Punjab · Act · 1900

PUNJAB ALIENATION OF LAND ACT, 1900

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`` Punjab Alienation of Land 1900: Act XIII

TEXT 1THE PUNJAB ALIENATION OF LAND ACT, 1900 (XIII of 1900) [25 October 1900] An Act to amend the law relating to agricultural land in the Punjab. WHEREAS it is expedient to amend the law relating to agricultural land in the Punjab; It is hereby enacted as follows:– Preliminary

Section 1. Short title, extent and commencement

(1) This Act may be called the 2[ 3[*] Punjab] Alienation of Land Act, 4[*]. 5[(2) It extends to 6[the Punjab] 7[* *] 8[* * *] 9[*]. ]

(3) It shall come into force on such day 10 as the 11[ 12[Provincial] Government] may, by notification in the 1[Official Gazette], direct.

1This Act was published in the Government Gazette, Punjab and its Dependencies, dated: 25 October 1900, pp. 33-36. For Statement of Objects and Reasons, see Gazette of India, 1899, Part V, p. 135; for report of the Select Committee, see ibid., 1900, Part V, p. 91; and for further report, see ibid., p. 107; for proceedings in Council, see ibid., 1899, Part VI, p. 216; and ibid.,1900, pp. 168, 177 and 193.

2Substituted for the word “Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.

3The word “West” was deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force on 14 August 1973. 4The figure “1900” was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.

5Substituted ibid.

6Substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951(XXVI of 1951); assented to by the Governor General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951,

pp. 340-388, s. 8. 7The words “and the” become redundant and deemed to be omitted by virtue of omission of the words “North-West Frontier” by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force on 14 August 1973. 8The words “North-West Frontier” were deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force on 14 August 1973. 9The word “Province” was omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. 10It came into force on 8 June 1901, see the Gazette of India, 1901, Part I, p. 382.

11Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

12Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force on 14 August 1973.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,–

2[(1) * * * * * * * * * * * * * * * * * *] 3[* * * * * * * * * * * * * * * * * *]

(2) all expressions which are defined by section 4 of the Punjab Tenancy Act, 1887 4, or by section 5[4] of the Punjab Land Revenue Act, 6[1967 (XVII of 1967)], shall, subject to the provisions of this Act, have the meanings assigned to them in the said sections respectively; and the expressions “record-of-rights” and “ 7[periodical] record” shall have the meanings assigned to them respectively in Chapter 8[VI] of the said last-mentioned Act;

9[(2A) “Collector” means the Collector of a District appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an officer authorized by the Government to exercise the powers of the Collector;

(2B) “Commissioner” means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional Commissioner;]

(3) 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 purposes subservient to agriculture or for pasture, and includes–

(a) the sites of buildings and other structures on such land;

(b) a share in the profits of an estate or holding;

(d) a right to receive rent;

(e) any right to water enjoyed by the owner or occupier of land as such;

10[*] 11[(f) any right of occupancy 1[;] 2[and] ]

1Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

2Repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. 3Proviso was repealed ibid. 4XVI of 1887.

5Substituted for the figure “3” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 2: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

6Ibid., for the figure “1887”. 7Ibid., for the word “annual”. 8Ibid., for the figure “IV”.

9Inserted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081.

10The word “and” was omitted by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 1936), published in the Government Gazette (Extraordinary) Punjab and its Dependencies, dated: 4 January 1937, p. 1, s. 2.

11Added by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2.

3[(g) all trees standing on such land.] 4[(4) the expression ‘permanent alienation’ includes sales, exchanges, gifts, wills and grants of occupancy rights;]

(5) the expression “usufructuary mortgage” means a mortgage by which the mortgagor delivers possession of the mortgaged land to the mortgagee and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits of the land and to appropriate them in lieu of interest or in payment of the mortgage-money or partly in lieu of interest and partly in payment of the mortgage- money; 5[*]

(6) the expression “conditional sale” includes any agreement whereby in default of payment of the mortgage-money or interest at a certain time the land will be absolutely transferred to the mortgagee. 6[(7) “Alienor” includes any person transferring an interest in land by sale, exchange, gift, will, mortgage, lease or farm, and lawful heirs and successors of any such person.] 7[(8) “ 8[District Officer (Revenue)]” * * * * * * * * * *]

[9] Section 2A. Application of Act to sections 53 and 54, Act XVI, 1887

Notwithstanding anything contained in sections 53 and 54 of the Punjab Tenancy Act, 1887 10, when a landlord makes a claim to exercise the rights thereby conferred upon him the provisions of this Act shall apply thereto.] Permanent Alienation of Land

1Substituted for the “colon” by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 1936), published in the Government Gazette (Extraordinary) Punjab and its Dependencies, dated: 4 January 1937, p. 1, s. 2.

2Inserted ibid.

3Added ibid.

4Substituted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2.

5The word “and” deemed to be deleted by virtue of addition of clauses (7) and (8) by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 3. 6Added ibid.

7Omitted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier added by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 3.

8Substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as

substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

9Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 3.

10India Act XVI of 1887.

Section 3. Sanction of 1[Collector] required to certain permanent alienations

(1) 2[Save as is hereinafter provided a] person who desires to make a permanent alienation of his land shall be at liberty to make such alienation where –

(a) the alienor is not a member of an agricultural tribe; or 3[(b) * * * * * * * * * * * * * * * * * *]

(c) the alienor is a member of an agricultural tribe and the alienee is a member of the same tribe or of a tribe in the same group. 4[* * * * * * * * * * * * * * * * * * *]

(2) Except in the cases provided for in sub-section (1), a permanent alienation of land shall not take effect as such unless and until sanction is given thereto by a 5[Collector]:

6[Provided that–

(1) sanction may be given after the act of alienation is otherwise completed; and

(2) sanction shall not be necessary in the case of–

(a) a sale of a right of occupancy by a tenant to his landlord, or

(b) a gift made in good faith for a religious or charitable purpose, whether inter vivos or by will.]

(3) The 7[Collector] shall inquire into the circumstances of the alienation and shall have discretion to grant or refuse the sanction required by sub-section (2).

[8] Section 3A. Sanction of 1[Collector] required for an alienation to an agriculturist creditor in certain cases

Except with the sanction of the 2[Collector] as provided for in this Act no

1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

2Substituted for the word “A” by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 2.

3Repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 4. 4Proviso was repealed ibid.

5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

6Substituted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 4.

7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

8Inserted by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette

(Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 3.

member of an agricultural tribe shall make 3[an alienation] of his land to a member of the same tribe or of a tribe in the same group who being a creditor has advanced to such person any loan, until such loan has been repaid or settled in full by the debtor and a period of three years has elapsed since repayment of settlement; provided that if the 4[Collector] after making such enquiries from the parties concerned as may be prescribed in this behalf by the 5[Board of Revenue], finds that an alienation has been made by a debtor to a person other than his creditor the effect of which is to pass the beneficial interest to such creditor in evasion of the provisions of this section, he shall, after recording his reasons by order in writing, declare the alienation void and shall eject any person in occupation of the land by virtue of such alienation and shall place the alienor in possession thereof. Explanation.– In this section– 6[(1) “An alienation” means a permanent alienation or an alienation in any form other than those permitted by section 6 of this Act.]

(2) The term “creditor” means a person or a firm carrying on the business of advancing loans and shall include the legal representative and the successor-in-interest whether by inheritance, assignment or otherwise, of such person or firm.

(3) The terms “creditor” and “debtor” shall be deemed to include their husbands or wives as the case may be and all persons (including their husbands or wives as the case may be) who are descended from the grandfather of such creditor or debtor as the case may be.

(4) The term “loan” means an advance whether secured or unsecured of money or in kind at interest [as defined in section 2(6) of the Punjab Regulation of Accounts Act, 1930 7] and shall include any transaction which 8[the court or the 1[Collector], as the case may be] finds to be in substance a loan, but it shall not include–

2Ibid.

3Substituted for the words “a permanent alienation” by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 2.

4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

5Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force on 14 October 1955.

6Substituted by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 2.

7I of 1930.

8Substituted for the words “a court” by the Punjab Alienation of Land (Amendment) Act, 1940 (VIII of 1940), published in Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 2.

(i) an advance in kind made by a landlord to his tenant for the purposes of husbandry; provided the market value of the return in kind does not exceed the market value of the advance as estimated at the time of the advance;

(ii) a deposit of money or other property in a Government Post Office Bank, or any other Bank, or with a Company, or with a Co-operative Society or with any employer as security from his employees;

(iii) a loan to, or by, or a deposit with any society or association registered under the Societies Registration Act, 1860 2, or under any other enactment;

(iv) a loan advanced by or to the Central 3 or any Provincial Government or by or to any local body under the authority of the Central 4 or any Provincial Government;

(v) a loan advanced by a Bank, a Co-operative Society or a Company whose accounts are subject to audit by a certificated auditor under the 5[Companies Ordinance, 1984];

(vi) a loan advanced by a trader to a trader, in the regular course of business, in accordance with trade usage;

(vii) an advance made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881 6, other than a promissory

note.

(5) The terms “Bank”, “Company”, “Co-operative Societies” and “Traders” shall have the same meanings as are assigned to them in section 2 of the Punjab Regulation of Accounts Act, 1930

Section 7. Rules applying to permitted mortgages

]

[8] Section 3B. Ejectment of alienee

In case of any resistance to an order of ejectment passed under the provisions of section 3-A, the 1[Collector] may exercise all the powers conferred on a civil court by rules 97 and 98 of Order XXI of the Code of Civil Procedure.

2XXI of 1860. 3Now ‘Federal’, see by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptions.

4Ibid.

5Substituted for the expression “Indian Companies Act, 1913” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 4: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

6XXVI of 1881. 7I of 1930. 8Sections 3-B and 3-C were inserted by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 3.

Section 3C. Appeal

Any person aggrieved by an order of the 2[Collector] under section 3-A or section 3-B may appeal to the 3[Commissioner], provided that no appeal shall lie unless the appeal is instituted within thirty days of the order appealed against, excluding days required for obtaining copies of the order.]

Section 4. Agricultural tribes

4[(1)] The 5[Board of Revenue] shall, by notification in the 6[Official Gazette] 7[* * * * * * * * * * *], determine what bodies of persons in any district or group of districts are to be deemed to be agricultural tribes or groups of agricultural tribes for the purposes of this Act. 8[(2) If any question or doubt should arise as to whether a person is or is not a member of a notified agricultural tribe, the 9[Collector] shall after such enquiry as may be prescribed determine whether that person is to be deemed to be a member of the said agricultural tribe for the purposes of this Act.

