The Colonization of Govt. Lands (Punjab) Act, 1912

(1) This Act may be called the Colonization of Government Lands (Punjab) Act, 1912. (2) It extends to the Punjab.

The Government Tenants (Punjab) Act, 1893, is hereby repealed.

In this Act, unless there is something repugnant in the subject or context,— "Collector" means the Collector of the district as described in the Punjab Land Revenue Act, 1887, and includes (1) any officer appointed by the State Government to perform all or any of the functions and exercise all or any of the 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 no such officer was by notification appointed to perform all or any of the functions of a Deputy Commissioner under the Act hereby repealed. "Commissioner" includes any officer appointed by the State Government to perform all or any of the functions and exercise 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, unless the State Government otherwise directs any area to which the Government tenants (Punjab) Act, 1893, has been applied. "Prescribed" means sanctioned by the State Government under this Act or under the Act hereby repealed. "Improvements" means such improvements as defined in section 4(19) of the Punjab Tenancy Act, 1887, 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 of Government and includes the predecessors and successors in interest of a tenant. "Original tenant" means any male to whom a tenancy is first 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 allotted.

This Act shall, unless the State Government otherwise directs, apply to land to which the provisions of the Government Tenants (Punjab) Act, 1893, have been applied and to any other land to which the State Government may by notification in the Official Gazette apply it and which at the time of the notification was the property of the 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, * * * apply * * * to any class of tenancies created hereafter which the State Government may declare to be scheduled tenancies under this section.

The State Government may, at any time by notification in the Official Gazette, withdraw a colony or any part of a colony from the operation of all or any of the provisions of this Act.

(1) Except as provided in section 7 of this Act, the Punjab Tenancy Act, 1887, shall not be applicable to tenancies held under this Act. (2) Nothing in sub-section (1) of this section shall affect the application of the Punjab Tenancy Act, 1887, to any matter or dispute arising between "tenants of the Government" and their sub-tenants to which Government is not a party.

Subject to the provisions of this Act, the Punjab Land Revenue Act, and Chapter VII of the Punjab Tenancy Act and the rules made thereunder shall, in so far as they are applicable, apply to all proceedings under this Act. But nothing in the Punjab Land Revenue Act or the Punjab Tenancy Act, 1887, shall be so construed as to vary or invalidate any condition entered in any statement of conditions issued by the State Government, and in particular shall not be so construed as to limit successions to tenancies otherwise than as provided in such statement of conditions.

Section 136 (1) of the Punjab Land Revenue Act, 1887, shall be amended by inserting after the words "under section 49" the words "or any Revenue Officer in a colony".

The State Government may, by notification, direct that the provisions of the Punjab Tenancy Act, 1887, or any of them, shall apply to any village site in a colony.

(1) The State Government may grant land in a colony to any person on such conditions as it thinks fit. (2) The State Government may issue a statement or statements of the conditions on which it is willing to grant land in a colony to tenants. (3) Where such statements of conditions have been 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 a tenant or to 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.

Subject to the provisions of this Act, the grant of any tenancy in accordance with any statements of conditions which have been or may hereafter be issued by the State Government under the Government Tenants (Punjab) Act, 1893, or under this Act shall be deemed to be transfer of a land within the meaning of the Government Grants Act, 1895, and shall be governed by the provisions of the said Act.

Any condition included in any statement of conditions which imposes an obligation of residence shall not 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.

Where in any statement of conditions issued before the commencement of this Act reference is made to any register prescribed under the Government Tenants (Punjab) Act, 1893, then the record-of-rights or the annual record shall, so far as may be, be deemed to be such a register.

Any person who at any time before the commencement of this Act was a tenant from Government of land to which the Government Tenants (Punjab) Act, 1893, applied and for which a statement of conditions was issued under that Act, shall, notwithstanding any previous agreement or anything contained in the Punjab Tenancy Act, 1887, or any other enactment now in force, be deemed to have accepted and to hold the lands of which he is a tenant in accordance with such statement of conditions:— Provided that unless such tenant shall, by deed executed and registered within twelve months from the date on which this Act comes into force, declare that the succession to his tenancy shall be in accordance with the statement of conditions applicable thereto, the succession to his tenancy shall be regulated by the provision of sections 20, 21, 22 and 23 of this Act.

