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8. Power of State Government to call for proceedings.
9. ~ f f i c < c f onher laws. r
10. Bar lo suits and proceedings.
11. Power to make rules.
THE PUT4YAB RESUMPTION OF JAGIRS ACT, 1657
(Punjab Act Ncl. 39 of 1957)'
[Received the assent of t:ie President 011 the 7th November, 1°57, and
was pubIished in the Punjab Gazette, Extra., dated the 14th November. 9571. Amended, repealed or otlicrwise aKectcd by,-
(i) Punjab Act No. 28 or !95Y2, publishsd in Punjab Gazette, Extra.. dated the 28th October, 1958.
(ii) Punjab Act No. 33 of i95g3, pub!i?-.ed ia Punjab Gazette, Extra., datedthy18th Augurt, 1959.
(iii) Pcnjab Act Nc. I I of 1960J, publi$;hcd in Punjab Gaz-;ttc.. Extra., dated the 19th February, 1960.
(iv) Punjab Act No. 9 of 19615, published in Punjab Gazette (Extra.), dated the 28th March, 1961.
(v) A.O. 1968, published in R.H.P, dated the 1st F;bruary, 1369, p. 158-.161.
(vi) A.O. 1573, published ir? R .H.P, Ex;ra. tlated the 20th .lanbi, .j, 1973, p. 91-112.
An Act to provide for the resumption of 3agirs and for pay?.%n-f compensation therefor.
1 . For Staterilent of Objects and Reamns, see h i j a b Gzzette, Extra., detec the ;Otb ?uns, 1957. The Act is in fox- o ~ l y r, merged aress b~ v1rtr.e of sec 88 of the P, qjab Re- organisation Act, 1966.
2. F ~ : q c r + td~ . i -~ . .~~~ t -a,d.- o'C:i;-:;fs 2nd ? : : - ~ s c . n ; ~ x p ,Ru~?jit, Sazel:e, Extra., daxed the LO!:, September: !:'?B.
3 . For Statecler!! of Objects and .'Qc,jrons, src ? i 1 1 i j l ! 7 Sazette, Extra., ri-itec! !"%?,Qih June, i953. Th;r Act shail bedeeme;? i- hrve cone i n h i 'vc5on thc 24ih day of PJove:-,her.
1957.
4. For Statement of Objects Decenber, 1959.
Reasons, dated l"c ?
5. For Statement of Object? and Reasons, sc. ?,:r,jdi- Gazette, Extra., dated if + October, 1960. The Act shall be deemed to have come Into force on the !4th , , November, 1957.
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BE it-enacted by the Legislature of State of Punjab in the Eighth year of tihe Republic of India as follows :-
1. Short title, extent and commencement.-(1) This Act may be called the Punjab Resumption of Jagirs Act, 1957.
(2) I t extends to l[the territories specified in sub-section ( I ) of section 5 of the Punjab Reorganisation Act, 19661.
(3) It shall come into force at once.
2. Definitions.-In this Act, unless the context otherwise requires-
(I) "Jagirs" means-
(a) any assignment of 1 rntl r,:vcnue 210r remission] thereof by way of muafi made by or on behalf of the 3[State Government] ; or
(c) any grant of money made or continued 1)y or on behalf of the 3[State Governm~nt] u h ~ c h purports to bc or is expressed t o be payablz out of the land revenue ;
( d ) atry grant of 6[money (not being payable out of the revenues of the Central Government)] including anything payable on the part of the S[Str?tt: Government] in rcspcct of any right, privilege, perquisite or office : and
( e ) @[includes, notwithstanding anyt l l i~~g contained in sub-clause (ii),
any such grant or assignment exi\ting in favour of Cis- Sutlej jagirdars or a Bedi or Sodhi penalon or a jagir pension (pension to destitute dependents of deceasLrl jagirdars) refer- red to in paragraph J of thc Finenci~l Comrnissionrr's Stend- ing Order No. 7 '[or a hcrcditary paruaresb or pei~sion in
1 . Subs. for "the whole of the State of Punjab" by A.O. 1968. 2 . Ins. by Punjab' Act No. 9 of 1961, sec.2. 3 . Subs. for the expression "Central Government" (which was subs. for "State Go- vernment" by A . 0 1968) by A.O. 1973.
4. Omitted by ibid.
5. Subs. for the word "money" by Punjab Act No. 33 of 1959 sec . 2 . 6 . Subs. for the words "includes and such grant or assignment existing in favour of
Cis-Sutlej jagirdars" by Runjab Act No. 33 of 1959, sec. 2. 7 . AddzdbyPunjab ActNo, 9 of1961,sec.2.
