PUNJAB CONSOLIDATION OF HOLDINGS ORDINANCE, 1960
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THE PUNJAB CONSOLIDATION OF HOLDINGS ORDINANCE, 1960 (VI of 1960)
TEXT 1THE 2[PUNJAB] CONSOLIDATION OF HOLDINGS ORDINANCE, 1960 (VI of 1960) [10 March 1960] An Ordinance to consolidate and amend the law relating to consolidation of holdings in the Province of 3[the Punjab]. Preamble.– WHEREAS it is expedient to consolidate and amend the law relating to consolidation of holdings in the Province of 4[the Punjab];
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:–
CHAPTER I
Preliminary
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the 5[Punjab] Consolidation of Holdings Ordinance, 1960.
6[(2) It extends to the whole of the Province of 7[the Punjab], except the Tribal Areas.]
(3) It shall come into force 8 in such area or areas and from such date or dates as Government may, by notification in the Official Gazette, specify.
1This Ordinance was promulgated by the Governor of West Pakistan on January 19, 1960, published in the Gazette of West Pakistan (Extraordinary), dated March 10, 1960, pp. 1431-1441; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(2) read with Schedule, Part III, Serial No. 34.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 34.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(2) read with Schedule, Part III, Serial No. 34.
8The Ordinance was brought in force in Dera Ismail Khan, Bannu, Kohat, Mianwali, Peshawar, Mardan, Hazara, Attock, Rawalpindi, Gujrat, Muzaffargarh, Jhelum, Shahpur, Lahore, Gujranwala, Sialkot, Sheikhupura, Jhang, Lyallpur (now Faisalabad), Montgomery (now Sahiwal), Multan, (now includes District of Vehari), Dera Ghazi Khan Districts with effect from April 11, 1960, vide Notification No. 18O&A(Rev)/60, dated 9.4.1960, published in the Gazette of West Pakistan (Extraordinary), dated April 11, 1960, p. 1691.
Section 2. Definitions
In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say–
(a) “arrears of land-revenue” means land-revenue which remains unpaid after the date on which it becomes payable;
(b) “Board of Revenue” means the Board of Revenue constituted under the 1[Punjab] Board of Revenue Act, 1957 2;
3[(c) “Collector” means Collector appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes any other officer specially empowered by the Board of Revenue to perform the functions of a Collector;] 4[ 5[(d) “Commissioner” means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an Additional Commissioner;]]
(e) “Consolidation Officer” means an officer appointed by the Board of Revenue or by any other officer specially empowered by the Board of Revenue in this behalf, to perform all or any of the functions of a Consolidation Officer under this Ordinance;
(f) “consolidation of holdings” means the re-distribution of all or any of the lands in an estate or sub-division of an estate so as to reduce the number of plots;
(g) “estate” means any area–
(i) for which a separate record-of-rights has been made; or
(ii) which has been separately assessed to land-revenue, or would have been so assessed if the land-revenue had not been released, compounded for or redeemed; or
(iii) which the Board of Revenue may, by general rule or special order, declare to be an estate;
(h) “Government” means the 6[Provincial Government of the Punjab];
1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(2) read with Schedule, Part III, Serial No. 34.
2W.P. XI of 1957.
3Substituted by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 2(i) which was protected and continued under the Provincial Constitutional Order, 1999 (Chief Executive’s Order 1 of 1999) as amended by the Provincial Constitution (Amendment) Order, 1999 (Chief Executive’s Order 9 of 1999) and Article 270AA of the Constitution of the Islamic Republic of Pakistan as substituted by the Constitution (Eighteenth Amendment) Act, 2010.
4Substituted by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of 2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 2(ii).
5Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(1). It came into force w.e.f. 20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
6Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(2) read with Schedule, Part III, Serial No. 34.
(i) “holding” means a share or portion of an estate held by one land-owner or jointly by two or more land-owners;
(j) “land-owner” does not include a tenant, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm, for the recovery of arrears of land-revenue or of a sum recoverable as such arrears, and every other person not hereinbefore mentioned who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate;
(k) “land-revenue” includes any sum payable in respect of land by way of quit-rent;
(l) “prescribed” means prescribed by rules made under this Ordinance;
(m) “Registrar” means the person appointed by Government to perform the duties of a Registrar of Co-operative Societies under any law relating to Co-operative Societies;
(n) “Revenue Officer” means a Revenue Officer having authority to discharge the functions of a Revenue Officer under any law relating to land-revenue; and
(o) “sub-division” means a part of an estate recorded as a sub-division, patti, taraf or pana in a record-of-rights prepared under any law for the time being in force relating to land-revenue, provided it forms a compact block.
CHAPTER II
Consolidation of Holdings
Section 3. Who may move for consolidation of holdings
(1) The Board of Revenue or any officer authorised by it in this behalf may move the Consolidation Officer for the consolidation of holdings in an estate or a sub-division.
(2) Any two or more land-owners in an estate or a sub-division holding together not less than the minimum area of land prescribed in this behalf may make an application in writing to the Consolidation Officer for the consolidation of their holdings.
Section 4. When an application for consolidation of holdings shall be deemed to be on behalf of all the land-owners
(1) Where an application for consolidation of holdings is made by or on behalf of all the land-owners of an estate or a sub-division and the scheme of consolidation of holdings is confirmed, such scheme shall be binding on all the land-owners of the estate or the sub-division and on every person having a right or interest or who may subsequently become entitled to such right or interest in the area included in the scheme.
(2) The motion or the application, as the case may be, shall be deemed to be an application on behalf of all the land-owners in the estate or sub-division, if–
(a) the Board of Revenue or an officer authorised by it in this behalf moves the Consolidation Officer for the consolidation of the holdings in an estate or a sub-division;
(b) not less than fifty-one per cent. of the land-owners in an estate or a sub-division, holdings not less than fifty-one per cent. of the cultivated
area in the estate or the sub-division, make an application for consolidation of their holdings; or
(c) on inquiry into an application made under sub-section (2) of section 3, the Consolidation Officer is satisfied that not less than fifty-one per
cent. of the land-owners in the estate or sub-division holding not less than fifty-one per cent. of the cultivated area in the estate or sub- division, agree in writing to the consolidation of their holdings. Explanation.– If a part or the whole of the cultivated area in an estate or a sub- division is evacuee property as defined in the Pakistan (Administration of Evacuee Property) Act, 1957 1, or in any other law relating to the administration of such property, an application for consolidation of holdings made by the Custodian of Evacuee Property or an officer authorised by him in this behalf, or the consent given by him or the said officer, and where any such property has been acquired by Government under section 4 of the Displaced Persons (Land Settlement) Act, 1958 2, an application for consolidation of holdings made by the Chief Settlement and Rehabilitation Commissioner, or an officer authorised by him in this behalf, or the consent given by him or the said officer, shall be deemed to be an application or consent on behalf of all evacuee land-owners of such cultivated area in the estate or the sub-division, or on behalf of the 3[Federal Government], as the case may be.
