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  "id": "punjab-code-225390088b0c4520",
  "title": "PUNJAB ALIENATION OF LAND ACT, 1900",
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  "text": "``  \r\nPunjab Alienation of Land \r\n1900: Act XIII \r\nCONTENTS \r\nPreliminary \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n2-A. Application of Act to sections 53 and 54, Act XVI, 1887 \r\nPermanent Alienation of Land \r\n3. Sanction of Collector  required to certain permanent alienations \r\n3-A. Sanction of Collector required for an alienation to an agriculturist creditor in \r\ncertain cases \r\n3-B. Ejectment of alienee \r\n3-C. Appeal \r\n4. Agricultural tribes \r\n5. Saving for rights in land alienated \r\nTemporary Alienation of Land \r\n6. Forms of mortgage permitted in certain cases \r\n7. Rules applying to permitted mortgages \r\n8. Conditions in permitted mortgages \r\n8-A. Injury to land not permitted \r\n9. Power to revise mortgage made in form not permitted \r\n10. Future mortgage by way of conditional sale not permitted \r\n11. Leases and farms \r\n12. Restriction on power to make further temporary alienation \r\n13. Ejectment of mortgagee, lessee or farmer remaining in possession after term \r\nIII-A.  Benami Transactions \r\n13-A. Benami transactions intended to evade the provisions of the Act to be void \r\n13-B. Appeals \r\n(XIII of 1900) \r\nTHE PUNJAB ALIENATION OF LAND ACT, 1900 \r\n13-C. Revision \r\n13-D. Limitation for appeal \r\n13-E. Bar to jurisdiction of civil courts \r\nGeneral Provisions \r\n 14. Effect of permanent alienation made without sanction \r\n 15. Sanction of Collector required to certain alienations of, or charges on, produce \r\nof land \r\n 16. Execution-sale of land forbidden \r\n 17. Registration \r\n 18. Record-of-rights and periodical record \r\n 19. Application of certain provisions of the Punjab Land Revenue Act, 1967 (XVII of \r\n1967) \r\n 20. Appearance of legal practitioners forbidden \r\n21. Jurisdiction of Civil Courts excluded \r\n21-A. Civil Court to send copy of decree or order to Collector  \r\nAction to be taken by Collector when decree or order passed contrary to Act \r\n22. Repealed \r\n23. Exercise of powers of Collector \r\n24. Exemption \r\n25. Power to make rules \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB ALIENATION OF LAND ACT, 1900 \r\n(XIII of 1900) \r\n[25 October 1900] \r\nAn \r\nAct \r\nto amend the law relating to agricultural land in the Punjab. \r\nWHEREAS it is expedient to amend the law relating to agricultural land in the Punjab; It \r\nis hereby enacted as follows:– \r\nPreliminary \r\n1. Short title, extent and commencement .– (1) This Act may be called the  \r\n2\r\n[\r\n3\r\n[*] \r\nPunjab] Alienation of Land Act, \r\n4\r\n[*]. \r\n5\r\n[(2) It extends to \r\n6\r\n[the Punjab] \r\n7\r\n[* *] \r\n8\r\n[* * *] \r\n9\r\n[*]. ] \r\n(3)  It shall  come  into  force  on  such  day\r\n10\r\n  as  the  \r\n11\r\n[\r\n12\r\n[Provincial] Government] \r\nmay, by notification in the \r\n1\r\n[Official Gazette], direct. \r\n                                                \r\n1This Act was published in the Government Gazette, Punjab and i ts Dependencies, dated: 25 October 1900, pp. 33 -36. For \r\nStatement of Objects and Reasons, see Gazette of India, 1899, Part V, p. 135; for report of the Select Committee, see ibid., \r\n1900, 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 \r\nibid.,1900, pp. 168, 177 and 193. \r\n2Substituted for the word “Punjab” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n3The word “West” was deleted by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in the Punjab \r\nGazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force \r\non 14 August 1973. \r\n4The figure “1900” was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5Substituted ibid. \r\n6Substituted for the words “West Punjab” by the Federal Laws (Revision and Declaration) Act, 1951(XXVI of 1951); assented to \r\nby the Governor General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, \r\npp. 340-388, s. 8. \r\n7The words “and the” become redundant and deemed to be omitted by virtue of omission of the words “North-West Frontier” by \r\nthe Punjab Laws (Adaptat ion) Order, 1974 (Pb. O. No. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated: 20 \r\nNovember 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force on 14 August 1973. \r\n8The words “North-West Frontier” were deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published \r\nin the Punjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425-PP, Article 2 read with the Schedule: it \r\ncame into force on 14 August 1973. \r\n9The word “Province ” was omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 \r\nread with the Second Schedule: it came into force on 14 October 1955. \r\n10It came into force on 8 June 1901, see the Gazette of India, 1901, Part I, p. 382. \r\n11Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n12Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (P b. O. No. 1 of 1974), published in t he \r\nPunjab Gazette (Extraordinary), dated: 20 November 1974, pp. 1425 -A to 1425 -PP, Article 2 read with the Schedule: it came \r\ninto force on 14 August 1973. \r\n2.  Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n \r\n2\r\n[(1) * * * * * * * * * * * * * * * * * *] \r\n3\r\n[* * * * * * * * * * * * * * * * * *] \r\n(2)  all expressions which are defined by section 4 of the Punjab Tenancy Act, \r\n1887\r\n4\r\n, or by section \r\n5\r\n[4] of the Punjab Land Revenue Act, \r\n6\r\n[1967 (XVII of 1967)], shall, \r\nsubject to the provisions of this Act, have the meanings assigned to them in the said \r\nsections respectively; and the expressions “record -of-rights” and “\r\n7\r\n[periodical] record” shall \r\nhave the meanings assigned to them respectively in Chapter \r\n8\r\n[VI] of the said last-mentioned \r\nAct; \r\n \r\n9\r\n[(2A) “Collector” means the Collector of a District appointed under the P unjab Land \r\nRevenue Act, 1967 (XVII of 1967) and includes an officer authorized by the Government to \r\nexercise the powers of the Collector; \r\n(2B) “Commissioner” means a Commissioner of a Division appointed under the \r\nPunjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional Commissioner;]  \r\n(3)  the expression “land” means land which is not occupied as the site of any \r\nbuilding in a town or village and is occupied or let for agricultural purposes or for purposes \r\nsubservient to agriculture or for pasture, and includes– \r\n(a) the sites of buildings and other structures on such land; \r\n(b) a share in the profits of an estate or holding; \r\n(c) any dues or any fixed percentage of the land -revenue payable by an \r\ninferior landowner to a superior landowner; \r\n(d) a right to receive rent;\r\n \r\n \r\n(e) any right to water enjoyed by the owner or occupier of land as such;\r\n \r\n10\r\n[*] \r\n11\r\n[(f) any right of occupancy \r\n1\r\n[;] \r\n2\r\n[and] ] \r\n                                                                                                                                                  \r\n1Substituted for the words  “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Governmen t Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. \r\n3Proviso was repealed ibid. \r\n4XVI of 1887. \r\n5Substituted for the figure “3” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 2: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n6Ibid., for the figure “1887”. \r\n7Ibid., for the word “annual”. \r\n8Ibid., for the figure “IV”. \r\n9Inserted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 \r\nApril 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, vide notification published in the Punjab Gazette \r\n(Extraordinary), dated: 16 April 