The Punjab Restitution of Mortgaged Lands Act, 1938

(1) This Act shall be called the Punjab Restitution of Mortgaged Lands Act, 1938. (2) It shall apply to [Haryana]. (3) It shall come into force [in the principal territories] on such dale ac Lhe [statel Govemmcnt may by Znotiftcation direcl [arld in the transferred territories on the l5rh May, 1968].

Notwithstanding anything contained in any enactment for rhc time being i r force, this Act shall apply to any subsisting mortgages of land, which wcre effecred prior io 8th June, 190 1, ;[in h e principal territories and prior LO 17th February, 1915, in the kansPerred terrilories.]. Explanation. - A mortgagc shall Fe decmed to subsist noli~lit!ismding adecrcc or order for its rcdemplion having been passed provided redemplion has not taken place bcfore Lbe commencemcil of his Act. '[or in the case uT a morlgagc in he Lransfcrred tern torics before tbc date 011 which me Act 1s cxtended to those lemtories.]

(1) The exprm'ion "lid" means land which is not occupied as h e site of any building in a town or village and is nccupied or let for agricultural purposes or [or purposes 'subservient to agriculture or for pasture, and includes-- (a) the sites of building and other smctures on such Iand; (b) ashare in fieprofits of anestarc or holding; (c) any dues or any fixed percenhge of the Iand revenue pay abIe by an inferior land-owner lo a superior land-ownci; (e) any right to wakr enjoyed by he owner or occupier uf land as such; Ifl any right of occupancy; and (8) all kecs standing on such land. (2) The expression " Collectof' means the Collector of the districl in which the mortgaged property oi,any:part thereof is,s&atedj and shdl incIude an Assistant ColIecror of the 1 st grade specially empowered by rhe '[state] Government to perform the duties ofthe Collectoi for the purposes of this Act. [(2a) The exp~cssion "Commissioner" nmns the Conunissioncr ol' thc division in which he mortgaged property or any part th~reof is situalcd, and shall include any officer specially empowcrcd by lhc '[State] ~ovcrnment to perform the duties of a Commissioner for the purposes of lhis Ac1.1 (3) "Prescribed" means prescribed by rules made under his Act. (4) "Mortgagor" or "rnorlgagee" respectively shall includc h e assignee and the representa~ive-i n-in terest 01 such "mortgagor" or "mortgagee" as the casc may be.

A mortgagor to whose land the provisions of this Act apply, may at any time present a petition to the Collector praying for restitution of possession of the land mortgaged. The petition shall be duly verified in the manner prescribed for such petitions.

On receipt of such petition the Collector, after such enquiries as may be prescribed, shall record an order in writing with reasons stating whether the mortgage in question is one to which that Act applies.

If the Collector finds that the mortgage is one to which this Act does not apply, he shall dismiss the petition.

(1) If the Collector finds that the mortgage is one to which this Act applies he shall, nowithstanding anylhing conrained in any other enacment for the timc being in Porce in cases where he finds that ihe value of the benefits,enjoyed by the mortgagee, while in possession, equal or exceed twice h e arnoun 1 of the principal sum originally advanccd under the mortgage, order in writing- (a} thal the mortgage be extinguished, and (b] wherethemortgageeisstillinpossession,that~hemortgagor be put into possession of the morigaged land as against the morrgagee and thar thc title deeds, if any, be restorcd to the morlgagor. (2) If in cases to which this Act applies, the CoUector finds thal, the value 01 the benefits enjoyed by thc mortgagee while in possession is less lhan twice the mounl oP the principal sum originally advanccd and some payment is still due to thc mortgagee according to.the tcrms of thc mortgage, the Colleclor shall, by order in writing and notwithstanding anything contained in any oher enacrment for the time being in rorce direct h a t the land bc restored to rhe mortgagor and hc be put into possession subject, however, to the payment of compensation by thc mortgagor to the mortgagee at rates not exceeding the following scale :- (i) thirty times the land revenue assessed on the land aL the time when it was mortgaged if h e mortgagee has been in possession for a period exceeding thirty years but not exceeding ~OI-ly years; (ii) fifteen times ihe land revenue assessed on the land at the timc when it was mortgaged if the mortgagw has been in possession for a period exceeding forty ycars but not exceeding f~tfy years; (iii) fivc times the land revenuc assessed on thc land at the time when it was mortagaged if the mortgagee has been in possession Ior a period exceeding fifty years. Explanation.-Thc CoUeclor shall for the purposes of h i s section compute h e pcriod of possession from he date on which Lhe mortgagee ewered into possession. to Lhe date of rbc presenlauon of Ihc pcuuon under secLion 4.

If rhe Collector finds that any sum is due to the mortgagee by way of compensation under sub-section (2) of section 7, he shall require the mortgagor to deposit thc amount, in such manner as shall be prescribed; and on deposit of the arnoun t, he shall declare h e rights of the mortgagee extinguished and q u i r e thc mortgagee to deliver possession of the Iand to the mortgagor together with all documents of titIe relating to Ihe land.

The Colletor may after declaring the rights of the rn ortgagee extinguished, eject the mortgagee and order delivery of possession of the mortgaged land to tile mortgagor. In case of resistance the Collector may exercise dl thc powers conferred on a civil court by rules 97 and 98 of Order XXZ of the Code of Civil Procedure.

An appeal shall lie from an original or appellate order made under this Act, as follows, namely:- (a) to the Commissioner when the order is made by a Collector; (b) to the Financial Commissioner when the order is made by a Commissioner : Provided that when an original order is confirmed on first appeal a further appeal shall not lie.

The Financial Commissioner may, at any time, of his own motion or on application made, call for the record of any case pending or decided under this Act and may in any such case pass such order as he thinks fit : Provided that he shall not under this section pass any order reversing or modifying any proceedings or order without giving the person concerned an opportunity of being heard.

(1) The period of limitation for an appeal under the last foregoing section shall run from the date of the order appealed against, and shall be as follows:-- (a) when the appeal lies to the Commissioner-Sixty days; (b) when the appeal lies to the Financial Commissioner-Ninety days. (2) In computing the period of limitation for an appeal under this section the period requisite for obtaining copies of the order appealed against shall be excluded. (3) The provisions of section 5 of the Indian Limitation Act shall apply to all appeals under this Act.

No civil court shall have jurisdiction to entertain any claim to enforce any right under a mortgage declared extinguished under this Act, or to question the validity of any proceedings under this Act.

(1) The [State] Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the [State] Government shall make rules regulating or determining the following matters, namely :- (a) the presentation and verification of petitions under section 3 of this Act; (b) the procedure by which the Collector shall deal with such petitions under sections 5, 6 and 7 of the Act and assess compensation, if any; (c) the procedure and principles by which the Collector shall assess the amount due under the mortgage, and the value of the benefits accruing to the mortgagee while in possession; (d) the procedure for making the deposit prescribed by section 8 of this Act; and (e) the procedure for enforcing ejectment of the mortgagee and delivery of possession to the mortgagor under section 9 of this Act.