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COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

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THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912 (V of 1912)

TEXT 1THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912 (V of 1912) [21 June 1912] An Act to make better provision for the Colonization and Administration of Government Lands in the Punjab.

WHEREAS it is expedient to make better provision for the colonization and administration of Government lands in the Punjab;

It is hereby enacted as follows:–

Section 1. Title and local extent

(1) This Act may be called the Colonization of Government Lands (Punjab) Act, 1912.

(2) 2[It extends to the whole of the Province of 3[the Punjab], except the Tribal Areas.]

Section 2. Repeal

The Government Tenants (Punjab) Act, 1893 4, is hereby repealed.

Section 3. Definitions

In this Act, unless there is something repugnant in the subject or context,– “Collector” means the Collector of the district as described in 5[ 6[the Punjab] Land Revenue Act, 1967 7], and includes (1) any officer appointed by the 8[ 1[Board of Revenue]] to perform all or any of the functions and exercise all or

1For Statement of Objects and Reasons, see Punjab Gazette, 1910, Part V, page 176; for Report of the Select Committee, see Punjab Gazette, 1911, Part V, p. 429, and ibid.,1912, Part V, p. 85; for Proceedings in Council, see ibid., 1910, Part V, p. 188, ibid., 1911, Part V, p. 420, and ibid., Part V, pp. 50 and 135. The Act of 1912 of the Lieutenant Governor of the Punjab in Council received the assent of His Honour the Lieutenant-Governor on the 18th May 1912, and that of His Excellency the Viceroy and Governor-General on the 6th June 1912 and published in the Punjab Gazette, June 28, 1912, pp. 150-155.

2Substituted for the words “It extends to the Punjab” by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 2.

3Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Orders No. I of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A -1425-OO, s. 1 of Part II.

4India Act III of 1893.

5Substituted for the words, comma and figure “Punjab Land Revenue Act, 1887” by the words, comma and figure “West Pakistan Land Revenue Act, 1967” by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, clause (a) of s. 3.

6Substituted for the words “West Pakistan” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8.

7XVII of 1967.

8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

any of the powers of the Collector under this Act, and (2) any Colonization Officer or Assistant Colonization Officer appointed as such before the commencement of this Act, whether or no such officer was by notification appointed to perform all or any of the functions of a Deputy Commissioner under the Act hereby repealed.

“ 2[ 3[Commissioner]]” includes any officer appointed by the 4[ 5[Board of Revenue]] to perform all or any of the functions and exercise all or any of the powers of a 6[ 7[Commissioner]] under this Act.

“Colony” means any area to which this Act shall be applied by order of the 8[ 9[ 10[Provincial Government]]] and, unless the 11[ 12[ 13[Provincial Government]]] otherwise directs, any area to which the Government Tenants (Punjab) Act, 1893 14, has been applied.

1Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977.

2Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXII of 2001), dated 25th October, 2001, published in the Punjab Gazette (Extraordinary), dated October 25, 2001, pp. 1751-1752, s. 2.

3Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8.

4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

5Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977.

6Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXII of 2001), dated 25th October, 2001, published in the Punjab Gazette (Extraordinary), dated October 25, 2001, pp. 1751-1752, s. 2.

7Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8.

8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

9Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977.

10Substituted for the words “Board of Revenue” by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, clause (b) of s. 3.

11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

12Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977.

13Substituted for the words “Board of Revenue” by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002.

14India Act III of 1893.

“Prescribed” means sanctioned by the 1[ 2[Board of Revenue]] under this Act or under the Act hereby repealed.

3[“Improvements” means with reference to a tenancy, any work which is suitable to the tenancy and consistent with the conditions on which it is held, by which the value of the tenancy has been and continues to be increased, and which, if not executed on the tenancy, is either executed directly for its benefit, or is, after execution, made directly beneficial to it: Explanation I.– It includes among other things–

(a) the construction of wells and other works for the storage or supply of water for agricultural purposes;

(b) the construction of works for drainage and for protection against floods;

(c) the planting of trees, the reclaiming, enclosing, leveling and terracing of land for agricultural purposes and other works of a like nature;

(d) the erection of buildings required for the more convenient or profitable cultivation of a tenancy; and

(e) the renewal or reconstruction of any of the foregoing works, or such alterations therein, or additions thereto, as are not of the nature of mere repairs and as durably increase their value; But it does not include such clearances, embankments, levelling, enclosures, temporary wells and water-channels as are made by tenants in the ordinary course of cultivation and without any special expenditure, or any other benefit accruing to land from the ordinary operations of husbandry; Explanation II.– A work which benefits several tenancies may be deemed to be, with respect to each of them, an improvement. Explanation III.– A work executed by a tenant is not an improvement if it substantially diminishes the value of any other part of his landlord’s property.] “Tenant” means any person holding land in a colony as a tenant 4[of 5[Government]], and includes the predecessors and successors in interest of a tenant.

1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

2Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2.

3Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, clause (c) of s. 3.

4Substituted for the words “of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

5Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

1[“Original tenant” means any male, to whom a tenancy is first allotted by the Collector, and includes the male transferee of such a tenant and any male nominated by the Collector in accordance with the provisions of section 21 to succeed a female, to whom a tenancy was first allotted.]

CHAPTER I

Preliminary

Section 4. Application of the Act

This Act shall, unless the 2[Provincial Government] otherwise directs, apply to land to which the provisions of the Government Tenants

(Punjab) Act, 1893 3, have been applied and to any other land to which the 4[Provincial Government] may by notification in the official Gazette apply it and which at the time of the notification was the 5[property of the 6[Provincial Government]]:

Provided that 7[unless the 8[Provincial Government] by general or special order otherwise directs] nothing in sections 20, 21, 22 and 23, or in the proviso to section 14 of this Act shall, 9[* * * * *], apply to tenancies specified in Schedule I of this Act, or to any class of tenancies created hereafter which the 10[Provincial Government] may declare to be scheduled tenancies under this section.

Section 5. Power to withdraw a colony from the operation of the Act

The 11[Provincial Government] may, at any time by notification in the official Gazette, withdraw a colony or any part of a colony from the operation of all or any of the provisions of this Act.

1Added by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920), published in the Punjab Gazette, June 11, 1920, p. 264, s. 2.

2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

3India Act III of 1893.

4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

5Substituted for the words “property of the Government” by the Order ibid., Article 3 and Schedule VI.

