PUNJAB GOVT GAZ. (EXTRA.), APRIL 26, 2011
(VYSK06, 1933 SAKA)
DEPARTMENTOF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
PART-I
Notification
No. 19-Leg./2011.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 20th April, 2011 and is hereby published for general information :
THE PUNJAB LAND REVENUE (AMENDMENT) ACT, 2011
(Punjab Act No. 15 of 2011)
The 26th April, 2011
further to amend the Punjab Land Revenue Act, 1887.
"(iüi)
AN
(iv)
ACT
BE it enacted by the Legislature of the State of Punjab in the Sixty second Year of the Republic of India as follows
47
1. () This Act may be called the Punjab Land Revenue Short title and (Amendment) Act, 2011.
(2) It shall come into force at once.
2. In the Punjab Land Revenue Act, 1887 (hereinafter referred to Amendment in as the principal Act), in section 13, in clause (e), in item (i), at the end, for ction ls o Punjab Act XVII the sign ", the sign c4. shall be substituted, and thereafter, the following of 1887 Power to call
for, examine
and revise
proceedings of
Revenue Officers.
no authority, except the first appellate authority, shall
remand the case to the lower authority to decide the case
afresh ; and
no appeal shall lie against any interim order passed by a
Revenue Officer under this Act.
Note.-The provisions of items (ii) and (iv) shall not be applicable
to the authorities mentioned under section 16 of this Act.".
3. In the principal Act, for section l6, the following section shall be substituted, namely :
"16. (1) A Commissioner may call for the record of any case pending before, or disposed of by any Revenue Officer under his control and pass such orders, as he thinks fit.
commcncement.
Substitution of
section 16 of
Punjab Act XVII
of 1887.
items shall be added, namely :
PUNJ GAZ. (EXTRA.), APRIL 26 2011 47
(VYSK 1 SAKA)
T-I
DEPA T LEGISL TI E AFFAIRS,
Notificati n
T pril,
No. 19-Leg./2011.—The following Act o the Legislature the State o Punjab received the assent o the Governor Punjab the 20th April, 201 and is h bl eral n o ation —
NJ B R (AMENDMENT) T,
(Punjab Act No. ) fur r h nj e e ue 7. it ct b h egislature h t t nj n h Sixty- second Year of the Republic of India as fo ows :—
1. (I) This Act may be called the Punjab evenue Short title (Amendment) Act, 2011. commencement
(2) 1t shall e into force at once.
. nj evenue Act, reinafter Shame as the principal Act), in section 13, in clause (c), in item (ii), at the end, for Pah F
".", g ";" all bsti t d, r after, low items shall be added, namely :—
"(iii) no authority, except the first appellate authority, shall a d er thority ci e
;
(iv) eal shall ainst m er Revenue Officer ct. Note.—The provisions of items (iii) al t pli able thorities enti ned der t of is Act."
Lo. : ing section shall Substitution 3. n rincipal ct, for ection 16, he lowing sec an 2 bstituted, el — Ranges n XVII
"16. (1) A Commissioner may call for r wer l case pending before, or s d o for, examine evenue f icer der i ntrol ss and revise such rders, s s t. ceedings
e f i
1
PUNJAB GOVT GAZ. (EXTRA.), APRIL 26, 2011
(VYSK 06, 1933 SAKA)
48
(2) A Collector may also call for the record of any case pending before, or disposed of by any Revenue Officer under his control, and if he is of the opinion that the proceedings taken or order made, should be modified or reversed, he shall report the case with his opinion thereon for the orders of the Commissioner whose decision shall be final :
Provided that he shall not pass an order reversing or modifying any proceeding or order of a subordinate Revenue Officer, and affecting any question of right between private persons without giving them an opportunity of being heard.".
4. In the principal Act, in section 20, after sub-section (5), the following Amendment sub-section shall be added, namely :
"(6) If it is not possible to serve summons in accordance with any of the modes, as provided in sub-sections (1), (2), (3),
(4) and (5), then,
(a) summons may be sent by the Revenue Officer by whon it is issued whether within or out of the State by post or by courier service, as approved by the High Court of Punjab and Haryana or by fax message or by Electronic Mail Service or by any other means, as may be provided in the rules made by the High Court;
(b) where the person is confined in prison, the summons may be delivered by post or may be sent by courier service, as approved by the High Court or by fax message or by Electronic Mail Service or by any other means, as may be provided in the rules made by the High Court to the officer-incharge of the prison for service to the person ;
(c) where the person resides out of India and hasno agernt in India, empowered to accept service, the summons may be addressed to the person at the place, where he is residing or may be sent to him by post or by courier service, as approved by the High Court or by fax message or by Electronic Mail Service
or by any other means, as may be provided in the
rules made by the High Court, if there is postal communication between such place and the place, where the Court is situated; and
in section 20
of Punjab
of 1887.