(3) In passing an order under the above sub-section the 10[Collector] shall not be bound by any decree of a Civil Court, and may review any order previously passed under that sub-section:

(Amendment) Act, 1940 (VIII of 1940), published in Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263- 264, s. 3.

2Ibid.

3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 5: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

4Renumbered by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 4.

substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

6Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

7The words “published with the previous sanction of the Governor General in Council” were repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 5.

8Added by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette

(Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 4.

9Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

10Ibid.

Provided that nothing in this section shall affect a decree passed in a suit instituted before the 15th June, 1938.]

Section 5. Saving for rights in land alienated

When a 1[Collector] sanctions a permanent alienation of land, his order shall not be taken to decide or affect any question of title, or any question relating to any reversionary right or right of pre-emption. Temporary Alienation of Land

Section 6. Forms of mortgage permitted in certain cases

(1) If a member of an agricultural tribe mortgages his land and the mortgagee is not a member of the same tribe, or of a tribe in the same group, the mortgage shall be made in one of the following forms:

(a) in the form of a usufructuary mortgage, by which the mortgagor delivers possession of the land to the mortgagee and authorizes him to retain such possession and to receive the rents and profits of the land in lieu of interest and towards payment of the principal, on condition that after the expiry of the term agreed on, or (if no term is agreed on, or if the term agreed on exceeds twenty years) after the expiry of twenty years, the land shall be re-delivered to the mortgagor; or

(b) in the form of a mortgage without possession, subject to the condition that, if the mortgagor fails to pay principal and interest according to his contract, the mortgagee may apply to the 2[Collector] to place him in possession for such term, not exceeding twenty years, as the 3[Collector] may consider to be equitable, the mortgage to be treated as a usufructuary mortgage for the term of the mortgagee’s possession and for such sum as may be due to the mortgagee on account of the balance of principal due and of interest due not exceeding the amount claimable as simple interest at such rate and for such period as the 4[Collector] thinks reasonable; or

(c) in the form of a written usufructuary mortgage by which the mortgagor recognises the mortgagee as a landlord and himself remains in cultivating occupancy of the land as a tenant subject to the payment of rent at such rate as may be agreed upon not exceeding sixteen annas per rupee of the amount of the land-revenue in addition to the amount of the land-revenue of the tenancy and the rates and cesses chargeable thereon and for such term as may be agreed on, the mortgagor having no right to alienate his right of cultivating occupancy and the mortgagee having no right to eject the mortgagor unless on the grounds mentioned in section 39 of the Punjab Tenancy Act, 1887 5; or

1Ibid.

2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

3Ibid.

4Ibid. 5XVI of 1887.

(d) in any form which the 1[Board of Revenue] may, by general or special order, permit to be used.

(2) If in the case of a mortgage in form (c) the mortgagor is ejected or relinquishes or abandons cultivating occupancy of the land, the mortgage shall take effect as a usufructuary mortgage in form (a) for such term not exceeding twenty years from the date of ejectment, relinquishment or abandonment, and for such sum of money as the 2[Collector] considers to be reasonable. 3[(3) The 4[Collector], if he accepts the application of a mortgagee under sub- section (1) (b), shall have power to eject the mortgagor, and as against the mortgagor to place the mortgagee in possession.]

7. Rules applying to permitted mortgages.– In the case of mortgages made under section 6–

(1) no interest shall accrue during the period for which the mortgagee is in possession of the land or in receipt of rent;

(2) if the mortgage is in form (a) or form (b), then at the end of such period of possession the mortgage debt shall be extinguished;

(3) the mortgagor may redeem his land at any time during the currency of the mortgage, on payment of the mortgage-debt or, in the case of a mortgage in form (a) or form (b), of such proportion of the mortgage-debt as the 5[Collector] determines to be equitable; and

(4) in the case of a usufructuary mortgage, the mortgagor shall not be deemed to bind himself personally to repay the mortgage-money; 6[(5) if a mortgagor who has applied to the 1[Collector] under sub-section (3) proves to the satisfaction of the 2[Collector] that he has paid the mortgage-debt or such proportion of

1Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s.

3 read with the Third Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

3Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 6.

4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

5Ibid.

6Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 7.

the mortgage-debt as the 3[Collector] has determined to be equitable, or deposits with the 4[Collector] the amount of such mortgage-debt or of such proportion thereof, the redemption of the land shall be deemed to have taken place, and the 5[Collector] shall have power to eject the mortgagee, if in possession, and as against the mortgagee to place the mortgagor in possession.]

Section 8. Conditions in permitted mortgages

(1) In a mortgage made under section 6, the following conditions may be added by agreement between the parties:–

(a) a condition fixing the time of the agricultural year at which a mortgagor redeeming his land may resume possession thereof;

(b) conditions limiting the right of a mortgagor or mortgagee in possession to cut, sell or mortgage trees or to do any act affecting the permanent value of the land; and

(2) In mortgages made under section 6 any condition not permitted by or under this Act shall be null and void.

[7] Section 8A. Injury to land not permitted

The express permission in writing of an owner of land attested by a revenue officer shall be necessary in order to enable a mortgagee or lessee or person holding a farm thereof, to commit any act which is destructive of, or permanently injurious to, the land for purposes of agriculture: and no court, or Official Receiver acting or purporting to act on behalf of the owner, shall be empowered to give such permission without the consent in writing of the owner, or the insolvent, as the case may be. Explanation.– The word “owner” in this section shall include any other person authorized by law to act in this behalf.]

Section 9. Power to revise mortgage made in form not permitted

(1) If a member of an agricultural tribe makes a mortgage of his land in any manner or form not permitted by or

1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

2Ibid.

3Ibid.

4Ibid.

5Ibid.

6Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

7Inserted by the Punjab Alienation of Land (Amendment) Act, 1938 (II of 1938), published in the Government Gazette

(Extraordinary) Punjab, dated: 16 June 1938, p. 80, s. 2.

under this Act, the 1[Collector] shall have authority to revise and alter the terms of the mortgage so as to bring it into accordance with such form of mortgage permitted by or under this Act as the mortgagee appears to him to be equitably entitled to claim.

(2) If a member of an agricultural tribe has before the commencement of this Act made a mortgage of his land in which there is a condition intended to operate by way of conditional sale, the 2[Collector] shall be empowered at any time during the currency of the mortgage to put the mortgagee to his election whether he will agree to the said condition being struck out, or to accept in lieu of the said mortgage a mortgage which may at the mortgagee’s option be either in form (a) or in form (b) as permitted by section 6 and which shall be made for such period not exceeding the period permitted by the said section and for such sum of money as the 3[Collector] considers to be reasonable.

(3) If proceedings for the enforcement of a condition intended to operate by way of conditional sale are instituted or are pending at the commencement of this Act in any Civil Court, or if a suit is instituted in any Civil Court on a mortgage to which sub-section (1) or sub-section (2) applies, the Court shall refer the case to the 4[Collector] with a view to the exercise of the power conferred by the sub-section applying thereto. 5[(4) When a mortgagee put to his election under sub-section (2) agrees to accept in lieu of his mortgage a mortgage in form (a) or in form (b) as permitted by section 6 for the period and for the sum of money considered by the 6[Collector] to be reasonable, and the mortgagor cannot be found, or fails to appear when duly served with notice to do so, or refuses or neglects to execute such mortgage, the 7[Collector] shall have authority to execute such mortgage on such terms as to costs as he may fix, and the mortgage so executed shall have effect as if it had been executed by the mortgagor. The 8[Collector] may for any reason which he deems sufficient set aside any ex-parte proceedings taken under this sub-section.]

2Ibid.

3Ibid.

5Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 8.

6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

7Ibid.

8Ibid.

Section 10. Future mortgage by way of conditional sale not permitted

In any mortgage of land made after the commencement of this Act any condition which is intended to operate by way of conditional sale shall be null and void.

Section 11. Leases and farms

Any member of an agricultural tribe may make a lease or farm of his land for any term not exceeding twenty years, and any lease or farm made by a member of an agricultural tribe for a longer term than twenty years shall, if the lessee or farmer is not a member of the same tribe or of a tribe in the same group, be deemed to be a lease or farm for the term permitted by this section.

Section 12. Restriction on power to make further temporary alienation

(1) During the currency of a mortgage made under section 6 in form (a) or form (b) or of a lease or farm under this Act, the owner shall be at liberty to make a further temporary alienation of the same land for such term as together with the term of the current mortgage, lease or farm will make up a term not exceeding the full term of twenty years.

(2) Any such further temporary alienation, if made for a longer term than is permitted by this section, shall be deemed to be a temporary alienation for the term permitted by this section.

Section 13. Ejectment of mortgagee, lessee or farmer remaining in possession after term

If a mortgagee, lessee or farmer holding possession under a mortgage made under section 6 or under a lease or farm made under section 11 or under a mortgage, lease or farm made under section 12 remains in possession after the expiry of the term for which he is entitled to hold under his mortgage, lease or farm, the 1[Collector] may, of his own motion or on the application of the person entitled to possession, eject such mortgagee, lessee or farmer and place the person so entitled in possession. 2[III-A.– Benami Transactions.

Section 13A. Benami transactions intended to evade the provisions of the Act to be void

(1) When a sale, exchange, gift, will, mortgage, lease or farm purports to be made either before or after the commencement of the Punjab Alienation of Land (Second Amendment) Act, 1938, by a member of an agricultural tribe to a member of the same agricultural tribe or of a tribe in the same group, but the effect of the transaction is to pass the beneficial interest to a person who is not a member of the same tribe or of a tribe in the same group, the transaction shall be void for all purposes, and the alienor shall be entitled to possession of the land so alienated, notwithstanding the fact that he may have himself intended to evade the provisions of this Act. Explanation.– Any alienation made in consequence of a transaction rendered void by this sub-section shall also be deemed void for all purposes.

(2) If the 1[Collector] either of his own motion or on the application of the alienor, is satisfied after making such enquiries as may be prescribed from the parties concerned,

2Heading and sections 13-A to 13-D were inserted by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 5.

and recording evidence that an alienation is void under the provisions of the preceding sub- section he shall by order in writing, after recording his reasons, eject any person in occupation of the land under such sale, exchange, gift, will, mortgage, lease or farm and place the alienor in possession:

Provided that the 2[Collector] may, in ordering the ejectment of a person who is a bona fide transferee for consideration before the 20th June, 1938, and is in occupation of such land, allow to any such person, other than the original transferee, compensation for improvements (as defined in section 4 of the Punjab Tenancy Act, 1887 3, effected by him while in occupation, up to a sum not exceeding in value the consideration for the original transaction. Such compensation shall be assessed by the 4[Collector] on such principles as may be prescribed, and shall be deposited by the alienor, and paid to the persons so ejected, in such manner as may be prescribed.