6Substituted for the words “Crown for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

7Inserted by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and the First Schedule, Part VII- Punjab Acts and published in the Punjab Gazette, dated 24.9.1920, pp. 127 to 153.

8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

9Omitted the words “without the previous sanction of the Governor-General in Council” by the Devolution Act, 1929 (XXXVIII of 1929), by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and the First Schedule and published in the Gazette of India, dated

Section 14. Position of tenants holding hitherto under Act III of 1893

9.1920.

10Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

11Ibid.

Section 6. 1[Applicability of Tenancy Laws

Except as provided in section 7, the Punjab Tenancy Act, 1887 2, or any other law relating to tenancy for the time being in force in any part of 3[the Punjab], shall not be applicable to tenancies under this Act.]

Section 7. 4[Applicability of [the Punjab] Land Revenue Act], 1967, etc

(1) Subject to the provisions of this Act, the 5[Punjab Land Revenue Act], 1967, Chapter VII of the Punjab Tenancy Act, 1887, or the corresponding provisions of any other law relating to tenancy for the time being in force in the area where proceedings under this Act are to be taken, and the rules thereunder, shall apply to all proceedings under this Act:

Provided that nothing in the 6[Punjab Land Revenue Act], 1967, the Punjab Tenancy Act, 1887, or any other law relating to tenancy for the time being in force in 7[the Punjab], shall be so construed as to vary or invalidate any condition entered in any statement of conditions issued by the Provincial Government.

(2) Nothing in section 6 shall affect the application of the Punjab Tenancy Act, 1887, or any other law relating to tenancy for the time being in force, to any matter or dispute arising between Government tenants and their sub-tenants to which Government is not a party.]

Section 8. [Omitted]

8[ * * * * * * * * * ]

Section 9. [Omitted]

9[ * * * * * * * * * ]

CHAPTER II

Provisions relating to tenants

Section 10. Issue of statements of conditions of tenancies

(1) The 1[ 2[Board of Revenue subject to the general approval of the Government]] may grant land in a colony to any person on such conditions as it thinks fit.

1Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 4.

2XVI of 1887.

3Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. I of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A -1425-OO, s. 2 of Part II.

4Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 5.

5Substituted for the words “West Pakistan Land Revenue Act” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No.

I of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A -1425-OO.

6Substituted for the words “West Pakistan Land Revenue Act” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No.

I of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A -1425-OO, clause (i) of s. 3 of Part II.

7Substituted for the words “West Pakistan” by the Order ibid., clause (ii) of s. 3 of Part II.

8Omitted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 6.

9Ibid.

(2) The 3[Provincial Government] may issue a statement or statements of the conditions on which it is willing to grant land in a colony to tenants.

(3) Where such statements of conditions have been issued, the Collector may, subject to the control of the 4[Board of Revenue], allot land to any person, to be held subject to such statement of conditions issued under sub-section (2) of this section as the Collector may by written order declare to be applicable to the case.

(4) No person shall be deemed to be a tenant or to have any right or title in the land allotted to him until such a written order has been passed and he has taken possession of the land with the permission of the Collector. After possession has been so taken, the grant shall be held subject to the conditions declared applicable thereto.

Section 11. Legal effect of statements of conditions

Subject to the provisions of this Act, the grant of any tenancy in accordance with any statement of conditions which has been or may hereafter be issued by the 5[Provincial Government] under the Government Tenants (Punjab) Act, 1893 6, or under this Act shall be deemed to be a transfer of land within the meaning of the Crown Grants Acts, 1895 7, and shall be governed by the provisions of the said Act.

Section 12. Temporary absence

Any condition included in any statement of conditions which imposes an obligation of residence shall not be deemed to have been infringed by reason only of the temporary absence of a tenant who has established a permanent residence in the estate in which his holding is situated.

Section 13. Entries in record-of-rights or in annual record to be equivalent to entries in register issued under Act III of 1893

Where in any statement of conditions issued before the commencement of this Act reference is made to any register prescribed under the Government Tenants (Punjab) Act, 1893 8, then the record-of- rights or the annual record shall, so far as may be, be deemed to be such a register.

1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

2Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2.

3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

4Substituted for the words “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (West Pakistan Act No. XVI of 1957), dated 25th July, 1957, published in the Gazette of West Pakistan, dated July 25, 1957, pp. 709- 789, subsection (2) of s. 3.

5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

6India Act III of 1887. 7India Act XV of 1895. 8India Act III of 1893.

14. Position of tenants holding hitherto under Act III of 1893.– Any person, who at any time before the commencement of this Act was a tenant from 1[ 2[Government]] of land to which the Government Tenants (Punjab) Act, 1893 3, applied, and for which a statement of conditions was issued under that Act, shall, notwithstanding any previous agreement or anything contained in the Punjab Tenancy Act, 1887 4, or any other enactment now in force, be deemed to have accepted and to hold the lands of which he is a tenant in accordance with such statement of conditions:

Provided that unless such tenant 5[not being a Muslim] shall, by deed executed and registered within twelve months from the date on which this Act comes into force, declare that the succession to his tenancy shall be in accordance with the statement of conditions applicable thereto, the succession to his tenancy shall be regulated by the provision of sections 20, 21, 22 and 23 of this Act.

Section 15. Purchaser to be tenant pending payment in full of purchase money

A purchaser from 6[ 7[Government]] of land who has been placed in possession of the land by order of the Collector shall be deemed to be a tenant of such land until the full amount of the purchase money with any interest due thereon has been paid and the other conditions set forth in the statement of the conditions of sale issued by the Collector have been fulfilled.

Section 16. False information by a tenant

If any person who after the commencement of this Act has been put in possession of land in a colony as a tenant shall have given false information intending or having reason to believe that any 8[servant of the State] may be thereby deceived regarding his qualifications to become a tenant, he shall be deemed to have committed a breach of the conditions of his tenancy:

9[ * * * * * * * * * ]

Section 17. Exchanges

Subject to any orders that he may receive from the 10[ 1[Commissioner]], the Collector may allow any tenant to exchange the whole or any

1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

3India Act III of 1893. 4India Act XVI of 1887.

5Inserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1951 (Punjab Act III of 1951), dated 23rd January, 1951, published in the Punjab Gazette, dated January 23, 1951, pp. 13-14.

6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

7Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

8Substituted for the words “officer of the Crown” by the Order ibid.

9Deleted by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published in the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, s. 2.

10Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXII of 2001), dated 25th October, 2001, published in the Punjab Gazette (Extraordinary), dated October 25, 2001, pp. 1751-1752, s. 2.

part of his tenancy for other land in the colony, and the land so taken in exchange shall, in the absence of any special condition to the contrary recorded in writing by the Collector, be deemed to be held on the same conditions and subject to the same obligations as the surrendered land was held.

Section 18. Rights of tenant not to be attached or sold

None of the rights or interests vested in a tenant from Government of land to which this Act applies shall be attached or sold in execution of a decree or order of any court or in any insolvency proceedings.

Section 19. Transfers of rights to be void

Except as provided in section 17, none of the rights or interests vested in a tenant by or under the Government Tenants

(Punjab) Act, 1893 2, or this Act shall, without the consent in writing of the 3[ 4[Commissioner]], or of such officer as he may by written order empower in this behalf, be transferred or charged by any sale, exchange, gift, will, mortgage or other private contract, other than a sub-lease for not more than one year in the case of a tenant who has not acquired a right of occupancy and seven years in the case of a tenant who has acquired a right of occupancy. Any such transfer or charge made without such consent in writing shall be void, and if (after the commencement of this

Act) the transferee has obtained possession, he shall be ejected under the orders of the Collector:

Provided that the right of sub-letting conferred by this section shall not release any tenant from a condition requiring him to reside in the estate in which his tenancy is situated. 5[19A. When after the coming into force of the Colonization of Government Lands

(Punjab) (Amendment) Act, 1951, any Muslim tenant dies, succession to the tenancy shall devolve on his heirs in accordance with the Muslim Personal Law (Shariat), and nothing contained in sections 20 to 23 of this Act shall be applicable to his case:

Provided that when the tenancy rights are held by a female as a limited owner under this Act, succession shall open out on the termination of her limited interest to all persons who would have been entitled to inherit the property at the time of the death of the last full owner had the Muslim Personal Law (Shariat) been applicable at the time of such death, and in the event of the death of any of such persons before the termination of the limited interest mentioned above, succession shall devolve on his heirs and successors existing at the time of the termination of the limited interest of the female as if the aforesaid such person had died at the termination of the

1Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (2) of s. 8.

2India Act III of 1893.

3Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXII of 2001), dated 25th October, 2001, published in the Punjab Gazette (Extraordinary), dated October 25, 2001, pp. 1751-1752, s. 2.

4Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (2) of s. 8.

5Inserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1951 (Punjab Act III of 1951), dated 23rd January, 1951, published in the Punjab Gazette, dated January 23, 1951, pp. 13-14, s. 3.

limited interest of the female and had been governed by the Muslim Personal Law (Shariat):

Provided further that the share, which the female limited owner would have inherited had the Muslim Personal Law (Shariat) been applicable at the time of the death of the last full owner shall devolve on her if she loses her limited interest in the property on account of her marriage or remarriage and on her heirs under the Muslim Personal Law (Shariat) if her limited interest terminates because of her death.]

Section 20. Succession to tenants acquiring otherwise than by succession

1[Subject to the proviso to section 14, when, after the commencement of this Act, any original tenant dies the succession to the tenancy shall devolve in the following order upon–

(a) the male lineal descendants of the tenant in the male line of descent. (The term “lineal descendants” shall include an adopted son whose adoption has been ratified by a registered deed);

(b) the widow of the tenant until she dies, or re-marries, or loses her rights under the provisions of this Act;

(c) the unmarried daughters of the tenant until they die or marry, or lose their rights under the provisions of this Act;

(d) the successor or successors nominated by the tenant by registered deed from among the following persons, that is to say, his mother, 2[his pre-deceased son’s widow, his pre-deceased grandson’s widow], his married daughter, his daughter’s son, his sister, his sister’s son, and the male agnate members of his family; and

(e) the successor or successors nominated by the Collector from among the persons enumerated in clause (d) of this section.]

Section 21. Succession to tenants acquiring by succession

3[When, after the commencement of this Act, any male tenant, who is not an original tenant, dies, or any female tenant dies, marries or re-marries, the succession to the tenancy shall devolve–

(a) in the case of a female, to whom the tenancy has been first allotted, on the successor nominated by the Collector from the issue of such female tenant, or from the male agnates of the person, on account of whose services the tenancy was allotted to her;

(b) in all other cases, on the person or persons, who would succeed if the tenancy were agricultural land acquired by the original tenant.]

1Substituted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920), published in the Punjab Gazette, June 11, 1920, at p. 264, s. 3.

2Inserted by the Colonization of Government Lands (Punjab) Amendment Act, 1941 (Punjab Act XIII of 1941), dated the 13th December, 1941, published in the Government Gazette (Extraordinary) Punjab, dated 15.12.1941, p. 303, s. 2.

3Substituted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920), published in the Punjab Gazette, June 11, 1920, p. 264, s. 4.

Section 22. Acquisition of ownership not to affect nomination of heir

When a tenant has nominated a successor to his tenant under section 20(d) and subsequently acquires a right of ownership in the tenancy, the right of succession of the person so nominated shall, unless the deed of nomination expressly provides to the contrary, be unaffected by such acquisition of ownership.

Section 23. Revocation of nomination

When a tenant has, under section 20(d) of this Act, nominated a successor, he may at any time, whether before or after acquiring ownership, revoke such nomination, but not otherwise than by registered deed.

Section 24. Power of imposing penalties for breaches of conditions

When the Collector is satisfied that a tenant in possession of land has committed a breach of the conditions of his tenancy, he may, after giving the tenant an opportunity to appear and state his objections,–

(a) impose on the tenant a penalty not exceeding 1[ 2[ten thousand rupees]], or

(b) order the resumption of the tenancy;

Provided that if the breach is capable of rectification, the Collector shall not impose any penalty or order the resumption of the tenancy unless he has issued a written notice requiring the tenant to rectify the breach within a reasonable time, not being less than one month, to be stated in the notice and the tenant has failed to comply with such notice.

Section 25. Power of re-entry and provisions as to compensation in certain cases

Where an order resuming the tenancy has been passed under the last preceding section, the Collector may forthwith re-enter upon the land and resume possession of it, subject to the payment of compensation, to be fixed by the Collector, for uncut and ungathered crops and for the improvements, if any, that may have been made by the tenant:

Provided that if the tenancy be allotted to any other person, the amount of the compensation, if any, paid to the out-going tenant shall be recoverable by the Collector from the incoming tenant.

