CONTENTS
|
Sections |
Subject |
|
|
|
|
|
Definitions |
|
|
Abolition of rights of ala maliks and vesting of full
proprietary rights in adna maliks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Certain mortgages and charges not enforceable against land held
by adna maliks |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
AND TALUKADARI RIGHTS ACT, 1952.
PUNJAB ACT NO. 9 OF 1953.
(1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated 29th November 1953, page 1433: for proceedings in Assembly, see Punjab Legislative Assembly Debates, 1953.)
[Received the assent of the President on the 14th day of
April, 1953, and was first published in the PUNJAB GOVERNMENT GAZETTE (Extraordinary) of the 15th
August, 1953].
|
1 |
2 |
3 |
4 |
|
Year |
No. |
Short title |
Whether repealed or
otherwise affected by legislation. |
|
1953 |
9 |
The
Punjab Abolition of Ala Malikiyat and Talukadari Rights Act, 1952 |
Amended
by Punjab Act, 21 of 19612 |
(2For Statement of Objects and Reasons see Punjab Government (Extraordinary) 1961, page 290)
An Act to abolish the rights of superior proprietors, to confer full proprietary rights on inferior proprietors in land held by them and to provide for payment of compensation to the superior proprietors whose rights are extinguished and for certain consequential and incidental matters.
It
is hereby enacted as follows :-
1. Short title extent and commencement:
(1)
This Act may be called
the Punjab Abolition of Ala Malikiyat and Talukdari Rights Act, 1952.
(2)
It extends to the whole
of the State of Punjab.
(3)
It shall come into
force at once.
2.
Definitions: In
this Act, unless the context otherwise requires-
(a)
“adna malik” means, in
the case of land in which the proprietary rights are divided between superior
and inferior owners, the inferior owner;
(b)
“ala malik” means in
the case of land in which the proprietary rights are divided between superior
and inferior owners, the superior owner and includes a talukdar;
(c)
“Collector” means the
Collector of the district in which the land, in respect of which the rights of ala
malik are abolished, is situated and includes
any officer not below the rank of an Assistant Collector of the First Grade
specially empowered by the State Government to perform the duties of a
Collector under this Act;
(d)
The expression ‘land’,
land revenue’, ‘rent’ and any other expression not defined, but used in this
Act shall have the meanings respectively assigned to them in the Punjab Tenancy
Act 1887 (Punjab Act XVI of 1887);
(e)
The expression,
‘Financial Commissioner’ and ‘Commissioner’ have the meanings, respectively
assigned to them under the Punjab Land Revenue Act, 1887 (Punjab Act XVII of
1887).
3.
Abolition of rights of ala-maliks and vesting of full
proprietary rights in adna maliks:
Notwithstanding anything to the contrary contained in
any law, custom or usage for the time being in force, except as otherwise
provided in this Act-
(a)
all rights, title an
interest (including the contingent interest, if any, recognised by any law,
custom or usage for the time being in force). of an ala malik in the land held
under him by an adna malik shall be deemed to have been extinguished as from 15th
June 1952; and full proprietary rights shall be deemed to have vested in the
adna malik free from all encumbrances,
(b)
the ala malik shall
cease to have any right to collect or receive any rent or customary due in
respect of such land; provided that the extinguishment of the right of the ala
malik as aforesaid shall not affect his rights to receive compensation in
accordance with this Act.
4.
Determination of compensation payable to ala maliks:
(1)
Any ala malik whose
rights have been extinguished under section 3 may, before the 15th
of June 1953, apply to the Collector in such form as may be prescribed, for the
determination of the amount of compensation payable to him;
Provided that the Collector may entertain the application after
the said date if he is satisfied that the applicant was prevented by good and
sufficient cause from filing the application in time.
(2)
On receipt of an
application under subsection (1) the Collector shall issue notice to the
parties concerned and, after giving them an opportunity of being heard and
after making such enquiry as may be prescribed, shall make an award determining
the amount of compensation payable in accordance with the provision of section
5.
(3)
Where there is any
dispute as to the person or persons who are entitled to the compensation, the
Collector shall decide such dispute and if the Collector finds that more than
one person is entitled to compensation he shall apportion the amount thereof
amongst such persons.
(4)
Where the compensation
is payable to a minor or to a person having a limited interest, the Collector
may make such arrangements as may be
equitable having regard to the interests of the minor, the parties concerned an
their reversioners.
(5)
The amount of
compensation determined under this section shall be payable by the adna malik :
Provided that where a portion of the
annual rent or other dues is payable by the Government, that portion of the
compensation, which bears the same proportion to the total amount of
compensation as the share of the Government in the annual rent or other dues
bears to the total amount of rent or other dues, shall be paid by the
Government.
5. Principles of compensation:
The amount of compensation payable under this Act
shall be eight times the amount of annual rent and other dues, if any, payable
to the ala maliks, whether by the adna malik or whether partly by adna malik
and partly by the Government.
Provided that where the rent or other dues is or are
paid wholly or partly in kind, the amount of such annual rent or other dues
shall be calculated on the basis of the average of the price of the produce
during a period of fifteen years, commencing from the 1st day of June, 1935.