(3) For the purpose of enforcing an order under sub-section (2) the 5[Collector] may exercise all the powers of a Civil Court conferred by Order 21, Rules 97 and 98 of the Code of Civil Procedure.

Section 13B. Appeals

An appeal shall lie from any order passed, whether in original or on review by a 6[Collector] under section 4 or section 13-A, as follows, namely:–

(a) to the 7[Commissioner] when the order is passed by the 8[Collector],

(b) to the 1[Board of Revenue] 2[only on a point of law] when the order is passed by the 3[Commissioner].

2Ibid. 3XVI of 1887.

5Ibid.

6Ibid.

7Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 5: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

8Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

Section 13C. Revision

The 4[Board of Revenue] may at any time call for the record of any proceedings pending before or disposed of by the 5[Collector] under section 4 or section 13- A and shall pass such orders

1Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force on 14 October 1955.

2Inserted ibid.

4Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force on 14 October 1955.

as 1[it] thinks fit:

Provided that 2[it] shall not under this section pass any order reversing or modifying any such order without giving the persons concerned an opportunity of being heard.

Section 13D. Limitation for appeal

The period of limitation for an appeal under section 13-B, shall run from the date of the order appealed against and shall be as follows:–

(a) when the appeal lies to the 3[Commissioner], sixty days,

(b) when the appeal lies to the 4[Board of Revenue], ninety days. The provisions of section 5 and 12 of the 5[*] Limitation Act, 1908 6, shall apply for the purpose of computing the period of limitation.]

[7] Section 13E. Bar to jurisdiction of civil courts

A civil court shall not have jurisdiction in any matter of which the 8[Collector] is empowered to dispose under section 13-A or take cognizance of the manner in which he exercises any power vested in him by that section.] General Provisions

Section 14. Effect of permanent alienation made without sanction

Any permanent alienation which under section 3 9[or 3-A] is not to take effect as such until the sanction of a

1Substituted for the word “he” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force on 14 October 1955.

2Ibid.

5The word “Indian” was omitted by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 6: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. However, it had already been omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the First Schedule. 6Now the Limitation Act, 1908 (IX of 1908).

7Inserted by the Punjab Alienation of Land (Amendment) Act, 1940 (VIII of 1940), published in Government Gazette

(Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 4.

9Inserted by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette

(Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 4.

1[Collector] is given thereto shall, until such sanction is given or if such sanction has been refused, take effect as a usufructuary mortgage in form (a) permitted by section 6 for such term not exceeding twenty years and on such conditions as the 2[Collector] considers to be reasonable.

Section 15. Sanction of 3[Collector] required to certain alienations of, or charges on, produce of land

Every agreement whereby a member of an agricultural tribe purports to alienate or charge the produce of his land or any part of, or share in, such produce for more than one year shall not take effect for more than one year from the date of the agreement unless the sanction of a 4[Collector] is given thereto, and shall, until such sanction is given or if such sanction is refused, take effect as if it had been made for one year. Explanation.– The produce of land means–

(a) crops and other products of the earth standing or ungathered on the holding;

(b) crops and other products of the earth which have been grown on the land during the past year and have been reaped or gathered.

Section 16. Execution-sale of land forbidden

(1) No land belonging to a member of an agricultural tribe shall be sold in execution of any decree or order of any Civil or Revenue Court, whether made before or after the commencement of this Act. 5[(2) Notwithstanding anything contained in any other enactment for the time being in force no land belonging to a member of an agricultural tribe shall, in execution of any decree or order of any civil or revenue court, whether made before or after the enactment of this sub-section, be leased or farmed for a period exceeding 20 years or mortgaged except in one of the forms permitted by section 6.] 6[and, if the land is already under lease, farm or mortgage, the period of the lease, farm or mortgage made by the court shall not exceed the period, if any, remaining after the total period of the existing lease, farm or mortgage is deducted from the period of twenty years:

Provided that the period of any lease, farm or mortgage, made by the owner (a) subsequent to the institution of the proceedings which have led to the decree or order in execution of which the land is being alienated by the court, or (b) within twelve months, previous to the institution of proceedings referred to in (a) above and proved to be of a fraudulent and collusive character, shall not be so deducted.] 7[(2-A) Every lease, farm or mortgage made under sub-section (2) shall be determinable at any time by the owner of the land by tendering to the 1[Collector] an amount

2Ibid.

3Ibid.

4Ibid.

5Inserted by the Punjab Alienation of Land (Amendment) Act, 1931 (I of 1931), published in the Government Gazette

(Extraordinary) Punjab and its Dependencies, dated: 1 July 1931, s. 2.

6Added by the Punjab Alienation of Land (Amendment) Act, 1938 (II of 1938), published in the Government Gazette

(Extraordinary) Punjab, dated: 16 June 1938, p. 80, s. 3. 7Subsections (2-A) to (2-F) were inserted by the Punjab Alienation of Land (Amendment) Act, 1940 (VIII of 1940), published in Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 5.

which shall bear to the amount in consideration for which transfer has been made the same proportion, as the unexpired period of transfer bears to the total period for which the transfer has been made. Explanation.– Lease includes a temporary alienation of land in satisfaction of a money decree. (2-B) The 2[Collector] shall give notice to the parties and after hearing them and recording such evidence as may be produced shall determine the amount to be tendered under sub-section (2-A). (2-C) When the amount as determined has been deposited with the 3[Collector] he shall make an order that the lease, farm or mortgage be immediately determined; that the owner be put in possession as against the lessee, farmer or mortgagee; and that the amount in deposit be paid to the person entitled. (2-D) For the purpose of enforcing an order under sub-section (2-C) the 4[Collector] may exercise all the powers of a civil court conferred by Order XXI, rules 97 and 98 of the Code of Civil Procedure. (2-E) A civil court shall not have jurisdiction in any matter of which the 5[Collector] is empowered to dispose under sub-sections (2-A), (2-B), (2-C) and (2-D) or take cognizance of the manner in which he exercises any power vested in him by these sub-sections. (2-F) The order of the 6[Collector] shall be subject to appeal or revision in the manner and to the extent prescribed in sections 13-B and 13-C and the period of limitation shall be as laid down in section 13-D.]

7[(3)] Nothing in this section shall affect the right of 8[any Government] to recover arrears of land-revenue, or any dues which are recoverable as arrears of land-revenue, in any manner now permitted by law.

Section 17. Registration

Notwithstanding anything in the 9Indian Registration Act, 1877, or in any rules made under section 69 of that Act,–

2Ibid.

3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

4Ibid.

5Ibid.

6Ibid. 7Renumbered by the Punjab Alienation of Land (Amendment) Act, 1931 (I of 1931), published in the Government Gazette

(Extraordinary) Punjab and its Dependencies, dated: 1 July 1931, s. 2.

8Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.

9Now the Registration Act, 1908 (XVI of 1908).

(1) an instrument which contravenes any provision of this Act shall not be admitted to registration;

(2) an instrument which records or gives effect to any transaction which requires the sanction of a 1[Collector] shall not be admitted to registration until a certified copy of the order giving such sanction is produced to the officer empowered to register such instrument.

Section 18. Record-of-rights and 2[periodical] record

(1) Where, by reason of any transaction which under this Act requires the sanction of a 3[Collector], a person claims to have acquired a right the acquisition whereof he is bound to report under section 4[42] of the Punjab Land Revenue Act, 5[1967 (XVII of 1967)], such person shall, in making his report, state whether the sanction required has been obtained or not, and his right so acquired shall not be entered in the record-of-rights or in any 6[periodical] record until he produces such evidence of the order by which such sanction is given as may be required by any rules made under this Act.

(2) No right claimed by reason of any transaction or condition which is declared by this Act to be null and void shall be entered in the record-of-rights or in any 7[periodical] record.

Section 19. Application of certain provisions of the Punjab Land Revenue Act, 8[1967 (XVII of 1967)]

Subject to the provisions of this Act, the provisions of Chapter 9[III] of the Punjab

2Substituted for the word “annual” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 7: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

4Substituted for the figure “34” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 7: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

5Ibid., for the figure “1887” . 6Ibid., for the word “annual”.

7Ibid.

8Substituted for the figure “1887” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 8: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

9Substituted for the figure “II” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 8: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96.

Land Revenue Act, 1[1967 (XVII of 1967)], shall, in so far as they are applicable, apply to the proceedings of Revenue-officer under this Act.

Section 20. Appearance of legal practitioners forbidden

No legal practitioner shall appear on behalf of any party interested in any proceeding before a Revenue-officer under this Act. Explanation.– The term “legal practitioner” includes a mukhtar.

Section 21. Jurisdiction of Civil Courts excluded

(1) A Civil Court shall not have jurisdiction in any matter which the 2[Provincial Government] or a Revenue-officer is empowered by this Act to dispose of.

(2) No Civil Court shall take cognisance of the manner in which the 3[Provincial Government] or any Revenue-officer exercises any power vested in it or in him by or under this Act.

[4] Section 21A. Civil Court to send copy of decree or order to 5[Collector]

(1) Notwithstanding anything contained in the Code of Civil Procedure 6 or in any other Act for the time being in force, every Civil Court which passes a decree or order involving (1) the permanent alienation of his land by a member of an agricultural tribe, or (2) the mortgage by a member of an agricultural tribe of his land when the mortgagee is not a member of the same tribe or of a tribe in the same group, shall send to the 7[Collector] a copy of such decree or order.

(2) Action to be taken by 8[Collector] when decree or order passed contrary to Act.– When it appears to the 9[Collector] that any Civil Court has, either before or after the date when this section comes into operation, passed a decree or order contrary to any of the provisions of this Act, the 10[Collector] may apply for the revision of such decree or order to the Court, if any, to which an appeal would lie from such decree or order or in which an appeal could have been instituted at the time when the decree or order was passed, or in

1Ibid., for the figure “1887”.

2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

3Ibid.

4Added by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 9.

6XIV of 1882, subsequently replaced the Code of Civil Procedure, 1908 (V of 1908).

8Ibid.