Section 26. Provisions for re-entry on and compensation for buildings on sites allotted for residential purposes

In any case where a tenant has been allotted a site for residential purposes in consideration of his tenancy, and such tenancy has been resumed under the provisions of sections 24 and 25 of this Act, the Collector may re-enter on and take possession of such site:

Provided that the Collector shall fix and pay to the said tenant reasonable compensation for, or permit him to remove, any buildings or improvements made by him on such site.

1Substituted for the words “one hundred rupees” by the Colonization of Government Lands (Punjab) Act (Amendment) Ordinance, 1983 (Punjab Ordinance No. II of 1983), dated 18th January, 1983, published in the Punjab Gazette (Extraordinary), dated January 18, 1983, pp. 23-B-23-C, clause (1) of s. 2.

2Substituted for the words “five thousand rupees” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 1999 (Punjab Ordinance No. XLVII of 1999), dated 27th September, 1999, published in the Punjab Gazette (Extraordinary), dated September 27, 1999, pp. 1347-A-1347-B, s. 2.

Section 27. Saving of certain tenancies and conditions

(1) Nothing in sections 24, 25, or 26 shall apply to–

(a) the case of land irrigated by the Rakh and Mian Ali Branches of the Chenab Canal allotted before the twelfth day of August 1896, or

(b) any breach of a condition regarding arboriculture included in any statement of conditions other than a statement pertaining to tree- planting tenants. 1[or] 2[(c) any tenancy scheduled under the proviso to section 4, except to such extent as may be specified in the statement of conditions applicable to such tenancy.] 3[ * * * * * * * * * ]

28. Sums due to 4[ 5[Government]] to be recoverable as arrears of land revenue.– All sums due to 6[ 7[Government]] in respect of a tenancy granted in pursuance of the Government Tenants (Punjab) Act, 1893 8, or under the provisions of this Act or of the rules and conditions issued thereunder, and all sums due on account of fines, confiscations, costs and penalties, shall be recoverable as if they were arrears of land revenue.

Section 29. Power to abrogate conditions

The 9[ 10[Board of Revenue subject to the general approval of the Government]] may, at any time by notification in the official Gazette, abrogate any of the limitations and obligations imposed upon tenants as part of the conditions of their tenure.

CHAPTER III

Provisions relating to proprietors

1Substituted for the word “or” by the Colonization of Government Lands (Punjab) (Amendment) Act, 1944, dated 10.06.1944, published in the Punjab Gazette (Extraordinary), dated June 12, 1944, pp. 409-410, s. 2.

2Inserted by the Act ibid., s. 2.

3Omitted ibid.

4Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

5Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

6Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

7Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

8India Act III of 1893.

9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

10Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2.

Section 30. Acquisition of proprietary right

1[(1)] Notwithstanding anything entered in any statement of conditions issued under the Government Tenants (Punjab) Act, 1893 2, a tenant who, either in pursuance of any such condition, or otherwise by agreement with, or under rules issued 3[by the Provincial Government], has acquired proprietary right in any land included in his tenancy shall in respect of such land cease to be subject to any statement of conditions issued under the above- mentioned Act; provided always that he shall in respect of such land be bound by the conditions set out in Schedule II of this Act and be bound by the other provisions of this Act applicable to proprietors of land.

4[(2) If, at any time, the Board of Revenue is satisfied that any person had acquired under this Act tenancy rights in respect of any land by means of fraud or misrepresentation or was not eligible to have such rights for any reason whatsoever then notwithstanding the acquisition of proprietary rights by such person in such land or the terms and conditions of any agreement with or rules issued by the Provincial Government and without prejudice to any other liability or penalty to which such person may be liable under any law for the time being in force, the Board of Revenue may, after giving such person a reasonable opportunity of showing cause, pass an order resuming the land in respect of which proprietary rights have been acquired or reduce the area of such land or pass such order as it may deem fit.]

[5] Section 30A. Rights of alienation in respect of and rule of succession to certain proprietary rights acquired by a female

(1) Notwithstanding any custom and the provisions of any law to the contrary, when after the commencement of the Colonization of Government Lands (Punjab) (Amendment) Act, 1944, proprietary rights in any land are acquired by a female tenant, her rights of alienation of any such land shall be the same–

(a) If she succeeded to the tenancy directly or indirectly from a male tenant, as if the proprietary rights had been acquired by the last male tenant, and she had succeeded to such rights as his heir; and

(b) If the tenancy was first allotted on account of some male person, either to her, or to another female to whom she succeeded either directly or in a continuous line of female succession, as if the proprietary rights had been acquired by such male person, and she had succeeded to such rights as his heir, and in cases falling under clause (a) or clause (b) in the event of such female proprietor dying while in possession of the proprietary rights in question, the said rights shall devolve upon the persons who would be entitled to succeed, if such

1Re-numbered as “(1)” by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published in the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, clause (i) of s. 3. 2India Act III of 1893.

3Substituted for the words “by Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

4Added by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published in the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, clause (ii) of s. 3.

5Inserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1944 (Punjab Act VI of 1944), dated 10th June, 1944, published in the Punjab Gazette (Extraordinary), dated June 12, 1944, pp. 409-410, s. 3.

rights had been acquired by the last male tenant, or the male person on whose account the tenancy was first allotted, as the case may be.

(2) Nothing herein contained shall be construed to alter the law of succession applicable to any female tenant, in respect of proprietary rights in land acquired by her, if the tenancy in such land was acquired by or accrued to her in circumstances other than those specified in subsection (1).

(3) For the purposes of this section the expression “any such land” shall be deemed to include any land obtained in exchange for part or all of the land in which proprietary rights have been acquired.]

CHAPTER IV

Supplementary provisions

Section 31. Mares, camels or their progeny maintained under prescribed conditions not to be attached or sold

No mare or camel or other animal maintained in accordance with any prescribed statement of conditions and no progeny, if less than eighteen months old, of any mare or camel so maintained, shall be liable to attachment or sale in execution of any decree.

Section 32. Power of re-entry in case of squatters and trespassers

When the Collector is satisfied that any person has taken or is in possession of land in a colony to which he has no right or title, the Collector may, in addition to any other powers he may possess, forthwith re-enter upon the land and resume possession of it and take possession of all crops, trees and buildings thereon on behalf of 1[ 2[Government]] without payment of any compensation whatsoever.

