Bare Acts & Rules

Free Downloadable Formats

Hello Good People !

LaLas
1912 :Pb. Act 51 COL~ISI~~+~CIX OF 25 5
CdJ772-:Mh.tESTLANDS
THE PUNJAB COLONlZATTON OF GOVERhMENT LANDS
ACT, 1912
CONTENTS

Title and local extent

Repeal.
Defi~iitiur~s.
CHAPTER I
~ K E.I.MINARY
I

Application of tbe Act.

Power tu withdraw a culony from the operation af thc
Act,
Applicability of the Punjab Tenancy Act
Applicability of the Punjab Land Rcveaue and Punjab
Tenancy Act.
Amendment to section 13611) of the Punjab Land Revtnue
Act.
Application uf Chapter IV of LandRevenue Act, 1887, to
certain village sites.
CHAPTER II
P~ovrsro~s &,LWSG TO T~ATSTS

Issue of statements of conditions of tenancies.

Legal effect of statement of conditions
Temporary absence.
Entries in record-of-rights or in annual record to be
equivalent to entries in register issued under Act 111 of
1893.
Position of tenants holding hitherto under Act ll I of 1891
Purchaser to be t e m t pending payment in full of purchase
money.
False information by a tenant.
Exchange.
Rights of tenmt not t~ bc attached 01- sold.
TI-ansfel-sof rights to be void.

LatestLaws.com
LatestLaws.com
 COLONIZNlON 01; 11912 : Pb. ~ C 5C
FO\'FXNMf.+iT LAN 35

SKr'TIQNS
20. Succession of tenants acquiring otherwise than by
succession.
21. Succession to tenants acquiring by succession.
22. Acquisition of ownership not to affect nomination of heir.
23. Revocation of nomination.
24. Power of imposing penalities for breaches of conditions.
25. power ofre-miryandprovisionsas tocompensation in
certain cases.
26. Provisions for re-entry on and compensation for buildings
on sites allotted for residential purposes.
27. Saving of certain tenancies and conditions.
28. Sums due to the Government to be recoverable as arrears
of land revenue.
29. Power to abrogate conditions.
CHAPTER I11
P~ovrsro~s KF,I.MING TO PROPRIIXORS.
30. Acquisition of proprietary right.
CHAPTER IV
SUPPLIM~WI'ARY PROVISIONS.
30-A.Right of alienation in respect of, and rule of sucession to,
certain proprietary rights acquired by a female.
31. Mares, camels or their progeny maintained under
prescribed conditions not to be attached or sold.
32. Power of re-entry in case of squatters and trespassers.
33. Penalties.
34. Additional power of Collector in regard to offences.
35. P o w e r t o l e v y a c e s s f o r ~ i s t s a t i o n a f c o m o n v i ~ I a g e
expences.
36. Jurisdiction of Civil Court barred as regards matter arising
under the Act.
37. PubIic servants indemnified for acts done under this Act.
38. Legalization of orders passed previous to the Act.
SC'IIEDLKE11.

LatestLaws.com
, .,- ., 1912 : Pb. Act 5J
;-
"
COLONI~Y~~'ION
OF
.CrQVlXNMMT LANDS
'THECOLONIZATION OF GOVERNMENT LANDS
:' . - ..
ACT, 19'12 ' '

PUNJAB ACT 5 OF 19 12

Year No. Short SUc U%elhcr v a l c d or othcrwi=

n f i c l c d by legislation
. 4

1912 5 The Co!onizabon of Repealed in purl and h ~ ~ ~ d cIW

d.,
38 o f 1920 ' ;
7 .

Gorcmmcnt La&
(Punjab )Act, 1'912 Ammdrd, Fipiab Act, 3 of 1920'
h c n d e d , ,tio\rmmcn! of Indin
(~\dRplution01' [ndjhn Lnws)
Order, 1937
Amended by hnjab Act 13 o f 194 I'
Amended by h n j n b Act 6 o i 1944'
'Amrndrd by ~ h Indian
t lndrptndrncr (Bcngul
and Pmjab Act)
Ordm of 1948 (GG.0 . 4 0 )
Amendcd hy ilht M a p t n h n of L t v s Ordrr, 19Sb
-
Amendcd;hy thc Adeptation of Laws
(Third. A .n ~ c n d m t )OFdcr, 1951
~ x t m d d : t othc tcrritoricswhich. hmdiatcly bcforc
thk~'lst'Novcmbcr, 1955, wcrc comprised in the
i . i S.ta!e: of,Patiala and East Panjab States Union by
,
., e n j a b Act No. 5 of 1957'
I . .

Amcnded by Punjab Act 25 of 196Q

- ~ - H ~ r y eAdaptation
m of Laws (Stak and Concumnt
-id , I Subjeth) Order, 1968'

!, .
, .