9Ibid. 10Ibid.

any other case to the 1[High Court]. And when the Court finds that such decree or order is contrary to any of the provisions of this Act it shall alter it so as to make it consistent with this

Act. Such application shall be made within two months of the date upon which the 2[Collector] is informed of such decree or order.

(3) When any such Appellate Court passes an order rejecting such application the 3[Collector] may, within two months after the date upon which he is informed of such order, apply to the 4[High Court] for revision thereof.

(4) Every Civil Court which passes an order on any application made under this section shall forthwith send a copy thereof to the 5[Collector].

(5) No stamp shall be required upon such applications, and the provisions of the Code of Civil Procedure 6 as regards appeals shall apply so far as may be to the procedure of the Court on receipt of such application.

Provided that no appearance by or on behalf of the 7[Collector] shall be deemed necessary for the disposal of the application.]

[8] Section 22. Addition to section 77, Act XVI, 1887

* * * * * * * *]

Section 23. Exercise of powers of 1[Collector]

The powers conferred by this Act upon a 2[Collector] may be exercised by a Revenue-officer of higher rank, or by any officer authorised by the 3[Board of Revenue] in this behalf.

1Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of India, dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule.

3Ibid.

4Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of India, dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule.

6XIV of 1882, subsequently repealed by the Code of Civil Procedure, 1908 (V of 1908).

8Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1-20, s. 2 read with the Schedule.

Section 24. Exemption

The 4[Board of Revenue], 5[* * *] , may, by notification in the 6[Official Gazette], exempt any district or part of a district or any person or class of persons from the operation of this Act or of any of the provisions thereof.

Section 25. Power to make rules

(1) The 7[Provincial Government] may make rules for carrying into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the 8[Provincial Government] may make rules prescribing the Revenue-officers to whom applications may be made, and the manner and form in which such applications shall be made and disposed of.

2Ibid.

3Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.

4Ibid. 5The words “with the previous sanction of the Governor-General in Council” were omitted by the Devolution Act (XXXVIII of 1920), published in the Government Gazette Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule.

7Ibid., for the words “Local Government”.

8Ibid.

Print contents from the source

CONTENTS 
Preliminary 
1. Short title, extent and commencement 
2. Definitions 
2-A. Application of Act to sections 53 and 54, Act XVI, 1887 
Permanent Alienation of Land 
3. Sanction of Collector  required to certain permanent alienations 
3-A. Sanction of Collector required for an alienation to an agriculturist creditor in 
certain cases 
3-B. Ejectment of alienee 
3-C. Appeal 
4. Agricultural tribes 
5. Saving for rights in land alienated 
Temporary Alienation of Land 
6. Forms of mortgage permitted in certain cases 
7. Rules applying to permitted mortgages 
8. Conditions in permitted mortgages 
8-A. Injury to land not permitted 
9. Power to revise mortgage made in form not permitted 
10. Future mortgage by way of conditional sale not permitted 
11. Leases and farms 
12. Restriction on power to make further temporary alienation 
13. Ejectment of mortgagee, lessee or farmer remaining in possession after term 
III-A.  Benami Transactions 
13-A. Benami transactions intended to evade the provisions of the Act to be void 
13-B. Appeals 
(XIII of 1900) 
THE PUNJAB ALIENATION OF LAND ACT, 1900 
13-C. Revision 
13-D. Limitation for appeal 
13-E. Bar to jurisdiction of civil courts 
General Provisions 
 14. Effect of permanent alienation made without sanction 
 15. Sanction of Collector required to certain alienations of, or charges on, produce 
of land 
 16. Execution-sale of land forbidden 
 17. Registration 
 18. Record-of-rights and periodical record 
 19. Application of certain provisions of the Punjab Land Revenue Act, 1967 (XVII of 
1967) 
 20. Appearance of legal practitioners forbidden 
21. Jurisdiction of Civil Courts excluded 
21-A. Civil Court to send copy of decree or order to Collector  
Action to be taken by Collector when decree or order passed contrary to Act 
22. Repealed 
23. Exercise of powers of Collector 
24. Exemption 
25. Power to make rules

Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 93b3e870ef9b8e8e50324dc512b21e74dbbd4587ac9e613231d50418b372c97f.

``  
Punjab Alienation of Land 
1900: Act XIII 
CONTENTS 
Preliminary 
1. Short title, extent and commencement 
2. Definitions 
2-A. Application of Act to sections 53 and 54, Act XVI, 1887 
Permanent Alienation of Land 
3. Sanction of Collector  required to certain permanent alienations 
3-A. Sanction of Collector required for an alienation to an agriculturist creditor in 
certain cases 
3-B. Ejectment of alienee 
3-C. Appeal 
4. Agricultural tribes 
5. Saving for rights in land alienated 
Temporary Alienation of Land 
6. Forms of mortgage permitted in certain cases 
7. Rules applying to permitted mortgages 
8. Conditions in permitted mortgages 
8-A. Injury to land not permitted 
9. Power to revise mortgage made in form not permitted 
10. Future mortgage by way of conditional sale not permitted 
11. Leases and farms 
12. Restriction on power to make further temporary alienation 
13. Ejectment of mortgagee, lessee or farmer remaining in possession after term 
III-A.  Benami Transactions 
13-A. Benami transactions intended to evade the provisions of the Act to be void 
13-B. Appeals 
(XIII of 1900) 
THE PUNJAB ALIENATION OF LAND ACT, 1900 
13-C. Revision 
13-D. Limitation for appeal 
13-E. Bar to jurisdiction of civil courts 
General Provisions 
 14. Effect of permanent alienation made without sanction 
 15. Sanction of Collector required to certain alienations of, or charges on, produce 
of land 
 16. Execution-sale of land forbidden 
 17. Registration 
 18. Record-of-rights and periodical record 
 19. Application of certain provisions of the Punjab Land Revenue Act, 1967 (XVII of 
1967) 
 20. Appearance of legal practitioners forbidden 
21. Jurisdiction of Civil Courts excluded 
21-A. Civil Court to send copy of decree or order to Collector  
Action to be taken by Collector when decree or order passed contrary to Act 
22. Repealed 
23. Exercise of powers of Collector 
24. Exemption 
25. Power to make rules 
 
TEXT 
1
THE PUNJAB ALIENATION OF LAND ACT, 1900 
(XIII of 1900) 
[25 October 1900] 
An 
Act 
to amend the law relating to agricultural land in the Punjab. 
WHEREAS it is expedient to amend the law relating to agricultural land in the Punjab; It 
is hereby enacted as follows:– 
Preliminary 
1. Short title, extent and commencement .– (1) This Act may be called the  
2
[
3
[*] 
Punjab] Alienation of Land Act, 
4
[*]. 
5
[(2) It extends to 
6
[the Punjab] 
7
[* *] 
8
[* * *] 
9
[*]. ] 
(3)  It shall  come  into  force  on  such  day
10
  as  the  
11
[
12
[Provincial] Government] 
may, by notification in the 
1
[Official Gazette], direct. 
                                                
1This Act was published in the Government Gazette, Punjab and i ts Dependencies, dated: 25 October 1900, pp. 33 -36. For 
Statement of Objects and Reasons, see Gazette of India, 1899, Part V, p. 135; for report of the Select Committee, see ibid., 
1900, Part V, p. 91; and for further report, see ibid., p. 107; for proceed ings in Council, see ibid., 1899, Part VI, p. 216; and 
ibid.,1900, pp. 168, 177 and 193. 
2Substituted for the word “Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
3The word “West” was deleted by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the Punjab 
Gazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force 
on 14 August 1973. 
4The figure “1900” was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), 
published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 
5Substituted ibid. 
6Substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951(XXVI of 1951); assented to 
by the Governor General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, 
pp. 340-388, s. 8. 
7The words “and the” become redundant and deemed to be omitted by virtue of omission of the words “North-West Frontier” by 
the Punjab Laws (Adaptat ion) Order, 1974 (Pb. O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 
November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force on 14 August 1973. 
8The words “North-West Frontier” were deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published 
in the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425-PP, Article 2 read with the Schedule: it 
came into force on 14 August 1973. 
9The word “Province ” was omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the 
President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 
read with the Second Schedule: it came into force on 14 October 1955. 
10It came into force on 8 June 1901, see the Gazette of India, 1901, Part I, p. 382. 
11Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General 
Adaptations. 
12Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in t he 
Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came 
into force on 14 August 1973. 
2.  Definitions.– In this Act, unless there is anything repugnant in the subject or 
context,– 
 
2
[(1) * * * * * * * * * * * * * * * * * *] 
3
[* * * * * * * * * * * * * * * * * *] 
(2)  all expressions which are defined by section 4 of the Punjab Tenancy Act, 
1887
4
, or by section 
5
[4] of the Punjab Land Revenue Act, 
6
[1967 (XVII of 1967)], shall, 
subject to the provisions of this Act, have the meanings assigned to them in the said 
sections respectively; and the expressions “record -of-rights” and “
7
[periodical] record” shall 
have the meanings assigned to them respectively in Chapter 
8
[VI] of the said last-mentioned 
Act; 
 
9
[(2A) “Collector” means the Collector of a District appointed under the P unjab Land 
Revenue Act, 1967 (XVII of 1967) and includes an officer authorized by the Government to 
exercise the powers of the Collector; 
(2B) “Commissioner” means a Commissioner of a Division appointed under the 
Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional Commissioner;]  
(3)  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 purposes 
subservient to agriculture or for pasture, and includes– 
(a) the sites of buildings and other structures on such land; 
(b) a share in the profits of an estate or holding; 
(c) any dues or any fixed percentage of the land -revenue payable by an 
inferior landowner to a superior landowner; 
(d) a right to receive rent;
 
 
(e) any right to water enjoyed by the owner or occupier of land as such;
 
10
[*] 
11
[(f) any right of occupancy 
1
[;] 
2
[and] ] 
                                                                                                                                                  