Section 33. Penalties

If any person, without permission of a Revenue Officer of a grade to be specified by the 3[ 4[Board of Revenue]],–

(a) clears or breaks up for cultivation or cultivates any land which is owned by or is in the possession of 5[ 6[Government]] and is not included in any tenancy or allotted residential enclosure or which has been set apart for the common purposes of a town or village community or section of the same, or for a road, canal or water-course; or

(b) erects any building on any such land; or

1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

4Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2.

5Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

6Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

(c) fells or otherwise destroys standing trees on such land; or

(d) otherwise encroaches on any such land; or

(e) makes an excavation or constructs a water channel on any such land; he shall on complaint made by order of or under authority from the Collector be punished on conviction by any Magistrate with a fine not exceeding 1[ 2[two hundred thousand rupees] or with rigorous imprisonment not exceeding six months or with both.]. Explanation.– The felling of trees planted by an owner or tenant on any village road or water-course traversing his holding is not an offence under this section.

Section 34. Additional powers of Collector in regard to offences

When the Collector is satisfied that an act punishable under section 33 has been committed, he may, in lieu of proceeding against the offender under that section or after conviction of the offender under that section–

(i) in the case of an offence under section 33(a), confiscate the crops growing on any land cultivated in contravention of this Act or, if the crops have been cut, recover such sum as he may assess as the value thereof from the offender;

(ii) in the case of an offence under section 33 (c), recover such sum as he may assess as the value of the trees or tree destroyed;

(iii) in the case of an offence under section 33(b), (d) or (e), cause the building or other encroachment to be demolished or removed or the excavation or channels to be filled up, and levy the costs of so doing from the person responsible for such act.

Section 35. Power to levy a cess for administration of common village expenses

(1) If in any estate the majority of the tenants and owners of the estate shall apply for the levy of a cess for village purposes, the Collector may order the payment of such a cess from the proprietors, tenants and inhabitants of the village in such way and at such rates as he holds to be suitable.

3[(2) Any cess leviable in any estate under this section shall be recoverable as arrears of land revenue.]

Section 36. Jurisdiction of Civil Court barred as regards matter arising under the Act

A Civil Court shall not have jurisdiction in any matter of which the Collector is empowered by this Act to dispose, and shall not take cognizance of the manner in

1Substituted for the word and figures “Rs. 200” by the Colonization of Government Lands (Punjab) Act (Amendment) Ordinance, 1983 (Punjab Ordinance No. II of 1983), dated 18th January, 1983, published in the Punjab Gazette (Extraordinary), dated January 18, 1983, pp. 23-B-23-C, clause (2) of s. 3.

2Substituted for the words “five thousand rupees” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 1999 (Punjab Ordinance No. XLVII of 1999), dated 27th September, 1999, published in the Punjab Gazette (Extraordinary), dated September 27, 1999, pp. 1347-A-1347-B, s. 3.

3Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7th November, 1969, published in the Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 7.

which the 1[Provincial Government] 2[Board of Revenue]] or Collector or any other Revenue Officer exercises any power vested in it or in him by or under this Act.

Section 37. Public servants indemnified for acts done under this Act

No suit shall lie against any public servant for anything done by him in good faith under this Act.

Section 38. Legalization of orders passed previous to the Act

(1) Any act hitherto done or order passed by the 3[Provincial Government] or by an officer holding the post of Colonization Officer, Assistant Colonization Officer or Settlement Commissioner, or exercising the powers of an Assistant Collector or of a Revenue Officer of higher class within any area to which the Government Tenants (Punjab) Act, 1893 4, has been applied or to which this Act may hereafter be applied, which is not contrary to the provisions of this Act, shall be deemed to have been done or passed under this Act.

(2) In particular and without prejudice to the generality of the foregoing sub-section, no right of occupancy or right of ownership and no condition applicable thereto shall be invalidated by reason of–

(i) the right having been granted before the particulars regarding it have been entered in a prescribed register; or

(ii) the prescribed register not having been signed by the tenant; or

(iii) the prescribed statement of conditions having been affixed to the prescribed register instead of being prefixed thereto:

Provided that if the register has not been signed by the tenant, the statement of conditions applicable to the tenancy shall be deemed to be that which was in force for tenancies of the same description at the time when the land was allotted.

1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

2Inserted by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No.

XXXI of 1961), dated 14th December, 1961, published in the Gazette of West Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2.

3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations.

4India Act III of 1893.

SCHEDULE I

LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 A.– In the Lower Chenab Colony the tenancies of tenants holding on the conditions applicable to–

(1) Camel-owning tenants.

(2) Camel-owning Chaudhris.

(3) Village headmen, ordinary.

(4) Village headmen, mule-breeding.

(5) Tree-planting tenants.

(6) Village menials. B.– In the Lower Jhelum Colony the tenancies of tenants holding on the conditions applicable to–

(1) Horse-breeding tenants.

(2) Horse-breeding nazarana-paying tenants.

(3) Village headmen.

(4) Tree-planting tenants.

(5) Village menials. C.– In the Lower Sohag Para Colony the tenancies of tenants holding on the conditions applicable to–

Village headmen. --------------------

SCHEDULE II

(REFERRED TO IN SECTION 30) Conditions applicable to grantees who acquire proprietary right.

Paragraph 1. Exceptions of channels, rights to minerals, etc

The 1[ 2[Government]] does not grant to the grantee but hereby absolutely excepts and reserves to itself out of and in respect of the said lands (1) all grounds situate in the said land or any part thereof already marked out, excavated or otherwise utilized for the distributary channels, and (2) all existing rights to and over all mines and minerals, coals, gold- washings, earth-oil and quarries in or under the said lands or any part thereof, together with all easements heretofore enjoyed by 3[ 4[Government]] in respect of the said lands or any part thereof. And it likewise excepts and reserves the right of the public to use existing thoroughfares traversing the said lands or any part thereof including a width of kadams on either side of survey base lines, and also any lines of road which, though not yet made, have been marked out upon the ground.

Paragraph 2. Power of 5[ 6[Government]] entry to search for minerals, etc

The grantee shall at all times permit the 7[servant of the State] to enter and do all acts and things that may be necessary and expedient for the purpose of searching for, working, getting or carrying away any such mines and minerals, coals, gold-washings, earth- oil and quarries, and for the full enjoyment of the ground and of the rights hereinbefore reserved to 8[ 9[Government]] to and over all mines and minerals, coals, gold-washings, earth-oil, quarries and easements in or under the said lands and all parts thereof.