Section 5. Application by some of the owners and its effect
Where an application for consolidation is not by or on behalf of all the land-owners, it shall be confined to the land owned by the applicants and by such other land-owners who have agreed to the consolidation of their holdings, and, if confirmed, it shall be binding on them and on every person having a right or interest or who may subsequently become entitled to such right or interest in the area included in the scheme.
Section 6. Transfer of rights of landowners in holdings and of tenants in tenancies
Notwithstanding anything in any other law, the rights and liabilities of land-owners in their holdings and of tenants in their tenancies shall, for the purpose of giving effect to any scheme of consolidation affecting them, be transferable by exchange or otherwise and neither the landlord nor the tenant nor any other person shall be entitled to object to or interfere with any transfer made for the said purpose.
Section 7. When application may be rejected
(1) Where there appear to be good and sufficient reasons for disallowing an application for consolidation of holdings, or for excluding any land from consolidation, the Consolidation Officer may, at any stage of the proceedings, submit the application to the Collector with the recommendation that the application be rejected in whole or in part, or that the proceedings in respect thereof be quashed.
(2) The Collector, on receipt of the recommendation, may pass such orders thereon as he deems proper, rejecting or admitting the application, either in
1XII of 1957. 2XLVII of 1958.
3Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(3) read with Table of General Adaptations.
whole or in part, or he may direct the Consolidation Officer to make further recommendation after such enquiry as may be directed.
Section 8. Admission of application
If the Consolidation Officer makes no recommendation to the Collector under sub-section (1) of section 7 or if the Collector allows the application on such recommendation to be entertained in whole or in part, the Consolidation Officer shall admit the application in whole or in part, as the case may be, and shall proceed to deal with it in such manner as may be prescribed.
Section 9. Preparation of scheme for consolidation of holdings and appointment of Advisory Committee
(1) Where the land-owners making the application under sub-section (2) of section 3 submit an agreed scheme for consolidation of holdings, the Consolidation Officer shall proceed with the application in such manner as may be prescribed.
(2) If no agreed scheme is submitted with the application for consolidation, the Consolidation Officer shall prepare a scheme for consolidation of holdings in such manner as may be prescribed.
(3) Subject to any rules made under section 29, the Consolidation Officer may appoint an Advisory Committee or Panchayat to assist him in the preparation of a scheme for the consolidation of holdings.
[1] Section 9A. Power to exclude from or include in consolidation any land
Notwithstanding anything contained in this Ordinance, the Board of Revenue may, in the public interest, direct, by general or special order, that any land, holding or class thereof shall be excluded from or included in any scheme of consolidation before it is confirmed.]
Section 10. Publication of scheme, settlement of objections thereto and its confirmation
(1) The Consolidation Officer shall, before approving any scheme, publish it in such manner as may be prescribed.
(2) Where objections are lodged by any person interested in the area covered by the scheme, the Consolidation Officer shall endeavour to bring about an amicable settlement.
(3) If no objections are lodged, or where lodged the Consolidation Officer succeeds in bringing about an amicable settlement, he shall pass an order confirming the scheme of consolidation.
(4) If the Consolidation Officer fails to bring about an amicable settlement, he shall submit the scheme with his recommendations to the Collector, who after giving notice to the persons concerned and hearing them if they so desire, may, after further enquiry by himself or any Consolidation Officer, or without such enquiry, as he may deem fit, reject the scheme or confirm it with or without modifications.
Section 11. Appeals
(1) Any person aggrieved by an order of the Consolidation Officer confirming the scheme may, within sixty days from the date of the order, prefer an appeal to the Collector.
1Added by the West Pakistan Consolidation of Holdings (Punjab Amendment) Ordinance, 1971 (IV of 1971), published in the Punjab Gazette (Extraordinary), dated March 22, 1971, pp. 323-324, s. 2, and shall be deemed to have been so added on and from the date of enforcement of the main Ordinance i.e. April 11, 1960.
(2) A second appeal from the order of the Collector passed on an appeal under sub-section (1) shall lie to the 1[ 2[Commissioner] within sixty days from the date of the order; provided that when the order of the Consolidation Officer is confirmed on appeal by the Collector, no second appeal shall lie.
(3) Any person aggrieved by an order of the Collector made under sub- section (4) of section 10 confirming, rejecting or modifying a scheme of consolidation submitted to him by the Consolidation Officer may, within sixty days from the date of the order, prefer an appeal to the 3[ 4[Commissioner]].
5[(3-A) The Collector or the 6[ 7[Commissioner]], in appeal may, after giving the aggrieved person or persons an opportunity of being heard confirm, set aside or vary the order appealed from.]
8[(4) In questions of the admission of, and the computation of the period for, an appeal from the order under this Ordinance, the limitation therefor shall be governed by the Limitation Act, 1908.]
Section 12. Payment of compensation
When the Consolidation Officer or the Collector, as the case may be, is of the opinion that the re-distribution of land in accordance with the scheme of consolidation confirmed by him will have the result of allotting to any land-owner any piece of land which is not of the same value as his original piece of land and that it is equitable that compensation should be granted, he may provide for payment of compensation by and to the persons as may be affected by the scheme.
Section 13. Power to call for and examine records
9[(1) The Board of Revenue may–
(a) at any time of its own motion call for the record of any proceedings under this Ordinance pending before, or disposal of, by any Revenue or Consolidation Officer; or
1Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3.
2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f.
20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
3Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3.
4Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f.
20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
5Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3, read with Second Schedule, Serial No. 16.
6Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3.
7Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f.
20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
8Added by the West Pakistan Consolidation of Holdings (Amendment) Act, 1964 (XVI of 1964), published in the Gazette of West Pakistan (Extraordinary), dated March 24, 1964, p. 953, s. 2.
9Substituted by the West Pakistan Consolidation of Holdings (Amendment) Ordinance, 1965 (XVII of 1965), published in the Gazette of West Pakistan (Extraordinary), dated July 9, 1965, pp. 3665-3666, s. 2.
(b) on application made to it in that behalf by a person aggrieved within ninety days of the passing of an order in any proceedings under this Ordinance by any Revenue or Consolidation Officer, and after giving such person an opportunity of being heard, call for the record of such proceedings.]
(2) 1[ 2[A Commissioner]] or Collector may call for the record of any case under this Ordinance pending before, or disposed of by, any Revenue Officer or Consolidation Officer under his control.
(3) If in any case in which a Collector has called for the record under sub- section (2), he is of opinion that the proceedings taken or order made should be modified or reversed; he shall report the case with his opinion thereon for the orders of the 3[ 4[Commissioner]].
(4) The Board of Revenue may in any case called for under sub-section
(1) and 5[ 6[a Commissioner]] may in any case called for by him under sub-section (2) or reported to him under sub-section (3), pass such order as it or he thinks fit:
Provided that no order shall be passed under this section reversing or modifying any proceedings or order of a subordinate Revenue Officer and affecting any question of right between private persons without giving those persons an opportunity of being heard.
