THE
Punjab Alienation of Land Act, 1900

CONTENTS
Preliminary
1. Short title, extent and commencement
2. Definitions
2-A Application of Act to Section 53, and 54, Act XVI, 1887

Permanent Alienation of Land
3. Sanction of Deputy Commissioner required to certain permanent alienations
4. Agricultural tribes
5. Saving for rights in land alienated

Temporary Alienations of Land
6. Forms of mortgage permitted in certain cases
7. Rules applying to permitted mortgages
8. Conditions in permitted mortgages
9. Power to revise mortgage made in form not permitted
10 Future mortgage by way of conditional sale not permitted
11. Leases and farms
12. Restriction on power to make further temporary alienation
13. Ejectment of mortgagee, lessee or farmer remaining in possession after term

General Provisions
14. Effect of permanent alienation made without sanction
15. Sanction of Deputy Commissioner required to certain alienations of or charges on, produce of land
16. Execution sale of land forbidden
17. Registration
18. Record-of-rights and annual record
19. Application of certain provisions of the Punjab Land-Revenue Act, 1887
20. Appearance of legal practitioners forbidden
21. Jurisdiction of Civil Courts excluded
21-A. Civil Court to send copy of decree or order to Deputy Commissioner Action to be taken by Deputy Commissioner when decree or order passed contrary to Act
22 Repealed
23. Exercise of powers of Deputy Commissioner
24 Exemption
25 Power to make rules

The
Punjab Alienation of Land Act, 1900

(XIII of 1900)

19th October, 1900

An act to amend the relating
to agricultural land in the Punjab.

WHEREAS it is expedient to amend the law relating to agricultural land in the Punjab ; It is hereby enacted as follows:-

PRELIMINARY

1. Short title, extent and commencement:

(1) This Act may be called the West Punjab Alienation of Land Act.

(2) It extends to the Punjab and the North-West Frontier.

(3) It shall come into force on such day as the Federal Government may, by notification in the official Gazette, direct.
2. Definitions: In this Act, unless there is anything repugnant in the subject or context,-

(1) Repealed

(2) all expressions which are defined by Section 4 of the Punjab Tenancy Act, 1887, or by Section 1[4] of the Punjab Land Revenue Act, 2[“1967(XVII of 1967)”], shall, subject to the provisions of this Act, have the meaning assigned to them in the said sections respectively; and the expressions ‘record-of-rights’ and 3[“periodical”] record’ shall have the meanings assigned to them respectively in Chapter 4[VI] of the said last-mentioned Act ;

(3) the expression ‘land’ means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes subservient to agriculture or for pasture, and includes –

(a) the sites of buildings and other structures on such land ;
(aa) any rights of occupancy acquired under the Punjab Tenancy Act, 1887, the Hazara Tenancy Regulation, 1887 or the Agror Valley Regulation, 1891, as the case may be ;
(b) a share in the profits of an estate or holding ;
(c) any dues or any fixed percentage of the land-revenue payable by an inferior land-owner to a superior land-owner ;
(d) a right to receive rent ;
(e) any right to water enjoyed by the owner or occupier of land as such ;
(f) any right of occupancy ; and
(g) all trees standing on such land ;

(4) the expression ‘permanent alienation’ includes sales, exchanges, gifts, wills and grants of occupancy rights

(5) the expression ‘Usufructuary mortgage’ means a mortgage by which the mortgagor delivers possession of the mortgaged land to the mortgagee and authorizes him to retain such possession until payment of the mortgage-money, and to receive the rents and profits of the land and to appropriate them in lieu of interest or in payment of the mortgage money or partly in lieu of interest and partly in payment of the mortgage-money ; and

(6) the expression ‘conditional sale’ includes any agreement, whereby in default of payment of the mortgage-money or interest at a certain time the land will be absolutely transferred to the mortgagee.

Legal Amendments
1. Substituted the Punjab Alienation Of Land (Amendment) Ordinance, 2001 (Pb Ord XXXVI of 2001)
2. Substituted Ibid
3. Substituted Ibid
4. Substituted Ibid

2-A. Application of Act to Sections 53 and 54, Act XVI, 1887 : Notwithstanding anything contained in Sections 53 and 54 of the Punjab Tenancy Act, 1887, when a landlord makes a claim to exercise the rights thereby conferred upon him the provisions of this Act shall apply thereto.