Paragraph 3. Compensation for damage by entry

The Government agrees to pay the grantees compensation for all damage occasioned by the exercise of the rights reserved to itself in clauses 1 and 2. Such compensation shall be assessed by the

1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

2Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

3Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

4Substituted for the word “Government” ibid.

5Ibid.

6Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

7Substituted for the words “officer of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

8Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

9Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

Collector, and if the grantee is not satisfied with the finding of the Collector, he may appeal to the 1[ 2[Commissioner]].

Paragraph 4. Demarcation of boundaries

The grantee shall duly comply with such directions as the Collector shall from time to time issue requiring him to construct boundary marks on the limits of the said lands or any part thereof, and shall keep them when erected in good repair to the satisfaction of the Collector.

Paragraph 5. Arbitration

In the event of any dispute arising 3[between the Provincial Government] and the grantee as to the property and rights hereby reserved 4[to 5[Government]], or as to any matter in any way relating thereto, or as to any of the conditions of the grant, or as to any matter or thing anywise connected therewith, the said dispute shall be referred for the opinion of the 6[ 7[Commissioner]], whose decision shall be final and conclusive 8[between the Provincial Government] and the grantee.

1Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXII of 2001), dated 25th October, 2001, published in the Punjab Gazette (Extraordinary), dated October 25, 2001, pp. 1751-1752, s. 3.

2Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (3) of s. 8.

3Substituted for the words “between the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

4Substituted for the words “to Government” ibid.

5Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.

6Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXII of 2001), dated 25th October, 2001, published in the Punjab Gazette (Extraordinary), dated October 25, 2001, pp. 1751-1752, s. 3.

7Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (3) of s. 8.

8Substituted for the words “between Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

Print contents from the source
CONTENTS 
1. Title and local extent. 
2. Repeal. 
3. Definitions. 
CHAPTER I 
Preliminary 
4. Application of the Act. 
5. Power to withdraw a colony from the operation of the Act. 
6. Applicability of Tenancy Laws. 
7. Applicability of the Punjab Land Revenue Act, 1967, etc. 
8. [Omitted] 
9. [Omitted] 
CHAPTER II 
Provisions relating to tenants 
 10. Issue of statements of conditions of tenancies. 
 11. Legal effect of statements of conditions. 
 12. Temporary absence. 
 13. Entries in record-of-rights or in annual record to be equivalent to entries 
in register issued under Act III of 1893. 
 14. Position of tenants holding hitherto under Act III of 1893. 
 15. Purchaser to be tenant pending payment in full of purchase money. 
 16. False information by a tenant. 
 17. Exchanges. 
 18. Rights of tenant not to be attached or sold. 
 19. Transfers of rights to be void. 
 19A.  
 
 20. Succession to tenants acquiring otherwise than by succession. 
 21. Succession to tenants acquiring by succession. 
 22. Acquisition of ownership not to affect nomination of heir. 
 23. Revocation of nomination. 
 24. Power of imposing penalties for breaches of conditions. 
 25. Power of re-entry and provisions as to compensation in certain cases. 
 26. Provisions for re -entry on and compensation for buildings on sites 
allotted for residential purposes. 
 27. Saving of certain tenancies and conditions. 
 28. Sums due to Government to be recoverable as arrears of land revenue. 
 29. Power to abrogate conditions. 
CHAPTER III 
Provisions relating to proprietors 
 30. Acquisition of proprietary right. 
30-A. Rights of alienation in respect of and rule of succession to certain 
proprietary rights acquired by a female. 
CHAPTER IV 
Supplementary provisions 
 31. Mares, camels or their progeny maintained under prescribed conditions 
not to be attached or sold. 
 32. Power of re-entry in case of squatters and trespassers. 
 33. Penalties. 
 34. Additional powers of Collector in regard to offences. 
 35. Power to levy a cess for administration of common village expenses. 
 36. Jurisdiction of Civil C ourt barred as regards matter arising under the 
Act. 
 37. Public servants indemnified for acts done under this Act. 
 38. Legalization of orders passed previous to the Act. 
SCHEDULE I 
LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 
A.  
B.  
C.  
SCHEDULE II 
(REFERRED TO IN SECTION 30) 
1. Exceptions of channels, rights to minerals, etc. 
2. Power of Government entry to search for minerals, etc. 
3.  Compensation for damage by entry. 
4. Demarcation of boundaries. 
5. Arbitration.
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: bff1333fefd3bc2ac5bc6102fcf5c431c164d9ebbc6e88b36ec316f628290673.

THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) 
ACT, 1912 
(V of 1912) 
CONTENTS 
1. Title and local extent. 
2. Repeal. 
3. Definitions. 
CHAPTER I 
Preliminary 
4. Application of the Act. 
5. Power to withdraw a colony from the operation of the Act. 
6. Applicability of Tenancy Laws. 
7. Applicability of the Punjab Land Revenue Act, 1967, etc. 
8. [Omitted] 
9. [Omitted] 
CHAPTER II 
Provisions relating to tenants 
 10. Issue of statements of conditions of tenancies. 
 11. Legal effect of statements of conditions. 
 12. Temporary absence. 
 13. Entries in record-of-rights or in annual record to be equivalent to entries 
in register issued under Act III of 1893. 
 14. Position of tenants holding hitherto under Act III of 1893. 
 15. Purchaser to be tenant pending payment in full of purchase money. 
 16. False information by a tenant. 
 17. Exchanges. 
 18. Rights of tenant not to be attached or sold. 
 19. Transfers of rights to be void. 
 19A.  
 
 20. Succession to tenants acquiring otherwise than by succession. 
 21. Succession to tenants acquiring by succession. 
 22. Acquisition of ownership not to affect nomination of heir. 
 23. Revocation of nomination. 
 24. Power of imposing penalties for breaches of conditions. 
 25. Power of re-entry and provisions as to compensation in certain cases. 
 26. Provisions for re -entry on and compensation for buildings on sites 
allotted for residential purposes. 
 27. Saving of certain tenancies and conditions. 
 28. Sums due to Government to be recoverable as arrears of land revenue. 
 29. Power to abrogate conditions. 
CHAPTER III 
Provisions relating to proprietors 
 30. Acquisition of proprietary right. 
30-A. Rights of alienation in respect of and rule of succession to certain 
proprietary rights acquired by a female. 
CHAPTER IV 
Supplementary provisions 
 31. Mares, camels or their progeny maintained under prescribed conditions 
not to be attached or sold. 
 32. Power of re-entry in case of squatters and trespassers. 
 33. Penalties. 
 34. Additional powers of Collector in regard to offences. 
 35. Power to levy a cess for administration of common village expenses. 
 36. Jurisdiction of Civil C ourt barred as regards matter arising under the 
Act. 
 37. Public servants indemnified for acts done under this Act. 
 38. Legalization of orders passed previous to the Act. 
SCHEDULE I 
LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 
A.  
B.  
C.  
SCHEDULE II 
(REFERRED TO IN SECTION 30) 
1. Exceptions of channels, rights to minerals, etc. 
2. Power of Government entry to search for minerals, etc. 
3.  Compensation for damage by entry. 
4. Demarcation of boundaries. 
5. Arbitration. 
 