1Substituted for the words  “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in 
the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
2Repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Governmen t Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. 
3Proviso was repealed ibid. 
4XVI of 1887. 
5Substituted for the figure “3” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 2: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
6Ibid., for the figure “1887”. 
7Ibid., for the word “annual”. 
8Ibid., for the figure “IV”. 
9Inserted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 
April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette 
(Extraordinary), dated: 16 April 2011, p. 4081. 
10The word “and” was omitted by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 1936), published in the 
Government Gazette (Extraordinary) Punjab and its Dependencies, dated: 4 January 1937, p. 1, s. 2. 
11Added by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and 
its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. 
3
[(g) all trees standing on such land.] 
4
[(4) the expression ‘permanent alienation’ includes sales, exchanges, gifts, wills 
and grants of occupancy rights;] 
(5)  the expression “usufructuary mortgage” means a mortgage by which the 
mortgagor delivers possession of the mortgaged land to the mortgagee and authorises him 
to retain such posse ssion until payment of the mortgage -money, and to receive the rents 
and profits of the land and to appropriate them in lieu of interest or in payment of the 
mortgage-money or partly in lieu of interest and partly in payment of the mortgage - money; 
5
[*] 
(6)  the expression “conditional sale” includes any agreement whereby in default 
of payment of the mortgage -money or interest at a certain time the land will be absolutely 
transferred to the mortgagee. 
6
[(7) “Alienor” includes any person transferring an inter est in land by sale, 
exchange, gift, will, mortgage, lease or farm, and lawful heirs and successors of any such 
person.] 
7
[(8) “
8
[District Officer (Revenue)]”  * * * * * * * * * *] 
9
[2-A.  Application of Act to sections 53 and 54, Act XVI, 1887 .– Notwithstanding 
anything contained in sections 53 and 54 of the Punjab Tenancy Act, 1887
10
, when a landlord 
makes a claim to exercise the rights thereby conferred upon him the provisions of this Act 
shall apply thereto.] 
Permanent Alienation of Land 
                                                                                                                                                  
1Substituted for the “colon” by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 19 36), published in the 
Government Gazette (Extraordinary) Punjab and its Dependencies, dated: 4 January 1937, p. 1, s. 2. 
2Inserted ibid. 
3Added ibid. 
4Substituted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. 
5The word “and” deemed to be deleted by virtue of addition of clauses (7) and (8) by the Punjab Alienation of Land (Second 
Amendment) Act, 1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 
37-38 , s. 3. 
6Added ibid. 
7Omitted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 
April 2011, pp. 4043 -4047, s. 6: it came  into force on 20 April 2011, vide notification published in the Punjab Gazette 
(Extraordinary), dated: 16 April 2011, p. 4081. It was earlier added by the Punjab Alienation of Land (Second Amendment) Act, 
1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 3. 
8Substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 
2001), published in the Punjab Gazette (Extraordinary), dated: 7 November  2001,  pp. 1767-1768,  s. 3:  it came  into  force on 
14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as 
substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X  of 2010), published in the Gazette of Pakistan 
(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
9Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 3. 
10India Act XVI of 1887. 
3.  Sanction of 
1
[Collector] required to certain permanent alienations.– (1) 
2
[Save as 
is hereinafter provided a] person who desires to make a permanent  alienation of his land 
shall be at liberty to make such alienation where – 
(a) the alienor is not a member of an agricultural tribe; or 
3
[(b) * * * * * * * * * * * * * * * * * *] 
(c) the alienor is a member of an agricultural tribe and the alienee is a member of 
the same tribe or of a tribe in the same group. 
4
[* * * * * * * * * * * * * * * * * * *] 
(2)  Except in the cases provided for in sub -section (1), a permanent alienation of 
land shall not take effect as such unless and until sanction is given thereto by a 
5
[Collector]: 
6
[Provided that– 
(1)  sanction may be given after the act of alienation is otherwise completed; and 
(2)  sanction shall not be necessary in the case of– 
(a) a sale of a right of occupancy by a tenant to his landlord, or 
(b) a gift made in good faith for a religious or charitable purpos e, whether 
inter vivos or by will.] 
(3)  The 
7
[Collector] shall inquire into the circumstances of the alienation and shall 
have discretion to grant or refuse the sanction required by sub-section (2). 
 
8
[3-A.  Sanction of 
1
[Collector] required for an alienation to an agriculturist creditor in 
certain cases.– Except with the sanction of the  
2
[Collector] as provided for in this Act no 
                                                
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinan ce, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pa kistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Substituted for the word “A” by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the 
Government Gazette (Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 2. 
3Repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Pun jab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 4. 
4Proviso was repealed ibid. 
5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab A lienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Const itution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
6Substituted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 4. 
7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of  2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substi tuted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
8Inserted by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette 
(Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 3. 
member of an agricultural tribe shall make 
3
[an alienation] of his land to a member of the 
same tribe or of a tribe in the same group who being a creditor has advanced to such person 
any loan, until such loan has been repaid or settled in full by the debtor and a period of three 
years has elapsed since repayment  of settlement; provided that if the 
4
[Collector] after 
making such enquiries from the parties concerned as may be prescribed in this behalf by the 
5
[Board of Revenue], finds that an alienation has been made by a debtor to a person other 
than his creditor the effect of which is to pass the beneficial interest to such creditor in 
evasion of the provisions of this section, he shall, after recording his reasons by order in 
writing, declare the alienation void and shall eject any person in occupation of the land by 
virtue of such alienation and shall place the alienor in possession thereof. 
Explanation.– In this section– 
6
[(1) “An alienation” means a permanent alienation or a n alienation in any form 
other than those permitted by section 6 of this Act.] 
(2) The term “creditor” means a person or a firm carrying on the business of 
advancing loans and shall include the legal representative and the successor -in-interest 
whether by inheritance, assignment or otherwise, of such person or firm. 
(3) The terms “creditor” and “debtor” shall be deemed to include their husbands 
or wives as the case may be and all persons (including their husbands or wives as the case 
may be) who are descend ed from the grandfather of such creditor or debtor  as the case 
may be. 
(4) The term “loan” means an advance whether secured or unsecured  of  money  
or  in kind at interest [as defined in section 2(6) of the Punjab Regulation of Accounts Act, 
1930
7
] and shall include any transaction which 
8
[the court or the 
1
[Collector], as the case may 
be] finds to be in substance a loan, but it shall not include– 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extr aordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001,  pp. 1767-1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published  in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Ibid. 
3Substituted for the words “a permanent alienation” by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 
1938), published in the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 2. 
4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.  4043-4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary),  dated:  16  April  2011, p. 4081. It  was  earlier  substituted  for  
the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published 
in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of th e Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
5Substituted for the words “Provincial Governme nt”  by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third 
Schedule: it came into force on 14 October 1955. 
6Substituted by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published in the Government 
Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 2. 
7I of 1930.  
8Substituted for the words “a court” by the Punjab Alienation  of Land (Amendment) Act, 1940 (VIII of 1940), published in 
Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 2. 
(i) an advance in kind made by a landlord to his tenant for the purposes 
of husbandry; provided the market value of the return in kind does not 
exceed the market value of the advance as estimated at the time of 
the advance; 
(ii) a deposit of money or other property in a Government Post Office 
Bank, or any other Bank, or with a Company, or with a Co -operative 
Society or with any employer as security from his employees; 
(iii) a loan to, or by, or a deposit with any society or association registered 
under the Societies Registration Act, 1860
2
, or under any other 
enactment; 
(iv) a loan advanced by or to the Central
3
 or any Provincial Government or 
by or to any local body under the authority of the Central
4
 or any 
Provincial Government; 
(v) a loan advanced by a Bank, a Co -operative Society or a Company 
whose accounts are subject to audit by a certificated auditor under the 
5
[Companies Ordinance, 1984]; 
(vi) a loan advanced by a trader to a trader, in the regular course of 
business, in accordance with trade usage; 
 (vii) an advance made on the basis of a negotiable instrument as defined 
in the Negotiable Instruments Act , 1881
6
, other than a promissory 
note. 
(5)  The terms “Bank”, “Company”, “Co -operative Societies” and “Traders” shall 
have the same meanings as are assigned to them in section 2 of the Punjab Regulation of 
Accounts Act, 1930
7
.] 
  
8
[3-B.  Ejectment of alienee.– In case of any resistance to an order of ejectment passed  
under the provisions of section 3-A, the 
1
[Collector] may exercise all the powers conferred on 
a civil court by rules 97 and 98 of Order XXI of the Code of Civil Procedure. 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011),  published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted f or the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution  of  the  Islamic  Republic  of  Pakistan,  as  substituted by 
the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2XXI of 1860. 
3Now ‘Federal’, see by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan 
(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptions. 
4Ibid. 
5Substituted for the expression “Indian Companies Act, 1913”  by the Punjab Alienation of Land (Amendment) Ordinance, 2001 
(XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 4: it c ame into 
force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of 
Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of 
Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
6XXVI of 1881. 
7I of 1930. 
8Sections 3-B and 3-C were inserted  by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published 
in the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 3. 
3-C.  Appeal.– Any person aggrieved by an order of the  
2
[Collector] under section 3 -A or 
section 3-B may appeal to the 
3
[Commissioner], provided that no appeal shall lie unless the 
appeal is instituted within thirty days of the order appealed against, excluding days required 
for obtaining copies of the order.] 
4.  Agricultural   tribes.– 
4
[(1)]   The   
5
[Board   of   Revenue]  shall, by notification in the 
6
[Official Gazette] 
7
[* * *  * * * * * * * * ], determine what bodies of persons in any district or 
group of districts are to be deemed to be agricultural tribes or groups of agricultural tribes for 
the purposes of this Act. 
8
[(2) If any question or doubt should arise as to whether a person is or is not a 
member of a notified agricultural tribe, the 
9
[Collector] shall after such enquiry as may be 
prescribed determine whether that person is to be deemed to be a member of the said 
agricultural tribe for the purposes of this Act. 
(3)  In passing an order under the above sub -section the 
10
[Collector] shall not be 
bound by any decree of a Civil Court, and may review any order previously passed under 
that sub-section: 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, a s substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267 -316, s. 96. They were earlier substituted for the word “Collector” by the Punjab Alienation of Land 
(Amendment) Act, 1940 (VIII of 1940), published in Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263 -
264, s. 3. 
2Ibid. 
3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), 
published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, 
vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the 
words “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the 
Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001: the said 
Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
4Renumbered by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government 
Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 4. 
5Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of   Laws) Act, 1957  (XVI of 
1957),  published  in  the  Gazette  of  West  Pakistan  (Extraordinary),  
dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third Schedule: it came into force on 14 Oct ober 1955. They were earlier 
substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
6Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Tabl e of General 
Adaptations. 
7The words “published with the previous sanction of the Governor General in Council” were repealed  by the Punjab Alienation 
of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencie s, dated: 9 May 
1907, pp. 67-69, s. 5. 
8Added  by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette 
(Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 4. 
9Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 N ovember 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 201 0), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
10Ibid. 
Provided that nothing in this section shall affect a decree passed in a suit instituted 
before the 15th June, 1938.] 
5.  Saving for rights in land alienate d.– When a  
1
[Collector] sanctions a permanent 
alienation of land, his order shall not be taken to decide or affect any question of title, or any 
question relating to any reversionary right or right of pre-emption. 
Temporary Alienation of Land 
6.  Forms of mortgage permitted in certain cases.– (1) If a member of an  agricultural 
tribe mortgages his land and the mortgagee is not a member of the same tribe, or of a tribe 
in the same group, the mortgage shall be made in one of the following forms: 
(a) in the  form of a usufructuary mortgage, by which the mortgagor delivers 
possession of the land to the mortgagee and authori zes him to retain such 
possession and to receive the rents and profits of the land in lieu of interest 
and towards payment of the principal , on condition that after the expiry of the 
term agreed on, or (if no term is agreed on, or if the term agreed on exceeds 
twenty years) after the expiry of twenty years, the land shall be re-delivered to 
the mortgagor; or 
(b) in the form of a mortgage with out possession, subject to the condition that, if 
the mortgagor fails to pay principal and interest according to his contract, the 
mortgagee may apply to the 
2
[Collector] to place him in possession for such 
term, not exceeding twenty years, as the 
3
[Collector] may consider to be 
equitable, the mortgage to be treated as a usufructuary mortgage for the term 
of the mortgagee’s possession and for such sum as may be due to the 
mortgagee on account of the balance of principal due and of interest due not 
exceeding the amount claimable as simple interest at such rate and for such 
period as the 
4
[Collector] thinks reasonable; or 
(c) in the form of a written usufructuary mortgage by which the mortgagor 
recognises the mortgagee as a landlord and himself remains in cult ivating 
occupancy of the land as a tenant subject to the payment of rent at such rate 
as may be agreed upon not exceeding sixteen annas per rupee of the amount 
of the land -revenue in addition to the amount of the land -revenue of the 
tenancy and the rates a nd cesses chargeable thereon and for such term as 
may be agreed on, the mortgagor having no right to alienate his right of 
cultivating occupancy and the mortgagee having no right to eject the 
mortgagor unless on the grounds mentioned in section 39 of the P unjab 
Tenancy Act, 1887
5
; or 
                                                