2011, p. 4081. \r\n10The word “and” was omitted by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 1936), published in the \r\nGovernment Gazette (Extraordinary) Punjab and its Dependencies, dated: 4 January 1937, p. 1, s. 2. \r\n11Added by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and \r\nits Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. \r\n3\r\n[(g) all trees standing on such land.] \r\n4\r\n[(4) the expression ‘permanent alienation’ includes sales, exchanges, gifts, wills \r\nand grants of occupancy rights;] \r\n(5)  the expression “usufructuary mortgage” means a mortgage by which the \r\nmortgagor delivers possession of the mortgaged land to the mortgagee and authorises him \r\nto retain such posse ssion until payment of the mortgage -money, and to receive the rents \r\nand profits of the land and to appropriate them in lieu of interest or in payment of the \r\nmortgage-money or partly in lieu of interest and partly in payment of the mortgage - money; \r\n5\r\n[*] \r\n(6)  the expression “conditional sale” includes any agreement whereby in default \r\nof payment of the mortgage -money or interest at a certain time the land will be absolutely \r\ntransferred to the mortgagee. \r\n6\r\n[(7) “Alienor” includes any person transferring an inter est in land by sale, \r\nexchange, gift, will, mortgage, lease or farm, and lawful heirs and successors of any such \r\nperson.] \r\n7\r\n[(8) “\r\n8\r\n[District Officer (Revenue)]”  * * * * * * * * * *] \r\n9\r\n[2-A.  Application of Act to sections 53 and 54, Act XVI, 1887 .– Notwithstanding \r\nanything contained in sections 53 and 54 of the Punjab Tenancy Act, 1887\r\n10\r\n, when a landlord \r\nmakes a claim to exercise the rights thereby conferred upon him the provisions of this Act \r\nshall apply thereto.] \r\nPermanent Alienation of Land \r\n                                                                                                                                                  \r\n1Substituted for the “colon” by the Punjab Alienation of Land (Amendment) Act, 1936 (VII of 19 36), published in the \r\nGovernment Gazette (Extraordinary) Punjab and its Dependencies, dated: 4 January 1937, p. 1, s. 2. \r\n2Inserted ibid. \r\n3Added ibid. \r\n4Substituted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 2. \r\n5The word “and” deemed to be deleted by virtue of addition of clauses (7) and (8) by the Punjab Alienation of Land (Second \r\nAmendment) Act, 1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. \r\n37-38 , s. 3. \r\n6Added ibid. \r\n7Omitted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: 14 \r\nApril 2011, pp. 4043 -4047, s. 6: it came  into force on 20 April 2011, vide notification published in the Punjab Gazette \r\n(Extraordinary), dated: 16 April 2011, p. 4081. It was earlier added by the Punjab Alienation of Land (Second Amendment) Act, \r\n1938 (X of 1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 3. \r\n8Substituted for the words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of \r\n2001), published in the Punjab Gazette (Extraordinary), dated: 7 November  2001,  pp. 1767-1768,  s. 3:  it came  into  force on \r\n14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as \r\nsubstituted by the Constitution (Eighteenth Amendment) Act, 2010 (X  of 2010), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n9Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 3. \r\n10India Act XVI of 1887. \r\n3.  Sanction of \r\n1\r\n[Collector] required to certain permanent alienations.– (1) \r\n2\r\n[Save as \r\nis hereinafter provided a] person who desires to make a permanent  alienation of his land \r\nshall be at liberty to make such alienation where – \r\n(a) the alienor is not a member of an agricultural tribe; or \r\n3\r\n[(b) * * * * * * * * * * * * * * * * * *] \r\n(c) the alienor is a member of an agricultural tribe and the alienee is a member of \r\nthe same tribe or of a tribe in the same group. \r\n4\r\n[* * * * * * * * * * * * * * * * * * *] \r\n(2)  Except in the cases provided for in sub -section (1), a permanent alienation of \r\nland shall not take effect as such unless and until sanction is given thereto by a \r\n5\r\n[Collector]: \r\n6\r\n[Provided that– \r\n(1)  sanction may be given after the act of alienation is otherwise completed; and \r\n(2)  sanction shall not be necessary in the case of– \r\n(a) a sale of a right of occupancy by a tenant to his landlord, or \r\n(b) a gift made in good faith for a religious or charitable purpos e, whether \r\ninter vivos or by will.] \r\n(3)  The \r\n7\r\n[Collector] shall inquire into the circumstances of the alienation and shall \r\nhave discretion to grant or refuse the sanction required by sub-section (2). \r\n \r\n8\r\n[3-A.  Sanction of \r\n1\r\n[Collector] required for an alienation to an agriculturist creditor in \r\ncertain cases.– Except with the sanction of the  \r\n2\r\n[Collector] as provided for in this Act no \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinan ce, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pa kistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Substituted for the word “A” by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the \r\nGovernment Gazette (Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 2. \r\n3Repealed by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Pun jab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 4. \r\n4Proviso was repealed ibid. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab A lienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Const itution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n6Substituted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 4. \r\n7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of  2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substi tuted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n8Inserted by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette \r\n(Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 3. \r\nmember of an agricultural tribe shall make \r\n3\r\n[an alienation] of his land to a member of the \r\nsame tribe or of a tribe in the same group who being a creditor has advanced to such person \r\nany loan, until such loan has been repaid or settled in full by the debtor and a period of three \r\nyears has elapsed since repayment  of settlement; provided that if the \r\n4\r\n[Collector] after \r\nmaking such enquiries from the parties concerned as may be prescribed in this behalf by the \r\n5\r\n[Board of Revenue], finds that an alienation has been made by a debtor to a person other \r\nthan his creditor the effect of which is to pass the beneficial interest to such creditor in \r\nevasion of the provisions of this section, he shall, after recording his reasons by order in \r\nwriting, declare the alienation void and shall eject any person in occupation of the land by \r\nvirtue of such alienation and shall place the alienor in possession thereof. \r\nExplanation.– In this section– \r\n6\r\n[(1) “An alienation” means a permanent alienation or a n alienation in any form \r\nother than those permitted by section 6 of this Act.] \r\n(2) The term “creditor” means a person or a firm carrying on the business of \r\nadvancing loans and shall include the legal representative and the successor -in-interest \r\nwhether by inheritance, assignment or otherwise, of such person or firm. \r\n(3) The terms “creditor” and “debtor” shall be deemed to include their husbands \r\nor wives as the case may be and all persons (including their husbands or wives as the case \r\nmay be) who are descend ed from the grandfather of such creditor or debtor  as the case \r\nmay be. \r\n(4) The term “loan” means an advance whether secured or unsecured  of  money  \r\nor  in kind at interest [as defined in section 2(6) of the Punjab Regulation of Accounts Act, \r\n1930\r\n7\r\n] and shall include any transaction which \r\n8\r\n[the court or the \r\n1\r\n[Collector], as the case may \r\nbe] finds to be in substance a loan, but it shall not include– \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extr aordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001,  pp. 1767-1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published  in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Substituted for the words “a permanent alienation” by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of \r\n1938), published in the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 2. \r\n4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.  