any right to ” collect or reserve any rent or any share Of the land revenue in respect of such land and hi liability to pay land revenue in Tespect of the land shall also Cease ;
(c) the Occupancy tenant shall Pay direct to the Government ‘the land revenue accruing due in respect of the land :
(d) the nccupancy tenant shall be liable to pay, and the landlord Concerned shall be entitled to Teceive and be paid, such Compensation as may € determined under this Act, Determination of payetanation 4. (1) Any landlord Whose rights have been exfo kad tinguished under section 3 may, within twelve months from ord.
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> the 4Ppointed da .~°)> 4Dply to the Collector, in such form as May be Prescribed. fort he determination of the amount of SmPensation p ayable to him by the Occupancy tenant : Provided that ¢ tion after he Collector ma € expir he sai € Is Satisfied it the he Said per tt i Cause from rik he appli Y entertain the applicslod of twelve months i cant Was prevented by sufficient O i . i, .
the Collector ghi> of an Application under sub-section (1), SUE Notice to the part d and, vin Parties concerne ne secparties °PPortunity of being heard and aN award determing sUtY as May be Prescribed, shall make by the ccupancy 8 the amoy tof compensation payable the Provisions of oe lO the landlord in accordance wil nti ed any dis er Te ent; | Pute as to the person orp tle lo the Compensation, the Collector P —— 1953 : pb. Act VIIT] OCCUPANCY TENANTS (VES ING OF PROPRIETARY — RIGHTS) shall decide such dispute and if the C than one person Is entitled to notipenesta : Inds (i more portion the amount thereof amongst such Ooo ap-
(4) Where the compensation is > compensati ayabl ino?
or to a person having a limited itiferest, the Collector ma make such arrangements as may be equitable havin A rd to the interest of the minor, the parties concerned ga : > and their reversioners.
_ The amount of compensation payable t landlord under this Act shall be determined in 2 ner and in accordance with the principles hereinafter set out, that is to say -—
(a) where the rent payable by the occupancy tenant 1s expressed in terms of the land reyenue 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 XVI of wT Act XVI of 1887), be equal to the annul rent (exclusive of land revenue and cesses) Jus one anna for every rupee of the annual land revenue multiplie d in each case by twenty ;
case, be equal to the annual rent of land revenue and cesses) plus ry rupee of the annual lan d in each case by twenty-
(ii) in any other (exclusive two annas for eve revenue multiplie five ;
; A).— rent (exclusive 0 Mlustrand ne and cesses) 18 Rs 50 an the jand revenue payable annually is Rs 160, then, in 4 case coming undet clause (i), af compensation will be mount he 50-FRS 10) x20=Rs 1,200.
If the annual rf Principles of compensation.
212 OCCUPANCY TENANTS Vest- [1953 ING OF PROPRIETARY RIGHTS) é Ph, Act Viny Nlustration (B).--If the annual sent (exclusiy, land revenue and cesses) IS Rs 50 ang the revenue payable annually IS Rs 160, then case coming under clause (ii), the ; amount Compensation will be (Rs 50+Rs 20) 950! Rs 1,750.
(b) Where the rent payable by the occupancy ten. ant is not in any way expressed In ferms of the land revenue ‘ip Tespect of the land Wand Subject to the condition that it Shall j average market value of the land as the landlord’s Share of © Produce bears to entire produce of the and ;
Te o* + 2 is paid partly in eas a fixed amoych uo Partly in cash (whether a Unt or ata fixed rate with reference and) and partlyas a share of the Produce, be equal to twenty times the average annual ren in espect ofthe land:
* * * * * ay ° « .
CASE: falling under Sub-clauses (i) and (iii) jt IS not Possible to determine the “verage annual rent, be one-fourth of the ___ SVerage Market value of the land].
"Inserted by Pun; NLS — a 1953 : Pb. Act VIII] occupancy trnanrs (vest- 213 ING OF PROPRIETARY RIGHTS)
Explanation —For the purpose of determining the average market value of the land or average : i rent under this clause, the average of the market value of the land, or as the case may be, of the rent paid or payable and in any case where rent 1s a share of the produce, the average of the price of the produce, during a period of fifteen years commencing from the Ist day of June, 1935, shall be taken into account.
(c) where the share in the Shamilat has also vested in the occupancy tenant, the amount of compensation for it shall be equal to five times the land revenue.