1Ibid. 
2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under A rticle 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
3Ibid. 
4Ibid. 
5XVI of 1887. 
(d) in any form which the 
1
[Board of Revenue] may, by general or special order, 
permit to be used. 
(2)  If in the case of a mortgage in form (c) the mortgagor is ejected or 
relinquishes or abandons cultivating occupancy of the land, the mortgage shall take effect as 
a usufructuary mortgage in form (a) for such term not exceeding twenty years from the date 
of ejectment, relinquishment or abandonment, and for such sum of money as the 
2
[Collector] 
considers to be reasonable. 
3
[(3) The 
4
[Collector], if he accepts the application of a mortgagee under sub -
section (1) (b) , shall have power to eject the mortgagor, an d as against the mortgagor to 
place the mortgagee in possession.] 
7.  Rules applying to permitted mortgages .– In the case of mortgages made under 
section 6– 
(1)  no interest shall accrue during the period for which the mortgagee is in 
possession of the land or in receipt of rent; 
(2)  if the mortgage is in form (a) or form (b), then at the end of such period of 
possession the mortgage debt shall be extinguished; 
(3)  the mortgagor may redeem his land at any time during the currency of the 
mortgage, on payment of the mortgage-debt or, in the case of a mortgage in form (a) or form 
(b), of such proportion of the mortgage -debt as the 
5
[Collector] determines to be equitable; 
and 
(4)  in the case of a usufructuary mortgage, the mortgagor shall not be deemed to 
bind himself personally to repay the mortgage-money; 
6
[(5) if a mortgagor who has applied to the 
1
[Collector] under sub-section (3) proves 
to the satisfaction of the 
2
[Collector] that he has paid the mortgage-debt or such proportion of 
                                                
1Substituted for the words “Provincial Government” by the West Pakistan  (Adaptation  and  Repeal  
of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 
3 read with the Third Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local 
Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India 
(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extra ordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: it 
came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic 
Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendm ent) Act, 2010 (X of 2010), published in the 
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
3Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 6. 
4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : i t came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 200 1 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: it 
came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitutio n of the Islamic 
Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the 
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
5Ibid. 
6Inserted by the Punjab Alienatio n of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 7. 
the mortgage-debt as the 
3
[Collector] has determined to be equitable, or deposits with the 
4
[Collector] the amount of such mortgage -debt or of such proportion thereof, the redemption 
of the land sha ll be deemed to have taken place, and the 
5
[Collector] shall have power to 
eject the mortgagee, if in   possession, and as against the mortgagee to place the mortgagor 
in possession.] 
8.  Conditions in permitted mortgages.– (1) In a mortgage made under sec tion 6, the 
following conditions may be added by agreement between the parties:– 
(a) a condition fixing the time of the agricultural year at which a mortgagor 
redeeming his land may resume possession thereof; 
(b) conditions limiting the right of a mortgagor or mortgagee in possession to cut, 
sell or mortgage trees or to do any act affecting the permanent value of the 
land; and 
(c) any condition which the 
6
[Board of Revenue] by general or special order may 
declare to be admissible. 
(2)  In mortgages made under section 6 any condition not permitted by or under 
this Act shall be null and void. 
  
7
[8-A.  Injury to land not permitted.– The express permission in writing of an owner of land 
attested by a revenue officer shall be necessary in order to enable a mo rtgagee or lessee or 
person holding a farm thereof, to commit any act which is destructive of, or permanently 
injurious to, the land for purposes of agriculture : and no court, or Official Receiver acting or 
purporting to act on behalf of the owner, shall b e empowered to give such permission 
without the consent in writing of the owner, or the insolvent, as the case may be. 
Explanation.– The word “owner” in this section shall include any other person authorized by 
law to act in this behalf.] 
9.  Power to revi se mortgage made in form not permitted .– (1) If a member of an  
agricultural tribe makes a mortgage of his land in any manner or form not permitted by or 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2 011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substitu ted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: it 
came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic 
Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the 
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
2Ibid. 
3Ibid. 
4Ibid. 
5Ibid. 
6Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third 
Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the 
Government of India (Adaptation of Indian Laws) Order , 1937, published in the Gazette of India (Extraordinary), dated: 1 April 
1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
7Inserted by the Punjab Alienation of Land (Amendment) Act, 1938 (II of 1938), published in the Government Gazette 
(Extraordinary) Punjab, dated: 16 June 1938, p. 80, s. 2. 
under this Act, the 
1
[Collector] shall have authority to revise and alter the terms of the 
mortgage so as to bring it into accordance with such form of mortgage permitted by or under 
this Act as the mortgagee appears to him to be equitably entitled to claim. 
(2)  If a member of an agricu ltural tribe has before the commencement of this Act 
made a mortgage of his land in which there is a condition intended to operate by way of 
conditional sale, the 
2
[Collector] shall be empowered at any time during the currency of the 
mortgage to put the mo rtgagee to his election whether he will agree to the said condition 
being struck out, or to accept in lieu of the said mortgage a mortgage which may at the 
mortgagee’s option be either in form (a) or in form (b) as permitted by section 6 and which 
shall be made for such period not exceeding the period permitted by the said section and for 
such sum of money as the 
3
[Collector] considers to be reasonable. 
(3)  If proceedings for the enforcement of a condition intended to operate by way 
of conditional sale are instituted or are pending at the commencement of this Act in any Civil 
Court, or if a suit is instituted in any Civil Court on a mortgage to which sub -section (1) or 
sub-section (2) applies , the Court shall refer the case to the 
4
[Collector] with a view t o the 
exercise of the power conferred by the sub-section applying thereto. 
5
[(4) When a mortgagee put to his election under sub -section (2) agrees to accept in 
lieu of his mortgage a mortgage in form (a) or in form (b) as permitted by section 6 for the 
period and for the sum of money considered by the 
6
[Collector] to be reasonable, and the 
mortgagor cannot be found, or fails to appear when duly served with notice to do so, or 
refuses or neglects to execute such mortgage, the 
7
[Collector] shall have authority to execute 
such mortgage on such terms as to costs as he may fix, and the mortgage so executed shall 
have effect as if it had been executed by the mortgagor. The 
8
[Collector] may for any reason 
which he deems sufficient set aside any ex-parte proceedings taken under this sub-section.] 
                                                
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.  4043-4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendm ent) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Re public of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Ibid. 
3Ibid. 
4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Ex traordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 200 1, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), publish ed in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
5Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab 
and its Dependencies, dated: 9 May 1907, pp. 67-69, s. 8. 
6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011,  vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4 081. It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: it 
came into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic 
Republic of Pakist an, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the 
Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
7Ibid. 
8Ibid. 
10.  Future mortgage by way of conditional sale not permitted .– In any mortgage  of 
land made after the commencement of this Act any condition which is intended to operate by 
way of conditional sale shall be null and void. 
11.  Leases and farms.– Any member of an agricultural tribe may make a lease or  farm 
of his land for any term not exceeding twenty years, and any lease or farm made by a 
member of an agricultural tribe for a longer term than twenty years shall, if the less ee or 
farmer is not a member of the same tribe or of a tribe in the same group, be deemed to be a 
lease or farm for the term permitted by this section. 
12.  Restriction on power to make further temporary alienation .– (1) During the  
currency of a mortgage m ade under section 6 in form (a) or form (b) or of a lease or farm 
under this Act, the owner shall be at liberty to make a further temporary alienation of the 
same land for such term as together with the term of the current mortgage, lease or farm will 
make up a term not exceeding the full term of twenty years. 
(2) Any such further temporary alienation, if made for a longer term than is 
permitted by this section, shall be deemed to be a temporary alienation for the term 
permitted by this section. 
13.  Ejectment of mortgagee, lessee or farmer remaining in possession after term.– 
If a mortgagee, lessee or farmer holding possession under a mortgage made under  section 
6 or under a lease or farm made under section 11 or under a mortgage, lease or farm made 
under section 12 remains in possession after the expiry of the term for which he is entitled to 
hold under his mortgage, lease or farm, the 
1
[Collector] may, of his own motion or on the 
application of the person entitled to possession, eject such mortgagee, lessee or farmer and 
place the person so entitled in possession. 
2
[III-A.–  Benami Transactions. 
13-A.  Benami transactions intended to evade the prov isions of the Act to be void .– 
(1) When a sale, exchange, gift, will, mortgage, lease or farm purports to be made either 
before or after the commencement of the Punjab Alienation of Land (Second Amendment) 
Act, 1938, by a member of an agricultural tribe to  a member of the same agricultural tribe or 
of a tribe in the same group, but the effect of the transaction is to pass the beneficial interest 
to a person who is not a member of the same tribe or of a tribe in the same group, the 
transaction shall be void for all purposes, and the alienor shall be entitled to possession of 
the land so alienated, notwithstanding the fact that he may have himself intended to evade 
the provisions of this Act. 
Explanation.– Any alienation made in consequence of a transaction re ndered void by this  
sub-section shall also be deemed void for all purposes. 
(2)  If the 
1
[Collector] either of his own motion or on the application of the alienor , 
is satisfied after making such enquiries as may be prescribed from the parties concerned, 
                                                