1. For Statement of Objects and Reasons, see Purljab Gazet tt: 1 9 10,Parl V, pagc
176.
2. For Statement of Objects and Rcasons, see~ & 7 b Gazelle. 1920, Part V. pagcs
8-9. It came-intoforce on the 4th June; -1920.
3. For Statement of Objects and RciSons; see Putqab Gazerre. 194 1, page 568.
4. For Statement of Objects and Reasons, see Pulljab Gazette (E~trao~-dilta~)
1944, pages 35 1-52.
5. or
Statement of Objects and Reasons, see pu~ljabGove~.nme,~t Gazette
Fxtraordiuaryj, 1957, page 339. - ,. --'.t,:!-

6. For Statement of Objects and Reasohs, see Putljab Goverwneat Gnzette

(Extraordinary). 1964, pagcs 935-37,
7. For Statement of Objects and ~ c a s o i ssee
, Ilur~attoGu~elte(Exlraordinary),
- .. ..
datcd I l ~ 29th
c October, 1968. ,,.

LatestLaws.com
LatestLaws.com
 258 COLO~WION OF [I912 :Pb. Act 5
GOVERNMENT LANDS
At1 Act lo make hetterptvvision for the colotzizafion and
administration of Govert~me~~t Lands it! '(HoryanaJ;
[Zlst June, 1912.1
WHEREAS, it is expedient to make better provision
for the colonization and administration
. .
.
of Government lands
.

in '[Hayma] ;
It is hereby enacted as follows :-
Title and local 1. ( I ) This Act may be called the Colonization of
exlmt. Government Lands (Punjab) Act, I 9 12.
2 It extends to '[Haryana].
Repcal. 2. The Government Tenants (Punjab) Act, 1 893, i s 3 of
hereby repealed. 1893.

Dehitions. 3. -Inthis Act, unless there is something repugnant in

the subject or context,-
"Collector"means the Collector af the district as dwcribed
in the Punjab Land Revenue Act, 1887, and l 7 o f
includes (1) any oficer appointed by the '[State] ls8*.
Government to perfom all or any of the functions
and exercise.aI1or any ofthe powers of the Collector
under this Act, and (2) any Colonization Officer or
Assistant Colonization Officer appointed as such
before the commencement of this Act, whether or
not such officer was by notscation appointed to
perfonn all or any of the functions of a Deputy
Commissioner under the Act hereby repealed.
"Cornrrdssioner" includes any officer appointed by the
2[State] Government to perfonn all or any of the
functions and ex&cise all or any of the powers of a
Commissioner under this Act.
"Colony" means any area to which this Act shall be
applied by order of the '[State] Government and,
3 of
unless the '[State] Government otherwise directs 1w3,
,

any area to which the Government Tenants (Punjab)

1. Subsliluted for the word 'Punjab' by Haryana Adaptation ofLaws Order, 1968.
2. Substitutccl for the word "Provincial" by the Adaptation of Laws Order. 1950.

LatestLaws.com
1912 :Pb. Act 51 00LOSI7ATION OF 259
G O V E R I W W T LANDS
Act, 1893, has been applied.
"Prescribed" means sanctioned by the '[Sjate]
Government under this Act or under the Act hereby
repealed.
L'Impr~vanent~'' means such improvements as defined
in section 4( 19) of the Punjab Tenancy Act, T 887,
as the tenant is permitted to make under the
conditions applicable to his tenancy.
"Tenant" means any person holding land in a colony as
a tenant oF2[Government] andincludes the .
predecessors and successors in interest of tenant. 1:

3["0rigindtenant" means any male to wllom a tenancy

is frst allotted by the Collector, and includes the :

male transferee of such a tenant and any male

nominated by the Collector in accordance with the
provisions of section 21 to succeed a female, to --

whom a tenancy was first alIotted.1 . .

CHAPTER I

4. This Act shall, unless the '[State] G o v e w e n t - Applicationof

otherwise directs, apply to land to which the provisions of the the
Government Tenants (Funjab) Act, 1893, have been applied
and to any other land to which the '[State] Governmentmay by
notification in the official Gazette apply i t and which at the
time of the notification was the property of the 4[State
Government ] :
Provided that [unless the '[State] Government by general
or special order otherwise directs] nothing in sections 20, 21,
22 and 23, or in the proviso to section 14, of this Act, shall *6*
I. Substitutedfor the word "Provincial"by the Adaptation ofLaws Ordcr. 1950.
2. Snbstitutcd for the words "Crown"by the Adaptation ofLaws Ordcr, 1950.
3. Added by section 2 of Punjab Act 3 of 1920.
4. Subsliluled for the words "Crown for e purposa of the Province" by tile
Adapration of Laws (Third Amendment) Order, 1951.
5. hscr(ed by ~ c 38t of 1920.
6. The words 'bithoul the previous sanc6on ofthe Gove-et in Council" omitted
by ibid.

