THE PUNJAB LAND REVENUE ACT, 1887

(ACT NO. 17 OF 1887)

 

CONTENTS

SN

                                  Subject

CHAPTER I

PRELIMINARY

1.       

Title, extent and commencement.

2.       

Repeal

3.       

Definitions

4.       

Exclusion of certain land from operation of Act.

5.       

Power to vary limits and alter number of tahsils, districts, and divisions.

CHAPTER II

REVENUE-OFFICERS

Classes and Powers

6.       

Classes of revenue-officers.

7.       

Financial Commissioners.

8.       

Appointment of Commissioners and of Deputy, Assistant and Extra Assistant Commissioners.

9.       

Appointment of Tahsildars and Naib-Tahsildars.

10.   

Powers of Revenue-officers.

11.   

Superintendence and control of Revenue-officers.

12.   

Power to distribute business and withdraw and transfer cases.

13.   

Appeals

14.   

Limitation for appeals.

15.   

Review by Revenue-officers.

16.   

Power to call for, examine and revise proceedings of Revenue-officers.

17.   

Power to make rules as to procedure.

18.   

Persons by whom appearances and applications may be made before and to Revenue-officers.

19.   

Power of Revenue-officer to summon persons.

20.   

Mode of service of summons.

21.   

Mode of service of notice, order or proclamation or copy thereof.

22.   

Mode of making proclamation.

23.   

Place of sitting.

24.   

Holidays.

25.   

Discharge of duties of Collector dying or being disabled.

26.   

Retention of powers by Revenue-officers on transfer.

27.   

Conferment of powers of Revenue-officers

CHAPTER III

KANUNGOS, ZAILDARS, INAMDARS AND VILLAGE-OFFICERS

28.   

Rules respecting kanungos, zaildars, inamdars and village-officers.

29.   

Village-officers’ cess.

30.   

Restriction on attachment or assignment of remuneration of kanungos and Village-officers.

CHAPTER IV

RECORDS

31.   

Record-of-rights and documents included therein.

32.   

Making of special revision of record-of-rights.

33.   

Annual record.

34.   

Making of that part of the annual record which relates to land-owners, assignees of revenue and occupancy tenants.

35.   

Making of that part of the annual record which relates to other persons.

36.   

Determination of disputes.

37.   

Restrictions on variations of entries in records.

38.   

Mutation fees.

39.   

Penalty for neglect to report acquisition of any right refered to in section 34.

40.   

Obligation to furnish information necessary for the preparation of records.

41.   

Rights of the Government in mines and minerals.

42.   

Presumption as to ownership of forests, quarries and waste lands.

43.   

Compensation for infringement of rights of third parties in exercise of a right of the Government.

44.   

Presumption in favour of entries in records-of-rights and annual records.

45.   

Suit for declaratory decree by person aggrieved by an entry in a record.

46.   

Powers to make rules respecting records and other matters connected therewith.

47.   

Record-of-rights and annual records for groups of estates.

CHAPTER V

ASSESSMENT

48.   

Assessment of land revenue.

48-A 

Basis of assessment.

48-B 

Limit of assessment.

49.   

Notification of intended re-assessment and instruction as to principles of assessment.

50.   

Mode of determining assessment.

51.   

Announcement of assessment.

52.   

Application for  re-consideration of assessment.

53.   

Confirmation and duration of assessment.

53-A. 

Duration of assessment.

54.   

Assessment to remain in force till new assessment takes effect;

55.   

Refusal to be liable for assessment and consequence thereof.

56.   

Distribution of the assessment of an estate over the holdings  comprised therein.

57.   

Application for amendment of the distribution of an assessment.

58.   

Appeals from orders under sections 52 and 57.

59.   

Special Assessment.

60.   

Power to make rules.

60-A. 

Procedure to be followed in making rules.

60- B 

Rules and executive instructions issued before commencement of Punjab Land Revenue  (Amendment) Act, 1928, to be followed for the purpose of Assessment operations begun before issue of rules under the provisions of Section 60-A.

60-C 

Power to issue instructions.

CHAPTER  VI

Collection of Land Revenue

61.   