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated : 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette o f Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Heading and sections 13 -A to 13 -D were inserted by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 
1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 5. 
and recording evidence that an alienation is void under the provisions of the preceding sub -
section he shall by order in writing, after recording his reasons, eject  any person in 
occupation of the land under such sale, exchange, gift, will, mortgage, lease or farm and 
place the alienor in possession: 
Provided that the 
2
[Collector] may, in ordering the ejectment of a person who is a 
bona fide transferee for considerat ion before the 20th June, 1938, and is in occupation of 
such land, allow to any such person, other than the original transferee, compensation for 
improvements (as defined in section 4 of the Punjab Tenancy Act, 1887
3
, effected by him 
while in occupation, u p to a sum not exceeding in value the consideration for the original 
transaction. Such compensation shall be assessed by the 
4
[Collector] on such principles as 
may be prescribed, and shall be deposited by the alienor, and paid to the persons so 
ejected, in such manner as may be prescribed. 
(3)  For the purpose of enforcing an order under sub -section (2) the 
5
[Collector] 
may exercise all the powers of a Civil Court conferred by Order 21, Rules 97 and 98 of the 
Code of Civil Procedure. 
13-B.  Appeals.– An app eal shall lie from any order passed, whether in original or on  
review by a 
6
[Collector] under section 4 or section 13-A, as follows, namely:– 
(a)  to the 
7
[Commissioner] when the order is passed by the 
8
[Collector], 
(b)  to the 
1
[Board of Revenue] 
2
[only on a point of law]  when the order is passed 
by the 
3
[Commissioner]. 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came  into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXX VI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as su bstituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Ibid. 
3XVI of 1887. 
4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
5Ibid. 
6Ibid. 
7Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), 
published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, 
vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011,  p. 4081. It  was earlier substituted for 
the words “Commissioner” by the Punjab Alien ation of  Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the 
Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001: the said 
Ordinance was saved under Article 270AA of the Constitu tion of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
8Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazett e (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 Novembe r 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), pu blished in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
13-C. Revision.– The 
4
[Board of Revenue] may at any time call for the record of any  
proceedings pending before or disposed of by the 
5
[Collector] under section 4  or  section 13-
A and shall pass such orders 
                                                                                                                                                  
1Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 
1957), published in the Gazette of West  Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third 
Schedule: it came into force on 14 October 1955. 
2Inserted ibid. 
3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), 
published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, 
vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the 
words “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the 
Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001:  the said 
Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
4Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 r ead with the Third 
Schedule: it came into force on 14 October 1955. 
5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, p p. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amen dment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
 
as 
1
[it] thinks fit: 
Provided that 
2
[it] shall not under this section pass  any order reversing or modifying 
any such order without giving the persons concerned an opportunity of being heard. 
13-D.  Limitation for a ppeal.– The period of limitation for an appeal under section 13 -B, 
shall run from the date of the order appealed against and shall be as follows:– 
(a) when the appeal lies to the 
3
[Commissioner], sixty days, 
(b) when the appeal lies to the 
4
[Board of Revenue], ninety days. 
The provisions of section 5 and 12 of the 
5
[*] Limitation Act, 1908
6
, shall apply for the 
purpose of computing the period of limitation.] 
  
7
[13-E. Bar to jurisdiction of civil courts.– A civil court shall not have jurisdiction in  any 
matter of which the 
8
[Collector] is empowered to dispose under section 13 -A or take 
cognizance of the manner in which he exercises any power vested in him by that section.] 
General Provisions 
14.  Effect of permanent alienation  made without sanction.– Any permanent 
alienation which under section 3 
9
[or 3-A] is not to take effect as such until the sanction of a 
                                                
1Substituted for the word “he”  by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the 
Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force 
on 14 October 1955. 
2Ibid. 
3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), 
published in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, 
vide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the 
words “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the 
Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001: the said 
Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
4Substituted for the words “Financial Commissioner”  by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third 
Schedule: it came into force on 14 October 1955. 
5The word “Indian” was omitted by the Punjab Alienation of Land (Amendment) Ordinance , 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 6: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Paki stan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267 -316, s. 96 . However, it had already been omitted by the Punjab Laws (Adaptation, Revi sion and Repeal) 
Act, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the 
First Schedule.  
6Now the Limitation Act, 1908 (IX of 1908). 
7Inserted by the Punjab Alienation of Land (Amendm ent) Act, 1940 (VIII of 1940), published in Government Gazette 
(Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 4. 
8Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in th e Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was save d under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
9Inserted  by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette 
(Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 4. 
1
[Collector] is given thereto shall, until such sanction is given or if such sanction has been 
refused, take effect as a usufructuary mortgage in  form (a) permitted by section 6 for such 
term not exceeding twenty years and on such conditions as the 
2
[Collector] considers to be 
reasonable. 
15.  Sanction of 
3
[Collector] required to certain alienations of, or charges on, 
produce of land.– Every agreement whereby a member of an agricultural tribe  purports to 
alienate or charge the produce of his land or any part of, or share in, such produce for more 
than one year shall not take effect for more than one year from the date of the agreement 
unless the sanction of a 
4
[Collector] is given thereto, and shall, until such sanction is given or 
if such sanction is refused, take effect as if it had been made for one year. 
Explanation.– The produce of land means– 
(a) crops and other products of the earth standing or ungathered on the holding; 
(b) crops and other products of the earth which have been grown on the land 
during the past year and have been reaped or gathered. 
16.  Execution-sale of land forbidden .– (1) No land belonging to a member of an  
agricultural tribe shall be sold in execution of any decree or order of any Civil or Revenue 
Court, whether made before or after the commencement of this Act. 
5
[(2) Notwithstanding anything contained in any other enactment for the time being 
in force no land belonging to a member of an agricultural tribe shall, in execution of any 
decree or order of any civil or revenue court, whether made before or after the enactment of 
this sub-section, be leased or farmed for a period exceeding 20 years or mortgaged except  
in one of the forms permitted by section 6.] 
6
[and, if the land is already under lease, farm or mortgage, the period of the lease, 
farm or mortgage made by the court shall not exceed the period, if any, remaining after the 
total period of the existing lea se, farm or mortgage is deducted from the period of twenty 
years: 
Provided that the period of any lease, farm or mortgage, made by the owner (a) 
subsequent to the institution of the proceedings which have led to the decree or order in 
execution of which th e land is being alienated by the court, or (b) within twelve months, 
previous to the institution of proceedings referred to in (a) above and proved to be of a 
fraudulent and collusive character, shall not be so deducted.] 
7
[(2-A) Every lease, farm or mortg age made under sub -section (2) shall be 
determinable at any time by the owner of the land by tendering to the 
1
[Collector] an amount 
                                                
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pak istan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Ibid. 
3Ibid. 
4Ibid. 
5Inserted by the Punjab Alienation of Land (Amendment) Act, 1931 (I of 1931), published in the Government Gazette 
(Extraordinary) Punjab and its Dependencies, dated: 1 July 1931, s. 2. 
6Added by the Punjab Alienation of Land (Amendment) Act, 1938 (II of 1938), published in the Government Gazette 
(Extraordinary) Punjab, dated: 16 June 1938, p. 80, s. 3. 
7Subsections (2-A) to (2-F) were inserted  by the Punjab Alienation o f Land (Amendment) Act, 1940 (VIII of 1940), published in 
Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 5. 
which shall bear to the amount in consideration for which transfer has been made the same 
proportion, as the unexpired period of transfer bears to the total period for which the transfer 
has been made. 
Explanation.– Lease includes a temporary alienation of land in satisfaction of a money 
decree. 
(2-B) The 
2
[Collector] shall give notice to the parties and after hearing them and 
recording such evidence as may be produced shall determine the amount to be tendered 
under sub-section (2-A). 
(2-C) When the amount as determined has been deposited with the 
3
[Collector] he 
shall make an order that the lease, farm or mortgage be immediately determined; that the 
owner be put in possession as against the lessee, farmer or mortgagee; and that the amount 
in deposit be paid to the person entitled. 
(2-D) For the purpose of enforcing an order under sub-section (2-C) the 
4
[Collector] 
may exercise all the powers of a civil court conferred by Order XXI, rules 97 and 98 of the 
Code of Civil Procedure. 
(2-E) A civil court shall not have jurisdiction in any matter of which the 
5
[Collector] is 
empowered to dispose under sub -sections (2-A), (2-B), (2-C) and (2-D) or take cognizance 
of the manner in which he exercises any power vested in him by these sub-sections. 
(2-F) The order of the 
6
[Collector] shall be subject to appeal or revision in th e 
manner and to the extent prescribed in sections 13 -B and 13 -C and the period of limitation 
shall be as laid down in section 13-D.] 
 