4043-4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary),  dated:  16  April  2011, p. 4081. It  was  earlier  substituted  for  \r\nthe words “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published \r\nin the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of th e Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n5Substituted for the words “Provincial Governme nt”  by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third \r\nSchedule: it came into force on 14 October 1955. \r\n6Substituted by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published in the Government \r\nGazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 2. \r\n7I of 1930.  \r\n8Substituted for the words “a court” by the Punjab Alienation  of Land (Amendment) Act, 1940 (VIII of 1940), published in \r\nGovernment Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 2. \r\n(i) an advance in kind made by a landlord to his tenant for the purposes \r\nof husbandry; provided the market value of the return in kind does not \r\nexceed the market value of the advance as estimated at the time of \r\nthe advance; \r\n(ii) a deposit of money or other property in a Government Post Office \r\nBank, or any other Bank, or with a Company, or with a Co -operative \r\nSociety or with any employer as security from his employees; \r\n(iii) a loan to, or by, or a deposit with any society or association registered \r\nunder the Societies Registration Act, 1860\r\n2\r\n, or under any other \r\nenactment; \r\n(iv) a loan advanced by or to the Central\r\n3\r\n or any Provincial Government or \r\nby or to any local body under the authority of the Central\r\n4\r\n or any \r\nProvincial Government; \r\n(v) a loan advanced by a Bank, a Co -operative Society or a Company \r\nwhose accounts are subject to audit by a certificated auditor under the \r\n5\r\n[Companies Ordinance, 1984]; \r\n(vi) a loan advanced by a trader to a trader, in the regular course of \r\nbusiness, in accordance with trade usage; \r\n (vii) an advance made on the basis of a negotiable instrument as defined \r\nin the Negotiable Instruments Act , 1881\r\n6\r\n, other than a promissory \r\nnote. \r\n(5)  The terms “Bank”, “Company”, “Co -operative Societies” and “Traders” shall \r\nhave the same meanings as are assigned to them in section 2 of the Punjab Regulation of \r\nAccounts Act, 1930\r\n7\r\n.] \r\n  \r\n8\r\n[3-B.  Ejectment of alienee.– In case of any resistance to an order of ejectment passed  \r\nunder the provisions of section 3-A, the \r\n1\r\n[Collector] may exercise all the powers conferred on \r\na civil court by rules 97 and 98 of Order XXI of the Code of Civil Procedure. \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011),  published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted f or the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution  of  the  Islamic  Republic  of  Pakistan,  as  substituted by \r\nthe Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2XXI of 1860. \r\n3Now ‘Federal’, see by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan \r\n(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptions. \r\n4Ibid. \r\n5Substituted for the expression “Indian Companies Act, 1913”  by the Punjab Alienation of Land (Amendment) Ordinance, 2001 \r\n(XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 4: it c ame into \r\nforce on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of \r\nPakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of \r\nPakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n6XXVI of 1881. \r\n7I of 1930. \r\n8Sections 3-B and 3-C were inserted  by the Punjab Alienation of Land (Fourth Amendment) Act, 1938 (VIII of 1938), published \r\nin the Government Gazette (Extraordinary) Punjab, dated: 6 December 1938, p. 161, s. 3. \r\n3-C.  Appeal.– Any person aggrieved by an order of the  \r\n2\r\n[Collector] under section 3 -A or \r\nsection 3-B may appeal to the \r\n3\r\n[Commissioner], provided that no appeal shall lie unless the \r\nappeal is instituted within thirty days of the order appealed against, excluding days required \r\nfor obtaining copies of the order.] \r\n4.  Agricultural   tribes.– \r\n4\r\n[(1)]   The   \r\n5\r\n[Board   of   Revenue]  shall, by notification in the \r\n6\r\n[Official Gazette] \r\n7\r\n[* * *  * * * * * * * * ], determine what bodies of persons in any district or \r\ngroup of districts are to be deemed to be agricultural tribes or groups of agricultural tribes for \r\nthe purposes of this Act. \r\n8\r\n[(2) If any question or doubt should arise as to whether a person is or is not a \r\nmember of a notified agricultural tribe, the \r\n9\r\n[Collector] shall after such enquiry as may be \r\nprescribed determine whether that person is to be deemed to be a member of the said \r\nagricultural tribe for the purposes of this Act. \r\n(3)  In passing an order under the above sub -section the \r\n10\r\n[Collector] shall not be \r\nbound by any decree of a Civil Court, and may review any order previously passed under \r\nthat sub-section: \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, a s substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96. They were earlier substituted for the word “Collector” by the Punjab Alienation of Land \r\n(Amendment) Act, 1940 (VIII of 1940), published in Government Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263 -\r\n264, s. 3. \r\n2Ibid. \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001: the said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n4Renumbered by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government \r\nGazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 4. \r\n5Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of   Laws) Act, 1957  (XVI of \r\n1957),  published  in  the  Gazette  of  West  Pakistan  (Extraordinary),  \r\ndated: 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 \r\nsubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Tabl e of General \r\nAdaptations. \r\n7The words “published with the previous sanction of the Governor General in Council” were repealed  by the Punjab Alienation \r\nof Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and its Dependencie s, dated: 9 May \r\n1907, pp. 67-69, s. 5. \r\n8Added  by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of 1938), published in the Government Gazette \r\n(Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 4. \r\n9Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 N ovember 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 201 0), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n10Ibid. \r\nProvided that nothing in this section shall affect a decree passed in a suit instituted \r\nbefore the 15th June, 1938.] \r\n5.  Saving for rights in land alienate d.– When a  \r\n1\r\n[Collector] sanctions a permanent \r\nalienation of land, his order shall not be taken to decide or affect any question of title, or any \r\nquestion relating to any reversionary right or right of pre-emption. \r\nTemporary Alienation of Land \r\n6.  