\
6. (1) The compensation awarded: under this Act shall either be paid in cash or be deposited with Collector by the occupancy fenant 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 {enant 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.
7. (1) An appeal shall lie from—
(a) any award or order made by the Collector, to {he 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.
Payment _ of compensation.
Appeal, review an revision.
oS
314. occuPANcY TENANTS (vEST- [1953 : Ph, Agg vin ING OF PROPRIETARY RIGHTS)
(2) The Collector, the Commissioner or the Financia) Commissioner may, either of his own motion or On the a, plication made within ninety days of the party Interesteg review and on such review, modify, reverse or confirm any order passed by himself or by any of his Predecessors ;
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 XVI 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 Co}. lector or the Commissioner as provided in section 84 of the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887),
(4) The period of limitation for an appeal under _ this section shall run from the date of the award or order appeal- ed against and shall be as follows :-—
(a) when the appeal lies to the Commissioner .. sixty days. (6) when the appeal lies to the Financial Commissioner ._. ninety days.
(5) In computing the period for an appeal, from an award or order under this Act, the Indian Limitation Act, 1908 (IX of 1908), shall apply.
(6) For the purposes of this Act, the Collector, the ommissioner 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 “ose may be pair ve Punjab Tenancy Act, 1887 (Punjab ae in 8, Notwithstanding anything contained in any con- charges noten- ‘ract or in any law for the time being in force, no claim 0” land beg east liability, whether under any decree or order of a civil occupancy tenants COUr! or otherwise, enfcerceable 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 compensa- tion payable to the landlord in respect of such land.
IX of xviol
1387. | {983 :Pb. Act VITT] OCCUPANCY TENANTS (vEstING 416 OF PROPRIETARY RIGHTS) (9. (1) Nothing in this Act shall apply to evacuee property as defined in the Administration of Evacuee Property Act, 1950 (XXXII of 1950),
(2) Notwithstanding any thing contained in sub-section (/), the provisions of this Act shall, subject to the provisions of sub-section (3), apply to—
(a) a person who, afler 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 (XXXI of 1950).
(3) For the purposes of section 3 and sub-section (J) of section 4, the appointed date, in relation to a person referred to insub-section (2), shall, notwithstanding any thing to the contrary contained in this Act or in any judgment, decree or order of any court, be,— —
(i) in the case of a person who obtains a right of occupancy from the [Central Government] after the commencement of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordinance, 1958, the date on which such right is obtained; and
(ii) in any other case the date of commencement of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordinance, 1958}. |
10. 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 proceedng or order taken or made under this Act, shall be called in question by any court or before any officer or authority.
‘Substituted by Punjab Act No. 31 of 1958.
*Substituted for the words ‘State Government” by the Punjab ‘Reorganisation Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968.
Act not. to apply to certain evacuee property.
Bar of jurisdi>s tion, 316 OCCUPANCY TENANTS (VEST- [1953 Ph. - ING OF PROPRIETARY Cy) RIGHTS) | Bar to legal pro- tl. No prosecution, suit or Other fo f — Shall lie against (he [Central Government] OF any ofp Ming authority for anything which js in good faith dona ovicer ded to be done in Pursuance of this Agt or of thereunder, ;
Pow ke 12, ) The [Centra] Government] May, rules. ke lion in the Official Gazette, make rules lo cary “OU le Purposes of this Act.
the (2) In Particular, and Without prejudice lo lity of the foregoing POwer, suc all or any of the following matters () the form of notice and the manner jn which Notices May be served under this Act ; ‘(c) the manner in whj ch inquiries may be held Under this Aot ; :
(e) the manner in which appeals and poplications Or review and revision may be file :
(f) any other Maller which has to be, or may be Prescribed.
landsave 13. The Punjab Occupancy Tenan(s (Vesting of Proeat priclary Rights) Aci, 1951 (Provident. Act VIII of 1951) 1S hereby Tepealed but, nolwi(hstanding such repeal, ene thing done oy any action taken in exercise of any Pt ve Conferred by or under (he said Act shall be deemed (0 d by been done or taken in exercise of the powers conferre on Or under this Act, as if this Act was in force on the day Ch such thing was done or aclion was taken.
—— _—-—. : Theo . panisatio Substituted for the words State Government”, by the Punjab Reore ‘ 5 968 (Chandigarh) (Adaptation of Laws on State and Concu, rent Subjects) Order