LatestLaws.com
 CO1,ONIZMION OF: . ., ' ! 11912 :Pb. Act 5
GOVFNMM LADS
appiy ' * *"* to any class oftenancies created hereafter which
the I[State] Government may declare to be scheduled tenancies
under this section.
Power to 5. The 2[State] Government may at any time by
withdraw a notification in the Oficial Gazette withdraw a colony or any
colony born the part of a colony from the operation of all or any of the provisions
operation of rhe
Aa. of this Act. .,

Applicability of 6 . ( I ) Except as &ided in section 7 of this Act, the 1 7 0 f

Ule Panjab Punjab 'Tenancy Act, 1887, shall not be applicable to tenancies 1837
TenancyAct. held under this Act.
(2) Nothing in sub-section ( I ) of this section shall
affect the application of the Punjab Tenancy Act, 1887, to any -
matter or dispute arising between 3[tenants of the
4[Govemment] 1 and their subtenants to which '[Government]
is not a party.
Applicability or 7. Subject to the provisions of this Act, the Punjab
the Punjab Land LandRevenueAct, andChapterVLTofthePunjabTenancyAct l7
Revenuc Act and and the rules made thereunder shall, in so far as they are and 160f
Punjab Tenancy
Act. applicable, apply to all proceedings under this Act. But nothing 1887
in the f unjab Land Revenue Act or the Punjab Tenancy Act,
Z 887, shall be so construed as to vary or invalidate any condition
entered in any statement of conditions issued by the 2[State]
Government and in particular shall not be so construed to limit
successions to tenancies otherwise than as provided in such
statement of conditions.
Amettdmmt of 8. Section 136 (1) of the Punjab land Revenue Act, 17 of
section 136 ( I ) of 1887, shall be amended by inserting after the words "under 1887-
the Panjab Land
Revenue Act.
section 49" the words "or any Revenue Officer in a colony".
Application of 9. Notwithstanding anything in section 4 of the 17 of
Chapter I V of Punjab Land Revenue Act, 1887, the provisions of Chapter IV 1887.
Land Rwcnue of that Act shall apply to all village sites in a colony.
Act, 1887, lo
certain vi11age 1. The words 'Yo tenancies specified in Schedulc I ofthis Act, or" omitted by t l ~ c
sites. Indian Independence (Adaptation of Bmgal and Panjab Acts) Order, 1948
(GC.0.40):
2. Substituted for-thcword "Provincia~"by t h e ~ d a ~ t a t i oofoLaws Ordcr. 1950.
3. Substituted for tllc words "Govemmcnt teamts" by 1h.eGovernmen1 of lnda
(Adaptation of Indian L d m ) Ordcr, 193 7.., .
4. Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.

LatestLaws.com
19J2 : Pb. Act's] OT:
COLONI%~ION
GOVEEU.IMF,NT LAiiDS

CHAPTER II

10. (0The '[State]Government may grant Iand in a Issue of

coIony t o any person on such conditions as it thinks fit. statementsof
conditions of
(2) The '[State] Government may issue a statement or tmancics.
statements of the conditions OTI which it is willing to grant
land in a colony to tenants.
(3) Where such statements of conditions have beeen
issued, the Collector may, subject to the control of the Financial
Commissioner, allot land to any person, to be held subject to
such statement of conditions issued under sub-section (2) of
this section, as the Collector may by written order declare to
be applicable to the case.
(4) No person shall be deemed to be or to
atenant
have any right or title in the land allotted to him until such a
written order has been passed and he has taken possession of
the land with the permission of the Collector.After possession
has been so taken, the grant shall be held subject to the
conditions declared applicable thereto.
I Subject to the provisions of this Act, the grant of Legal effect of
3 of any tenancy in accordance with any statements of conditions atancntsor
I893. which have been or may hereafter be issued by the '[State] conditions.
Government under the Government Tenants (Punjab) kt,1 893,
j5
of
or under this Act shall be deemed to be transfer of a Iand within
therneaningoftheGovernment GrantsAct, 1895,andsh;allbe
governed by the provisions of the said Act.
12. Any condition included in any statement of Temporary
conditions which imposes an obligation of residence shall not absence.
be deemed to have been infringed by reason only of the
temporary absence of a tenant who has established a permanent
residence in the estate in which his holding is situated.
13. Whereinanystatemmtofconditionsissuedbefore Entries in rccord-
3 of or-rights or ia
1893, thec~mencernentofthisActreferenceismadetomyregister
annual rword to
prescriid under the Government Tenants (Punjab) Act, 1893, bc eqnivalmt to
then the record-of-rights or the annual record s h d so far as a rester
c n ~ in
issued under Act,
1. Substituled for the word "Provincial"by the Adaptation of Lalvs Order, 1950. 3 of 1893.