Section 14. No appeal except as provided by this Ordinance
Save as provided in this Ordinance no appeal or revision shall lie from any order passed under this Ordinance or the rules made thereunder.
Section 15. Procedure on confirmation
When the confirmation of a scheme of consolidation becomes final, the Consolidation Officer shall–
(a) announce the decision which has become final, if this has not been already done;
(b) demarcate the boundaries of the holdings, if necessary; and
(c) cause to be prepared a new record-of-rights in accordance with the scheme.
1Substituted for the words “A Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(i).
2Substituted for the words and brackets “An Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(i). It came into force w.e.f. 20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
3Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(ii).
4Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(ii). It came into force w.e.f. 20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
5Substituted for the words “a Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(iii).
6Substituted for the words and brackets “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(iii). It came into force w.e.f. 20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
Explanation.– Such record-of-rights shall have the same force as the record-of- rights which it purports to replace.
Section 16. Rights of land-owners and tenants after consolidation same as before
A land-owner or a tenant shall have the same rights in the holding or land allotted to him in pursuance of a scheme of consolidation as he had in his original holding or tenancy, as the case may be.
Section 17. Transfer of incumbrance to new allotments
Subject to any rules that may be made under section 29, when the holding of a land-owner or the tenancy of a tenant brought under the scheme of consolidation is burdened with any lease, mortgage or other incumbrance, such lease, mortgage or other incumbrance shall be transferred and attached to the holding or tenancy allotted under the scheme or to such part of it as the Consolidation Officer may direct; and, thereupon, the lessee, mortgagee or other incumbrancer, as the case may be, shall cease to have any right in or over the land from which the lease, mortgage or other incumbrance has been transferred.
Section 18. Right of land-owners, tenants and persons affected in newly allotted holdings and tenements
The land-owners, tenants and other persons affected by the scheme of consolidation shall be entitled to possession of the holdings and tenements allotted to them under the scheme and the Consolidation Officer shall, by an order, direct that they be put in possession thereof from such date after the final confirmation of the scheme, as he may deem expedient, and for this purpose he shall have all the powers of the Collector.
[1] Section 18A. Summary ejectment
Any person occupying, or in possession of, any holding or tenement included in the Consolidation Scheme–
(a) the right of occupation of which has been allotted to any land-owner, tenant or other person under the Consolidation Scheme; or
(b) possession of which has not been authorised by the Consolidation Officer under the Consolidation Scheme;
may, after being given a reasonable opportunity of showing cause against such action, be summarily ejected by the Consolidation Officer, with the use of such force as may be necessary:
Provided that no person shall be so ejected earlier than the date mentioned in the order made under section 18.]
Section 19. Revenue Officer to prevent encroachment upon way or path shown in new records
A Revenue Officer may, either of his own motion or on an application in this behalf, eject any person making any encroachment upon any way or path shown in the record-of-rights prepared under section 15, and by an order published in such manner as may be prescribed, forbid repetition of the encroachment:
Provided that the proceedings of the Revenue Officer shall be subject to any decree or order which may be passed by any Court of competent jurisdiction.
1Added by the West Pakistan Consolidation of Holdings (Amendment) Ordinance, 1965 (XVII of 1965), published in the Gazette of West Pakistan (Extraordinary), dated July 9, 1965, pp. 3665-3666, s. 3.
CHAPTER III
Supplemental
Section 20. Cost of consolidation proceedings
The cost of consolidation proceedings shall be recovered, in such manner as may be prescribed, from the persons whose holdings are affected by the scheme of consolidation:
Provided that Government may remit the costs of a single scheme of consolidation or of all schemes of consolidation in a particular area either in whole or in part or for a term of years.
Section 21. Recovery of compensation or cost as arrears of land-revenue
Any amount payable as compensation under section 12 or as costs under section 20 may be recovered as an arrear of land-revenue.
Section 22. No instrument necessary to effect transfer
Notwithstanding anything in any law:–
(a) an instrument in writing shall not be necessary in order to give effect to a transfer involved in carrying out any scheme of consolidation of holdings; and
(b) if any instrument is executed, it shall not require registration.
Section 23. Abeyance of partition proceedings during consolidation proceedings
When an application for the consolidation of holdings has been made and it has been duly admitted, partition proceedings in respect of the estate or sub-division which will be affected by the scheme shall not be commenced, and all pending proceedings shall remain in abeyance till the conclusion of the consolidation proceedings.
Section 24. Transfer of property during consolidation proceedings
When an application for the consolidation of holdings has been made, no land-owner or tenant having a right of occupancy upon whom the scheme will be binding shall have power, without the sanction of the Consolidation Officer, during the pendency of the consolidation proceedings, to transfer or otherwise deal with any part of his holding or tenancy so as to affect the rights of any other land-owner or tenant having a right of occupancy therein under the scheme of consolidation.
Section 25. Killabandi to be the basis
Consolidation of holdings shall be carried out on the basis of killabandi where the physical features of the tract under operation permit such a course.
Section 26. Jurisdiction of Civil Court barred as regards matters arising under this Ordinance
No Civil Court shall entertain any suit or application to obtain a decision or order in respect of any matter which Government or the Board of Revenue or any officer is, by this Ordinance, empowered to determine, decide or dispose of.
Section 27. Public servants indemnified for acts done under this Ordinance
No suit or other legal proceedings shall be maintained in respect of the exercise of any powers or discretion conferred by this Ordinance or against any public servant or person duly appointed or authorised under this Ordinance in respect of anything in
good faith done or purported to be done under the provisions thereof or the rules made thereunder.
Section 28. The Ordinance not to affect the validity of consolidation of holdings by Co-operative Societies duly registered
In relation to any Co-operative Society duly registered under any law for the time being in force relating to Co-operative Societies, having as its object the consolidation of holdings, nothing in this Ordinance shall affect the validity or enforceability of–
(a) the acts or proceedings of any society as aforesaid or of its managing committee or servants;
(b) any decision of any society as aforesaid approving by a two-thirds majority of its whole membership, a scheme for the re-arrangement of the holdings of all or any members of such society; or
(c) the acts, proceedings and awards done, taken or made by the Registrar acting as arbitrator, or by a person appointed by the Registrar in accordance with the bye-laws of such society and the rules applicable to it, to act as arbitrator, in respect of any dispute arising out of or relating to any scheme of re-arrangement as aforesaid, and all such acts, proceedings, decisions and awards shall have such effect in relation to the holdings which have been re-arranged thereby, as is
provided by the aforesaid bye-laws and rules.