Forms of mortgage permitted in certain cases.– (1) If a member of an  agricultural \r\ntribe mortgages his land and the mortgagee is not a member of the same tribe, or of a tribe \r\nin the same group, the mortgage shall be made in one of the following forms: \r\n(a) in the  form of a usufructuary mortgage, by which the mortgagor delivers \r\npossession of the land to the mortgagee and authori zes him to retain such \r\npossession and to receive the rents and profits of the land in lieu of interest \r\nand towards payment of the principal , on condition that after the expiry of the \r\nterm agreed on, or (if no term is agreed on, or if the term agreed on exceeds \r\ntwenty years) after the expiry of twenty years, the land shall be re-delivered to \r\nthe mortgagor; or \r\n(b) in the form of a mortgage with out possession, subject to the condition that, if \r\nthe mortgagor fails to pay principal and interest according to his contract, the \r\nmortgagee may apply to the \r\n2\r\n[Collector] to place him in possession for such \r\nterm, not exceeding twenty years, as the \r\n3\r\n[Collector] may consider to be \r\nequitable, the mortgage to be treated as a usufructuary mortgage for the term \r\nof the mortgagee’s possession and for such sum as may be due to the \r\nmortgagee on account of the balance of principal due and of interest due not \r\nexceeding the amount claimable as simple interest at such rate and for such \r\nperiod as the \r\n4\r\n[Collector] thinks reasonable; or \r\n(c) in the form of a written usufructuary mortgage by which the mortgagor \r\nrecognises the mortgagee as a landlord and himself remains in cult ivating \r\noccupancy of the land as a tenant subject to the payment of rent at such rate \r\nas may be agreed upon not exceeding sixteen annas per rupee of the amount \r\nof the land -revenue in addition to the amount of the land -revenue of the \r\ntenancy and the rates a nd cesses chargeable thereon and for such term as \r\nmay be agreed on, the mortgagor having no right to alienate his right of \r\ncultivating occupancy and the mortgagee having no right to eject the \r\nmortgagor unless on the grounds mentioned in section 39 of the P unjab \r\nTenancy Act, 1887\r\n5\r\n; or \r\n                                                \r\n1Ibid. \r\n2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under A rticle 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n3Ibid. \r\n4Ibid. \r\n5XVI of 1887. \r\n(d) in any form which the \r\n1\r\n[Board of Revenue] may, by general or special order, \r\npermit to be used. \r\n(2)  If in the case of a mortgage in form (c) the mortgagor is ejected or \r\nrelinquishes or abandons cultivating occupancy of the land, the mortgage shall take effect as \r\na usufructuary mortgage in form (a) for such term not exceeding twenty years from the date \r\nof ejectment, relinquishment or abandonment, and for such sum of money as the \r\n2\r\n[Collector] \r\nconsiders to be reasonable. \r\n3\r\n[(3) The \r\n4\r\n[Collector], if he accepts the application of a mortgagee under sub -\r\nsection (1) (b) , shall have power to eject the mortgagor, an d as against the mortgagor to \r\nplace the mortgagee in possession.] \r\n7.  Rules applying to permitted mortgages .– In the case of mortgages made under \r\nsection 6– \r\n(1)  no interest shall accrue during the period for which the mortgagee is in \r\npossession of the land or in receipt of rent; \r\n(2)  if the mortgage is in form (a) or form (b), then at the end of such period of \r\npossession the mortgage debt shall be extinguished; \r\n(3)  the mortgagor may redeem his land at any time during the currency of the \r\nmortgage, on payment of the mortgage-debt or, in the case of a mortgage in form (a) or form \r\n(b), of such proportion of the mortgage -debt as the \r\n5\r\n[Collector] determines to be equitable; \r\nand \r\n(4)  in the case of a usufructuary mortgage, the mortgagor shall not be deemed to \r\nbind himself personally to repay the mortgage-money; \r\n6\r\n[(5) if a mortgagor who has applied to the \r\n1\r\n[Collector] under sub-section (3) proves \r\nto the satisfaction of the \r\n2\r\n[Collector] that he has paid the mortgage-debt or such proportion of \r\n                                                \r\n1Substituted for the words “Provincial Government” by the West Pakistan  (Adaptation  and  Repeal  \r\nof Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. \r\n3 read with the Third Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local \r\nGovernment” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extra ordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: it \r\ncame into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic \r\nRepublic of Pakistan, as substituted by the Constitution (Eighteenth Amendm ent) Act, 2010 (X of 2010), published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n3Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 6. \r\n4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : i t came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 200 1 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: it \r\ncame into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitutio n of the Islamic \r\nRepublic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n5Ibid. \r\n6Inserted by the Punjab Alienatio n of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 7. \r\nthe mortgage-debt as the \r\n3\r\n[Collector] has determined to be equitable, or deposits with the \r\n4\r\n[Collector] the amount of such mortgage -debt or of such proportion thereof, the redemption \r\nof the land sha ll be deemed to have taken place, and the \r\n5\r\n[Collector] shall have power to \r\neject the mortgagee, if in   possession, and as against the mortgagee to place the mortgagor \r\nin possession.] \r\n8.  Conditions in permitted mortgages.– (1) In a mortgage made under sec tion 6, the \r\nfollowing conditions may be added by agreement between the parties:– \r\n(a) a condition fixing the time of the agricultural year at which a mortgagor \r\nredeeming his land may resume possession thereof; \r\n(b) conditions limiting the right of a mortgagor or mortgagee in possession to cut, \r\nsell or mortgage trees or to do any act affecting the permanent value of the \r\nland; and \r\n(c) any condition which the \r\n6\r\n[Board of Revenue] by general or special order may \r\ndeclare to be admissible. \r\n(2)  In mortgages made under section 6 any condition not permitted by or under \r\nthis Act shall be null and void. \r\n  \r\n7\r\n[8-A.  Injury to land not permitted.– The express permission in writing of an owner of land \r\nattested by a revenue officer shall be necessary in order to enable a mo rtgagee or lessee or \r\nperson holding a farm thereof, to commit any act which is destructive of, or permanently \r\ninjurious to, the land for purposes of agriculture : and no court, or Official Receiver acting or \r\npurporting to act on behalf of the owner, shall b e empowered to give such permission \r\nwithout the consent in writing of the owner, or the insolvent, as the case may be. \r\nExplanation.– The word “owner” in this section shall include any other person authorized by \r\nlaw to act in this behalf.] \r\n9.  Power to revi se mortgage made in form not permitted .