 
TEXT 
1
THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912 
(V of 1912) 
[21 June 1912] 
An 
Act 
to make better provision for the Colonization and Administration of Government 
Lands in the Punjab. 
 WHEREAS it is expedient to make better provi sion for the colonization and 
administration of Government lands in the Punjab; 
 It is hereby enacted as follows:– 
1. Title and local extent .– (1) This Act may be called the Colonization of 
Government Lands (Punjab) Act, 1912. 
 (2) 
2
[It extends to the whol e of the Province of 
3
[the Punjab], except the 
Tribal Areas.] 
2. Repeal.– The Government Tenants (Punjab) Act, 1893
4
, is hereby repealed. 
3. Definitions.– In this Act, unless there is something repugnant in the subject 
or context,– 
“Collector” means the Co llector of the district as described in 
5
[
6
[the Punjab] 
Land Revenue Act, 1967
7
], and includes ( 1) any officer appointed by the 
8
[
1
[Board of Revenue]] to perform all or any of the functions and exercise all or 
 
1
For Statement of Objects and Reasons, see Punjab Gazette, 1910, Part V, page 176; for Report of the Select Committee, see 
Punjab Gazette, 1911, Part V, p. 429, and ibid.,1912, Part V, p. 85; for Proceedings in Council, see ibid., 1910, Part V, p. 188, 
ibid., 1911, Part V, p . 420, and ibid., Part V, p p. 50 and 135. The Act of 1912 of the Lieutenant Governor of the Punjab in 
Council received the assent of His Honour the Lieutenant -Governor on the 18 th May 1912, and that of His Excellency the 
Viceroy and Governor-General on the 6th June 1912 and published in the Punjab Gazette, June 28, 1912, pp. 150-155. 
2
Substituted for the words “It extends to the Punjab” by the Colonization of Government Lands (Punjab) (West Pakistan 
Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the 
Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 2. 
3
Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Orders No. I of 1974 ), dated 
20th November, 1974, published in the Punjab Gazette (Extraord inary), dated November 20, 1974, pp. 1425-A -1425-OO, s. 1 
of Part II. 
4
India Act III of 1893.  
5
Substituted for the words, comma and figure “Punjab Land Revenue Act, 1887” by the words, comma and figure “West 
Pakistan Land Revenue Act, 1967” by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 
1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, 
dated November 7, 1969, pp. 1999-2002, clause (a) of s. 3. 
6
Substituted for the words “West Pakistan” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, 
published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8. 
7
XVII of 1967. 
8
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
any of the powers of the Collector under this Act, and ( 2) any Colonization 
Officer or Assistant Colonization Officer appointed as such before the 
commencement of this Act, whether or no such officer was by notification 
appointed to perform all or any of the functions of a Deputy Commissioner 
under the Act hereby repealed. 
 “
2
[
3
[Commissioner]]” includes any officer appointed by the 
4
[
5
[Board of 
Revenue]] to perform all or any of the functions and exercise all or any of the 
powers of a 
6
[
7
[Commissioner]] under this Act. 
 “Colony” means any area to which  this Act shall be applied by order of the 
8
[
9
[
10
[Provincial Government]]] and, unless the 
11
[
12
[
13
[Provincial Government]]] 
otherwise directs, any area to which the Government Tenants (Punjab) Act, 
1893
14
, has been applied. 
 
1
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977. 
2
Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 
(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated 
October 25, 2001, pp. 1751-1752, s. 2. 
3
Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), 
dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8. 
4
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
5
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977. 
6
Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 
(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, publi shed in  the Punjab Gazette (Extraordinary), dated 
October 25, 2001, pp. 1751-1752, s. 2. 
7
Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), 
dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8. 
8
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of In dia (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
9
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance N o. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977. 
10
Substituted for the words “Board of Revenue” by the Colonization of Government Lands (Punjab) (West Pakistan 
Amendment) Ordinance, 196 9 (West  Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the 
Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, clause (b) of s. 3. 
11
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
12
Substituted for the words “Provincial Government” by the West Pakistan  (Adaptation and Repeal of Laws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977.  
13
Substituted for the words “Board of Revenue” b y the C olonization of Government Lands (Punjab) (West Pakistan 
Amendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the 
Gazette of West Pakistan, dated November 7, 1969, pp. 1999-2002. 
14
India Act III of 1893. 
 
 “Prescribed” means sanctioned by the 
1
[
2
[Board of Revenue]] under this Act or 
under the Act hereby repealed.  
 
3
[“Improvements” means with reference to a tenancy, any work which is 
suitable to the tenancy and consistent with the conditions on which it is held, 
by which the value of the tena ncy has been and continues to be increased, 
and which, if not executed on the tenancy, is either executed directly for its 
benefit, or is, after execution, made directly beneficial to it: 
Explanation I.– It includes among other things– 
(a) the construction of wells and other works for the storage or supply of 
water for agricultural purposes; 
(b) the construction of works for drainage and for protection against floods; 
(c)  the planting of trees, the reclaiming, enclosing, leveling and terracing of 
land for agricultural purposes and other works of a like nature; 
(d)  the erection of buildings required for the more convenient or profitable 
cultivation of a tenancy; and 
(e)  the renewal or reconstruction of any of the foregoing works, or such 
alterations therei n, or additions thereto, as are not of the nature of 
mere repairs and as durably increase their value; 
But it does not include such clearances, embankments, levelling, enclosures, 
temporary wells and water -channels as are made by tenants in the ordinary 
course of cultivation and without any special expenditure, or any other benefit 
accruing to land from the ordinary operations of husbandry;  
Explanation II .– A work which benefits several tenancies may be deemed to be, 
with respect to each of them, an improvement. 
Explanation III .– A work executed by a tenant is not an improvement if it 
substantially diminishes the value of any other part of his landlord’s property.] 
“Tenant” means any person holding land in a colony as a tenant 
4
[of 
5
[Government]], and includes the predecessors and successors in interest of a 
tenant. 
 