(1)
The compensation
awarded under this Act shall either be paid in cash to the party entitled to it
or be deposited with the Collector, by the adna malik or, as the case may me,
by the Government within a period of three months of the date of the award :
Provided
that the Collector may, having regard to the amount of compensation or for
other reasons to be recorded by him, allow the adna malik to pay the
compensation in such six-monthly installments payable within a period not
exceeding six years in any case as he thinks fit.
(2)
Where the adna malik
makes a default in the payment of compensation the amount due may be recovered
in the same manner as an arrear of land revenue.
7. Appeal,
review and revision:
(1)
An appeal shall lie
from-
(a)
any award or order made
by the Collector to the Commissioner ; and
(b)
any order of the
Commissioner, to the Financial Commissioner :
Provided that when an original award or order is
confirmed on first appeal, a further appeal shall not lie.
(2)
The Collector, the
Commissioner or the Financial Commissioner, may, either of his own motion or on
the application of the party interested, review and on such review modify
reverse or confirm any order passed by himself or by any of his predecessors in
office and such power shall be exercised subject to the provisions, as far as
they may be applicable, of section 82 of the Punjab Tenancy Act, 1887 (Punjab
Act XVI of 1887).
(3)
With respect of all
matters dealt with under this Act, the Financial Commissioner shall have the
same power to call for, examine and revise the proceedings of the Collector or
the Commissioner as provided in section 84 of the Punjab Tenancy Act, 1887
(Punjab Act XVI of 1887).
(4)
The period of
limitation for an appeal under this section shall run from the date of the
award or 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.
(5)
In computing the period
for an appeal from an award or order under this Act, the Indian Limitation Act,
1908 (IX of 1908) shall apply.
(6)
For the purposes of
this Act, the Collector, the Commissioner and the Financial Commissioner may,
in so far as may be necessary or expedient to do so exercise all the powers of
a revenue officer or a revenue court as the case may be under the Punjab
Tenancy Act, 1887 (Punjab Act XVI of 1887).
8.
Certain mortgages and charges not enforceable against
land held by adna maliks:
Notwithstanding anything contained in any contract or
in any law for the time being in force, no claim or liability, whether under
any decree or order of a civil court or otherwise, enforceable against an ala
malik for any money which is charged on, or is secured by a mortgage of, any
land held under him by an adna malik shall be enforceable against the land, but
every such claim or liability shall be deemed to be a charge on the
compensation payable to the ala malik in respect of such land.
1[9 Act not to apply to certain evacuee property:
(1)
Nothing in this Act
shall apply to evacuee property as defined in the Administration of Evacuee
Property Act, 1950 (XXXI of 1950).
(2)
Notwithstanding
anything contained in sub-section (1) the provisions of this Act shall subject
to the provisions of sub-section(3) apply to-
(a)
a person on whom, after
the 15th June, 1952, the rights of an adna malik are conferred by
the Central Government under the Displaced Persons (Compensation and
Rehabilitation) Act, 1954 (44 of 1954) ; and
(b)
an adna malik of land
held under an ala malik who is an evacuee as defined in clause (d) of section 2
of the Administration of Evacuee Property Act, 1950 (XXXI of 1950).
(3)
In relation to a person
referred to in sub-section (2) the date of extinguishment of rights of an adna
malik and vesting of full proprietary rights in an adna malik under section 3
and the period for applying to the Collector for the determination of the
amount of compensation under sub-section (1) of section 4, shall,
notwithstanding anything to the contrary contained in this Act or in any
judgement decree or order of any court, be-
(i)
in the case of a person
on whom the rights of an adna malik are conferred by the Central Government
after the commencement of the Punjab Abolition of Ala Malikiyat and Talukdari
Rights (Amendment) Act, 1961 the date on which such rights are conferred, and a
period of twelve months from such date; and
(ii)
in any other case, the
date of commencement of the Punjab Abolition of Ala Malikiyat and Talukdari
Rights (Amendment) Act, 1961 and a period of twelve months from such
commencement.]
(1Substituted by
Punjab Act 21 1961 section 2.)
Save as otherwise expressly provided in this Act,
every award or order made by the Collector Commissioner, or Financial
Commissioner shall be final and no proceedings or order taken or made under
this Act, shall be called in question by any court or before any officer or
authority.
No prosecution, suit or other legal proceeding shall
lie against the State Government or any officer so authorised for anything
which is in good faith done or intended to be done in pursuance of this Act or
of any rules made thereunder.
(1)
The State Government
may, by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2)
In particular, and
without prejudice, to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely-
(a)
the form an manner in
which an application for determination of compensation may be made by the ala
maliks;
(b)
the form of notice and
the manner in which notices may be served under this Act;
(c)
the manner in which
inquiries may be held under this Act;
(d)
the manner in which
compensation may be paid;
(e)
the manner in which
appeals and applications for review and revision may be field;
(f)
any other matter which
has to be, or may be, prescribed.
13. Repeal of
President’s Act IX of 1951:
The Punjab Abolition of Ala Malikiyat and Talukdari
Rigthts Act. 1951 (President’s Act IX of 1951), is hereby repealed but,
notwithstanding such repeal, anything done or any action taken in the exercise
of any power conferred by or under the said Act or the rules thereunder shall
be deemed to have been done or taken in exercise of the powers conferred by or
under Act as if this act was in force on the day on which such thing was done
or action taken.