– (1) If a member of an  \r\nagricultural tribe makes a mortgage of his land in any manner or form not permitted by or \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2 011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substitu ted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: it \r\ncame into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic \r\nRepublic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third \r\nSchedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the \r\nGovernment of India (Adaptation of Indian Laws) Order , 1937, published in the Gazette of India (Extraordinary), dated: 1 April \r\n1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Inserted by the Punjab Alienation of Land (Amendment) Act, 1938 (II of 1938), published in the Government Gazette \r\n(Extraordinary) Punjab, dated: 16 June 1938, p. 80, s. 2. \r\nunder this Act, the \r\n1\r\n[Collector] shall have authority to revise and alter the terms of the \r\nmortgage so as to bring it into accordance with such form of mortgage permitted by or under \r\nthis Act as the mortgagee appears to him to be equitably entitled to claim. \r\n(2)  If a member of an agricu ltural tribe has before the commencement of this Act \r\nmade a mortgage of his land in which there is a condition intended to operate by way of \r\nconditional sale, the \r\n2\r\n[Collector] shall be empowered at any time during the currency of the \r\nmortgage to put the mo rtgagee to his election whether he will agree to the said condition \r\nbeing struck out, or to accept in lieu of the said mortgage a mortgage which may at the \r\nmortgagee’s option be either in form (a) or in form (b) as permitted by section 6 and which \r\nshall be made for such period not exceeding the period permitted by the said section and for \r\nsuch sum of money as the \r\n3\r\n[Collector] considers to be reasonable. \r\n(3)  If proceedings for the enforcement of a condition intended to operate by way \r\nof conditional sale are instituted or are pending at the commencement of this Act in any Civil \r\nCourt, or if a suit is instituted in any Civil Court on a mortgage to which sub -section (1) or \r\nsub-section (2) applies , the Court shall refer the case to the \r\n4\r\n[Collector] with a view t o the \r\nexercise of the power conferred by the sub-section applying thereto. \r\n5\r\n[(4) When a mortgagee put to his election under sub -section (2) agrees to accept in \r\nlieu of his mortgage a mortgage in form (a) or in form (b) as permitted by section 6 for the \r\nperiod and for the sum of money considered by the \r\n6\r\n[Collector] to be reasonable, and the \r\nmortgagor cannot be found, or fails to appear when duly served with notice to do so, or \r\nrefuses or neglects to execute such mortgage, the \r\n7\r\n[Collector] shall have authority to execute \r\nsuch mortgage on such terms as to costs as he may fix, and the mortgage so executed shall \r\nhave effect as if it had been executed by the mortgagor. The \r\n8\r\n[Collector] may for any reason \r\nwhich he deems sufficient set aside any ex-parte proceedings taken under this sub-section.] \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp.  4043-4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendm ent) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Re public of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Ibid. \r\n4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Ex traordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 200 1, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), publish ed in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n5Inserted by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 9 May 1907, pp. 67-69, s. 8. \r\n6Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011,  vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4 081. It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: it \r\ncame into force on 14 August 2001: the said Ordinance was saved under Article 270AA of the Constitution of the Islamic \r\nRepublic of Pakist an, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the \r\nGazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n7Ibid. \r\n8Ibid. \r\n10.  Future mortgage by way of conditional sale not permitted .– In any mortgage  of \r\nland made after the commencement of this Act any condition which is intended to operate by \r\nway of conditional sale shall be null and void. \r\n11.  Leases and farms.– Any member of an agricultural tribe may make a lease or  farm \r\nof his land for any term not exceeding twenty years, and any lease or farm made by a \r\nmember of an agricultural tribe for a longer term than twenty years shall, if the less ee or \r\nfarmer is not a member of the same tribe or of a tribe in the same group, be deemed to be a \r\nlease or farm for the term permitted by this section. \r\n12.  Restriction on power to make further temporary alienation .– (1) During the  \r\ncurrency of a mortgage m ade under section 6 in form (a) or form (b) or of a lease or farm \r\nunder this Act, the owner shall be at liberty to make a further temporary alienation of the \r\nsame land for such term as together with the term of the current mortgage, lease or farm will \r\nmake up a term not exceeding the full term of twenty years. \r\n(2) Any such further temporary alienation, if made for a longer term than is \r\npermitted by this section, shall be deemed to be a temporary alienation for the term \r\npermitted by this section. \r\n13.  Ejectment of mortgagee, lessee or farmer remaining in possession after term.– \r\nIf a mortgagee, lessee or farmer holding possession under a mortgage made under  section \r\n6 or under a lease or farm made under section 11 or under a mortgage, lease or farm made \r\nunder section 12 remains in possession after the expiry of the term for which he is entitled to \r\nhold under his mortgage, lease or farm, the \r\n1\r\n[Collector] may, of his own motion or on the \r\napplication of the person entitled to possession, eject such mortgagee, lessee or farmer and \r\nplace the person so entitled in possession. \r\n2\r\n[III-A.–  Benami Transactions. \r\n13-A.  Benami transactions intended to evade the prov isions of the Act to be void .– \r\n(1) When a sale, exchange, gift, will, mortgage, lease or farm purports to be made either \r\nbefore or after the commencement of the Punjab Alienation of Land (Second Amendment) \r\nAct, 1938, by a member of an agricultural tribe to  a member of the same agricultural tribe or \r\nof a tribe in the same group, but the effect of the transaction is to pass the beneficial interest \r\nto a person who is not a member of the same tribe or of a tribe in the same group, the \r\ntransaction shall be void for all purposes, and the alienor shall be entitled to possession of \r\nthe land so alienated, notwithstanding the fact that he may have himself intended to evade \r\nthe provisions of this Act. \r\nExplanation.– Any alienation made in consequence of a transaction re ndered void by this  \r\nsub-section shall also be deemed void for all purposes. \r\n(2)  If the \r\n1\r\n[Collector] either of his own motion or on the application of the alienor , \r\nis satisfied after making such enquiries as may be prescribed from the parties concerned, \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated : 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette o f Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Heading and sections 13 -A to 13 -D were inserted by the Punjab Alienation of Land (Second Amendment) Act, 1938 (X of \r\n1938), published in the Government Gazette (Extraordinary) Punjab, dated: 28 February 1939, pp. 37-38 , s. 5. \r\nand recording evidence that an alienation is void under the provisions of the preceding sub -\r\nsection he shall by order in writing, after recording his reasons, eject  any person in \r\noccupation of the land under such sale, exchange, gift, will, mortgage, lease or farm and \r\nplace the alienor in possession: \r\nProvided that the \r\n2\r\n[Collector] may, in ordering the ejectment of a person who is a \r\nbona fide transferee for considerat ion before the 20th June, 1938, and is in occupation of \r\nsuch land, allow to any such person, other than the original transferee, compensation for \r\nimprovements (as defined in section 4 of the Punjab Tenancy Act, 1887\r\n3\r\n, effected by him \r\nwhile in occupation, u p to a sum not exceeding in value the consideration for the original \r\ntransaction. Such compensation shall be assessed by the \r\n4\r\n[Collector] on such principles as \r\nmay be prescribed, and shall be deposited by the alienor, and paid to the persons so \r\nejected, in such manner as may be prescribed. \r\n(3)  For the purpose of enforcing an order under sub -section (2) the \r\n5\r\n[Collector] \r\nmay exercise all the powers of a Civil Court conferred by Order 21, Rules 97 and 98 of the \r\nCode of Civil Procedure. \r\n13-B.  