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the second or any subsequent generation], but does not include-
( i ) any grant of money (whether or not payable out of the land revenue) made on behalf of the l[State Government] for the relief of political sufferers or their dependents after the 15th Augus~, 1947 ; or
( i i ) any pension as defined in clause (17) of Article 366 of the Constitution of India ; or
( i i i ) any military jagir 2[granted on or after the fourth day of August, 19141 ; or
( i v ) any grant madc in favour of a religious or charitable insti- tution, but does not include a grant made for such a purpose to an individual ;
(2) "Jagirdars" means the holder of a jagir ;
(3) "Military Jagir" means a jagir granted, affirmed or continued in favour of any person as a reward for his personal service as a member of the Armed Forces or the Forces charged with the maintenance of public order or for similar services of any one related to him by blood or marriage;
(4) "religious or charitable institution" means an institution of every religious or charitable denomination established and maintained fpr religious or charitable purposes or for the purpose of provid- ing religious or educational instruction or for the relief of the poor or for providing medical relief or the advancement of any other object of general utility to the public or any section of bhe public ;
(5) "State Government"-
(a) 3[as respects any period before the 1st November, 1956, shall mean-
(i) the Government of the Patiala and East Punjab States Union or any of the Indian States which formed into the Patiala and East Punjab States Union on the 200h August, 1948 ; and
1 . Subs. for the expression "Contra1 Government" (which was subs. for "State Government by A. 0. 1968) by A. 0. 1973.
2. Added by Punjab Act No. 9 of 1961, sec. 2.
3. Subs. for the original clause by Punjab Act No. 33 of 1959. sec. 5(2).
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(ii) the Government of the State of Punjab and all predecessor Governments thcreof by whatever name ca!led, the Gover- nor-General or the Governor-General in Cmncil, as t5e case may be, and the Sikh Rulers, but shall n ~ t include the Central Gavernraent as defined in the Gel -r21 C1arse.i Act, 1897, after ti::: period comrnens.3g on 'chz 15th i4ugust, 19471 ; and
(b) as respects any period aftei the 1st November, 1956, shall mean the Goliernr~ent of the State of Punjab.
:. Resumption of jagirs.-Natwithstanding anything to the contrary contained in any law or usage, any grant, settlement, sanad or other instrument or any decree or order of any caurt or authority, all jagire shall on and from the com~encement of this Act, be extinguished and, stand resitn~ed in I he name of the IlState Government] :
2[Provided that a military jagir granted at any time before the 4th day of August, 1914 shall ensure far the life of the person who is a jagirdar immediately before such commencement and shall
stand extinguished and resumed on his death.]
4. Removal of doubts.--(I) If any doubt arises as to whether a grant or a~,,ignment is a military jagir or not the 'question shall be determined by the '[State Government] after afftarding an o~par tnn i ty to tho person concerned and consideration of the t ~ r ~ l i ~ and conditions c" '5 grant or assignment.
(2) The decision of the l[State Government] under sub-section (I) shall be conclusive proof of the cast whether an assignment or grant is a military jagir c3r not and shall not be ca.lled in question in any court of law or before any other au6hori0y.
5 . Compensation for resumption of Jagirs.--3[(1) In consideration of the extia;guishmenb and resumption of the jagir the jagirdar o r his successor, as the oase may be, shall be.paid a sunn equal to seven times the amount payable annually to the Jagirdar immediately before the extinguishment and resumption in respect! of the assignment or grant or seven tinies the amount which would have been payable by him annually immediately before the extinguishment and resumption as land revenue but the remission by way of muafi :
1. Subs. for the expression "Central Government" (which was subs. for "State Go- vernment" by A.0.1968) by A.O. 1973.
2. Added by Punjab Act No. 9 of 1961, sec. 3. 3 . Subs. for the original sub-section as amended by sec. 3 of Punjab Act No. 33 of
1959, by Act ibid (90: . 4).
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Provided that-
(a) in the case of a military jagir referred to in the proviso to section 3 the jagirdar shall before the 15th May, 1961 be entitled to claim compensation in lieu of the continuance of the jagir for his life, and where the jagirdar makes such a claim the Jagir shall be deemed to be extinguished and resumed on the date on which such claim is made ;
(b) in the case of the resumption and extinguishment of any hereditary parwarish or pension, any amount thereof recieved by the jagir- dar after the 14th November, 1957 shall be deducted in com- puting the amount of compensation payable to him or his successor.]
(2) The amount of compensation payable under sub-section (8) shall be paid in cash either in one lump sum or such number of annual instalments not exceeding twenty, as the l[State Government] may prescribe.
(3) Where the amount of compensation is to be paid in instalments, interest at the rate of 2 per cent per annum t o be calculated in the prescribed manner shall be payable thereon to the person entitIed to receive the amount.
6. Procedure for payment of Compensation.-a[(l) A jagirdar who is entitled under this Act to paymenb of compensation for extinguishment and resumpeion of his Jagir shall at any time before the 15th May, 1961, make in the manner prescribed an application to the Collector of the district in which his jagir or part thereof is situated or payable stating the grounds on which com- pensation is claimed by him :
Provided that-
(a) where in the event of the death of the jagirdar, whether before or after the cornmencemenO of this Act his successor is unable to make an application within time due to the pendency of the succession proceedings of the deceased jagirdar, the application may be made within a period of two months from the date on which decision in such proceedings is communicated to him ; and
(b) where the Collector is satisfied that the applicant was prevented by sufficient cause from making the application in time, he may entertain Ehe application ifib is made at any time within thirty days of the date fixed.