Security for payment of land revenue.

62.   

Further security for payment of land revenue.

63.   

Orders to regulate payment of land revenue.

64.   

Rules to regulate collection, remission and suspension of land revenue.

65.   

Costs recoverable as part of arrears.

66.   

Certified account to be evidence as to arrears.

67.   

Process for recovery of arrears.

68.   

Writ of demand.

69.   

Arrest and detention of defaulter.

70.   

Distress and sale of moveable property and crops.

71.   

Transfer of holding.

72.   

Attachment of estate or holding.

73.   

Annulment of assessment of estate or holding.

74.   

Proceedings of attachment or annulment of assessment, and consequences of the proclamation.

75.   

Sale of estate or holding.

76.   

Effect of sale on encumbrances.

77.   

Proceedings against other immovable property of defaulter.

78.   

Remedies open to person denying his liability for an arrear.

79.   

Proclamation of sale.

80.   

Indemnity to Revenue-officer with respect to contents of proclamation.

81.   

Publication of proclamation.

82.   

Time and conduct of sale.

83.   

Power to postpone sale.

84.   

Stay of sale.

85.   

Payment of deposit by highest bidder.

86.   

Consequences of failure to pay deposit.

87.   

[Exercise of rights of pre-emption.]  Repealed.

88.   

Time for payment in full.

89.   

Procedure in default of payment.

90.   

Report of sale to Commissioner.

91.   

Application to set aside sale.

92.   

Order confirming or setting aside sale.

93.   

Refund of purchase-money on setting aside of sale.

94.   

Proclamation of sale, possession and certificate to be granted to purchaser.

95.   

On confirmation of sale, possession and certificate to be granted to purchaser.

96.   

Proceeds of sale.

CHAPTER  VII

RECOVERY OF OTHER DEMANDS BY REVENUE –OFFICERS

97.   

Recovery of certain arrears through Revenue-officer instead of by suit.

98.   

Other sums recoverable as arrears of land-revenue.

99.   

Application of Chapter  VI  to sums recoverable under this Chapter.

CHAPTER  VIII

SURVEYS AND BOOUNDARIES

100.          

Power of Financial Commissioner to make rules for demarcation of boundaries  and erection of survey marks.

101.          

Power of Revenue-officers to define boundaries.

101-A 

Power to fix boundaries between riverain estates.

101-B 

Effect of fixing a boundary between riverain estates.

101-C 

Application for immediate transfer of rights reserved under the proviso to sub-section  (1)  of section  101-B,  upon payment of compensation and procedure  thereupon. Award of compensation and extinguishments of rights thereby.

101-D 

Order under proviso to section  101-B  (1)  to cease to apply to rights voluntarily transferred to landowner  of the estate to which land is transferred by fixing boundary.

101-E 

Rights transferred to be liable to all the incidents of tenure of estate to which transfer is made.

101-F

Meaning o expression  “Collector”  in sections  101-A,  101-B  and 101-C.

102.          

Cost of erection and repair of survey marks.

103.          

Recovery of cost incurred by the Government.

104.          

Power of Revenue-offices to enter on land for purposes of survey and demarcation.

105.          

Surveys for purposes of preparation of records.

106.          

Provision of flag-holders and chainmen for those surveys.

107.          

Professional surveys.

108.          

Penalty for destruction, injury or removal of survey marks.

109.          

Report of destruction or removal of or injury to survey marks.

CHAPTER  IX

PARTITION

110.          

Effect of partitions of estates and tenancies on joint liability for  revenue and rent.

111.          

Application for partition.

112.          

Restrictions and limitations on partition.

113.          

Notice of application for partition.

114.          

Addition of parties to application.

115.          

Absolute disallowances of partition.

116.          

Procedure on admission of application.

117.          

Disposal of questions as to title in property to be divided.

118.          

Disposal of other questions.

119.          

Administration of  property excluded from partition.

120.          

Distribution of revenue and rent after partition.

121.          

Instrument of partition.

122.          

*********

123.          

Affirmation of partition privately effected.

124.          

Power to make rules as to costs of partitions.