7
[(3)] Nothing in this section shall affect the right of 
8
[any Government] to recover 
arrears of land -revenue, or any dues  which are recoverable as arrears of land -revenue, in 
any manner now permitted by law. 
17.  Registration.– Notwithstanding anything in the  
9
Indian Registration Act, 1877, or in  
any rules made under section 69 of that Act,– 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), p ublished 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for  the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Ibid. 
3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 Ap ril 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), publish ed in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
4Ibid. 
5Ibid. 
6Ibid. 
7Renumbered by the Punjab Alienation of Land (Amendment) Act, 1931 (I of 1931), published in the Government Gazette 
(Extraordinary) Punjab and its Dependencies, dated: 1 July 1931, s. 2. 
8Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the 
Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 
9Now the Registration Act, 1908 (XVI of 1908). 
(1)  an instrument which contrave nes any provision of this Act shall not be 
admitted to registration; 
(2)  an instrument which records or gives effect to any transaction which requires 
the sanction of a 
1
[Collector] shall not be admitted to registration until a certified copy of the 
order giving such sanction is produced to the officer empowered to register such instrument. 
18.  Record-of-rights and 
2
[periodical] record.– (1) Where, by reason of any transaction 
which under this Act requires the sanction of a 
3
[Collector], a person claims to have acquired 
a right the acquisition whereof he is bound to report under section 
4
[42] of the Punjab Land 
Revenue Act, 
5
[1967 (XVII of 1967)], such person shall, in making his report, state whether 
the sanction required has been obtained or not, and his  right so acquired shall not be 
entered in the record -of-rights or in any 
6
[periodical] record until he produces such evidence 
of the order by which such sanction is given as may be required by any rules made under 
this Act. 
(2)  No right claimed by reason  of any transaction or condition which is declared 
by this Act to be null and void shall be entered in the record -of-rights or in any 
7
[periodical] 
record. 
19.  Application of certain provisions of the Punjab Land Revenue Act, 
8
[1967 (XVII 
of 1967)].– Subject to the provisions of this Act, the provisions of Chapter  
9
[III] of the Punjab 
                                                
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011,  vide  
notification  published  in  the  Punjab Gazette  
(Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substit uted for the words “Deputy Commissioner” by the Punjab 
Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 
November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA 
of the Constitution  of  the  Islamic  Republic  of  Pakistan,  as  substituted by the Constitution (Eighteenth Amendment) Act, 
2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. 
2Substituted for the word “annual” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published 
in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 7: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordin ary), dated: 20 
April 2010, pp. 267-316, s. 96. 
3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 20 01 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan , as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
4Substituted for the figure “34” by the Punjab Alienation of Land (Amendment)  Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 7: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republ ic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
5Ibid., for the figure “1887” . 
6Ibid., for the word “annual”. 
7Ibid. 
8Substituted for the figure “ 1887” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published 
in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 8: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
9Substituted for the figure “II” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 8: it came into force on 14 Aug ust 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated : 20 
April 2010, pp. 267-316, s. 96. 
Land Revenue Act, 
1
[1967 (XVII of 1967)], shall, in so far as they are applicable, apply to the 
proceedings of Revenue-officer under this Act. 
20.  Appearance of legal pr actitioners forbidden.– No legal practitioner shall  appear 
on behalf of any party interested in any proceeding before a Revenue-officer under this Act. 
Explanation.– The term “legal practitioner” includes a mukhtar. 
21.  Jurisdiction of Civil Courts exclud ed.– (1) A Civil Court shall not have  jurisdiction 
in any matter which the 
2
[Provincial Government] or a Revenue-officer is empowered by this 
Act to dispose of. 
(2)  No Civil Court shall take cogni sance of the manner in which the 
3
[Provincial 
Government] or any Revenue-officer exercises any power vested in it or in him by or under 
this Act. 
4
[21-A.  Civil Court to send copy of decree or order to 
5
[Collector].– (1) 
Notwithstanding anything contained in the  Code of Civil Procedure
6
 or in any other Act for 
the time being in force, every Civil Court which passes a decree or order involving (1) the 
permanent alienation of his land by a member of an agricultural tribe, or (2) the mortgage by 
a member of an agricultural tribe of his land when the mortgagee is not a member of the 
same tribe or of a tribe in the same group, shall send to the 
7
[Collector] a copy of such 
decree or order. 
(2)  Action to be taken by 
8
[Collector] when decree or order passed contrary 
to Act.– When it appears to the 
9
[Collector] that any Civil Court has, either before or after the 
date when this section comes into operation, passed a decree or order contrary to any of the 
provisions of this Act, the 
10
[Collector] may apply for the revision of such decree or order to 
the Court, if any, to which an appeal would lie from such decree or order or in which an 
appeal could have been instituted at the time when the decree or order was passed , or in 
                                                
1Ibid., for the figure “1887”. 
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
3Ibid. 
4Added by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and 
its Dependencies, dated: 9 May 1907, pp. 67-69, s. 9. 
5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
6XIV of 1882, subsequently replaced the Code of Civil Procedure, 1908 (V of 1908). 
7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came  into force on 20 April 2011, vide 
notification published in the Punjab Gazette  (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001 , pp. 1767-1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), publishe d in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
8Ibid. 
9Ibid. 
10Ibid. 
any other case to the 
1
[High Court]. And when the Court finds that such decree or order is 
contrary to any of the provisions of this Act it shall alter it so as to make it consistent with this 
Act. Such application shall be made within two months of the date upon which the 
2
[Collector] is informed of such decree or order. 
(3)  When any such Appell ate Court passes an order rejecting such application 
the 
3
[Collector] may, within two months after the date upon which he is informed of such 
order, apply to the 
4
[High Court] for revision thereof. 
(4)  Every Civil Court which passes an order on any applica tion made under this 
section shall forthwith send a copy thereof to the 
5
[Collector]. 
(5)  No stamp shall be required upon such applications, and the provisions of the 
Code of Civil Procedure
6
 as regards appeals shall apply so far as may be to the procedure of 
the Court on receipt of such application. 
Provided that no appearance by or on behalf of the 
7
[Collector] shall be deemed 
necessary for the disposal of the application.] 
8
[22.  Addition to section 77, Act XVI, 1887.–* * * * * * * *] 
23.  Exercise of powers of 
1
[Collector].– The powers conferred  by this  Act upon a 
2
[Collector] may be exercised by a Revenue -officer of higher rank, or by any officer 
authorised by the 
3
[Board of Revenue] in this behalf. 
                                                
1Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of 
India, dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. 
2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 404 3-4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment)  Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republ ic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
3Ibid. 
4Substituted for the words  “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of 
India, dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. 
5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 20 11 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earli er substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2 001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
6XIV of 1882, subsequently repealed by the Code of Civil Procedure, 1908 (V of 1908). 
7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
8Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1 -20, s. 2 read 
with the Schedule. 
24.  Exemption.– The 
4
[Board of Revenue], 
5
[* * *] ,  may, by notification in  the 
6
[Official 
Gazette], exempt any district or part of a district or any person or class of persons from the 
operation of this Act or of any of the provisions thereof. 
25.  Power to make rules .– (1) The  
7
[Provincial Government] may make rules for  
carrying into effect the purposes of this Act. 
(2)  In particular and without prejudice to the generality of the foregoing power, 
the 
8
[Provincial Government] may make rules prescribing the Re venue-officers to whom 
applications may be made, and the manner and form in which such applications shall be 
made and disposed of. 
 
                                                                                                                                                  
1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011 ), published 
in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide 
notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted  for the 
words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in 
the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the 
said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the 
Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 
April 2010, pp. 267-316, s. 96. 
2Ibid. 
3Substituted for  the  words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 
1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 rea d with the Third 
Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the 
Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1  April 
1937, pp. 75-344, Article 4 read with the Table of General Adaptations. 
4Ibid. 
5The words “with the previous sanction of the Governor -General in Council” were omitted by the Devolution Act (XXXVIII of 
1920), published in the Government Gazette Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 read 
with the First Schedule. 
6Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, 
published in the Gazette of India  (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General 
Adaptations. 
7Ibid., for the words “Local Government”. 
8Ibid.

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56 citations to other instruments5 citations from other laws26 internal provision references4 explicit external provision references

Instruments cited by this law 10

PUNJAB LAND REVENUE ACT, 1967

Cites this instrument · 2 occurrences

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oduce of land 16. Execution-sale of land forbidden 17. Registration 18. Record-of-rights and periodical record 19. Application of certain provisions of the Punjab Land Revenue Act, 1967 (XVII of 1967) 20. Appearance of legal practitioners forbidden 21. Jurisdiction of Civil Courts excluded 21-A. Civil Court to send copy of decree or order to Collector Action to be taken by Collector when decree or or

PUNJAB ALIENATION OF LAND ACT, 1900

Section 1. Short title, extent and commencement

Section 2. Definitions

[9] Section 2A. Application of Act to sections 53 and 54, Act XVI, 1887

Section 3. Sanction of 1[Collector] required to certain permanent alienations

[8] Section 3A. Sanction of 1[Collector] required for an alienation to an agriculturist creditor in certain cases

Section 7. Rules applying to permitted mortgages

[8] Section 3B. Ejectment of alienee

Section 3C. Appeal

Section 4. Agricultural tribes

Section 5. Saving for rights in land alienated

Section 6. Forms of mortgage permitted in certain cases

Section 8. Conditions in permitted mortgages

[7] Section 8A. Injury to land not permitted

Section 9. Power to revise mortgage made in form not permitted

Section 10. Future mortgage by way of conditional sale not permitted

Section 11. Leases and farms

Section 12. Restriction on power to make further temporary alienation

Section 13. Ejectment of mortgagee, lessee or farmer remaining in possession after term

Section 13A. Benami transactions intended to evade the provisions of the Act to be void

Section 13B. Appeals

Section 13C. Revision

Section 13D. Limitation for appeal

[7] Section 13E. Bar to jurisdiction of civil courts

Section 14. Effect of permanent alienation made without sanction

Section 15. Sanction of 3[Collector] required to certain alienations of, or charges on, produce of land

Section 16. Execution-sale of land forbidden

Section 17. Registration

Section 18. Record-of-rights and 2[periodical] record

Section 19. Application of certain provisions of the Punjab Land Revenue Act, 8[1967 (XVII of 1967)]

Section 20. Appearance of legal practitioners forbidden

Section 21. Jurisdiction of Civil Courts excluded

[4] Section 21A. Civil Court to send copy of decree or order to 5[Collector]

[8] Section 22. Addition to section 77, Act XVI, 1887

Section 23. Exercise of powers of 1[Collector]

Section 24. Exemption

Section 25. Power to make rules

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Section 5

Section 6

Section 3A

Section 3

Section 3B

Section 6

Section 6

Section 6

Section 6

Section 6

Section 6

Section 11

Section 12

Section 4

Section 13A

Section 4

Section 13

Section 13

Section 5

Section 13

Section 3

Section 6

Section 6

Section 13D

Section 4

Section 77

Section 4 of PUNJAB TENANCY ACT, 1887

Explicit source reference

Target heading · PUNJAB TENANCY ACT, 1887

Section 4 of PUNJAB TENANCY ACT, 1887

Explicit source reference

Target heading · PUNJAB TENANCY ACT, 1887

Section 2(6) of Punjab Regulation of Accounts Act, 1930

Explicit source reference

Section 2 of Punjab Regulation of Accounts Act, 1930

Explicit source reference

Section 6 of PUNJAB ALIENATION OF LAND ACT, 1900

Explicit source reference

Target heading · PUNJAB ALIENATION OF LAND ACT, 1900

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in its full context.