Section 29. Power to make rules
(1) The Board of Revenue may after previous publication make rules 1 for the purpose of carrying into effect the provisions of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, the Board of Revenue may, in the manner prescribed by the last preceding sub-section, make rules–
(a) prescribing the minimum area of land to be held by the persons making an application under sub-section (2) of section 3;
(b) providing for the particulars to be contained in any application made under sub-section (2) of section 3;
(c) providing for the procedure to be followed by the Consolidation Officer and for the appointment and constitution of an Advisory Committee or Panchayat to assist the Consolidation Officer in the examination or the preparation of the scheme;
(d) providing for the manner in which the costs of the consolidation proceedings shall be assessed;
(e) providing for the appointment of guardians ad litem for minors;
(f) for determining the value of lands and the compensation to be paid therefor;
1The West Pakistan Consolidation of Holdings Rules, 1960 were framed vide Notification No. 1691-60/1042-CH(P), dated 6.08.1960, published in the Gazette of West Pakistan (Extraordinary), dated 22.08.1960, pp. 3475-3478.
(g) for the guidance of Consolidation Officers in respect of the transfer of incumbrances and leases;
(h) generally for the guidance of the Consolidation Officers and other officers and persons in all proceedings under this Ordinance; and
(i) for appointment of an officer or officers to supervise the consolidation operations and to supervise and control the consolidation staff.
Section 30. Repeal
The Punjab Consolidation of Holdings Act, 1936 1, and the North- West Frontier Province Consolidation of Holdings Act, 1946 2, are hereby repealed.
1Punjab IV of 1936. 2N.W.F.P. IX of 1946.
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CONTENTS CHAPTER I Preliminary 1. Short title, extent and commencement. 2. Definitions. CHAPTER II Consolidation of Holdings 3. Who may move for consolidation of holdings. 4. When an application for consolidation of holdings shall be deemed to be on behalf of all the land-owners. 5. Application by some of the owners and its effect. 6. Transfer of rights of landowners in holdings and of tenants in tenancies. 7. When application may be rejected. 8. Admission of application. 9. Preparation of scheme for consolidation of holdings and appointment of Advisory Committee. 9-A. Power to exclude from or include in consolidation any land. 10. Publication of scheme, settlement of objections thereto and its confirmation. 11. Appeals. 12. Payment of compensation. 13. Power to call for and examine records. 14. No appeal except as provided by this Ordinance. 15. Procedure on confirmation. 16. Rights of land-owners and tenants after consolidation same as before. 17. Transfer of incumbrance to new allotments. 18. Right of land -owners, tenants and persons affected in newly allotted holdings and tenements. 18-A. Summary ejectment. 19. Revenue Officer to prevent encroachment upon way or path shown in new records. CHAPTER III Supplemental 20. Cost of consolidation proceedings. 21. Recovery of compensation or cost as arrears of land-revenue. 22. No instrument necessary to effect transfer. 23. Abeyance of partition proceedings during consolidation proceedings. 24. Transfer of property during consolidation proceedings. 25. Killabandi to be the basis. 26. Jurisdiction of Civil Court barred as regards matt ers arising under this Ordinance. 27. Public servants indemnified for acts done under this Ordinance. 28. The Ordinance not to affect the validity of consolidation of holdings by Co-operative Societies duly registered. 29. Power to make rules. 30. Repeal.
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THE PUNJAB CONSOLIDATION OF HOLDINGS
ORDINANCE, 1960
(VI of 1960)
CONTENTS
CHAPTER I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
Consolidation of Holdings
3. Who may move for consolidation of holdings.
4. When an application for consolidation of holdings shall be deemed to be
on behalf of all the land-owners.
5. Application by some of the owners and its effect.
6. Transfer of rights of landowners in holdings and of tenants in tenancies.
7. When application may be rejected.
8. Admission of application.
9. Preparation of scheme for consolidation of holdings and appointment of
Advisory Committee.
9-A. Power to exclude from or include in consolidation any land.
10. Publication of scheme, settlement of objections thereto and its
confirmation.
11. Appeals.
12. Payment of compensation.
13. Power to call for and examine records.
14. No appeal except as provided by this Ordinance.
15. Procedure on confirmation.
16. Rights of land-owners and tenants after consolidation same as before.
17. Transfer of incumbrance to new allotments.
18. Right of land -owners, tenants and persons affected in newly allotted
holdings and tenements.
18-A. Summary ejectment.
19. Revenue Officer to prevent encroachment upon way or path shown in
new records.
CHAPTER III
Supplemental
20. Cost of consolidation proceedings.
21. Recovery of compensation or cost as arrears of land-revenue.
22. No instrument necessary to effect transfer.
23. Abeyance of partition proceedings during consolidation proceedings.
24. Transfer of property during consolidation proceedings.
25. Killabandi to be the basis.
26. Jurisdiction of Civil Court barred as regards matt ers arising under this
Ordinance.
27. Public servants indemnified for acts done under this Ordinance.
28. The Ordinance not to affect the validity of consolidation of holdings by
Co-operative Societies duly registered.
29. Power to make rules.
30. Repeal.
TEXT
1
THE
2
[PUNJAB] CONSOLIDATION OF HOLDINGS ORDINANCE, 1960
(VI of 1960)
[10 March 1960]
An
Ordinance
to consolidate and amend the law relating to consolidation of holdings in the
Province of
3
[the Punjab].
Preamble.– WHEREAS it is expedient to consolidate and amend the law relating to
consolidation of holdings in the Province of
4
[the Punjab];
NOW, THEREFORE , in pursuance of the Pres idential Proclamation of the
seventh day of October, 1958, and having received the previous instructions of the
President, the Governor of West Pakistan is pleased, in exercise of all powers
enabling him in that behalf, to make and promulgate the following Ordinance:–
CHAPTER I
Preliminary
1. Short title, extent and commencement .– (1) This Ordinance may be called
the
5
[Punjab] Consolidation of Holdings Ordinance, 1960.
6
[(2) It extends to the whole of the Province of
7
[the Punjab] , except the
Tribal Areas.]
(3) It shall come into force
8
in such area or areas and from such date or
dates as Government may, by notification in the Official Gazette, specify.
1This Ordinance was promulgated by the Governor of West Pakistan on January 19, 1960, published in the Gazette of West
Pakistan (Extraordinary), dated March 10, 1960, pp. 1431 -1441; saved and given permanent effect by Article 225 of the
Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated Nov ember 2 0, 1974, pp. 1425 -A-1425-PP, Article 2(2) read with
Schedule, Part III, Serial No. 34.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 34.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), da ted November 2 0, 1974, pp. 1425 -A-1425-PP, Article 2(2) read with
Schedule, Part III, Serial No. 34.
8The Ordinance was brought in force in Dera Ismail Khan, Bannu, Kohat, Mianwali, Peshawar, Mardan, Hazara, Attock,
Rawalpindi, Gujrat, Muzaffargarh, Jhelum , Shahpur, Lahore, Gujranwala, Sialkot, Sheikhupura, Jhang, Lyallpur (now
Faisalabad), Montgomery (now Sahiwal), Multan, (now includes District of Vehari), Dera Ghazi Khan Districts with effect from
April 11, 1960, vide Notification No. 18O&A(Rev)/60, date d 9.4.1960, published in the Gazette of West Pakistan
(Extraordinary), dated April 11, 1960, p. 1691.
