pr.NJAB GOVT Gl\Z. (EXTRA.)' APRIL26,2OLL 47 N,YSK 06, 1933 SAKA) - PART.I DEIARI'MENT OF LEGAL AND LEGISLATIVE AFFAIRS' PUNJAB Notilication ' The 26thAPril,2011 No. l9-Leg./2011'-Thrr following Act of tbe ;eCislaturc of lhe S3] ofpuniab receivedihe assent of the Govemor ofpunjab on the 20th April, 201 and is hereby published for general information :- THE PUNJAB LAND REVENT]E (AMENDMENT) ACT, 2OII (Punjah Act No' 15 of2011) AN ACT - \urtLpr. ti ameruC the Punja)b Land Revenue Act' 1887' Br it 6nioted by the Legislature of the State of Puqiab in the secon-d Yeai of the Republio of lndia as follows :- L. (1) This Act may be called the Punjab Land (Amendment) Act, 2011- ' 0) It shall comr: into force at onc€'
2. In the Punjab {antl Revenue Act' 1E87 (hereinafter referred as the principal Act), in section 13, in clause.(c/, in item (rf' "j tri ?ll-: , ,n" rign '.",'th" sign ";" shall be substituted, and thereafter, the items shall be added, namelY :- "(ii, no authoritv, except the first appellate Ttluify' remand the case to the lower autlority to decide the afiesh ; and - (iv) no appeal shall lie against any interim order passed - Revenue O Frcer under this Act' i/o/e.-The provis ons of items Gii) nd (iv) shall notbe appJ to the authorities mentioned under section 16 ofthis 3: In the principal Arct, for section 16, the following section - -be sub-stituted, rymelY :- - -'16. (/) A Conrmissioner may call for the record of - Pow&r to call case pending before, or disposed of by - fot' exarnine F|evenue officer under his control and ;l#il',f-' o, such orders' as he thinks fit" Revedue Oflioels Short title and C'tmmercement.
.,, .rnendment in section 13 of I''rnjab Act Xvll o f 188?
liubstitution of section 16 of PuDjah Act XVII of l8E?.
PUNJAB GOVT GAZ. (EXTRA.), APRIL26,2OII (vYsK 06, 1933 SAKA)
(2) ?L Collector may also call for the record any case pending before, or disposed of by arSr Revenue Jris control, and il'he is of the opinion that the taken or order mado, should be modifie.d or reversed, he shall rt the case with hris opinion thereon for the orders ofthe whose dec:ision shall be final :
ProvidM that he shall not pass an order reversing or any proce€dhg or order of a subordinate Revenue and 48 affectlng any question of right between private giving thern an opportunity of being heard.".
4. In the principal Ac! in section 20, after sub-section 15) subsection shall be adLded, namely :- !(6) I:F it is not possible to serye summons in with any ol'the modes, as provided in sub.sections (1 - @ and (5), then,- (a/ summons may be sent by the Revenr b)' whom it is issued whether witlrin or State by post or by courier service, as the High Court of Punjab and Haryana message or by Electronic Mail Sersice without
(2), (3), Officer of the bf by fax by any matle AmeBdment in section 20 of Punjab Act XVI of I t87.
(b) other means, as may be provided in the by the High Court ;
where the person is confined in prison, the may be delivered by post or may be.sent service, as approved by the High Court message or by Electronic Mail Service
(c) where the person resides out of India ae,e in India, empowered to accept surrrmons may be addres.sed to the place, where he is residing or may be sent post or by courier service, as approved Court or by fax message or by Electmnic or by any other means, as maj be - rules made by the High Court, if there communication between such place and - where the Court is situated : and couner h;r fax by any has no the at the him by the High Service in the is postral place, other means, as may be provided in the madq.