Appeals.– An app eal shall lie from any order passed, whether in original or on  \r\nreview by a \r\n6\r\n[Collector] under section 4 or section 13-A, as follows, namely:– \r\n(a)  to the \r\n7\r\n[Commissioner] when the order is passed by the \r\n8\r\n[Collector], \r\n(b)  to the \r\n1\r\n[Board of Revenue] \r\n2\r\n[only on a point of law]  when the order is passed \r\nby the \r\n3\r\n[Commissioner]. \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came  into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXX VI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as su bstituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3XVI of 1887. \r\n4Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n5Ibid. \r\n6Ibid. \r\n7Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043-4047, s. 6: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011,  p. 4081. It  was earlier substituted for \r\nthe words “Commissioner” by the Punjab Alien ation of  Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001: the said \r\nOrdinance was saved under Article 270AA of the Constitu tion of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n8Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazett e (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 Novembe r 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), pu blished in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n13-C. Revision.– The \r\n4\r\n[Board of Revenue] may at any time call for the record of any  \r\nproceedings pending before or disposed of by the \r\n5\r\n[Collector] under section 4  or  section 13-\r\nA and shall pass such orders \r\n                                                                                                                                                  \r\n1Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West  Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third \r\nSchedule: it came into force on 14 October 1955. \r\n2Inserted ibid. \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001:  the said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n4Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 r ead with the Third \r\nSchedule: it came into force on 14 October 1955. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, p p. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amen dment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n \r\nas \r\n1\r\n[it] thinks fit: \r\nProvided that \r\n2\r\n[it] shall not under this section pass  any order reversing or modifying \r\nany such order without giving the persons concerned an opportunity of being heard. \r\n13-D.  Limitation for a ppeal.– The period of limitation for an appeal under section 13 -B, \r\nshall run from the date of the order appealed against and shall be as follows:– \r\n(a) when the appeal lies to the \r\n3\r\n[Commissioner], sixty days, \r\n(b) when the appeal lies to the \r\n4\r\n[Board of Revenue], ninety days. \r\nThe provisions of section 5 and 12 of the \r\n5\r\n[*] Limitation Act, 1908\r\n6\r\n, shall apply for the \r\npurpose of computing the period of limitation.] \r\n  \r\n7\r\n[13-E. Bar to jurisdiction of civil courts.– A civil court shall not have jurisdiction in  any \r\nmatter of which the \r\n8\r\n[Collector] is empowered to dispose under section 13 -A or take \r\ncognizance of the manner in which he exercises any power vested in him by that section.] \r\nGeneral Provisions \r\n14.  Effect of permanent alienation  made without sanction.– Any permanent \r\nalienation which under section 3 \r\n9\r\n[or 3-A] is not to take effect as such until the sanction of a \r\n                                                \r\n1Substituted for the word “he”  by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Third Schedule: it came into force \r\non 14 October 1955. \r\n2Ibid. \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nwords “Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the \r\nPunjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 5: it came into force on 14 August 2001: the said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n4Substituted for the words “Financial Commissioner”  by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Third \r\nSchedule: it came into force on 14 October 1955. \r\n5The word “Indian” was omitted by the Punjab Alienation of Land (Amendment) Ordinance , 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 6: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Paki stan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . However, it had already been omitted by the Punjab Laws (Adaptation, Revi sion and Repeal) \r\nAct, 1954 (XV of 1955), published in the Punjab Gazette (Extraordinary), dated: 21 January 1955, pp. 87-108, s. 2 read with the \r\nFirst Schedule.  \r\n6Now the Limitation Act, 1908 (IX of 1908). \r\n7Inserted by the Punjab Alienation of Land (Amendm ent) Act, 1940 (VIII of 1940), published in Government Gazette \r\n(Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 4. \r\n8Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin th e Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was save d under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n9Inserted  by the Punjab Alienation of Land (Third Amendment) Act, 1938 (V of 1938), published in the Government Gazette \r\n(Extraordinary) Punjab, dated: 17 September 1938, pp. 119-120, s. 4. \r\n1\r\n[Collector] is given thereto shall, until such sanction is given or if such sanction has been \r\nrefused, take effect as a usufructuary mortgage in  form (a) permitted by section 6 for such \r\nterm not exceeding twenty years and on such conditions as the \r\n2\r\n[Collector] considers to be \r\nreasonable. \r\n15.  Sanction of \r\n3\r\n[Collector] required to certain alienations of, or charges on, \r\nproduce of land.– Every agreement whereby a member of an agricultural tribe  purports to \r\nalienate or charge the produce of his land or any part of, or share in, such produce for more \r\nthan one year shall not take effect for more than one year from the date of the agreement \r\nunless the sanction of a \r\n4\r\n[Collector] is given thereto, and shall, until such sanction is given or \r\nif such sanction is refused, take effect as if it had been made for one year. \r\nExplanation.– The produce of land means– \r\n(a) crops and other products of the earth standing or ungathered on the holding; \r\n(b) crops and other products of the earth which have been grown on the land \r\nduring the past year and have been reaped or gathered. \r\n16.  Execution-sale of land forbidden .