2. Definitions.– In this Ordinance, unless the context otherwise requires, the
following expressions sha ll have the meanings hereby respectively assigned to
them, that is to say–
(a) “arrears of land -revenue” means land -revenue which remains unpaid
after the date on which it becomes payable;
(b) “Board of Revenue” means the Board of Revenue constituted under
the
1
[Punjab] Board of Revenue Act, 1957
2
;
3
[(c) “Collector” means Collector appointed under the Punjab Land Revenue
Act, 1967 (XVII of 1967) and includes any other officer specially
empowered by the Board of Revenue to perform the functions of a
Collector;]
4
[
5
[(d) “Commissioner” means a Commissioner of a Division appointed under
the Punjab Land Revenue Act, 19 67 (XVII of 1967) and includes an
Additional Commissioner;]]
(e) “Consolidation Officer” means an officer appointed by the Board of
Revenue or by any other officer specially empowered by the Board of
Revenue in this behalf, to perform all or any of the functions of a
Consolidation Officer under this Ordinance;
(f) “consolidation of holdings” means the re -distribution of all or any of the
lands in an estate or sub -division of an estate so as to reduce the
number of plots;
(g) “estate” means any area–
(i) for which a separate record-of-rights has been made; or
(ii) which has been separately assessed to land -revenue, or would
have been so assessed if th e land -revenue had not been
released, compounded for or redeemed; or
(iii) which the Board of Revenue may, by general rule or special
order, declare to be an estate;
(h) “Government” means the
6
[Provincial Government of the Punjab];
1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Ex traordinary), dated November 2 0, 1974, pp. 1425 -A-1425-PP, Article 2(2) read with
Schedule, Part III, Serial No. 34.
2W.P. XI of 1957.
3Substituted by the Punjab Consolidation of Holdings (Amendment) Ordinan ce, 2001 (XLII of 2001) (w.e.f. 14.8.2001),
published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 2(i) which was protected and
continued under the Provincial Constitutional Order, 1999 (Chief Executive’s Order 1 of 1999) as amended by the Provincial
Constitution (Amendment) Order, 1999 (Chief Executive’s Order 9 of 1999) and Article 270AA of the Constitution of the Islamic
Republic of Pakistan as substituted by the Constitution (Eighteenth Amendment) Act, 2010.
4Substituted by the Punjab Consolidation of Holdings (Ame ndment) Ordinan ce, 2001 (XLII of 2001) (w.e.f. 14.8.2001),
published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 2(ii).
5Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) , published in the Punjab Gazette (Extraordinary), dated
April 14, 2011, pp. 4043-4047, s. 11(1). It came into force w.e.f. 20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated
April 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081.
6Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 2 0, 1974, pp. 1425-A-1425-PP, Article 2(2) read
with Schedule, Part III, Serial No. 34.
(i) “holding” means a share or portion of an estate held by one land-owner
or jointly by two or more land-owners;
(j) “land-owner” does not include a tenant, but does include a person to
whom a holding has been transferred, or an estate or holding has been
let in farm, for the recovery of arrears of land -revenue or of a sum
recoverable as such arrears, and every other person not hereinbefore
mentioned who is in possession of an estate or any share or portion
thereof, or in the enjoyment of any part of the profits of an estate;
(k) “land-revenue” includes any sum payable in respect of land by way of
quit-rent;
(l) “prescribed” means prescribed by rules made under this Ordinance;
(m) “Registrar” means the person appointed by Government to perform the
duties of a Registrar of Co-operative Societies under any law relating to
Co-operative Societies;
(n) “Revenue Officer” means a Revenue Officer having authority to
discharge the functions of a Revenue Officer under any law relating to
land-revenue; and
(o) “sub-division” means a part of an estate recorded as a sub -division,
patti, taraf or pana in a record-of-rights prepared under any law for the
time being in force relating to land -revenue, provided it forms a
compact block.
CHAPTER II
Consolidation of Holdings
3. Who may move for conso lidation of holdings.– (1) The Board of Revenue
or any officer authorised by it in this behalf may move the Consolidation Officer for
the consolidation of holdings in an estate or a sub-division.
(2) Any two or more land -owners in an estate or a sub -division holding
together not less than the minimum area of land prescribed in this behalf may make
an application in writing to the Consolidation Officer f or the consolidation of their
holdings.
4. When an application for consolidation of holdings shall be deemed to be
on behalf of all the land -owners.– (1) Where an application for consolidation of
holdings is made by or on behalf of all the land -owners of an estate or a sub -division
and the scheme of consolidation of holdings is confirmed, such scheme shall be
binding on all the land -owners of the estate or the sub -division and on every person
having a right or interest or who may subsequently become entitled to such right or
interest in the area included in the scheme.
(2) The motion or the application, as th e case may be, shall be deemed to
be an application on behalf of all the land-owners in the estate or sub-division, if–
(a) the Board of Revenue or an officer authorised by it in this behalf moves
the Consolidation Officer for the consolidation of the hold ings in an
estate or a sub-division;
(b) not less than fifty -one per cent. of the land -owners in an estate or a
sub-division, holdings not less than fifty -one per cent. of the cultivated
area in the estate or the sub -division, make an application for
consolidation of their holdings; or
(c) on inquiry into an application made under sub -section (2) of section 3,
the Consolidation Officer is satisfied that not less than fifty -one per
cent. of the land -owners in the estate or sub -division holding not less
than fifty-one per cent. of the cultivated area in the estate or sub -
division, agree in writing to the consolidation of their holdings.
Explanation.– If a part or the whole of the cultivated area in an estate or a sub -
division is evacuee property as defined in the Pakistan (Administration of Evacuee
Property) Act, 1957
1
, or in any other law relating to the administration of such
property, an application for consolidation of holdings made by the Custodian of
Evacuee Property or an officer authorised by him in thi s behalf, or the consent given
by him or the said officer, and where any such property has been acquired by
Government under section 4 of the Displaced Persons (Land Settlement) Act, 1958
2
,
an application for consolidation of holdings made by the Chief Set tlement and
Rehabilitation Commissioner, or an officer authorised by him in this behalf, or the
consent given by him or the said officer, shall be deemed to be an application or
consent on behalf of all evacuee land -owners of such cultivated area in the es tate or
the sub-division, or on behalf of the
3
[Federal Government], as the case may be.
5. Application by some of the owners and its effect .– Where an application
for consolidation is not by or on behalf of all the land -owners, it shall be confined to
the land owned by the applicants and by such other land-owners who have agreed to
the consolidation of their holdings, and, if confirmed, it shall be binding on them and
on every person having a right or interest or who may subsequently become entitled
to such right or interest in the area included in the scheme.