125.          

Re-distribution of land according to custom.

126.          

Revenue-officers empowered to act under this chapter.

CHAPTER X

ARBITRATION

127.          

Power to refer to arbitration.

128.          

Order of reference and contents thereof.

129.          

Nomination of arbitrators.

130.          

Substitution of arbitrators by parties.

131.          

Nomination and substitution of arbitrators by Revenue-officers.

132.          

Process for appearance before arbitrators.

133.          

Award of arbitrators and presentation thereof.

134.          

Procedure on presentation of award.

135.          

Effect of award.

CHAPTER XI

SPECIAL JURISDICTION WITH RESPECT TO LAND

136.          

Power to invest officers making records-of-rights or general re-assessments with power of Civil Courts.

137.          

Control offer such officers and appeals from and revision of their decrees and orders.

CHAPTER XII

SUPLEMENTAL PROVISIONS

138.          

Power to deposit certain sums other than rent.

139.          

Procedure in case of deposit on account of a payment due to Government.

140.          

Procedure in case of other deposits.

141.          

Orders of Civil and Criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue-officer.

142.          

Attachment of assigned land-revenue.

143.          

Preservation of attached produce.

144.          

Division of produce.

145.          

Village cases.

146.          

Superior land-owner’s dues.

147.          

Substitution of service for payment of land-revenue.

148.          

Recovery of cost of assessing assigned land-revenue.

149.          

Penalty for failure to attend within limits of estate in obedience to order of Revenue-officers.

150.          

Prevention of encroachment on common lands.

151.          

Papers kept by village-officers to be deemed public documents.

152.          

Costs.

153.          

Computation of periods limited for appeals and applications for review.

154.          

Restriction on Revenue-officers bidding at auctions or trading.

155.          

Power to make rules.

156.          

Rules to be made after previous publication.

157.          

Powers exercise able by the Financial Commissioner from time to time.

158.          

Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue-officers.

                                          

 

1[THE PUNJAB LAND REVENUE ACT, 1887.]

(ACT No.17 OF 1887)

                                                                           [23RD September 1887]

 

Year

No.

    Short title

whether repealed or otherwise affected by legislation.

1

2

3

4

1887        

17

The Punjab Land Revenue Act, 1887

Repealed in part, Act 12 of 1891. Repealed in part and amended, Act 17 of 1896

Amended, Punjab Act I of 1899 Repealed in part (in Punjab), Act2 of 1905

Amended, Act 4 of 1907

Amended, Punjab Act 2 of 1912

Amended, Punjab Act 5 of 1912

Amended, Punjab Act 3 of 1914

Repealed in part and amended, Act 4 of 1914, Schedule, Part I

Amended, Act 18 of 1919

Amended, Act 38 of 1920

Amended, Punjab Act 3 of 19282

Amended, Punjab Act 7 of 19293

Amended, Punjab Act 6 of 19344

 

1For Statement of Objects and Reasons, see “Gazette of India”, 1887, Part V, page 12.

2For Statement of Objects and Reasons, see “Punjab Gazette”, 1928, Part V, page 15.

3 For Statement of Objects and Reasons, see “Punjab Gazette”, 1929, Part V, page 80.

4 For Statement of Objects and Reasons, see “Punjab Gazette”, 1934, Extraordinary, p. 101.

 

 

     Year         

No.

    Short title

whether repealed or otherwise affected by legislation.

1

2

3

4

1887

17

The Punjab land Revenue Act,   1887

Amended, in part, Government of India (Adaptation of Indian Laws) order, 1937

Repealed in part by Central Act 1 of 1938          

Amended in part, by the Adaptation of Laws Order, 1950

Amended, in part by Punjab Act13 of 19521

Amended, in part, by Punjab Act 45 of 19532

Amended, by Punjab Act 5 of 19563

 

 

 

Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act 23 of 19574

 

 

 

Amended by Punjab Act 9 of 19585

Amended by Punjab Act 26 of 19586

Amended by Punjab Act 16 of 19637

Amended by Punjab Act 27 of 19648

Amended by Punjab Act 5 of 19669

Amended by Punjab Act 1 of 196810

Amended by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968

Amended by Punjab Act 10 of 196911

 

1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1952, page 482.

