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  "title": "PUNJAB PROTECTION AND RESTORATION OF TENANCY RIGHTS ACT, 1950",
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  "text": "THE PUNJAB PROTECTION AND RESTORATION OF \r\nTENANCY RIGHTS ACT, 1950 \r\n(XIII of 1950) \r\nCONTENTS \r\n1. Short title, commencement and extent. \r\n2. Definitions.  \r\n3. Grounds necessary for ejectment of the tenants and procedure.  \r\n4. Notices and proceedings to be invalid.  \r\n5. Restoration of tenancies.  \r\n6. Appeal, Revision and Review.  \r\n7. Bar of Courts Jurisdiction.  \r\n8. Rules. \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PROTECTION AND RESTORATION OF TENANCY RIGHTS \r\nACT, 1950 \r\n(XIII of 1950) \r\n[2 May 1950] \r\nPreamble.– WHEREAS it is necessary to protect and t o restore the rights of certain \r\ntenants of land in respect of their tenancies; \r\n AND WHEREAS  the Governor of the Punjab has in pursuance of a \r\nproclamation issued\r\n2\r\n by the Governor-General of Pakistan under section 92 -A of the \r\nGovernment of India Act, 1935, a ssumed on behalf of the Governor -General all \r\npowers vested in or exercisable by the Provincial Legislature under the said Act; \r\n NOW, THEREFORE, in exercise of the powers so assumed the Governor is \r\nhereby pleased to enact as follows:– \r\n1. Short title, commen cement and extent .– (1) This Act may be called the \r\nPunjab Protection and Restoration of Tenancy Rights Act, 1950. \r\n (2) It shall come into force\r\n3\r\n in such areas and at such time as may be \r\nnotified by the Provincial Government in the official Gazette \r\n4\r\n[:] \r\n \r\n5\r\n[ * * * * * * * * *   ] \r\n \r\n6\r\n[ * * * * * * * * *   ] \r\n Provided \r\n7\r\n[*] that nothing in this Act shall apply to the case of \r\n8\r\n[* * *] a tenant of \r\nholding any land under the Provincial or the \r\n9\r\n[Federal Government], or under any \r\n10\r\n[Local Government], or any other auth ority as may be notified\r\n1\r\n by the Provincial \r\nGovernment in this behalf. \r\n                                                           \r\n1This Act was assented to by the Governor of the Punjab on May 2, 1950, published in the Punjab Gazette (Extraordinary), \r\ndated May 2, 1950, pp. 91-93. \r\n2It was issued on January 24, 1949 and stood revoked on April 4, 1951.  \r\n3Came into force on May  4, 1950, vide Notification No.  843-R, dated May  3, 1950, published in the Punjab Gazette \r\n(Extraordinary), 1950, p. 89. \r\n4Substituted for the comma by the Punjab Protection and Restoration of Tenancy Rights (Amendment) Act, 1952 (VIII of 1952), \r\npublished in the Punjab Gazette (Extraordinary), dated February 4, 1952, pp.93-95, s. 2(i). \r\n5Deleted by the Act ibid. \r\n6Ibid., s. 2(ii). \r\n7Deleted the word “further” by the Act ibid. \r\n8Deleted the words “a tenant of evacuee property, or” by the Act ibid. \r\n9Substituted for the words “Central Government” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), date d November 20, 1974, pp.1425 -A-1425-PP, Article 2(1) read with \r\nSchedule.  \r\n10Substituted for the words and commas  “District Board, Municipal Committee or Notified Area Committee” by the Punjab \r\nProtection and Restoration of Tenancy Rights (Amendment) Ordinanc e, 2001 (LI of 2001), published in the Punjab Gazette \r\n(Extraordinary), pp. 1969-1970, s.  2, which was protected and continued under the Provisional Constitutional Order, 1999 \r\n(Chief Executive’s Order 1 of 1999) as amended by the Provisional Constitution (A mendment) Order, 1999 (Chief Executive’s \r\nOrder 9 of 1999) and Article 270AA of the Constitution of the Islamic Republic of Pakistan as substituted by the Constitution  \r\n(Eighteenth Amendment) Act, 2010. \r\n2. Definitions.– In this Act unless there is anything repugnant in the subject or \r\ncontext– \r\n(i) “evacuee property” shall have the same meaning as may be assigned \r\nto it by any law for the time being in force; \r\n(ii) “land” and other terms used but not defined in this Act and defined in \r\nthe Punjab Tenancy Act, 1887\r\n2\r\n, shall have the meanings assigned to \r\nthem in that Act; \r\n(iii) “revenue officer” means a revenue officer as defined in the Punjab \r\nLand Revenue Act, \r\n3\r\n[1967 (XVII of 1967)], and there shall be the same \r\nclasses of revenue officers with similar powers including powers of \r\nsuperintendence, control, distribution of business, and withdrawal and \r\ntransfer of cases under this Act as there are under that Act; \r\n(iv) “tenant” means a tenant not having a right of occupancy, and not \r\nholding for a fixed term under a contract or a decree or order of a \r\ncompetent authority, and includes a person, who while in possession of \r\nany land as a tenant has been ejected. \r\n3. Grounds necessary for ejectment of the tenants and procedure .