6. Transfer of rights of landowners in holdings and of tenants in
tenancies.– Notwithstanding anything in any other law, the rights and liabilities of
land-owners in their holdings and of tenants in t heir tenancies shall, for the purpose
of giving effect to any scheme of consolidation affecting them, be transferable by
exchange or otherwise and neither the landlord nor the tenant nor any other person
shall be entitled to object to or interfere with any transfer made for the said purpose.
7. When application may be rejected.– (1) Where there appear to be good and
sufficient reasons for disallowing an application for consolidation of holdings, or for
excluding any land from consolidation, the Consolidation Officer may, at any stage of
the proceedings, submit the application to the Collector with the recommendation
that the application be rejected in whole or in part, or that the proceedings in respect
thereof be quashed.
(2) The Collector, on receipt of t he recommendation, may pass such
orders thereon as he deems proper, rejecting or admitting the application, either in
1XII of 1957.
2XLVII of 1958.
3Substituted for the words “ Central Government” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the
Gazette of Pakistan (Extraordinary), Part I , dated August 1, 197 5, pp. 435-467, Arti cle 2( 3) read with Table of General
Adaptations.
whole or in part, or he may direct the Consolidation Officer to make further
recommendation after such enquiry as may be directed.
8. Admission of application .– If the Consolidation Officer makes no
recommendation to the Collector under sub-section (1) of section 7 or if the Collector
allows the application on such recommendation to be entertained in whole or in part,
the Consolidation Offic er shall admit the application in whole or in part, as the case
may be, and shall proceed to deal with it in such manner as may be prescribed.
9. Preparation of scheme for consolidation of holdings and appointment of
Advisory Committee .– (1) Where the land -owners making the application under
sub-section (2) of section 3 submit an agreed scheme for consolidation of holdings,
the Consolidation Officer shall proceed with the application in such manner as may
be prescribed.
(2) If no agreed scheme is submitted with the application for consolidation,
the Consolidation Officer shall prepare a scheme for consolidation of holdings in
such manner as may be prescribed.
(3) Subject to any rules made under section 29, the Consolidation Officer
may appoint an Advisory Committee or Panchayat to assist him in the preparation of
a scheme for the consolidation of holdings.
1
[9-A. Power to exclude from or include in consolidation any land .–
Notwithstanding anything contained in this Ordinance, the Board of Revenue may, in
the public interest, direct, by general or special order, that any land, holding or class
thereof shall be excluded from or included in any scheme of consolidation before it is
confirmed.]
10. Publication of scheme, settlement of objections thereto and its
confirmation.– (1) The Consolidation Officer shall, before approving any scheme,
publish it in such manner as may be prescribed.
(2) Where objections are lodged by any person interested in the area
covered by the scheme, the Consolidation Officer shall end eavour to bring about an
amicable settlement.
(3) If no objections are lodged, or where lodged the Consolidation Officer
succeeds in bringing about an amicable settlement, he shall pass an order
confirming the scheme of consolidation.
(4) If the Consolidation Officer fails to bring about an amicable settlement,
he shall submit the scheme with his recommendations to the Collector, who after
giving notice to the persons concerned and hearing them if they so desire, may, after
further enquiry by himself or a ny Consolidation Officer, or without such enquiry, as
he may deem fit, reject the scheme or confirm it with or without modifications.
11. Appeals.– (1) Any person aggrieved by an order of the Consolidation Officer
confirming the scheme may, within sixty da ys from the date of the order, prefer an
appeal to the Collector.
1Added by the West Pakistan Consolidation of Holdings (Punjab Amendment) Ordinance, 1971 (IV of 1971), published in the
Punjab Gazette (Extraordinary), dated March 22, 1971, pp. 323-324, s. 2, and shall be d eemed to have been so added on and
from the date of enforcement of the main Ordinance i.e. April 11, 1960.
(2) A second appeal from the order of the Collector passed on an appeal
under sub-section (1) shall lie to the
1
[
2
[Commissioner] within sixty days from the date
of the order ; provided that when the order of the Consolidation Officer is confirmed
on appeal by the Collector, no second appeal shall lie.
(3) Any person aggrieved by an order of the Collector made under sub -
section (4) of section 10 confirming, rejecting or modifying a scheme of consolidation
submitted to him by the Consolidation Officer may, within sixty days from the date of
the order, prefer an appeal to the
3
[
4
[Commissioner]].
5
[(3-A) The Collector or the
6
[
7
[Commissioner]], in appeal may, after giving the
aggrieved person or persons an opportunity of being heard confirm, set aside or vary
the order appealed from.]
8
[(4) In questions of the admission of, and the computation of the period for,
an appeal from the order under this Ordinance, the limitation therefor shall be
governed by the Limitation Act, 1908.]
12. Payment of compensation .– When the Consolidation Officer or the
Collector, as the case may be, is of the opinion that the re -distribution of land in
accordance with the scheme of consolidation confirmed by him will have the result of
allotting to any land -owner any piece of land which is not of the same value as his
original piece of land and that it is equitable that compensation should be granted, he
may provide for payment of compensation by and to the persons as ma y be affected
by the scheme.
13. Power to call for and examine records.–
9
[(1) The Board of Revenue may–
(a) at any time of its own motion call for the record of any proceedings
under this Ordinance pending before, or disposal of, by any Revenue
or Consolidation Officer; or
1Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3.
2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011), published in the Punjab Gazette ( Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f.
20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary),
dated April 16, 2011, p. 4081.
3Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3.
4Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f.
20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary),
dated April 16, 2011, p. 4081.
5Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West
Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3, read with Second Schedule, Serial No. 16.
6Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3.
7Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011), published in the Punjab Gazette (Extraordinary ), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f.
20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary),
dated April 16, 2011, p. 4081.
8Added by the West Pakista n Consolidation of Holdings (Amendment) Act, 1964 (XVI of 1964), published in the Gazette of
West Pakistan (Extraordinary), dated March 24, 1964, p. 953, s. 2.
9Substituted by the West Pakistan Consolidation of Holdings (Amendment) Ordinance, 1965 (XVII of 1965), published in the
Gazette of West Pakistan (Extraordinary), dated July 9, 1965, pp. 3665-3666, s. 2.
(b) on application made to it in that behalf by a person aggrieved within
ninety days of the passing of an order in any proceedings under this
Ordinance by any Revenue or Consolidation Officer, and after giving
such person an opportunit y of being heard, call for the record of such
proceedings.]
(2)
1
[
2
[A Commissioner ]] or Collector may call for the record of any case
under this Ordinance pending before, or disposed of by, any Revenue Officer or
Consolidation Officer under his control.
(3) If in any case in which a Collector has called for the record under sub -
section (2), he is of opinion that the proceedings taken or order made should be
modified or reversed; he shall report the case with his opinion thereon for the orders
of the
3
[
4
[Commissioner]].