LatestLaws.com
 C( )LONJZATION 01: 11912 :Pb. Act 5
GOVERNMENT LANDS
may be, be deemed to be such a register.
. ..
14. Any p e n o n who at any time before the
.-
..,i'

-':
d..Am
Position of
,
abbholbg commencement of this Act was a tenant from '[Government] or
oflandtowhichtheGovemmentTenants(Punjab)Act,1893, ,893.
,
j ; AcL30f1893.
applied and for which a statement of conditions was issued
..:- I.r.
..
under that Act, shall, ndtwithstanding any previous agreement 16
or anything contained inithe Punjab Tenancy Act, 1887, or any
1887.
other enactment now.in:force,be deemed to have accepted and
j to hold the lands ofwhich he is.a tenant in accordance with such
1.i statement of conditions ,!
. ,:j; Provlded that unless such tenant shall, by deed executed
c ; z ~, :i 5; ! '. t;i Uid
J. ~ dzt~ ~ eL g i s t e within
r e d hvelue months from the date on which .
,
-

.!;I; ,j ,,,filiv!Aa,
.-I

Y 2; [>:!-i4 ,;!?c!l:-,: comes into force;::bclarethat th&'successi6n I , ... to his

, -
, ,.
. .
'1: -3 d:~r-;;::i~ .
:I;
: ! ~ l tencmccytshall be in ac&d&nck wiik the stitanent ol&oditions . .
applicable thereto, the $ucckiii& to his t e n k y shaU be
I iri
+.
(j,)
regulated by the provision ofsections 20,21,22 and 23 of this
t::lll
Act. I

I( q:
Purchaser to be 15. Apurcha&fiomthe '[Government] oflandwho
!;!.i;
' tenant pending has been placed in posskision oftbe land by order of the Collector
!Y>=
,
pawent shall be deemed to be ii tenant of such land until the full amount
;; i-*; (qpnrchasc
money of the purchase money-with,my interest due thereon has been
....,. ,,:
:I
paid and the other conditions set forth in the statement of the
4. il conditions of sale issued by the ColIector have been fulfilled.
? .Zlse informationi:, :;, ..- 16. If any perspn who .A
after the commencement of this
-. ( i f ; i 1 d d . +.€apt.' ) I ;:,:* <;:
'
- +...by
,
&d'B&
,frt,( .f?-.
been put
-0.2
in possqsgion
,.
.-a< ,
!->#>:a
of land in a t6ltiiy:asV a tenant
i , , .,~ . I:!::..;
~ . ~.-< ~ ~.. h & ~ ~ e g i v. e. o f ~. .e .~ f ~ ~ t ...
A , . i o., n , i p t e n d i o g ~ .oI.I..r h a ~
to h b that any offic,~ o f.the. . d'[~ovmmerit]
,.. f r ~ a thereby
y~ .
,.
-1 .
3 ; ; j k>2i(:jJ Ej:!;:~7

j 9 5 iy;fi !rc? : deceived regarding his

.... ,..-
. qualifications
.. , . . , . . , to become'a tenant, he
.

w .i.?. *. .< shall be deemed to haye committed

,*:'
a breach of the conditions
.;,> !!,>I ,?(;:>
ofhw
L;
fenancy :
.?r ' 'I. .: :..'

~ J ZY. ! ~ . ~ ~ j : : ~ i i c j t ~ i : .i!Cl filliI!lL>l! . ., w c L t ...,, c.,! , I

-+,
. . Provided that thisiectibii.sl;aii
.A:,.:i4-, -::,. , not applyiopersons who
:ji: +(;J $:i:.irj!!~:;;
iJ b2-&zi3~t .;:: have been in posseuioq of a. ten&+
,.-. . . . ,,.,- . : for more than three years
or to any person who'h'ii 'acquiied'a right of ownership.
: ' .j4gxcbange. ' 57 . Subject t d . ~ orders y that hc may rqceive fiom the
IO.; z;{i :,I;;:];;> ~&?iii%ksioner, the ColleQos may iilIow any tenant to exchange
. , ~ : gI ~ ~ I I I.;::;rr: >.]jii,ii-r.. .
,-- .-- ,-
. . thq
;a .&Ia11. 7-
yhdle or any $art ofhis tbnancyfor othm41indin ~ hcolony, e
-7rnfl.$e, land so taken l e x c f i a ~ ~ g
- - , - , - I