– (1) No land belonging to a member of an  \r\nagricultural tribe shall be sold in execution of any decree or order of any Civil or Revenue \r\nCourt, whether made before or after the commencement of this Act. \r\n5\r\n[(2) Notwithstanding anything contained in any other enactment for the time being \r\nin force no land belonging to a member of an agricultural tribe shall, in execution of any \r\ndecree or order of any civil or revenue court, whether made before or after the enactment of \r\nthis sub-section, be leased or farmed for a period exceeding 20 years or mortgaged except  \r\nin one of the forms permitted by section 6.] \r\n6\r\n[and, if the land is already under lease, farm or mortgage, the period of the lease, \r\nfarm or mortgage made by the court shall not exceed the period, if any, remaining after the \r\ntotal period of the existing lea se, farm or mortgage is deducted from the period of twenty \r\nyears: \r\nProvided that the period of any lease, farm or mortgage, made by the owner (a) \r\nsubsequent to the institution of the proceedings which have led to the decree or order in \r\nexecution of which th e land is being alienated by the court, or (b) within twelve months, \r\nprevious to the institution of proceedings referred to in (a) above and proved to be of a \r\nfraudulent and collusive character, shall not be so deducted.] \r\n7\r\n[(2-A) Every lease, farm or mortg age made under sub -section (2) shall be \r\ndeterminable at any time by the owner of the land by tendering to the \r\n1\r\n[Collector] an amount \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pak istan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5Inserted by the Punjab Alienation of Land (Amendment) Act, 1931 (I of 1931), published in the Government Gazette \r\n(Extraordinary) Punjab and its Dependencies, dated: 1 July 1931, s. 2. \r\n6Added by the Punjab Alienation of Land (Amendment) Act, 1938 (II of 1938), published in the Government Gazette \r\n(Extraordinary) Punjab, dated: 16 June 1938, p. 80, s. 3. \r\n7Subsections (2-A) to (2-F) were inserted  by the Punjab Alienation o f Land (Amendment) Act, 1940 (VIII of 1940), published in \r\nGovernment Gazette (Extraordinary) Punjab, dated: 7 May 1940, pp. 263-264, s. 5. \r\nwhich shall bear to the amount in consideration for which transfer has been made the same \r\nproportion, as the unexpired period of transfer bears to the total period for which the transfer \r\nhas been made. \r\nExplanation.– Lease includes a temporary alienation of land in satisfaction of a money \r\ndecree. \r\n(2-B) The \r\n2\r\n[Collector] shall give notice to the parties and after hearing them and \r\nrecording such evidence as may be produced shall determine the amount to be tendered \r\nunder sub-section (2-A). \r\n(2-C) When the amount as determined has been deposited with the \r\n3\r\n[Collector] he \r\nshall make an order that the lease, farm or mortgage be immediately determined; that the \r\nowner be put in possession as against the lessee, farmer or mortgagee; and that the amount \r\nin deposit be paid to the person entitled. \r\n(2-D) For the purpose of enforcing an order under sub-section (2-C) the \r\n4\r\n[Collector] \r\nmay exercise all the powers of a civil court conferred by Order XXI, rules 97 and 98 of the \r\nCode of Civil Procedure. \r\n(2-E) A civil court shall not have jurisdiction in any matter of which the \r\n5\r\n[Collector] is \r\nempowered to dispose under sub -sections (2-A), (2-B), (2-C) and (2-D) or take cognizance \r\nof the manner in which he exercises any power vested in him by these sub-sections. \r\n(2-F) The order of the \r\n6\r\n[Collector] shall be subject to appeal or revision in th e \r\nmanner and to the extent prescribed in sections 13 -B and 13 -C and the period of limitation \r\nshall be as laid down in section 13-D.] \r\n \r\n7\r\n[(3)] Nothing in this section shall affect the right of \r\n8\r\n[any Government] to recover \r\narrears of land -revenue, or any dues  which are recoverable as arrears of land -revenue, in \r\nany manner now permitted by law. \r\n17.  Registration.– Notwithstanding anything in the  \r\n9\r\nIndian Registration Act, 1877, or in  \r\nany rules made under section 69 of that Act,– \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), p ublished \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for  the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 Ap ril 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), publish ed in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n7Renumbered by the Punjab Alienation of Land (Amendment) Act, 1931 (I of 1931), published in the Government Gazette \r\n(Extraordinary) Punjab and its Dependencies, dated: 1 July 1931, s. 2. \r\n8Substituted for the words “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n9Now the Registration Act, 1908 (XVI of 1908). \r\n(1)  an instrument which contrave nes any provision of this Act shall not be \r\nadmitted to registration; \r\n(2)  an instrument which records or gives effect to any transaction which requires \r\nthe sanction of a \r\n1\r\n[Collector] shall not be admitted to registration until a certified copy of the \r\norder giving such sanction is produced to the officer empowered to register such instrument. \r\n18.  Record-of-rights and \r\n2\r\n[periodical] record.– (1) Where, by reason of any transaction \r\nwhich under this Act requires the sanction of a \r\n3\r\n[Collector], a person claims to have acquired \r\na right the acquisition whereof he is bound to report under section \r\n4\r\n[42] of the Punjab Land \r\nRevenue Act, \r\n5\r\n[1967 (XVII of 1967)], such person shall, in making his report, state whether \r\nthe sanction required has been obtained or not, and his  right so acquired shall not be \r\nentered in the record -of-rights or in any \r\n6\r\n[periodical] record until he produces such evidence \r\nof the order by which such sanction is given as may be required by any rules made under \r\nthis Act. \r\n(2)  No right claimed by reason  of any transaction or condition which is declared \r\nby this Act to be null and void shall be entered in the record -of-rights or in any \r\n7\r\n[periodical] \r\nrecord. \r\n19.  Application of certain provisions of the Punjab Land Revenue Act, \r\n8\r\n[1967 (XVII \r\nof 1967)].– Subject to the provisions of this Act, the provisions of Chapter  \r\n9\r\n[III] of the Punjab \r\n                                                \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011,  vide  \r\nnotification  published  in  the  Punjab Gazette  \r\n(Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substit uted for the words “Deputy Commissioner” by the Punjab \r\nAlienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in the Punjab Gazette (Extraordinary), dated: 7 \r\nNovember 2001, pp. 1767-1768, s. 3: it came into force on 14 August 2001: the said Ordinance was saved under Article 270AA \r\nof the Constitution  of  the  Islamic  Republic  of  Pakistan,  as  substituted by the Constitution (Eighteenth Amendment) Act, \r\n2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 April 2010, pp. 267-316, s. 96. \r\n2Substituted for the word “annual” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published \r\nin the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 7: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordin ary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n3Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 20 01 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan , as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n4Substituted for the figure “34” by the Punjab Alienation of Land (Amendment)  Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 7: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republ ic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n5Ibid., for the figure “1887” . \r\n6Ibid., for the word “annual”. \r\n7Ibid. \r\n8Substituted for the figure “ 1887” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published \r\nin the Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767-1768, s. 8: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n9Substituted for the figure “II” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 8: it came into force on 14 Aug ust 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated : 20 \r\nApril 2010, pp. 267-316, s. 96. \r\nLand Revenue Act, \r\n1\r\n[1967 (XVII of 1967)], shall, in so far as they are applicable, apply to the \r\nproceedings of Revenue-officer under this Act. \r\n20.  