PERMANENT ALIENATION OF LAND

3. Sanction of ‘‘ District Officer (Revenue)’’ required to certain permanent alienations : (1) A person who desires to make a permanent alienation of his land shall be at liberty to make such alienation where-

(a) the alienor is not a member of an agricultural tribe ; or

(b) the alienor is a member of an agricultural tribe and the alienee is a member of the same tribe or of a tribe in the same group.

(2) Except in the cases provided for in sub-section (1), a permanent alienation of land shall not take effect as such unless and until sanction is given hereto by a ‘‘ District Officer (Revenue)’’:
Provided that –

(1) sanction may be given after the act of alienation is otherwise completed, and

(a) a sale of a right of occupancy by a tenant to his landlord, or
(b) a gift made in good faith for a religious or charitable purpose, whether inter vivos or by will.

(3) The ‘‘ District Officer (Revenue)’’shall inquire into the circumstances of the alienation and shall have discretion to grant of refuse the sanction required by sub-section (2).

4. Agricultural tribes : The Provincial Government shall, by notification in the official Gazette, determine what bodies of persons in any district or group of districts are to be deemed to be agricultural tribes or groups of agricultural tribes for the purposes of this Act.

5. Saving for rights in land alienated : When a ‘‘ District Officer (Revenue)’’sanctions a permanent alienation of land, his order shall not be taken to decide or affect any question of title, or any question relating to any reversionary right or right of pre-emption.

TEMPORARY ALIENATIONS OF LAND

6. Forms of mortgage permitted in certain cases : (1) If a member of an agricultural tribe mortgages his land and the mortgagee is not a member of the same tribe, or of a tribe in the same group, the mortgage shall be made in one of the following forms:-

(a) in the form of a Usufructuary mortgage, by which the mortgagor delivers possession of the land to the mortgagee and authorizes him to retain such possession and to receive the rents and profits of the land in lieu of interest and towards payment of the principal, on condition that after the expiry of the term agreed on, or (if no term is agreed on, or if the term agreed on exceeds twenty years) after the expiry of twenty years, the land shall be re-delivered to the mortgagor ; or
(b) in the form of a mortgage without possession, subject to the condition that, if the mortgagor fails to pay principal and interest according to his contract, the mortgagee may apply to the ‘‘ District Officer (Revenue)’’to place him in possession for such term, not exceeding twenty years, as the ‘‘ District Officer (Revenue)’’may consider to be equitable, the mortgage to be treated as a usufructuary mortgage for the term of the mortgagee’s possession and for such sum as may be due to the mortgagee on account of the balance of principal due and of interest due not exceeding the amount claimable as simple interest at such rate and for such period as ‘‘ District Officer (Revenue)’’thinks reasonable ; or
(c) in the form of a written usufructuary mortgage by which the mortgagor recognizes the mortgagee as a landlord and himself remains in cultivating occupancy of the land as a tenant subject to the payment of rent at such rate as may be agreed upon not exceeding sixteen annas per rupee of the amount of the land-revenue in addition to the amount of the land-revenue of the tenancy and the rates and cesses chargeable thereon and for such term as may be agreed on, the mortgagor having no right to alienate his right of cultivating occupancy and the mortgagee having no right to eject the mortgagor unless on the grounds mentioned in Section 39 of the Punjab Tenancy Act. 1887 ; or
(d) in any from which the Provincial Government may, by general or special order, permit to be used.

(2) If in the case of a mortgage in form (c) the mortgagor is ejected or relinquishes or abandons cultivating occupancy of the land, the mortgage shall take effect as a usufructuary mortgage in form (a) for such term not exceeding twenty years from the date of ejectment, relinquishment or abandonment, and for such such of money as the ‘‘ District Officer (Revenue)’’considers to be reasonable.

