1938 : Pb. Act IV.] RESTITUTION OF MORTGAGED 27
LANDS
'THE PUNJAB RESTITUTION OF MORTGAGED ' LANDS ACT, 1838.
PUNJAB ACT NO. IV OF 1938,
[Received the assent of His Excellency the Governor on the 1st September, 1938, and was first published in the Punjab Gazette, Extraordinary, of the 6th September,
1938.]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
938 .. IV | The Punjab Resti- Amended by Punjab Act I of 19432 tution of Mortgag-
ed Lands Act, 1938 | Amended by the Indian Independence (Adaptation of Bengal and Punjab
Acts) Order, 1948 (G. G. O. 40)
Amended by the Adaptation of Laws
Order, 1950
Extcnded (o the territories which,imme-,
diately before the 1st November, 1956,
were, comprised in the State of Patjala:
and East Punjab States Union, by
Punjab Act No.'18 of 1953.3 )
Amended by the Punjab Reorganisation
(Chandigarh) (Adaptation of Laws
on State and concurrent subjects)
Order, 1968
An act to provide for the restitution of lands on which :ln 9l';llortgage subsists, which was effected prior to 8th June, Whereas it is expedient to provide for the restitution of certain mortgaged lands in the manner hereinafter ap- pearing, it is enacted as follows:— r
1. (1) This Act shall be called the Punjab Restitu- Shorttitle extent and commence=
Preamble,
tion of Mortgaged Lands Act, 1938. . ment.
QO fililll apply to {[Union Territory of Chandi-
garh.
1Ror Statement of Objects and Reasons, see Punjab Government C_v'aze"e' (Extraordinary), 1938, page 89 ; for the Select Committee's report see ibid, 1938 Part V, pages 151—161 ; and for proceedings in Assembly, see Punjab Legislative Assembly Debates, Volume V, pages 114—157, 585—590, 904—940, 1336—1405, 1416—1463, and 1493—1519. )
#For Statement of Objects and Reasons, see Punjab Government Gazette, Part I' 1942, page 1421 ; and for proceedings in Assembly, see Punjab Legislative Assembly Debates, Volume XXI, pages 617-18.
"For Statesment of Qbjects and Reasons, see Punjab Government Gazette (Ex- rtasordinany), 1958, Pages 546 K—5461L. . '
"Substituted for the word "Punjab" by the Punjab Re-organisation (Chandigarh) daptation of Laws on State and. Concurrent Subjects) Order 1968. . -
1
Application of Actto subsisting mortgages effect- ed priorto 8th June, 1901.
Definitions. : AGED 1938: Pb. A 28 RESTITUTION OF MOlg&D . v, | come into force on such date} i Bn zslggntral Government] may by "°f1ficati0§ irect. . .
. . : d in a
. Notwithstanding anything containe ny e, actmint for the time being in force, this ,?lct shall apply to any subsisting mortagages of land, whicl were effecteq prior to 8th June, 1901, ¥in the territories which, im. medjately befoie the 1st Novmber, 1956, were co D- rised in the State of Punjaband priorto 17th Febxuary, 1915, in the territories which immediately, before the Ist November, 1956, were comprised in the State of Patiala aud East Punjab States Union.] )
Iz!:}plmxian.—A mortgage sfi'a]l be deemed to subsist notwithdtanding a decree or order for its redemption having been passed provided redemption has Dot taken place before the commencement of this Act, Y[or in thecase of a mortgage m.flu territories which, immediately before the 1st November, 1956, Were comprised in the State of Patiala and East punjab States Unjon, before the date on whijch this Act extended to those territories.]
3. (1) The expression "land" means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for pur- poses subservient to agriculture or for pasture, and includes—
(a) the sites of buildings and other structures on such land;
(b) asharein the profits of an estate or holding; (c) any dues or any fixed percentage of the land revenue payable by an inferior land-owner to 2 superior land-owner;
(d) aright toreceive rent; : (¢) any right to water enjoyed by the owner or occupier of land as such; ' : (f) any right of occupancy; and (2)(51)'h2u trees standing on such land. ¢ expression "Collector" means the Collector of the district in which the morgtaged property of any shall include an Assistant
*[Central Government to perf tor for the purposes ]of tph.is (thl.t
Substituted for the words "Stafe Gamir———— tion i 4 9 Government" p, i a- 166 (Chandigarh) (Adaptation of Laws on State and Conbe Pn:'m;'!:bjgtfo;w"
- *This Act came into force on 15th M cationtion No. 2653-R, dated 136, Man 15939, vide. Punjab Governmment Nolifi s 1939, gt o
2
1938. Pb. Act IV.] RESTITUTION OB MORTGAGED LANDS 29 '[(2a) The expression '"'Commissioner" means the Commissioner of the division in which -the mortgaged pro- perty or any part thereof is situated, and shall include any officer specially empoweredby the §[Central Government] to perform the duties of a Commissioner for the purposes of this Act.] 5
ar
(3) "Prescribed" means prescribed by rules made under this Act. '
(4) "Mortgagor" or '"mortgagee" respectively shall include the assignee and the representative-in-interest of such "mortgagor" or "mortgagee" as the case may be.
4. A mortgagor to whose land the provisions of this Petition for res- Act apply, may at any time present a petition to the Col- fitution. lector praying for restitution of possession of the land mortgaged. The petition shall be duly verified in the manner prescribed for such petitions.
S. On receipt of such petition the Collector, after Procedure for deal- such enquiries as may be prescribed , shall record an order 2% Testitation. " in writing with reasons stating whether the mortgage in question is one to which this Act applies.