A purchaser from the Government of land who has been placed in possession of the land by order of the Collector shall be deemed to be a tenant of such land until the full amount of the purchase money with any interest due thereon has been paid and the other conditions set forth in the statement of the conditions of sale issued by the Collector have been fulfilled.

If any person who after the commencement of this Act has been put in possession of land in a colony as a tenant shall have given false information intending or having reason to believe that any officer of the Goverment may be thereby deceived regarding his qualifications to become a tenant, he shall be deemed to have committed a breach of the conditions of his tenancy : Provided that this section shall not apply to persons who have been in possession of a tenancy for more than three years or to any person who has acquired a right of ownership.

Subject to any orders that he may receive from the Commissioner, the Collector may allow any tenant to exchange the whole or any part of his tenancy for other land in the colony, and the land so taken in exchange shall, in the absence of any special condition to the contrary recorded in writing by the Collector, be deemed to be held 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 from Government of land to which this Act applies shall be attached or sold in execution of a decree or order of any court or in any insolvency proceedings.

Except as provided in section 17, none of the rights or interests vested in a tenant by or under the Government Tenants (Punjab) Act, 1893, or this Act, shall, without the 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, will, mortgage or other private contract, other than a sub-lease for not more than one year in the case of a tenant who has not acquired a right of occupancy, and seven years in the case of a tenant who has acquired a right of occupancy. Any such transfer or charge made without such consent in writing shall be void, and if (after the commencement of this Act) the transferee has obtained possession, he shall be ejected under the order of the Collector : Provided that the right of sub-letting conferred by this section shall not release any tenant from a condition requiring him to reside in the estate in which his tenancy is situated.

Subject to the proviso to section 14, when after the commencement of this Act, any original tenant dies the succession to the tenancy shall devolve in the following order upon— (a) the male lineal descendants of the tenant in the male line of descent. (The term ‘lineal descendants’ shall include an adopted son whose adoption has been ratified by a registered deed); (b) the widow of the tenant until she dies, or remarries, or loses her rights under the provisions of this Act; (c) the unmarried daughters of the tenant until they die or marry, or lose their rights under the provisions of this Act ; (d) the successor or successors nominated by the tenant by registered deed from among the following 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 Collector from among the persons enumerated in clause (d) of this section.

When, after the commencement of this Act, any male tenant, who is not an original tenant, dies, or any female tenant dies, 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 from 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 land acquired by the original tenant.

When a tenant has nominated a successor to his tenancy under section 20 (d) and subsequently acquires a right of ownership in the tenancy, the right

When a tenant has, under section 20 (d) of this Act, nominated a successor, he may at any time, whether before or after acquiring ownership, revoke such nomination, but not otherwise than by registered deed.

When the Collector is satisfied that a tenant in possession of land has committed a breach of the conditions of his tenancy, he may, after giving the tenant an opportunity to appear and state his objections— (a) impose on the tenant a penalty not exceeding one hundred rupees, or (b) order the resumption of the tenancy : Provided that if the breach is capable of rectification, the Collector shall not impose any penalty or order the resumption of the tenancy unless he has issued a written notice requiring the tenant to rectify 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

Where an order resuming the tenancy has been passed under the last preceding section, the Collector may forthwith re-enter upon the land and resume possession of it, subject to the payment of compensation, to be fixed by the Collector, for uncut and ungathered crops and for 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 out-going tenant shall be recoverable by the Collector from the incoming tenant.

In any case where a tenant has been allotted a site for residential purposes in consideration of his tenancy, and such tenancy has been resumed under the provisions of sections 24 and 25 of this Act, the Collector may re-enter on and take possession of such site : Provided that the Collector shall fix and pay to the said tenant reasonable compensation for, or permit him to remove, any buildings or improvements made by him on such site.

(1) Nothing in sections 24, 25 or 26 shall apply to— (a) * * * * * (b) any breach of a condition regarding arboriculture included in any statement of conditions other than a statement pertaining to tree-planting tenants; or (c) any tenancy scheduled under the proviso to section 4, except to such extent as may be specified in the statement of conditions applicable to such tenancy.

All sums due to the Government in respect of a tenancy granted in pursuance of the Government Tenants (Punjab) Act, 1893, or under the provisions of this Act or of the rules and conditions issued thereunder, and all sums due on account of fines, confiscations, costs and penalties, shall be recoverable as if they were arrears of land revenue.

The State Government may, at any time by notification in the Official Gazette, abrogate any of the limitations and obligations imposed upon tenants as part of the conditions of their tenure.