2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1953, page 1610.

3For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1956, page 430.

4For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957, page 694.

5For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 328.

6For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1963, page 376.

7For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1536.

8For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, page 888.

9For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1966, page 244.

10For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1967, page 887.

11For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969, page 1048.

 

 

ACT NO.  17 OF  1887

[THE PUNJAB LAND REVENUE ACT, 1887]

An Act to Amend and Declare the Land Revenue Law of the Punjab

 

           Where it is expedient to amend and declare the law in force in the Punjab with respect to the making and maintenance of records-of rights in land, the assessment and collection of land-revenue and other matters relating to land and the liabilities incident thereto, it is hereby enacted as follows : -

                                          

CHAPTER I

PRELIMINARY

 

1.        Title, extent and commencement: -  (1) This Act may be called the Punjab Land Revenue Act,  1887.

(2)  It extends to the territories  2*  *  *  administered by the  3[State Government] of Punjab  [ *  *  *  *  *  *  * ] 4 , but not so as to affect  otherwise than as  expressly provided by this Act , any Regulation in force  under the provisions of the Statute 33, Victoria Chapter 3, Section 1, in any portion of those territories, and

(3)  5It shall come into force on such day as the  3[State Government] with the previous sanction of the  6[Central Government], may by notification appoint in this behalf.

 

XII  OF  1891 : -

(4)  [Repealed by the Repealing and Amending Act,  1891, section 2 and Schedule]

 

1Extended to the territories which immediately before the 1st  November,  1956, were comprised  in the State of Patiala and East Punjab States Union by the Punjab Act 23 of 1957.

2The words “for the time being” were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

3Substituted by the Government if India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.

4The words “including the paragana of Spiti” omitted by Punjab adaptation of Laws (State and Concurrent Subjects) Order, 1966. 

5The Act came into force on 1st November, 1887, see Notification No. 727 “Punjab Gazette”, 3rd November, 1887, Part I, p. 573.

6Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of India Laws) Order, 1937.

 

2.        Repeal: - [Repealed by the Repealing Act, 1938, section 2 and Schedule].

 

3.        Definition: - In this Act, unless there is something repugnant in the subject or context;

(1)   “estate” means any area—

(a)            for which a separate record-of-rights has been made; or

(b) which has been separately assessed to land revenue, or would have been so assessed if the land-revenue had not been released, compounded for or redeemed; or

(c) which the 1[State Government] may, by general rule or special order, declare to be an estate;

 

(2) “land-owner” does not include a tenant or an assignee of land-revenue, but does not include a person to whom a holding  has been transferred, or an estate or holding has been let in farm, under this Act for the recovery of an arrear  of land-revenue or of a sum recoverable  as such an arrear and every other person not hereinbefore in this clause mentioned  who is in possession of an estate or any share or portion thereof , or in the enjoyment of any part of the profits of an estate;

 

           (3) “holding” means a share or portion of an estate  held by the land-owner or jointly by two or more land-owners.

XVII  of  1887 : -

 

(4)  “rent”, “tenant”, “landlord” and “tenancy” have the meanings respectively assigned to those words in the Punjab Tenancy Act,  1887:

          

(5)  “pay” with its grammatical variations and cognate expressions includes when used with reference  to rent. “deliver” and  “render” with their grammatical variations and cognate expressions;

 

1Substituted for the words  “Local Government” by the Government of India

(Adaptation of Indian Laws ) Order, 1937, and the Adaptation of Laws Order, 1950.