- 6. If the Collector finds that the mortgage is one to Pefition when to
which this Act does not apply , he shall dismiss the petition. ismissed.
.7.. (1) If the Collector finds that the mortgage is one power of Collector
to which this Act applies he shall, notwithstanding any- to g (Jeclare
thing contained in any other enactment for the time being amerr o fovour
in force in cases where he finds that the value of the benefits oof (morteagor
enjoyed by the mortgagee, while in possession, equal or "pencationte"
exceed twice the amount of the principal sum originally mortgagee in B .. certain cases. advanced under the mortgage, order in writing— . A e (a; that the mortgage be extinguished ; and
(b) where the mortgagee is still in possession, that the mortgagor be put into possession of the mortgaged land as against the mortgagee and that the title deeds, if any, be restored to the mortgagor. . .
nserted by Punjab Act 1 of 1943, section 2. - .. *Substituted for the words "'State Government" by the Punjab 'Re-orgamsa- .1"9%% (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order,
3
OF MORTGAGED
1938: Pb. Act Iv,]
LANDS
ich this Act applies, the Cgy e]su;(:)fwt}llie benefits enjoyed by the moi(t::
. ion i han twice the amoy gagee while " pos s::isgl?nr;;lsylzidsvgnced and some Payxlxlfegf 1[:1 2tifirg:$%g tlie mortgagee accordél}gl_go vgfil ;ergi ((i)f the rilortgage the Collector shall, by ordr other éna tIIOt~ withstanding anything contained in aflyh land bo Ctmeng for the time being in force direct that the iied res{)?red to the mortgagor and he be put into p%sseth s1t1 ject, however, to the payment of compensation yt h e H}Ofi gagor to the r;wrtgagee at rates not exceeding the fo Owing scale:—
" (i) thi imes the land revenue assessed on the & tl;;r;g attlrtlfies time when it was mortgaged if the mortgagee has been in possession for a period exceeding thirty years but not exceeding forty years;
(if) fifteen times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding forty years but not exceeding fifty years; (#ii) five times the land revenue assessed on the land at the time when it was mortgaged if the mortgagee has been in possession for a period exceeding fifty years, Explanation.—The Collector shall for_the burposes of this sectjon compute the period of possession from the date on which the mortgagee entered into possession to the date of the presentation of the petition under section 4.
"o Teiston 8. Ifthe Collector finds that any sum s dye to the Honts peyaie of wgagee by way of compensation under sub-section (2) tion is payable. of sect;ol} 7, he shall requir the mortgagor to d posit the
30 RESTITUTION
(2) If incas tor finds that, the va i uire the eliver possession of the land tq ! mortgagee to d the mort ith all documents of title relating to. theg?ggg'together wi Pé';fié:a&f the 9. "l;he Collector m,
4
i | p 1938: Pb. Act IV.] RESTITUTION oF MORTGAGED 31 LANDS [10. Anappeal shalllie froman original ora order made under this Act, as follows, namely ;— ppellate Appea.
(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.} 7[10-A. 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.]
11. (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 Commis- sioner—Ninety days.. :
(2) In computing the period of limitation for an ap- peal 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 Limita- tion Act shall apply to all appeals under this Act. *Substituted for the old section by Punjab Act I of 1943, section 3. 2Added by ibid, section 4,
Revision.
Limitation of
appeal.
5
jortaAGED 1938: Pb. Acty, LANDS TR - ) ave. jurisdiction to g . Jurisdiction of .°12,- No - civil court shall h'ght under a mortga e»er
32 RESTITUTION OF
e im any ti 5age de. MR i ol oo R o 3?1?31:;, of any proceedings under ] b
. rnment] may, subject o in . (1) The ![Central Govern may, su R o A the gndi(tiln of previous publication, ma for the purpose of giving effect to the provisions of this Act, i i judice to the gepe. In particular and without preju ralitfi))f t]?e?gregoing power the l[Centga! Govell;nmtgxfi] Sl}all make rules regulating or determining the fo owing matters, namely:—
a) the presentation and verification of petitions @ undgr section 4 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 ac- cruing to the mortgagee while in possession; (@) the procedure for making the deposit pre- scribed by section § of this Act; and
(¢) the procedure for enforcing ej ) g ejectment of the mortgagee anq delivery of pc')]ssession to the mortgagor under section 9 of thig Act. D Substituted for the wordg "State vernmg
; t
Go 5 ; isati
(Chandigarh) (Adaptation of Laws on Stateand flm&i%&fl% %figanlgggf'"
6
}f 1938: Pb. Act IX] DEBTORS' PROTECTION 33 ] THE PUNJAB DEBTOR'S PROTECTION § (AMENDMENT) ACT, 1938.
PUNJAB ACT NO. IX OF 1938.
i [lReceived the assent of his Excellency the Governor i General on the 24th December, 1938, and was first publish- ! ed in the Punjab Gazette, Extraordinary, of the 12th January, 1939 ].
An Act to amend the Punjab Debtors' Protection Act, 1936.
WHEREAS it is expendient to amend the Punjab Debtors' Protection Act, 1936, for the purpose hereinafter appear- ing ; It is. hereby enacted as follows:—
1. This Act may be called the Punjab Debtors' Protec- sport titie. tion (Amendment) Act, 1938.
2. 1% * # * %
3. Ifanycourt hasappointed areceiver of property of Existing Receir which a receiver could not be appointed after the provisions Y™ of this Act come into force, such appointment shall termin- ate on the expiration of six months from the date on which this Act comes into force, unless terminated earlier by the Court, which made the appointment.
1Section 2 amends ActII of 1936. That amendment has been effected in Act II of 1936 and for that reason section 2 has not been reproduced here .
7