(3) The Deputy Commissioner, if he accepts the application of a mortgagee under subsection (1) (b), shall have power to eject the mortgagor, and as against the mortgagor to place the mortgagee in possession.

7. Rules applying to permitted mortgages : In the case of mortgages made under Section 6-

(1) no interest shall accrue during the period for which the mortgagee is in possession of the land or in receipt of rent ;

(2) if the mortgage is in form (a) or form (b), then at the end of such period of possession the mortgage-debt shall be extinguished ;

(3) the mortgagor may redeem his land at any time during the currency of the mortgage, on payment of the mortgage-debt or, m the case of a mortgage in form (a) or form (b), of such proportion of the mortgage-debt as the ‘‘ District Officer (Revenue)’’determines to be equitable; and

(4) in the case of a usufructuary mortgage, the mortgagor shall not be deemed to bind himself personally to repay the mortgage-money ;

(5) if a mortgagor who has applied to the ‘‘ District Officer (Revenue)’’under sub-section (3) proves to the satisfaction of the ‘‘ District Officer (Revenue)’’that he has paid the mortgage-debt or such proportion of the mortgage debt as the ‘‘ District Officer (Revenue)’’has determined to be equitable, or deposits with the ‘‘ District Officer (Revenue)’’the amount of such mortgage-debt or of such proportion thereof, the redemption of the land shall be deemed to have taken place, and the ‘‘ District Officer (Revenue)’’shall have power to eject the mortgagee, if in possession, and as against the mortgagee to place the mortgagor in possession.

8. Conditions in permitted mortgages : (1) In a mortgage made under Section 6, the following conditions may be added by agreement between the parties :-

(a) a condition fixing the time of the agricultural year at which mortgagor redeeming his land may resume possession thereof ;
(b) conditions limiting the right of a mortgagor or mortgagee in possession to cut, sell or mortgage trees or to do any act affecting the permanent value of the and ; and
(c) any condition which the Provincial Government by general or special order may declare to be admissible.

(2) In mortgages made under Section 6 any condition not permitted by or under this Act shall be null a void.

9. Power to revise mortgagere made in form not permitted.-(1) If a member of an agricultural tribe makes a mortgagere of his land in any manner or form not permitted by or under this Act, the ‘‘ District Officer (Revenue)’’shall have authority to revise and alter the terms of the mortgage so as to bring it into accordance with such form of mortgage permitted by or under this Act as the mortgagee appears to him to be equitably entitled to claim.

(2) If a member of an agricultural tribe has before the commencement of this Act made a mortgage of his land in which there is a condition-intended to operate by way of conditional sale, the ‘‘ District Officer (Revenue)’’shall be empowered at any time during the currency of the mortgage to put the mortgagee to his election whether he will agree .to the said condition being struck out, or to accept in lieu of the said mortgage a mortgage which may at the mortgagee’s option be either in form (a) or in form (b) as permitted by Section 6 and which shall be made for such period not exceeding the period permitted by the said section and for such sum of money as the ‘‘ District Officer (Revenue)’’considers to be reasonable.

(3) If proceedings for the enforcement of a condition intended to operate by way of conditional sale are instituted or are pending at the commencement of this Act in any Civil Court, or if a suit is instituted in any Civil Court on a mortgage to which sub-section (1) or. sub-section (2) applies, the Court shall refer the case to the ‘‘ District Officer (Revenue)’’with a view to the exercise of the power conferred by the sub-section applying thereto.

(4) When a mortgagee put to his election under sub-section (2) agrees to accept in lieu of his mortgage, a mortgage in form (a) or in form (b) as permitted by section 6 for the period and for the sum of money considered by the ‘‘ District Officer (Revenue)’’to be reasonable, and the mortgagor cannot be found, or fails to appear when duly served with notice to do so, or refuses or neglects to execute such mortgage, the ‘‘ District Officer (Revenue)’’shall have authority to execute such mortgage on such terms as to costs as he may fix and the mortgage so executed shall have effect as if it had been executed by the mortgagor. The ‘‘ District Officer (Revenue)’’may for any reason which he deems sufficient set aside any ex parte proceedings taken under this sub-section.