– (1) \r\nNotwithstanding any provision contained in any other law for the time being in force \r\nto the contrary, a tenant shall not be ejected from his tenancy unless it is established \r\nthat he has– \r\n(i) failed to pay the rent in accordance with the terms of the tenancy; or \r\n4\r\n[(ii) * * * * * * * * *   ] \r\n(iii) used the land comprised in the tenancy in a manner which renders it \r\nunfit for the purpose for which he held it; or \r\n                                                                                                                                                                                     \r\n1For exemptions see Notification No. 1024.R, dated June 7, 1950, issued by the Revenue Department wherein Governor of the \r\nPunjab is pleased to notify that nothing in the said Act shall apply to the cases of tenants holding any land under the Lahor e \r\nImprovement Trust, published in the Punjab Gazette, Part I, dated June 16, 1950, p. 275.  \r\nAlso see Notification No. 1410-R, dated August 26, 1950, published in the Punjab Gazette, Part I, dated September 1, 1950, p. \r\n372, issued by the Revenue Department wherein Governor of the Punjab is pleased to notify that nothing  in the said Act shall \r\napply to the cases of tenants holding any land under the: \r\n1. Kasur Improvement Trust; \r\n2. Sialkot Improvement Trust; \r\n3. Rawalpindi Improvement Trust; \r\n4. Sargodha Improvement Trust; and \r\n5. Multan Improvement Trust. \r\nSee Notification No.1308 -R, dated A ugust 4, 1950,  issued by the Revenue Department wherein Governor of the Punjab is \r\npleased to notify that nothing in the said Act shall apply to the cases of tenants holding any land under the Thal Developmen t \r\nAuthority, published in the Punjab Gazette, Part I, dated August 11, 1950, p. 347. \r\nFor tenants of Co -operative Model Town Society, Lahore, see Notification No.  1763-R, dated July  24, 1950, published in the \r\nPunjab Gazette, Part I, dated July 28, 1950, p. 732. \r\n2XVI of 1887.  \r\n3Substituted for the figure “ 1887” by the Punjab Protection and Restoration of Tenancy Rights (Amendment) Ordinance, 2001 \r\n(LI of 2001), published in the Punjab Gazette (Extraordinary),  pp. 1969-1970, s. 3, which was protected and continued under \r\nthe Provisional Constitutional Order, 1 999 (Chief Executive’s Order 1 of 1999) as amended by the Provisional Constitution \r\n(Amendment) Order, 1999 (Chief Executive’s Order 9 of 1999) and Article 270AA of the Constitution of the Islamic Republic of \r\nPakistan as substituted by the Constitution (Eighteenth Amendment) Act, 2010.  \r\n4Deleted by the Punjab Protection and Restoration of Tenancy Rights (Amendment) Act, 1952 (VIII of 1952), published in the \r\nPunjab Gazette (Extraordinary), dated February 4, 1952, pp. 93-95, s. 3(1)(a). \r\n(iv) failed to cultivate or arrange for the cultivation of the land comprised in \r\nthe tenancy in accordance with the terms thereof, or if there are no \r\nexpress terms in this behalf, in accordance with the customary manner \r\nof cultivation in the locality: \r\nProvided that where a landl ord, his son, or grand -son does not have \r\nunder his personal cultivation (including cultivation through a servant or \r\nhired labour) jointly or severally or in partnership with anyone else, out \r\nof the cultureable land owned by the landlord an area equal to 25  \r\nacres, his right to eject any tenant from such portion of his tenancy, as \r\nwith the area already in the possession of such landlord, his son or \r\ngrand-son whether jointly or severally or in partnership with any one \r\nelse will take 25 acres, will not be affec ted \r\n1\r\n[, and that in the case of a \r\nlandlord owning more than 100 acres of land, the minimum of 25 acres \r\nshall be deemed to have been raised to 50 acres,]   \r\nProvided further that for the purposes of the first proviso an acre of \r\nunirrigated culturable land sh all be counted as half an acre \r\n2\r\n[, and the \r\nclassification of land made and the ratio between the irrigated and \r\nother categories of land fixed for purposes of determining the area for \r\npersonal cultivation under the Punjab Tenancy Act, 1887, shall mutatis \r\nmutandis apply for purposes of determining the area for personal \r\ncultivation under this Act]:  \r\n3\r\n[Provided further that for the purposes of this subsection subletting of \r\nthe tenancy or any portion thereof shall not be treated as arrangement \r\nfor the cultivatio n of the land comprised in the tenancy, except where \r\nthe tenant is incapacitated bodily from cultivating the land himself.] \r\n (2) An application for the ejectment of a tenant on any one or more of the \r\ngrounds mentioned in subsection (1) may be made by the l andlord to a revenue \r\nofficer of any grade having jurisdiction in the area where the tenancy is situated. \r\n \r\n4\r\n[(2A) Where a