I . : , I 1 up,
-3..-.,, . e in tc=3dBkence
shall, . <?:, ; ,-;
of any
I '.
1. Substitutd for the d&d"'Pr~&i'~
by the Adaplatiefi of Laws Order, 1950
-

LatestLaws.com
 1912 :Pb. Act 5 ) COLONIZATION OF 263
GO\'EKri"rMEEiT imDS
special conditions to the contrary recorded in writing by the
collectdr, 'be deemed to be heId on the same conditions and
subject to the same obligations as the surrendered land was
held.
None of the rights or interests vested in a tenant
18. Rights oftman1
'
from Government of land to which this Act applies shall be
'-
no to be attached
-
. -r: .
attacbed or sold in execution of a decree or order of any court or sold.
or in any insolvency proceedings.
' .. . .. .
Except as provided in section 17, none ofthe rights
1 9. Transfer ofrights
I.

or interests vested in a tenant by or under the Government to be void.

Tenants (Punjab) Act, 1893, or this Act shall, without the
3 of
1893 consent in writing of the Commissioner, or of such officer as
he may by written order empower in this behalf, be transferred
or charged by any sale, exchange, gift, d l , mortgage or other
private contract, other than a sub-lease for not more than one
year in the case of tenant who has not acquired a right of
occupancy, and seven years in the case of a tenant who has
acquired aright of occupancy. Any such transfer or charge made
without such consent in writing shdl be void, and if (after the
commencement of this Act) the transferee has obtained
possession, he shall be ejectedunder the orders of the Collector :
Provided that the right of subletting conferred by this
,. section shall not release any tenant from a condition requiring
hirn to reside in the estate in which his tenancy is situated.
,: . .
. I .

.I I
. '[20. Subject to the provjso to section 14, when, after Succession to
I: I the commencement of this Act, any original tenant dies the tenants acquiring
otherwise than
succession to the tenancy shall devolve in the following order
by succession.
' ' I :i ,
. upon-
::
,
. .
(a) the d e lineal descendants of the tenant in the male
Ihe of descent. (The term 'lineal descendants' shall
include an adopted son whose adoption has been
,..
,,,
ratified by a registered deed) ;
_. I-.

(b] the widow ofthe tenad until she dies, or re-marries,

or loses her rights under the.provisions of this Act ;
(c) the unmarried daughters of the tenant until they
1. I . Substituted by Punjab Act 3 of 1920, section 3.

LatestLaws.com
 COLONEMION OF 13 91 2 :Pb. Act 5
GOVERXMEKT LANDS

die or marry, or lose their rights under the provisions of ,

this Act ;
Id) the successor or successors nominated by the tenant by
registered deed &om mong the folIowing persons, that
is, to say, his mother, '[his predeceased son's widow, his
predeceased grandson's widow] ,his married daughter, his
daughter's son, his sister, his sister's son; and the male
agnate members of his family ;

( e ) the successor or successors nominated by the Collect,or

fiom aiiiong the persons enumerated in clause (d) of this .
section.3
Succession to '[21. When, 'after the commencement of this Act any male
tenants acquiring tenant, who is not ai' origrnaI tenant, dies, or any female tenant dies,
by succession. marries or re-marries, the succession to the tenancy shall devolve-

(a) in the case of a female, to whom the tenancy has been

first allotted, on the successor nominated by the Collector
h m the. issue of such female tenant, or from the male
agnates of the person, on account of whose services the
tenancy was allotted to her ;
(b) in all other cases, on the person or persons, who would
succeed if the tenancy were agricultural laid acq&ed .by .
the original tenant.]
22. When a tenant has nominated a successor to his tenancy
Acquidonof .
ownership not to : under section 20 (d) and subsequmtiy acquires a right of ownership
affect nominalion in the tenancy, the right of succession of the pers-onsso nominated
of heir. shall, unless the deed ofnomination expressly provides to the contrary,
be unxRected by such acquistion of ownership.
Revocation or 23. When a tenant has, under section 20 (d) of this Act,
nomination. nominated a successor, he may at any time, wbether before or after
acquiring ownership, revoke such nomination, but not otherwise than
by registered deed.
Power of 24. When the Collector is satisfied that a tenant in possession
imposig of land has committed a breach of the conditions of his tenancy, he
penalties for may, after giving the tenant an opportunity to appear and state
breaches of
conditions. 1. Inserted by Punjab Act, 13 of 194 1, section 2.
2. Substituted by Punjab Act, 3 of 1920, ~CCtiod4.