          

(6)  “land-revenue “ includes assigned  land-revenue and any sum payable in respect of land, by way of quit-rent or of commutation for service, to the  1[Government] or to a person to whom the  1[Government] has assigned the right to receive the payment;

           (7)  “ arrear of land-revenue” means land-revenue which remains unpaid after the date on which it becomes payable;

           (8)  “defaulter” means a person liable for an arrear of land-revenue, and includes a person who is responsible as surety for the payment of the arrear;

           (9) “rates and cesses” means rates and cesses which are primarily payable by land-owners;  and includes : -

XII  of 1873  : -

           [(a)      Repealed by the Repealing and Amending Act, 1891; ]

(b)       the local rate, if any, payable under the Punjab District Boards Act, 1883, and any fee leviable under section 33 of that Act from land-owners for the use of or benefits derived from such works as are refered to in section 20, clauses (i) and (j), of that Act;

VIII  of 1873 : -

(c)       any annual rate chargeable  on owners of land under section  59 of the Northern India  Canal  and Drainage Act,  18732 ;

           (d)       the  [  *  *  *  ]3 village-officers cesses; and

           (e)       sums payable  on account of village expenses.

 

           (10)  “ village-cess” includes any cess, contribution or due which is customarily leviable within an estate and is neither  a payment for the use of private property or for personal service nor imposed by or under any enactment for the time being in force;

 

1Substituted for the word  “Crown” by the Adaptation of Laws Order, 1950.

2 This must not be confounded with owner’s rate imposed under section 37 of Act 8 of  1873.

3The words  “Zaildari and” omitted by Punjab Act 27 of  1964 section 2.

          

(11) “village-officer” means a chief-headman, or patwari;

           (12) “Revenue-officer” having authority under this Act to discharge the functions of a Revenue-officer under that provision;

 

XVIII  of 1879 : -

           (13)  “legal practitioner” means any legal practitioner within the meaning of the Legal Practitioners Act, 1879, except a mukhtar;

           (14) “agricultural year” means the year commencing  on the sixteenth day of June, or on such other  date as the  1[State Government] may by notification appoint for any local  area;

           (15) “notification” means a notification published by authority of 1[State Government] in the official Gazette;

           (16) “incumbrance” means a charge upon or claim against land arising out of a private grant or contract;

           (17) “survey-mark” includes boundary-mark; and

2[(18) “Net-assets” of an estate or group of estates means the estimated average annual surplus produce of such estate or group of estates remaining after deduction of the ordinary expenses of cultivation as ascertained or estimated.

           Explanation- Ordinary Expenses of cultivation include payments, if any, which the landowner customarily bears whether in kind or in cash either in whole or in part in respect of-

           (1) water rates,

           (2) maintenance of means of irrigation,

           (3) maintenance of embankments,

 

1Substituted for the words “Local Government” by Government of India (Adaptation of Indian Laws) Order, and the Adaptation of Laws Order, 1950.

2Inserted by Punjab Act 3 of 1928.

 

          

(4) supply of seed,

           (5) supply of manure,

           (6) improved implements of husbandry,

           (7) concessions with regard to fodder,

           (8) special abatements made for fallows or bad harvests,

           (9) cost of collection of rent,

           (10) allowance for storage in collection of rent,

 

(11) interest charges payable in respect of advances made in cash, free of interest, to tenants for the purposes of cultivation,

 

(12) wages or customary dues paid to artisans or menials whose products or labour are utilized for the purposes of cultivation and harvesting, and the share that would be retainable by a tenant if the land were let to a non-occupancy tenant paying rent, whether in cash or in kind, at the normal rate actually prevalent in the estate or group of estates.]

 

1[(18-A) “net letting value” of a site put to non-agricultural use means the estimated annual rent of the site remaining after deduction of--

(i)        fair remuneration for the capital invested in building or machinery or both after deducting the deprecation on their value;

           (ii)       house-tax, property-tax; and

(iii)      maintenance charges not exceeding one month’s gross rent, as ascertained or estimated in the manner prescribed.

 

Explanation: - where no reliable data regarding the cost of building and machinery on a site is forthcoming or is otherwise not available valuation and deprecation shall be based on the standards of the Public Works Department of Punjab State.]

 

1New clause (18-A), inserted by Punjab Act 9 of 1953, section 3.

 

           1[ (19)  “Assessment Circle” means a group of estates which in the opinion of the Financial Commissioner; the recorded in an order in writing , are sufficiently homogeneous to admit of a common set of rates being used as a general guide in calculating the land revenue to be assessed upon them.]

 

 

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