landlord has in exercise of the right reserved by the first \r\nproviso to subsection (1) once secured an area for personal cultivation, he  shall not \r\nthereafter have the right to claim any other area in lieu of the said area or any part \r\nthereof even though he may have lost that land through alienation: \r\n Provided that he shall have the right of exchanging the said area of 25 acres \r\nor any part thereof with any land in which he may acquire proprietary rights by \r\ninheritance after having secured the said area: \r\n Provided further that if the land secured by the landlord for personal \r\ncultivation or any portion thereof is compulsorily acquired by the P rovincial or \r\n5\r\n[Federal Government], or is rendered darya burd, or if 50 per centum or more thereof \r\n                                                           \r\n1Substituted and added by the Act ibid., s. 3(1)(b). \r\n2Ibid., s. 3(1)(c). \r\n3Added by the Act ibid., s. 3(1)(d). \r\n4Inserted subsections (2A), (2B), (2C) and (2D) by the Punjab Protection and Restoration of Tenancy Rights (Amendment) Act, \r\n1952 (VIII of 1952), published in the Punjab Gazette (Extraordinary), dated February 4, 1952, pp. 93-95, s. 3(2). \r\n5Substituted for the words “Central Government” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November  20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule.  \r\nis rendered totally unculturable on account of the action of Sem or Thur, the landlord \r\nshall be entitled to so much additional area, as with the area, if any , still in his \r\npossession, and in the last mentioned case, the area fit for cultivation, will make up \r\n25 acres, and for this purpose he may eject any tenant.  \r\n (2B) Where a person has, under the provisions of this Act or of any other \r\nlaw for the time being  in force, secured or retained any land for personal cultivation, \r\nhe may let out the whole or any part of such land to tenants, and such tenants shall \r\nnot have the protection of this Act in respect of ejectment from the land so let out to \r\nthem. \r\n (2C) When any land, not secured or retained by any person owning land for \r\npersonal cultivation under this Act or under any other law for the time being in force, \r\nis transferred by sale, exchange, gift, will, mortgage or any other means, whether \r\npermanently or temporarily, the transferee shall not have the right to eject the tenant \r\nthereof on any ground on which he could not be ejected by the transferer:  \r\n Provided that the prohibition imposed by this subsection shall not apply where \r\nany sale of such land is effected with the sanction of the Collector under subsection \r\n(2D). \r\n (2D) Where any person wishes to sell any land which has not been secured \r\nor retained by him for personal cultivation, he may make an application in writing to \r\nthe Collector of the District where th e land is situate, and the Collector may, after \r\nsuch inquiry as he may consider necessary, either grant the necessary sanction in \r\nwriting or reject the application.] \r\n (3) On receiving the application of a landlord under subsection (2) the \r\nrevenue officer s hall, if the application is in order and not open to objection on the \r\nface of it, cause a notice to be served on the tenant to show cause why he should \r\nnot be ejected from his tenancy or such portion thereof as is referred to in the \r\napplication: \r\n Provided that no notice under this subsection shall be served after the 15 th \r\nday of November in any year. \r\n (4) The notice shall specify the name of the landlord on whose application \r\nit has been issued and describe the land to which it relates and the ground or \r\ngrounds on which it is based. \r\n (5) The revenue officer, after hearing both the parties, if present, on a date \r\nfixed for the purpose, and making such further enquiries as he may consider \r\nnecessary, shall pass an order directing the tenant to be ejected or the n otice to be \r\ncancelled, as the case may be: \r\n Provided that no order for the ejectment of a tenant shall be executed before \r\nthe first day of May in any year, and in no case shall a tenant be ejected without \r\npaying such compensation to him, as he may be entit led to under the law, for the \r\nstanding crop, if any, or for preparing the land for sowing, if it has been so prepared, \r\nas may be determined by the revenue officer. \r\n \r\n1\r\n[ * * * * * * * * *   ] \r\n                                                           \r\n1Deleted the subsections (6 & 7) by the Punjab Protection and Restoration of Tenancy Rights (Amendment) Act, 1952 (VIII of \r\n1952), published in the Punjab Gazette (Extraordinary), dated February 4, 1952, pp. 93-95, s. 3(3). \r\n4. Notices and proceedings to be invalid .