(4) The Board of Revenue may in any case called for under sub -section
(1) and
5
[
6
[a Commissioner]] may in any case called for by him under sub -section (2)
or reported to him under sub-section (3), pass such order as it or he thinks fit:
Provided that no order shall be passed under this section reversing or
modifying any proceedings or order of a subordinate Revenue Officer and affecting
any question of right between private persons without giving those persons an
opportunity of being heard.
14. No appeal except as provided by this Ordinance.– Save as provided in this
Ordinance no appeal or revision shall lie from any order passed under this
Ordinance or the rules made thereunder.
15. Procedure on confirmation .– When the confirmation of a sch eme of
consolidation becomes final, the Consolidation Officer shall–
(a) announce the decision which has become final, if this has not been
already done;
(b) demarcate the boundaries of the holdings, if necessary; and
(c) cause to be prepared a new record -of-rights in accordance with the
scheme.
1Substituted for the words “A Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(i).
2Substituted for the words and brackets “An Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011
(VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(i). It came into force
w.e.f. 20.4.2011 vide Notification No. 1078 -2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette
(Extraordinary), dated April 16, 2011, p. 4081.
3Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(ii).
4Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of
2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(ii). It came into force
w.e.f. 20.4.2011 vide Notification No. 1078 -2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette
(Extraordinary), dated April 16, 2011, p. 4081.
5Substituted for the words “a Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of
2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(iii).
6Substituted for the words and brackets “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011
(VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(iii). It came into
force w.e.f. 20.4.2011 vide Notification No. 1078 -2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette
(Extraordinary), dated April 16, 2011, p. 4081.
Explanation.– Such record -of-rights shall have the same force as the record -of-
rights which it purports to replace.
16. Rights of land -owners and tenants after consolidation same as before .–
A land-owner or a tenant shall have the same right s in the holding or land allotted to
him in pursuance of a scheme of consolidation as he had in his original holding or
tenancy, as the case may be.
17. Transfer of incumbrance to new allotments.– Subject to any rules that may
be made under section 29, when the holding of a land -owner or the tenancy of a
tenant brought under the scheme of consolidation is burdened with any lease,
mortgage or other incumbrance, such lease, mortgage or other incumbrance shall be
transferred and attac hed to the holding or tenancy allotted under the scheme or to
such part of it as the Consolidation Officer may direct; and, thereupon, the lessee,
mortgagee or other incumbrancer, as the case may be, shall cease to have any right
in or over the land from w hich the lease, mortgage or other incumbrance has been
transferred.
18. Right of land -owners, tenants and persons affected in newly allotted
holdings and tenements.– The land-owners, tenants and other persons affected by
the scheme of consolidation shall b e entitled to possession of the holdings and
tenements allotted to them under the scheme and the Consolidation Officer shall, by
an order, direct that they be put in possession thereof from such date after the final
confirmation of the scheme, as he may de em expedient, and for this purpose he
shall have all the powers of the Collector.
1
[18-A. Summary ejectment .– Any person occupying, or in possession of, any
holding or tenement included in the Consolidation Scheme–
(a) the right of occupation of which has been allotted to any land -owner,
tenant or other person under the Consolidation Scheme; or
(b) possession of which has not been authorised by the Consolidation
Officer under the Consolidation Scheme;
may, after being given a reasonable opportunity of showi ng cause
against such action, be summarily ejected by the Consolidation Officer,
with the use of such force as may be necessary:
Provided that no person shall be so ejected earlier than the date mentioned in
the order made under section 18.]
19. Revenue O fficer to prevent encroachment upon way or path shown in
new records.– A Revenue Officer may, either of his own motion or on an application
in this behalf, eject any person making any encroachment upon any way or path
shown in the record -of-rights prepared under section 15, and by an order published
in such manner as may be prescribed, forbid repetition of the encroachment:
Provided that the proceedings of the Revenue Officer shall be subject to any
decree or order which may be passed by any Court of competent jurisdiction.
1Added by the West Pakistan Consolidation of Holdings (Amendment) Ordinance, 1965 (XVII of 1965), published in the Gazette
of West Pakistan (Extraordinary), dated July 9, 1965, pp. 3665-3666, s. 3.
CHAPTER III
Supplemental
20. Cost of consolidation proceedings.– The cost of consolidation proceedings
shall be recovered, in such manner as may be prescribed, from the person s whose
holdings are affected by the scheme of consolidation:
Provided that Government may remit the costs of a single scheme of
consolidation or of all schemes of consolidation in a particular area either in whole or
in part or for a term of years.
21. Recovery of compensation or cost as arrears of land -revenue.– Any
amount payable as compensation under section 12 or as costs under section 20 may
be recovered as an arrear of land-revenue.
22. No instrument necessary to effect transfer .– Notwithstanding anything in
any law:–
(a) an instrument in writing shall not be necessary in order to give effect to
a transfer involved in carrying out any scheme of consolidation of
holdings; and
(b) if any instrument is executed, it shall not require registration.
23. Abeyance of partition proceedings during consolidation proceedin gs.–
When an application for the consolidation of holdings has been made and it has
been duly admitted, partition proceedings in respect of the estate or sub -division
which will be affected by the scheme shall not be commenced, and all pending
proceedings shall remain in abeyance till the conclusion of the consolidation
proceedings.
24. Transfer of property during consolidation proceedings .– When an
application for the consolidation of holdings has been made, no land -owner or tenant
having a right of occupa ncy upon whom the scheme will be binding shall have
power, without the sanction of the Consolidation Officer, during the pendency of the
consolidation proceedings, to transfer or otherwise deal with any part of his holding
or tenancy so as to affect the ri ghts of any other land -owner or tenant having a right
of occupancy therein under the scheme of consolidation.
25. Killabandi to be the basis.– Consolidation of holdings shall be carried out on
the basis of killabandi where the physical features of the tract under operation permit
such a course.
26. Jurisdiction of Civil Court barred as regards matters arising under this
Ordinance.– No Civil Court shall entertain any suit or application to obtain a decision
or order in respect of any matter which Government or the Board of Revenue or any
officer is, by this Ordinance, empowered to determine, decide or dispose of.
27. Public servants indemnified for acts done under this Ordinance .– No suit
or other legal proceedings shall be maintained in respect of the exerci se of any
powers or discretion conferred by this Ordinance or against any public servant or
person duly appointed or authorised under this Ordinance in respect of anything in
good faith done or purported to be done under the provisions thereof or the rules
made thereunder.
28. The Ordinance not to affect the validity of consolidation of holdings by
Co-operative Societies duly registered .– In relation to any Co -operative Society
duly registered under any law for the time being in force relating to Co -operative
Societies, having as its object the consolidation of holdings, nothing in this
Ordinance shall affect the validity or enforceability of–
(a) the acts or proceedings of any society as aforesaid or of its managing
committee or servants;
(b) any decision o f any society as aforesaid approving by a two -thirds
majority of its whole membership, a scheme for the re -arrangement of
the holdings of all or any members of such society; or
(c) the acts, proceedings and awards done, taken or made by the
Registrar acting as arbitrator, or by a person appointed by the Registrar
in accordance with the bye -laws of such society and the rules
applicable to it, to act as arbitrator, in respect of any dispute arising out
of or relating to any scheme of re -arrangement as aforesa id, and all
such acts, proceedings, decisions and awards shall have such effect in
relation to the holdings which have been re -arranged thereby, as is
provided by the aforesaid bye-laws and rules.