Notwithstanding anything entered in any statement of conditions issued under the Government Tenants (Punjab) Act, 1893, a tenant who, either in pursuance of any such condition or otherwise by agreement with, or under rules issued by the State Government, has acquired proprietary right in any land included in 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 shall in respect of such land be bound by the conditions set out in Schedule II of this Act and be bound by the other provisions of this Act applicable to proprietors of land.

Notwithstanding anything contained in any law or custom, where a female acquires proprietary rights in any land under section 30, her rights of alienation and the rule of succession to such land shall be governed by the personal law applicable to her.

No mare or camel or other animal maintained in accordance with any prescribed statement of conditions and no progeny, if less than eighteen months old, of any mare or camel so maintained, shall be liable to attachment or sale in execution of any decree.

When the Collector is satisfied that any person has taken or is in possession of land in a colony to which he has no right or title, the Collector may, in addition to any other powers he may possess, forthwith re-enter upon the land and resume possession of it and take possession of all crops, trees and buildings thereon on behalf of the Government without payment of any compensation whatsoever.

If any person, without permission of a Revenue Officer of a grade to be specified by the State Government— (a) clears or breaks up for cultivation, or cultivates any land which is owned by, or is 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 water-course; or (b) erects any building on any such land; or

When the Collector is satisfied that an act punishable under section 33 has been committed, he may in lieu of proceeding against the offender under that section or after conviction of the offender under that section— (i) in the case of an offence under section 33 (a), confiscate the crops growing on any land cultivated in contravention of this Act or, if the crops have been cut, recover such sum as he may assess as the value thereof from the offender ; (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 tree destroyed ; (iii) in the case of an offence 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.

(1) If in any estate the majority of the tenants and owners of the estate shall apply for the levy of a cess for village purposes, the Collector may order the payment of such a cess from the proprietors, tenants and inhabitants of the village in such way and at such rates as he holds to be suitable. (2) Any cess leviable under this section shall be recoverable by suit under section 77 (3) (j) of the Punjab Tenancy Act, 1887.

A Civil Court shall not have jurisdiction in any matter of which the Collector is empowered by this Act to dispose, and shall not take cognizance of the manner in which the State Government or Collector or any other Revenue Officer exercises any power vested in it or in him by or under this Act.

No suit, prosecution or other legal proceeding shall lie against any public servant for anything done or intended to be done in good faith under this Act.

(1) Any act hitherto done or order passed by State Government or by an officer holding the post of Colonization Officer, Asssitant Colonization Officer or 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, has been applied or to which this Act may hereafter be applied, which is not contrary to the provisions of this Act, shall be deemed to have been done or passed under this Act. (2) In particular and without prejudice to the generality of the foregoing sub-section, no right of occupancy or right of ownership and no condition applicable thereto shall be invalidated by reason of— (i) the right having been granted before the particulars regarding it have been entered in a prescribed register; or (ii) the prescribed register not having been signed by the tenant; or (iii) the prescribed statement of conditions having been affixed to the prescribed register instead of being prefixed 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.

(Referred to in Section 30.)

1. The Government does not grant to the grantee but hereby absolutely excepts and reserves to itself out of and in respect of the said lands (1) all grounds situate in the said lands or any part thereof already marked out, excavated or otherwise utilized for the distributary channels, and(2) all existing rights to and over all mines and minerals, coals, gold-washings, earth-oil and quarries in or under the said lands or any part thereof, together with all easements heretofore enjoyed by the Government 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 1/2 kadams on either side of survey base line, and also any lines of road which, though not yet made, have been marked out upon the ground.

2. The grantee shall at all times permit the officers of the Government to enter and do all acts and things that may be necessary and expedient for the purpose of searching for, working, getting or 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 herein before reserved to the Government to and over all mines and minerals, coals, gold-washings, earth-oil, quarries and easements in or under the said lands and all parts thereof.

3. The Government agrees to pay the grantees compensation for all damage occasioned by the exercise of the rights reserved to itself in clauses 1 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 Commissioner.

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 limits of the said lands or any part thereof, and shall keep them, when erected in good repair to the satisfaction of the Collector.

5. In the event of any dispute arising between the State 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 anywise connected therewith, the said dispute shall be referred for the opinion of the Commissioner whose decision shall be final and conclusive between the State Government and the grantee.