10. Future mortgage by way or conditional sale not permitted.-In any mortgage of land made after the commencement of this Act any condition which is intended to operate by way of conditional sale shall be null and void.

11. Leases and farms.-Any member of an agricultural tribe may make a lease or farm of his land for any term not exceeding twenty years, and any lease or farm made by a member of an agricultural tribe for a longer term than twenty years ‘shall, if the lessee or farmer is not a member of the same tribe or of a tribe in the same group, be deemed to be a lease or farm for the term permitted by this section.

12. Restriction oh power to make further temporary alienation.-(1) During the currency of a mortgage made under section 6 in form (a) or from (b) ,or of a lease or farm under this Act,’ the owner shall be at liberty to make a further temporary alienation of the same land for such term as together with the term of the current mortgage, lease or farm will make up a term not exceeding the full term of twenty years.

(2) Any such further temporary alienation, if made for a longer term than is permitted by this section, shall be deemed to be a temporary alienation for the term permitted by this section.

13. Ejectment of mortgagee, lessee or farmer remaining in possession after term.-If a mortgagee, lessee or farmer holding possession under a mortgage made under section 6 or under a lease or farm made under section 11 or under mortgage, lease or farm made under section 12 remains in possession after the expiry of the term for which he is entitled to hold under his mortgage, lease or farm, the ‘‘ District Officer (Revenue)’’may, of his own motion or on the application of the person entitled to possession, eject such mortgagee, lessee or farmer and place the person so entitled in possession.

GENERAL PROVISIONS

14. Effect of permanent alienation made without sanction.-Any permanent alienation which under section 3 is not to take effect as such until the sanction of a ‘‘ District Officer (Revenue)’’is given thereto shall, until such sanction is given or if such sanction has been refused, take effect as a usufructuary mortgage in form (a) permitted by section 6 for such term not exceeding twenty years and on such conditions as the ‘‘ District Officer (Revenue)’’considers to be reasonable.

15. Sanction of ‘‘ District Officer (Revenue)’’required to.-Every agreement whereby a member of an agricultural tribe purports to alienate or charge the produce of his land or any part of, or share in, such produce for more than one year shall not take effect for more than one year from the date of the agreement unless the sanction of a ‘‘ District Officer (Revenue)’’is given thereto, and shall, until such sanction is given or if such sanction is refused, take effect as if it had been made for one year.
Explanation.– ‘The produce of land means-

(a) crops and other products of the earth standing or ungathered on the holding ;

(b) crops and other products of the earth which have been grown on the land during the past year and have been reaped or gathered.

16. Execution sale of land forbidden.-(1) No land belonging to a member of an agricultural tribe shall be sold in execution of any decree or order of any Civil or Revenue Court, whether made before or after the commencement of this Act.

(2) Nothing in this section shall affect the right of [any Government] to recover arrears of land-revenue, or any dues which are recoverable as arrears of land-revenue, in any manner now permitted by law.

17. Registration.-Notwithstanding anything in the Indian Registration Act, III of 1877, or in any rule made under section 69 of that Act,-

(1) an instrument which contravenes any provision of this Act shall not be admitted to registration ;

(2) an instrument which records or gives effect to any transaction which requires the sanction of a ‘‘ District Officer (Revenue)’’shall not be admitted to registration until a certified copy of the order giving such sanction is produced to the officer empowered to register such instrument.

18. Record-of-rights and annual record.-(1) Where, by reason of any transaction which under this Act requires the sanction of a Deputy Commissioner, a person claims to have acquired a right the acquisition whereof he is bound to report under section 1[42] of the Punjab Land-Revenue Act, XVII of 2[“1967(XVII of 1967)”], such person shall, in making his report, state whether the sanction required has been obtained or not, and his right so acquired shall not be entered in the record-of-rights or in any 3[“periodical”] record until he produces such evidence of the order by which such sanction is given as may be required by rules made under this Act.

(2) No right claimed by reason of any transaction or condition which is declared by this Act to be null and void shall be entered in the record-of-rights or in any 4[“periodical”] record.