– Notwithstanding anythin g to the \r\ncontrary contained in any other law for the time being in force, all notices issued \r\nagainst a tenant under sections 44 or 45 of the Punjab Tenancy Act, 1887\r\n1\r\n, on or \r\nafter the 15 th day of June, 1949, and all proceedings taken in pursuance of such \r\nnotices before the date of the enforcement of this Act in any area shall be deemed to \r\nbe invalid and of no effect. \r\n5. Restoration of tenancies .– (1) Notwithstanding anything to the contrary \r\ncontained in any other law for the time being in force, a tenant wh o was ejected or \r\ndispossessed at any time between the 15 th day of June, 1949, and the date of the \r\nenforcement of this Act by process of law or otherwise from his tenancy, in any area \r\nto which this Act applies may within two months from the date of the enfo rcement of \r\nthis Act apply, for the restoration of his tenancy, to a revenue officer of any grade \r\nhaving jurisdiction in the said area. \r\n (2) On receiving an application under subsection (1) and on being satisfied \r\nafter such enquiry as he may consider necess ary that the facts mentioned therein \r\nare correct the revenue officer shall serve an order on the land -lord and any other \r\nperson in possession of the tenancy to restore possession thereof to the applicant \r\nimmediately: \r\n Provided that the tenant to whom the t enancy has been restored shall be \r\nliable to pay such compensation to the person evicted for the standing crop, if any, \r\nand for preparing the land for sowing, if it has been so prepared, as may be \r\ndetermined by the Revenue Officer on the latter’s application in this behalf: \r\n Provided further that if the compensation is not paid within one month of the \r\ndate of the order made by the Revenue Officer in this behalf the tenant to whom the \r\ntenancy was restored shall be ejected therefrom and the land shall be restored to the \r\nperson who was evicted under the orders of the Revenue Officer. \r\n6. Appeal, Revision and Review.– An order passed by a Revenue Officer of any \r\ngrade under this Act shall for purposes of appeal, revision and review, be treated as \r\nan order of a Revenue Officer  of the same grade under the Punjab Tenancy Act, \r\n1887\r\n2\r\n, and shall be subject to the provisions of the latter Act with respect to appeal, \r\nrevision and review. \r\n7. Bar of Courts Jurisdiction .– (1) Notwithstanding anything contained in any \r\nother law  for the time being in force, no Court shall have any jurisdiction in any \r\nmatter which a Revenue Officer is empowered by this Act to dispose of. \r\n (2) No Court shall take cognizance of the manner in which any Revenue \r\nOfficer exercises any power vested in him under this Act. \r\n8. Rules.– (1) The Provincial Government may make rules\r\n3\r\n consistent with this Act \r\nfor regulating the procedure of Revenue Officers  under this Act in cases in which a \r\nprocedure is not prescribed by this Act. \r\n                                                           \r\n1XVI of 1887. \r\n2XVI of 1887.  \r\n3The Punjab Protection and Restoration of Tenancy Rights Rules, 1950, issued by the Revenue Department, vide Notification \r\nNo.1101-R, dated June 23, 1950, published in the Punjab Gazette (Extraordinary), dated June 24, 1950, pp. 153-154. \r\n (2) The rules may provide, among other matters, for the mode of enforcing \r\norders of ejectment from, and delivery of possession of land, and rules providing for \r\nthese matters may confer on a Revenue Officer all or any of the powers in regard to \r\ncontempts, resistance and the like which a  Civil Court may exercise in the execution \r\nof a decree whereby it has adjudged ejectment from, or delivery of possession of \r\nland. \r\n (3) The rules may also provide for the mode of executing orders as to \r\ncosts, and may adapt to proceedings under this Act all or any of the provisions of the \r\nPunjab Land Revenue Act, \r\n1\r\n[1967 (XVII of 1967)], with respect to arbitration. \r\n (4) Subject to the rules under this section, a Revenue Officer may refer \r\nany case which he is empowered to dispose of under this Act to another R evenue \r\nOfficer for investigation and report, and may decide the case upon the report. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Substituted for the figure “1887” by the Punjab Protection and Restoration of Tenancy Rights (Amendment) Ordinance, 2001 \r\n(LI of 2001), published in the Punjab Gazette (Extraordinary),  pp. 1969-1970, s. 3, which was protected and continued under \r\nthe Provisional Constitutional Order, 1999 (Chief Executive’s Order 1 of 1999) as amended by the Provisional Constitution \r\n(Amendment) Order, 1999 (Chief Executive’s Order 9 of 1999) and Article 270AA of the Constitution of t he Islamic Republic of \r\nPakistan as substituted by the Constitution (Eighteenth Amendment) Act, 2010.",
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