LatestLaws.com
 1912 :Pb. Act 51 COLUNVXICIN OF
GOVEFSNiMENT LANDS

his objections-
(a) impose on the tenant a penaIity not exceeding one
hundered rupees, or
(b) order the resumption of the tenancy :
Provided that if the breach is capable of rectification, the
Collector shaIl not impose any penalty or order the
resumption of the tenancy unIess he has issued a written
notice requiring the tenant to rcctify the breach within a
reasonable time, not being less than one month to be stated
in the notice and the tenant has failed to comply with such
notice.
25. Where an order resuming the tenancy has been passed Power of rc-cntry
- under the last preceding section, the Collector may forthwith re-enter and provisims as
to compensation
upon the land and resume possession of it; subject to the payment of in certain cases.
compensation, to be fixed by the Collector, for uncut and ungathered
crops and fox the improvements, if any, that may have been made by
the tenant :
Provided that if the tenancy be allotted to any other person, the
amount of compensation, if any, paid to the outgoing tenant shall be
recoverable by the Collector fi-om the incoming tenant. .. .

26. In any case w b u e a tenant has been allotted a site for Provisioos for rc-
residential purposes in consideration of his tenancy, and such tenancy cntry on and
..
compensationfor
1- has been resumed under the provisions of sections 24 and 25 of this
buildings on sites
Act, the ColIector may re-enter on and take possession of such site : allotcd Tor
Provided that the Collector shall fix and pay to the said tenant r~idaual
reasonable compensation for, or permit him to remove, any buildings pqoses.
or vlprovements k d e by him on such site.
27. (1) Nothing in sections 24, 25 or 26 shall apply to - Saving of cmain
tenancies and
conditions.
. . , ,(b) any breach of a condition regarding a arboriculture
included in any statement of conditions other than a statement
to tree-planting tenant, '[ofl.

1 Omittd by the Indian independence (Adaptation orBengal and Punjab Acts)

Order of 1948 (G.G.O.40).
2. The word "or" inserted by Punjab Act 6 of 1944, section 2 (a) (i).

LatestLaws.com
 L Y I L O M l O N UF 11912 :Pb. Act 5
CflVERNMENT 1AYDS

[(c) any tenancy scheduled under the proviso to section

1

4, except to such extent as may be specified in the statement

of conditions applicable to such tmancy.]

Sums d ~ toe All sums due to the 3[Governn~ent]inrespect of a

28.
Govcmm cnt to tenancy granted in pursuance of the Govemment Tenants
bc recovcrablc as of
arrms orland
(Punjab) Act, 1893, orundertheprovisions~ofthisAct orof 1893,
rcvenuc. the rules and conditions issued thereunder, and all sums due
on account of h e s , conhcations, costs and penalties, shall
be recoverable,as ifthey were arrears of land revenue.

Power to . . . . '[State] Government may, at any time by

29.. . . The
abrogate notification in the ORiciaI Gazette, abrogate &y of the
condilions. limitations and obligations imposed upon tenants as part of the
conditions of their tenure.
CHAPTER I11 ..

P~ovrsross
-16 TO PROP~TOKS
; -.. , . -
Acquisition of 30. ~otwithstandin~ anythmg entered in any st atanent
proprietary of conditions issued under the Govemment Tenants (Punjab)
rights. Act, 1893, a tenant who, either in pursuance of any sich 18m*
condition or othelu;ise by agreement with 'or under rules issued
by the '[State] Government, has acquired proprietary right in'
any 1md-kiludedin his tenancy shall in respect of such land
cease to be subject to any statement of conditions issued under
the above-mentioned Act - : Provided always that he s h d in
respect of such land be bound by .the conditions set out in . .

Schedule 11 ofthisAct and be bound by the other provisions of

this Act applicable to proprjetors of land.
Right of j[30-A. ( I ) Notwithstanding any custom and the
d malion in provisions of any law to the contrary, when after the
r q e c t of, and commencement of the Colonization of Government Iands
d e of succession
to. certain (Punjab) (Amendment) Act, 1944, proprietary rights in any
proprictaryrights
1. Added by Punjab Act 6 o f 1944, section 2 (a) (ii)
acuircd by a
2. Omittcd by ibid, section 2(b).
fccmde.
3. Substituted for the word "Crown" by the ~ d a ~ t a t i oofhLaws Order, 1450.
4. Substituted by ibid, for ' T r o ~ a c i a l "
5. Added by Punjab Act b of 1944, section 3.