1. Subs. for the exprssion "Central Government" (which was subs. for "State Govea- ment" by A.O. 1968) by A.O. 1973.
2. Subs. for the original sub-section as amended by Punjab Acts Nos. 29 of 1958 and
33 of 1959, by Punjab Act No. 9 of 1961, sec. 5.
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338 I-Z. P. CODE VOL. VII
(I-A) ~otwithstanding anything contained in sub-section (I), where on account of the passing of the Punjab Resumption of Jagirs (Amendment) Act, 1961, a jagirdar, becomes entitled to the payment of compensation for the extinguishment and resumption of his jagir, he may make an application before the 15th May, 1961, or within four months from the date of determination of the successor to the jagir under section 7-A, whichever is later, to the authority and in the manner specified in sub-section (I) ; and any application so made shall be deemed to be an application under sub-section (1) and shall be disposed of accordingly.]
l[(2) On receiving the application under sub-section (I), the Collector shall enquire into @he claim and determine whether any compensation is due to the jagirdar or not, and where it is found to be so due he shall determine the amouna payable to the jagirdar.
(3) Where the amount of compensation determined as payable to the jagirdar unde; sub-section (2) does not exceed one thousand rupees, the Collector shall make an order for payment of such compensation to the jagirdar in the manner provided in section5.
(4) Where the amount of compensation determined as payable under sub-section (2)-
(a) exceeds one thousand rupees but does not exceed five thousand rupees, the Collector shall forward the claim tr, the Commissioner with his recommendation thereon;
(b) exceeds five thousand rupees, the Collector shall forward the claim to the Financial Commissioner through the Commissioner with his recommendation thereon.
(5) The Commissioner or the Financial Commissioner as the case may be, on receipt of the claim under sub-section (4, make an order whether any compensation is due to the jagirdar or not, and where it is found to be so due ik shall be paid in the manner provided in section 5.1
7. Apportionment of Compensation.-Where in pursuance of the require- ment of section 8 of the Punjab Jagirs Act, 1951, the successor to a jagir has made suitable provision out of the jagir for the maintenance of the widow or widows and other members of the famiIy of the last or any previous holder of the jagir, 2bhe Collector, Commissioner or Financia1 Commissioner as the case may be, shall while passing an order under sub-section (3) or sub-section (5) , of section 61, apportion the amounb of compensation for payment among the jagirdar and such widow or widows and other members of the family.
1 . Subs, for the original sub-sectionq (2) and (3) by Punjab Act No. 11 of 1960, sec. 3. c
2. Subs. for the words "the Financial Commissioner shall while passing an order under sub-section 3 of section 6" by Punjab Act No. 11 of 1960, sec, 3.
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1[7-A. Payment of Compensation and arrears of jagir after death of jagirdar.-(I) Notwithstanding anjjthing to the contrary contained in the Hindu Succession Act, 1956, or any other law for the time being in force,-
(a) where a jagirdar dies after his jagir is resumed or where the jagir is resumed on the death of the Jagirdar, the payment of com- pensation ; or
(b) where a jagirdar dies, whether before or after the commencement of this Act the payment of arrears in respect of the jagir; shall, subject to the provisions of sections 7 and 7-B, be made to the person who would have been entitlcd to succeed to the jagir if it had not been resumed under this Act.
( 2 ) The persol1 entitled to conipcnsation under sub-section (1) shall be determined by the authority which would have been competent to determine the successor to the jagir if it had not been resumed under this Act.
7-B. Payment sf co~npelasation and arrears of jagir to widows or other members of the family of deceased jagirdar.-While determining under section
7-A thc person entitled to succeed to the jagir of a deceased jagirdar, the autho- rity may, a f t s such enquiry, as it may deem fit make such provisions out of the compensation or the arrears of the jagir, as the case may be, as it may consider suitable for payment t o the widow or ividows (if any) and other nlembers of the family (if any) of the deceased jagirdar ; and whare such provision has been made, the compensation or the arrears shall be apportioned among the persons entitled to succeed to the jagir, the persons entitled to maintenance under section 7 and the widow or widows or other members of the family of the deceased jagirdar.]
8. Power of State Govcanment ts call for proceedings.-The 2[Sta~e Government] may at any time for the purpose of satisfying itself as to the lega- lity or propriety of any order passed by any officer under this Act call for and examine the records of any case pend.ing before or disposed of by such officer and may pass such order as it thinlcs fit.
9. Effect of otli~hir laws.--No provision of the Pensions Act, 1871 (XXIII of 1871), or of the Governmellt Grants Act, 1895 (XV of 1895). or of the Patiala Government Grants Act. 2005 (Patiala Act No. 1 of 2005 Bk.) or of any rules made thereunder, or of any instrument having effect by virtue of such law or rulcs, shall have any effect so far as it is inconsistent with any of' the provisions of this Act.
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1. Added by Punjab Act No. 9 of 1961, sec. 6.
2. Subs. for the expression "Central Gove:lnmeat" (which was subs. for "State Go- ernment" by A . 0 . 1968) by A.O. 1973.
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