Legal Amendments
1. Substituted by The Punjab Alination Of Land (Amendment) Ordinance, 2001 (Pb Ord XXXVI of 2001) for 34
2. Substituted ibid for the words of Punjab Land revenue Act, 1887
3. Substituted ibid for the words Annual
4. Substituted ibid for the words Annual

19. Application of certain provisions of the Punjab Land Revenue Act, 1887.-‘Subject to the provisions of this Act, the provisions of Chapter 1[III] of the Punjab Land-Revenue Act, 2[“1967(XVII of 1967)”]. , shall, in so far as they are applicable, apply to the proceedings of Revenue officers under this Act.

Legal Amendments
1. Substituted by The Punjab Alination Of Land (Amendment) Ordinance, 2001 (Pb Ord XXXVI of 2001) for the words of Chapter II
2. Substituted ibid for the words of Punjab Land revenue Act, 1887

20. Appearance of legal practitioners forbidden.-No legal practitioner shall appear on behalf of party interested in any proceeding before a Revenue Land this Act.
Explanation.–The term ‘legal practitioner’ in includes mukhtar.

21. Jurisdiction of Civil Courts excluded.-(1) A Civil Court shall not have jurisdiction in any matter which the [Provincial Government! or a Revenue-Officer is empowered by this Act to. dispose of.

(2) No Civil Court shall take cognizance of the matter in which the [Provincial Government] or any Revenue Officer exercises any power vested in it or in him by order under this Act.

[21-A. Civil Court to send copy of decree of order to Deputy Commissioner.-(1) Notwithstanding anything contained in the Code of Civil Procedure or in any other Act for the time being in force, every Civil Court which passes a decree or order involving (1) the permanent alienation of his land by a member of an agricultural tribe, or (2) the mortgage by a member of an agricultural tribe of his land when the mortgagee is not a member of the same tribe or of a tribe in the same group, shall send to the ‘‘ District Officer (Revenue)’’a copy of such decree or order.

(2) Action to be taken by ‘‘ District Officer (Revenue)’’when decree or order passed contrary to Act.-When it appears to the ‘‘ District Officer (Revenue)’’that any Civil Court has either before or after the date when this section comes into operation, passed a decree or order contrary to any of the provisions of this Act, the ‘‘ District Officer (Revenue)’’may apply for the revision of such decree or order to the Court, if any, to which an appeal would lie from such decree or order or in which an appeal could have been instituted at the time when the decree or order was passed or in any other case to the High Court]. And when. the Court finds that such decree or order is contrary to any of the provisions of this Act it shall alter it so as to make it consistent with this Act. Such application shall be made within two months of the date upon which the ‘‘ District Officer (Revenue)’’is informed of such decree or order.

(3) When any such Appellate Court passes an order, rejecting such application, the ‘‘ District Officer (Revenue)’’may, within two months after the date upon which he is informed of such order, apply to the [High Court] for revision thereon.

(4) Every Civil Court which passed an order on any application made under this section shall forthwith send a copy thereof to the Deputy Commissioner.

(5) No stamp shall be required upon such applications, and the provisions of the Code of Civil Procedure as regards appeals shall apply so far as may be to the procedure of the Court on receipt of such application :
Provided that no appearance by or on behalf of the ‘‘ District Officer (Revenue)’’shall be deemed necessary for the disposal of the application.]

22. [Addition to section 77 of Act XVI of 1887.] Rep. by the Repealing Act, 1938 (I of 1938), S. 2 and Schedule.

23. Exercise of powers of Deputy Commissioner.-The powers conferred by this Act upon a ‘‘ District Officer (Revenue)’’may be exercised by a Revenue-officer of higher rank, or by any officer authorised by the ^Provincial Government] in this behalf.

24. Exemption.-The Provincial Government [* * *] may, by notification in the [official Gazette], exempt any district or part of a district or any person or class of persons from the operation of this Act or of any of the provisions thereof.

25. Power to makes rules.-(1) The [Provincial Government] may make rules for carrying into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Provincial Government may make rules prescribing the Revenue-officers to whom applications may be made, and the manner and form in which such applications shall be made and disposed of.