PUNJAB GOVT GAZ. (EXTR ) APR L 26, 20 1 48
(VYSK 06, 19 3 SAK
2) A Collector may also ca l for the record of any case pending before, or disposed of by any Revenu O ice under his control, and if he is of the opinion that the proceedings taken or order made, should be modified or reversed, he shall repo the case with his opinion thereon for the orders of the C mis i erwhose decision sha be final :
Provided that he shall no pass an orde reve s n or modifving any proceeding or order of a subordinate Revenue Off r, and
affecting any question of right between private persons w h
giving them an opportunity of being heard."
4. In the principal Act, in section 20, after su t (3 sub-section shall be added, namely :— the fo low
~~ (6) If it is not possible to serve sum ons in a e with any of the modes, as provided in sub- cti ns (1 (2 (3
(4) and (5), then,— (a)
)
(c) summons may be sent by the Reve e f i er by whom it is issued whether it i t h State by post or by courier service, a ed the High Court of Punjab and Har ana o es age l ctr nic Mail r i
eans, a provided a
by the Hi Court ;
here r nfi ed ri n, ons
a el red ost r a t urier
service, as r ved i h ourt r
message or by lectronic Mail ervice r other means, as ay e r vided i l s ade by the High ourt t t ffi er-i charge f the pri n f r service t t e pers n ; where the person resides out of India and has no agent in India, e powered t accept service, the s mons may be addres ed to t e person at the place, where he is residing or may be sent to hi by post or by courier service, as approved by the High Court or by fax mes age or by Electronic Mail Service or by any other means, as may be provided in the rules made by the High Court, if there is postal com unication betwe n such place and the place, where the Court is situated ; and
Amendment
in section 20
o P ab
Act XVII
of 1887
2
PUNJAB GOVT GAZ. (EXTRA.), APRIL 26, 2011 49
(VYSK 06, 1933 SAKA)
(d) where the Central Government., by notification in the Official Gazette, has declared in respect of any foreign country that summons should be served on the persons actually and voluntarily residing or carrying business or personally working for gain in that foreign country through an officer of the Government of foreign country, as specified by the Central Government, the summons may be sent to such officer, through the Ministry of Govermment of India dealing with foreign affairs or in such other manner, as may be specified by the Central Government, and if such officer returns any such summons with an endorsement purporting to have been made by him that the summons have been served on the persons,
5. In the principal Act, for section 111, the following section shall be Substitution of substituted, namely :
111. Any joint owner of land, or any joint tenant of a tenancy in Application which a right of occupancy subsists, may apply to a for partition. Revenue Officer for partition of his share in the land or tenancy, as the case may be, with the proposed plan of partition indicating the quality and location of the land in question alongwith the reasons for partition and copy of the latest jamabandi,if,
(a) on the date of application, the share is recorded under Chapter IV as belonging to him ; or
(b) his right to the share has been established by a decree which is still subsisting at that date ; or
(c) a written acknowledgement of that right has been executed
by all persons interested in the admission or denial thereof.".
6. In the principal Act, in section 113, for clauses (a) and (b), the
following clauses shall be substituted, namely-
"(a) cause notice of the application and of the day so fixed to be
served on such of the recorded co-shares, as have not joined
in the application to submit their replies and plansof partition
with cogent reasons, and, if the share for which partition is
applied for, is a share in a tenancy, on the landlord also ; and
(b) if he thinks fit, cause the notice to be served on any other
person whom he may deem to be directlyor indirectly interested
in the application to submit their replies and plans of partition
with cogent reasons.".
section 111 of
Punjab Act XVII
of 1887.
Amendment in
section 113 of
Punjab Act XVI
of 1887
such service shall be deemed as evidence of service.".
PUNJAB OVT GAZ. ( XTRA.), APRIL 26,2011 49
( SK 06, 1933 KA)
(d) where t e Central Government, by notification in the Official Gazette, has declared in respect of any foreign country that summons should be served on the persons actually and voluntarily residing or carrying business or personally orking for gain in that foreign country through an officer of the Government of foreign country, as specified by the Central overnment, mons ay e nt t
officer, through the Ministry of Government of India dealing with foreign affairs or in such other manner, as may be specified by the Central Government, and h ffi er t rns any such summons with an dorsement purporting to have been made by him at mons have been served on the persons, al of service.".
. In e principal Act, for section 111, the following section sh all be Substitution of
section 111 of
bstituted, ely —
zone 101
unja ct
"11 n i t ner of land, or any joint tenant of a tenancy in
LAL
p lication hi t f occupancy subsists, may apply to a
for partition. evenue f icer artit n his share in the land or
tenancy, as the case a , i h s an of partition
indicating the quality t o an n esti on alongwith the
s rt he latest amabandi, if,
—
(a) h pli ati n, h s e
Chapter V i o m ; or ( ) ig o h
hed y a decree which is still su si n a h ; o r
c rit a k l gement o h t ig t
a p s n e in h a issi o d i l f".