by the High Court to the of the prison for service to the person ;
E PUNJAB GOVT GAZ. (EXTRA'), APRIL26, 2O1I 49 (v\asK 06, 1933 SAKA) r^rhere the Central Govemment, bY in the 0fficial Gazette. has declared in respect of foreign on the iousiness or personally working for gain in foreign of Government, the summons may be
(d) r:;ountry that summons should be served p"r,ton. u"tuully and voluntarily residifig or rlountry through an ofihcer of the G foreign countrY, as sPecified bY officer, through the Ministry of Govemmenl dealing with ibreign affairs or in such other as may be specified by the Central Govemn if such officer returns any such summons endorsement purporting to have been mad that the summons have been served on the such service shall be deemed as evidence of - d. In the principalAct, for section I l l, the following substituted, nantely t- ' "111. Any joimt owner of land, or any joint telant ofa Apptioation -whi"h u right of occupancy subsists, may foi partitiolr, Re,yenue Oificer for partition ofhis share in tenancy, as the case may be, with the proposed plan of ioJi""tingth" qoutity and iocarion ofthe land in question alor the sent such India with an bl' him [*ont fi, pattltion and copy of the latest jamabandi' if'- /a) on the date of application,. the share is - ChaPter fV as belonging to him ; or /D/ his riglrt to the share has been established by which is still subsisting at that date ; or
(c) a written acknowledgement of that right has - by arll persons interested in the admission or shall be rcy rn : / t o a land or a i{ecree Substitution of .
section l l l of Puqjqb Act XVII of tEE7.
6. In the prinr:ripal Act, in section 113, for clauses (a') following clauses slxall b€ substitute4 namely :- "fal cause notice ofthe application and of the day so'-' ."ru..l o,r, such oftheliecorded co-shares, as have i inthe application to submittheir replies and plans - - with cogent reasons, and' if the share for.which afplied?rr, is a shar" in a tenancy, on the landlord ft) if he thinks fit' cause the notice to be served on' ' person whom he mhy deem to be directly or indire'cfl:
in rthe application to submit their roplies and plans partition with r:ogent teasons"" rDl,th" ff:lii!.;;
Punjab Ac1 XVI to be of lt87 joined prutition other interested FUNJAB GOVT GAZ. (EXTRA.), APRIL 26, 2OII (v\'^SK 06, 1933 SAKA) 7, In the principal Act, section 1 l4 shall be omitted.
8. ln the p ncipal Act, tor seclion 115, the following sections shalibe substitute*l, rnmely :- "115. After examining such ofthe co-sharers and other persons, as Absolutc may be present on that day, the Revenue Ofiicer may, dballowalce "i,""itir".
,i isallow the partition in those cases ouly where appiicalion is rnade fot the partition of common path, common - \trrater-course or such like prlace, used for common Purposes" 115-A" (I) Where it appears to the Revenue Ofiicer that a ssttlement li€ttlement of may be acceptable to both the parties to the partition, disputes by (onci l iat ion.
tiri:'i-ami to the parties fcrr their suggestions. After receiving their tbiections dI sBssestions, the Ibvenue Of6cer, shall re-fomtulate the terms of aettlemenl possible ia the prevailing situation, and refer the same Tor conciliation with the intervention of the elders where dle accordingly.
he shall fc'rmulate the terms of settlement and submit or the mode crf maling a partitior! the Revenue Officer shall, after such inquiry, as he dce$s necessary. record Q) If no settlement is reached under sub-section fl), the Revenue Officer shall within a peridd of four months after the datE of rnaklng reference for concilLiation, but not later than six months from the clate of initiation ofconciliatory proceedings, pass s^uch order on merits, as he may deem appropriat(, i1-" lhe circumstances ofthe case after hdaring the parties.".
9. In the principal Act, for sei:tion ll8, for following section shall be substituted, namtly :- "115. (1) When there is a question as to the property to be divided' Dirposal of otner questions.
.iection (l). ".
an* oidii stuting his decisjion on the question and the reasons for the -decision. - i2)\o appeal shall lje agaiust the decision referred to irr sub- GOBINDER SINGH, Secreiary to Govemment of Punjab, Department of Legal and LegislativeAffairs' 50 sion of n l 1 4 o f AcT XVII l 8 8 7 of i l 5 o f Act XVll t8E7.
1887 of I l8-of Acr XVII