LatestLaws.com
1912 : Pb. Act 51 COLCINUATION OF 267
GOVERNMENT LANDS
land are acquired by a female tenant, her rights of alienation of any
such land shall be the same - .
(a) if she succeeded to the tenancy directly or indirectly kom
a male tenant, as if the proprietary rights had been acquired
by the last male tenant, and'she had succeeded to such
rights as'his heir, and
(b) ifthetenancywasfirstallottedonaccountofsamemale
person, either to her, or to another female to whom she
succeeded either directly or in a continuous line of female
succession, as if the proprietary rights had been acquired
by such male person and she had succeeded to such rights
as his heir ;
and in cases falling under clause (a) or clause (h) in the event of such
female proprietor dying while in possession of the proprietary rights
in question, the said rights shaU devolve upon the persons who would
be entitled to succeed, if such rights had been acquired by the last
male tenant, or the male person on whose account the tenancy was
first allotted, as the case may be.

(2) Nothing herein contained shall be construed to alter the

law of succession applicable to any female tenant, in respect of
proprietary rights in land acquired by her, if the tenancy in such land
was acquired by or accrued to her in circumrtances other than those
specified in sub-section (1).

(3) For the purposes of this section the expression "any such
'1~d"~shall be deemed to include any land obtained in exchange for
part or all of the Iand in which proprietary rights have been acquired.]

. . CHAPTER 1V

31. No mare or camel or other animal maintained in Mares, camcls or

accordance with any prescribed statement of conditions and no their progeny
mainlabed urider
progeny, if lass than eighteen months old, of any mare or camel so prescribed
maintained, shall be liable to attachment or sale in execution of any conditions not to
decree. be auached or
sold.

LatestLaws.com
LatestLaws.com
 268 COLONIZATION OF 11912 : Pb. Act 5
CUVERh'hlENT LANDS
Power of reentry 32. When the collector is satisfied that any person has taken
in case of .
or is in possession of land in a colony to which he has no right or title,
squatters and
Irespassers.
the Collector may, in addition to any other powers he may possess,
forthwith re-enter upon the land Ad resume possession of it and take
possession -ofall crops, trees and buildings thereon on behalf of the
'[~overn&t] without payment of ariy compensation whatsoever.
33. If any person, without permission of a Revenue Officer
of a grade to be specsed by the '[~taie] Government -
(4 clears or breaks up for cultivation, or cultivates any Iand
which is owned by, or i s in the possession of the
'[Government] and is not included in any tenancy or
allotted residential enclosure or which has been set apart
for the common purposes of a town or village community
or section of the same or for a road, canal or watercourse ;
or
.-
@) erects any buiIding on any such land ; or I

(c) fells or otheiwise destroys standing trees on such land ;

or
(d) otherwise encroaches on any such land ; or
(e) makes an excavation or constructs a water channel on
any such land ;
he shall, on cornpjaint made by order of or under authority from
the Collector, be punished on conviction 3[ * * * ] with a
fine not exceeding Rs. 200 :
Explnnnrion.-The felling of trees p h t e d by an owner or tenant
on a& village road or watercourse traversing his holding is not an
offence under this section.
Additional 34. When the Collector is satisfied that an act punishable
powcrs o f under section 3 3 has been committed\, he may in lieu of proceeding
Collector in against the offender under that section or after conviction of the
regard to
offeRc=. offender under that section -
.- .
(i) in the case 'of an off&ce under section 33 (a), confiscate
the crops growing on any laid ciiltivated in contravention
., ,
- , ..
I. Substituted-for the word 'Crown"by the Adaptation of Laws Order, 1950.
2. Substituted for the word "Provincial" by the Adaptation ofLaws Order, 1950.
3. The words '%by any Magistrate" omitted by Punjab Act 25 of 1964.

LatestLaws.com
, -
1912 : Pb. Act 51 COLONIZATION OF 269
GOVERNMENT IANDS
of this Act or, if the crops have been cut, recovet-
such sum as he may assess as the value thereof
Eom-the.offende1-;
(ii) in the case of an offence under section 33 (c),
recover such sum as he may assess as the value of
the trees or wee destroyed ;
(iio in the case ofanoffence under section 33 (b), (d)
or (e), cause the building or other encroachment to
be demolished or removed or the excavation or
channels to be filled up, and levy the costs of so
doing from the person responsible for such act.
.35. (1) If in any estate the majority of the tenants and Powers to Icvy a
.. owners of the estate shall apply for the levy of a cess for village cess for adminis-
purposes, the ColIector may order the payment of such a cess trarion of
' . ' commonvillagc
'from the proprietors, tenants and inhabitants of the village in expenses.
such way and at such rates as he hold to be suitable.
16 of 2 cess leviable under this section shall be
Any
1687. recoverable by suit under section 77 (3) Cj) ofthe Punjab Tenancy
Act, 1887.
36. A Civil Court shall not have jurisdiction in any Jurisdiction of'
matter of which the Collector is empowered by this Act to CM~
dispose, and shall not take cognizance of the manner in which barred as regards
matter arising
!,. !, -
the '[State] Government or Collector or any other Revenue under the Ac 1.
.. - . - ' 'OfEcerexercises any power vested in it or in him by or under
this Act.
. ..
37. No -suit shall lie against any public servant for Public servants
':;'-:anythingdone by him in good fGth under this Act. indemnified far
acts done under
tbis Act.
38. (1) Any Act hitherto done or order passed by the Legalization of
'[State] Government or by an officer holding the post of orders passcd
previous to the
3 of Colonization Officer, Assist ant Colonization Officer or Aa.
1893. Settlement Commissioner, or exercising the powers of an
Assistant Collector: or of a Revenue Officer of higher class
within any area to which the Government Tenants (Punjab)
Act, 1893,'hzk been applied or to which this Act may hereafter
I. -
Sllbstituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