Appearance of legal pr actitioners forbidden.– No legal practitioner shall  appear \r\non behalf of any party interested in any proceeding before a Revenue-officer under this Act. \r\nExplanation.– The term “legal practitioner” includes a mukhtar. \r\n21.  Jurisdiction of Civil Courts exclud ed.– (1) A Civil Court shall not have  jurisdiction \r\nin any matter which the \r\n2\r\n[Provincial Government] or a Revenue-officer is empowered by this \r\nAct to dispose of. \r\n(2)  No Civil Court shall take cogni sance of the manner in which the \r\n3\r\n[Provincial \r\nGovernment] or any Revenue-officer exercises any power vested in it or in him by or under \r\nthis Act. \r\n4\r\n[21-A.  Civil Court to send copy of decree or order to \r\n5\r\n[Collector].– (1) \r\nNotwithstanding anything contained in the  Code of Civil Procedure\r\n6\r\n or in any other Act for \r\nthe time being in force, every Civil Court which passes a decree or order involving (1) the \r\npermanent alienation of his land by a member of an agricultural tribe, or (2) the mortgage by \r\na member of an agricultural tribe of his land when the mortgagee is not a member of the \r\nsame tribe or of a tribe in the same group, shall send to the \r\n7\r\n[Collector] a copy of such \r\ndecree or order. \r\n(2)  Action to be taken by \r\n8\r\n[Collector] when decree or order passed contrary \r\nto Act.– When it appears to the \r\n9\r\n[Collector] that any Civil Court has, either before or after the \r\ndate when this section comes into operation, passed a decree or order contrary to any of the \r\nprovisions of this Act, the \r\n10\r\n[Collector] may apply for the revision of such decree or order to \r\nthe Court, if any, to which an appeal would lie from such decree or order or in which an \r\nappeal could have been instituted at the time when the decree or order was passed , or in \r\n                                                \r\n1Ibid., for the figure “1887”. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n4Added by the Punjab Alienation of Land (Amendment) Act, 1907 (I of 1907), published in the Government Gazette Punjab and \r\nits Dependencies, dated: 9 May 1907, pp. 67-69, s. 9. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n6XIV of 1882, subsequently replaced the Code of Civil Procedure, 1908 (V of 1908). \r\n7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came  into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette  (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001 , pp. 1767-1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), publishe d in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n8Ibid. \r\n9Ibid. \r\n10Ibid. \r\nany other case to the \r\n1\r\n[High Court]. And when the Court finds that such decree or order is \r\ncontrary to any of the provisions of this Act it shall alter it so as to make it consistent with this \r\nAct. Such application shall be made within two months of the date upon which the \r\n2\r\n[Collector] is informed of such decree or order. \r\n(3)  When any such Appell ate Court passes an order rejecting such application \r\nthe \r\n3\r\n[Collector] may, within two months after the date upon which he is informed of such \r\norder, apply to the \r\n4\r\n[High Court] for revision thereof. \r\n(4)  Every Civil Court which passes an order on any applica tion made under this \r\nsection shall forthwith send a copy thereof to the \r\n5\r\n[Collector]. \r\n(5)  No stamp shall be required upon such applications, and the provisions of the \r\nCode of Civil Procedure\r\n6\r\n as regards appeals shall apply so far as may be to the procedure of \r\nthe Court on receipt of such application. \r\nProvided that no appearance by or on behalf of the \r\n7\r\n[Collector] shall be deemed \r\nnecessary for the disposal of the application.] \r\n8\r\n[22.  Addition to section 77, Act XVI, 1887.–* * * * * * * *] \r\n23.  Exercise of powers of \r\n1\r\n[Collector].– The powers conferred  by this  Act upon a \r\n2\r\n[Collector] may be exercised by a Revenue -officer of higher rank, or by any officer \r\nauthorised by the \r\n3\r\n[Board of Revenue] in this behalf. \r\n                                                \r\n1Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of \r\nIndia, dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. \r\n2Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 404 3-4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment)  Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republ ic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n3Ibid. \r\n4Substituted for the words  “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), published in the Gazette of \r\nIndia, dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. \r\n5Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 20 11 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earli er substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2 001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n6XIV of 1882, subsequently repealed by the Code of Civil Procedure, 1908 (V of 1908). \r\n7Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n8Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1 -20, s. 2 read \r\nwith the Schedule. \r\n24.  Exemption.– The \r\n4\r\n[Board of Revenue], \r\n5\r\n[* * *] ,  may, by notification in  the \r\n6\r\n[Official \r\nGazette], exempt any district or part of a district or any person or class of persons from the \r\noperation of this Act or of any of the provisions thereof. \r\n25.  Power to make rules .– (1) The  \r\n7\r\n[Provincial Government] may make rules for  \r\ncarrying into effect the purposes of this Act. \r\n(2)  In particular and without prejudice to the generality of the foregoing power, \r\nthe \r\n8\r\n[Provincial Government] may make rules prescribing the Re venue-officers to whom \r\napplications may be made, and the manner and form in which such applications shall be \r\nmade and disposed of. \r\n \r\n                                                                                                                                                  \r\n1Substituted for the expression “District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011 ), published \r\nin the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 6 : it came into force on 20 April 2011, vide \r\nnotification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081 . It was earlier substituted  for the \r\nwords “Deputy Commissioner” by the Punjab Alienation of Land (Amendment) Ordinance, 2001 (XXXVI of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated: 7 November 2001, pp. 1767 -1768, s. 3: it came into force on 14 August 2001: the \r\nsaid Ordinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Substituted for  the  words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 rea d with the Third \r\nSchedule: it came into force on 14 October 1955. They were earlier substituted for the words “Local Government” by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1  April \r\n1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid. \r\n5The words “with the previous sanction of the Governor -General in Council” were omitted by the Devolution Act (XXXVIII of \r\n1920), published in the Government Gazette Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 read \r\nwith the First Schedule. \r\n6Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India  (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n7Ibid., for the words “Local Government”. \r\n8Ibid.",
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