Lo. : . lauses (a) and (b), the Amendment in
6 In he p n Act in se io 1 , fo clauses (a (b)
fo low c au sh l s sti t d, el :— Punjab Act XVII
" ca n h a l t an o the d so fixed to p °F 18 serve on suc o the reco d c res, as h n oined
in the ap l to sub i th r rep ies and plans of partition w h co rea s, an if
the sh fo w p ion
1s
ap e fo is a sh in a te na , on the lan also ;
and
i i
i he
r
b) if he th nk fit, cau th e n c to served on any ot
" Sonw om he m d eem to be d re ly or ind ct ly interested
in the ap to sub
i their replies and plans of partition
with cogent rea o
"
3
PUNJAB GOVT GAZ. (EXTRA.), APRIL 26, 2011
(VYSK O6, 1933 SAKA)
7. In the principal Act, section 1 14 shall be omitted.
8. In the principal Act, for section l15, the following sections shali be Substitutiton of substituted, namely :
Absolute
disallowance
of partition.
"115. Afer examining such of the co-sharers and other persons, as of 1887
50
conciliation. application is nade for the partition of common path, common water-course or such like place, used for common purposes. may be present on that day, the Revenue Officer may, 115-A. () Where it appears to the Revenue Officer that a settlement Settlement of may be acceptable to both the parties to the partition. disputes by he shall formulate the terms of settlement and submit the same to th parties for their suggestions. A fter receiving their objections or suggestions, the Revenue Officer:, shal! re-formulate the terms of settlement, possible in the prevailing situation, and referthe sarne for conciliation with the intervention of the elders where the
property is situated ; and if the seitiement is agreed upon by both the parties through a written deed. the Revenue Officer shall
pass an order in accordance with such deed. The
orders so made by
the Revenue Officer shal! be final, and a partition deed shall be issued
disallow the partition in those cases only where
(2) If no settlement is reached under sub-section (), the
Revenue Officer shall within a period of four months after the dateof
making reference for conciliation, but not later than six months fromthe
date of initiation of conciliatory proceedings, pass such order on merits,
as he may deem appropriate ir the
circumsiances ofthe case after heariag the parties.".
other
questions.
*118. () When there is a
question as to the property to be
divided,
Disposa! of or the mode of making a
partition, the Revenue Officer
shall, after such inguiry, as he deems necessary, record
9. In the principal Act, for section |18, for following section shall be Substitution of
substituted, namely
an order statinghis
decision on the question and the reasons for the
decision.
Omission of
section li4 of
Punjab Act XVII
of 1887
(2) No appeal shall lie against the decision referred to insub
section (). GOBINDER SINGH, section 115 of
Punjab Act XVIl
Secretary to Government of Punjab,
Department of Legal and Legislative A ffairs.
section I18 of
Punjab Act XVII
of IS87
accordingly.
PUNJAB Z. E TRA.), I 50
(VYS 06, )
7. Int l ct, o l it d.
8. In the principal Act. for section 115, the following sections shali be substituted, namely :—
11 pr I i S. After examining such of the co-sharers and other persons, as disallowance a ent t , h e ue f icer ay,
of partition. a low h r ion n h her
application is nade for the partition of common path, common water-course or such like place, used for m on purposes.
. (I) her it ears h e f i r h lement AEN of e ptable to h rt s o h arti n, conciliation. he shall formulate the terms of settlement i the me to the parties for their gestions. ft i objections or gestions, the e e f i , ll o ulate h terms of lement, ssi le in the ail g u t n, h m iation i h h n ervention h d s he h
y is tuated ; h wiieme
h i h ou rit . h e f i er all
n i . a
ff all al, rt o al
ssu
accordingly.
c tlem er o 7
),
evenue f i er al it i a r r onths r t
aki e nciliation, t t r onths rom
t i n nciliatory ceedi ngs, er Git erits, as he a propriate in c siances h r ari
the parties.".
9. n r cipal ct, r sed
substituted, namely —
" 18. (1 he is est
tion 11 owi g t al r pert d i ed, i artiti n, evenue f icer
isposal o or the ode other shall, after ch quiry. as s eces ary, r oedar ing i i
question the reasons for the on.
) o peal al
lie
t 1).
ainst ecisi n r rr
d -
GOBINDER SI ,
ecretary 10 Gove rnment f unjab
,
epartment f L al | egislative Af airs. i ion of
ection 1i4 of
I
7
Substitution of ion 1
j II
of 1887
ubstitution of section 118 of unj ct VI
f 18
4