29. Power to make rules .– (1) The Board of Revenue may afte r previous
publication make rules
1
for the purpose of carrying into effect the provisions of this
Ordinance.
(2) In particular and without prejudice to the generality of the foregoing
power, the Board of Revenue may, in the manner prescribed by the last p receding
sub-section, make rules–
(a) prescribing the minimum area of land to be held by the persons making
an application under sub-section (2) of section 3;
(b) providing for the particulars to be contained in any application made
under sub-section (2) of section 3;
(c) providing for the procedure to be followed by the Consolidation Officer
and for the appointment and constitution of an Advisory Committee or
Panchayat to assist the Consolidation Officer in the examination or the
preparation of the scheme;
(d) providing for the manner in which the costs of the consolidation
proceedings shall be assessed;
(e) providing for the appointment of guardians ad litem for minors;
(f) for determining the value of lands and the compensation to be paid
therefor;
1The West Pakistan Consolidation of Holdings Rules, 1960 we re framed vide Notification No. 1691 -60/1042-CH(P), dated
6.08.1960, published in the Gazette of West Pakistan (Extraordinary), dated 22.08.1960, pp. 3475-3478.
(g) for the guidance of Consolidation Officers in respect of the transfer of
incumbrances and leases;
(h) generally for the guidance of the Consolidation Officers and other
officers and persons in all proceedings under this Ordinance; and
(i) for appointment of an officer or officers to supervise the consolidation
operations and to supervise and control the consolidation staff.
30. Repeal.– The Punjab Consolidation of Holdings Act, 1936
1
, and the North -
West Frontier Province Consolidation of Holdings Act, 1946
2
, are hereby repealed.
1Punjab IV of 1936.
2N.W.F.P. IX of 1946.This law in the library
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Section 3
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rea in the estate or the sub -division, make an application for consolidation of their holdings; or (c) on inquiry into an application made under sub -section (2) of section 3, the Consolidation Officer is satisfied that not less than fifty -one per cent. of the land -owners in the estate or sub -division holding not less than fifty-one per cent. of the cultivated area in the estate or sub - div
Section 7
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after such enquiry as may be directed. 8. Admission of application .– If the Consolidation Officer makes no recommendation to the Collector under sub-section (1) of section 7 or if the Collector allows the application on such recommendation to be entertained in whole or in part, the Consolidation Offic er shall admit the application in whole or in part, as the case may be, and shall proceed to d
Section 3
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eparation of scheme for consolidation of holdings and appointment of Advisory Committee .– (1) Where the land -owners making the application under sub-section (2) of section 3 submit an agreed scheme for consolidation of holdings, the Consolidation Officer shall proceed with the application in such manner as may be prescribed. (2) If no agreed scheme is submitted with the application for consol
Section 29
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lidation, the Consolidation Officer shall prepare a scheme for consolidation of holdings in such manner as may be prescribed. (3) Subject to any rules made under section 29, the Consolidation Officer may appoint an Advisory Committee or Panchayat to assist him in the preparation of a scheme for the consolidation of holdings. 1 [9-A. Power to exclude from or include in consolidation any land .
Section 10
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Officer is confirmed on appeal by the Collector, no second appeal shall lie. (3) Any person aggrieved by an order of the Collector made under sub - section (4) of section 10 confirming, rejecting or modifying a scheme of consolidation submitted to him by the Consolidation Officer may, within sixty days from the date of the order, prefer an appeal to the 3 [ 4 [Commissioner]]. 5 [(3-A)
Section 29
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ation as he had in his original holding or tenancy, as the case may be. 17. Transfer of incumbrance to new allotments.– Subject to any rules that may be made under section 29, when the holding of a land -owner or the tenancy of a tenant brought under the scheme of consolidation is burdened with any lease, mortgage or other incumbrance, such lease, mortgage or other incumbrance shall be transferr
Section 18
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ation Officer, with the use of such force as may be necessary: Provided that no person shall be so ejected earlier than the date mentioned in the order made under section 18.] 19. Revenue O fficer to prevent encroachment upon way or path shown in new records.– A Revenue Officer may, either of his own motion or on an application in this behalf, eject any person making any encroachment upon any w
Section 15
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er of his own motion or on an application in this behalf, eject any person making any encroachment upon any way or path shown in the record -of-rights prepared under section 15, and by an order published in such manner as may be prescribed, forbid repetition of the encroachment: Provided that the proceedings of the Revenue Officer shall be subject to any decree or order which may be passed by any
Section 12
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area either in whole or in part or for a term of years. 21. Recovery of compensation or cost as arrears of land -revenue.– Any amount payable as compensation under section 12 or as costs under section 20 may be recovered as an arrear of land-revenue. 22. No instrument necessary to effect transfer .– Notwithstanding anything in any law:– (a) an instrument in writing shall not be necessary in or
Section 20
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part or for a term of years. 21. Recovery of compensation or cost as arrears of land -revenue.– Any amount payable as compensation under section 12 or as costs under section 20 may be recovered as an arrear of land-revenue. 22. No instrument necessary to effect transfer .– Notwithstanding anything in any law:– (a) an instrument in writing shall not be necessary in order to give effect to a tra
Section 3
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d by the last p receding sub-section, make rules– (a) prescribing the minimum area of land to be held by the persons making an application under sub-section (2) of section 3; (b) providing for the particulars to be contained in any application made under sub-section (2) of section 3; (c) providing for the procedure to be followed by the Consolidation Officer and for the appointment and consti
Section 3
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ersons making an application under sub-section (2) of section 3; (b) providing for the particulars to be contained in any application made under sub-section (2) of section 3; (c) providing for the procedure to be followed by the Consolidation Officer and for the appointment and constitution of an Advisory Committee or Panchayat to assist the Consolidation Officer in the examination or the pre
Provisions explicitly cited in other instruments 1
Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB CONSOLIDATION OF HOLDINGS ORDINANCE, 1960
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West Pakistan on January 19, 1960, published in the Gazette of West Pakistan (Extraordinary), dated March 10, 1960, pp. 1431 -1441; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated Nov ember 2 0, 1974, pp. 1425 -A-1425-PP,
Target heading · Constitution of the Islamic Republic of Pakistan
225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
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- 5170df63a6e2d6f8b0994d9a1cbd6390a0b59842273ae275853cdb9087caa68d
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- ec1b3c27c16069d3a4b3f28206ffb09aabd7a81cf05a4972ad710212eef2cc4b
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