LatestLaws.com
 270 C D L O ~ ~ I DOFN [I912 :Pb. Act 5
GUVEKNMWT LANDS
be applied which is not contrary to the provisions of this Act, shall be
deemedf o hwe been done or passed under this Act.
(2) In particular and without prejudice to the generality of
the foregoing subsection, no right of occupancy or right of ownership
and no condition applicable thereto shall be invalidated by reason
of -
(0 the right having been granted before the particulars
regarding it have been entered in a prescnied register; or
(ii) the prescribed register not having been signed by the
tenant ; or
(iiiii) thepresc~ibedstatementofconditionshavingbeenafixed
to the presmied register instead ofbeing prehed thereto :
Provided that if the register has not been signed by the tenant,
the statement of conditions applicable to the tenancy shall be deemed
to be that which was in force for tenancies of the same description at
the time when the land was allotted.
'[SCHEDULE I]
SCHEDULE 11

Conditions applicable to grantees who ncqrsire pmprietnry right

Exceptions of I. The '[Govemment]does not grant to the grantee but hereby
ch-clssi@& abS~lutelyexceptsandresewestoitselfoutofandinrespectofthe
'O miocrals* said lands (4 a11 grounds situate in the said lands or any part thereof
already marked out, -excavatedor otherwise utilized for the distributary
channeIs, and (2) all existing rights to and over all mines and minerals,
coals, gold-washings, earth-oil and quanies in or under the said lands
or any part thereof, together with all easements heretofore enjoyed by
the 2[Governmeot] in respect of the said lands or any part thereof.
And it likewise excepts and reserves the right of the public to use
existing thoroughfares traversing the said lands or any part thereof
including a width of 1'/2 kudams on either side of survey base line,
and also any lines of road which, though not yet made, have'been
1. Scbcdulc I omirled by the ludian Independence (Adaptation of Punjab ;. ~...
..
d
Bcngal ACE),Order, I948 ...
2. Substituted for the word "Crown"by the Adaptation of Laws Ordcr, 1950.

LatestLaws.com
1912 :Pb. Act S] COLONIZPJION OF
GOVERNMENT LANDS

marked out upon the ground

2. The grantee shall at all times pennit the officers o f the PoweI of
[Govanmmt] to enter and do all acts and things that may be necessary Government
and expedient for the purpose of searching for, working, getting or c u e to search
Ibr minerals, ctc.
carrying away any such mines and minerals, coals, gold-washings,
earth-oil and quarries, and for the full enjoyment of the ground and of
the rights hereinbefore reserved to the '[Government] to and over all
Mines and minerah, coals, gold-washings, earth-oil quarries and
easements in or under the said lands and all parts thereof.
3. The G o v m e n t ag-reesto pay the grantees compensation Conlpcrlsatio~iTor
for all damage occasioned by the exercise o f the rights reserved to damagc by cutry.
itself in clauses I and 2. Such compensation shall be assessed by the
Collector, and if the grantee is not satisfied with the finding of the
Collector, he may appeal to the Co-ssioner.
4, The grantee shall duly comply with such directions as the
Collector shall from time to time issue requiring him to construct
boundary marks on the limits of the said lands or any part thereof and
shalI keep them when erected in good repair to the satisfaction of the
Collector.
5. In the event of any dispute arising between the '[State] Arbitration.
Government and the grantee as to the property and rights hereby
reserved, to the '[Government], or as to any matter in any way relating
thereto, or as to any of the conditions of the grant, or as to any matter
or thing anyvise connected therewith, the said dispute shall be referred
for the opinion of the Commissioner whose decision shall be h a 1
and conclusive between the 2[State] Government and the grantee.

1. sibstituted for the word "Crown'' by the Adaptation ofLaws Order. 1950.
2. Subsliruled for thc word "Prmincial" by the Adaptation of Laws Ordcr, 1950.

LatestLaws.com