1
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of Ind ia (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
2
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West  
Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. 
3
Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan 
Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, 
1969, pp. 1999-2002, clause (c) of s. 3. 
4
Substituted for the words “of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
5
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.  
1
[“Original tenant” means any male, to whom a tenancy is first allotted by the 
Collector, and includes the male transferee of such a tenant and any male 
nominated by the Collector in accordance w ith the provisions of section 21 to 
succeed a female, to whom a tenancy was first allotted.] 
CHAPTER I 
Preliminary 
4. Application of the Act .– This Act shall, unless the 
2
[Provincial Government] 
otherwise directs, apply to land to which the provisions of t he Government Tenants 
(Punjab) Act, 1893
3
, have been applied and to any other land to which the 
4
[Provincial Government] may by notification in the official Gazette apply it and which 
at the time of the notification was the 
5
[property of the 
6
[Provincial Government]]: 
 Provided that 
7
[unless the 
8
[Provincial Government] by general or special order 
otherwise directs] nothing in sections 20, 21, 22 and 23, or in the proviso to section 
14 of this Act shall, 
9
[* * * * *], apply to tenancies specified in Schedule I of this Act, or 
to any class of tenancies created hereafter which the 
10
[Provincial Government] may 
declare to be scheduled tenancies under this section. 
5. Power to withdraw a colony from the operation of the Act .– The 
11
[Provincial Government] may, at any time by notification in the official Gazette, 
withdraw a colony or any part of a colony from the operation of all or any of the 
provisions of this Act. 
 
1
Added by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920), published in the Punjab 
Gazette, June 11, 1920, p. 264, s. 2. 
2
Substituted for the words “Local Government” by the Government of India (Adaptation of Ind ian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
3
India Act III of 1893. 
4
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
5
Substituted for the words “property of the Government” by the Order ibid., Article 3 and Schedule VI. 
6
Substituted for the words “Crown for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, dated 
3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
7
Inserted by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and the First Schedule, Part VII- Punjab Acts and published in the 
Punjab Gazette, dated 24.9.1920, pp. 127 to 153. 
8
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
9
Omitted the words “without the previous sanction of the Governor-General in Council” by the Devolution Act, 1929 (XXXVIII of 
1929), by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and the First Schedule and published in the Gazette of India, dated 
14.9.1920. 
10
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
11
Ibid. 
 
6. 
1
[Applicability of Tenancy Laws .– Except as provided in section 7, the 
Punjab Tenancy Act, 1887
2
, or any other law relating to tenancy for the time being in 
force in any part of 
3
[the Punjab], shall not be applicable to tenancies under this Act.]  
7. 
4
[Applicability of [the Punjab] Land Revenue Act ], 1967, etc .– (1) Subject 
to the provisions of this A ct, the 
5
[Punjab Land Revenue Act], 1967, Chapter VII of 
the Punjab Tenancy Act, 1887, or the corresponding provisions of any other law 
relating to tenancy for the time being in force in the area where proceedings under 
this Act are to be taken, and the ru les thereunder, shall apply to all proceedings 
under this Act: 
Provided that nothing in the 
6
[Punjab Land Revenue Act], 1967, the Punjab 
Tenancy Act, 1887, or any other law relating to tenancy for the time being in force in 
7
[the Punjab], shall be so const rued as to vary or invalidate any condition entered in 
any statement of conditions issued by the Provincial Government.  
 (2)  Nothing in section 6 shall affect the application of the Punjab Tenancy 
Act, 1887, or any other law relating to tenancy for the t ime being in force, to any 
matter or dispute arising between Government tenants and their sub -tenants to 
which Government is not a party.] 
8. 
8
[ * * * * * * * * *   ] 
9. 
9
[ * * * * * * * * *   ] 
CHAPTER II 
Provisions relating to tenants 
10. Issue of statem ents of conditions of tenancies .– (1) The 
1
[
2
[Board of 
Revenue subject to the general approval of the Government]] may grant land in a 
colony to any person on such conditions as it thinks fit. 
 
1
Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan 
Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, 
1969, pp. 1999-2002, s. 4. 
2
XVI of 1887. 
3
Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. I of 1974 ), dated 
20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974 , pp. 1425-A -1425-OO, s. 2 
of Part II. 
4
Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan 
Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, 
1969, pp. 1999-2002, s. 5.  
5
Substituted for the words “West Pakistan Land Revenue Act” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. 
I of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A 
-1425-OO. 
6
Substituted for the words “West Pakistan Land Revenue Act” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. 
I of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A 
-1425-OO, clause (i) of s. 3 of Part II. 
7
Substituted for the words “West Pakistan” by the Order ibid., clause (ii) of s. 3 of Part II. 
8
Omitted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan 
Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, 
1969, pp. 1999-2002, s. 6. 
9
Ibid. 
 (2) The 
3
[Provincial Government] may issue a statement or  statements of 
the conditions on which it is willing to grant land in a colony to tenants. 
 (3) Where such statements of conditions have been issued, the  Collector 
may, subject to the control of the 
4
[Board of Revenue], allot land to any person, to be 
held subj ect to such statement of conditions issued under sub -section (2) of this 
section as the Collector may by written order declare to be applicable to the case. 
 (4) No person shall be deemed to be a tenant or to have any right or title in 
the land allotted to him until such a written order has been passed and he has taken 
possession of the land with the permission of the Collector. After possession has 
been so taken, the grant shall be held subject to the conditions declared applicable 
thereto. 
11. Legal effect of statements of conditions .– Subject to the provisions of this 
Act, the grant of any tenancy in accordance with any  statement of conditions which 
has been or may hereafter be issued by the 
5
[Provincial Government] under the 
Government Tenants (Punjab) Act, 1893
6
, or under this Act shall be deemed to be a 
transfer of land within the meaning of the Crown Grants Acts, 1895
7
, and shall be 
governed by the provisions of the said Act. 
12. Temporary absence.– Any condition included in any statement of condition s 
which imposes an obligation of residence shall not be deemed to have been 
infringed by reason only of the temporary absence of a tenant who has established a 
permanent residence in the estate in which his holding is situated. 
13. Entries in record-of-rights or in annual record to be equivalent to entries 
in register issued under Act III of 1893 .– Where in any statement of conditions 
issued before the commencement of this Act reference is made to any register 
prescribed under the Government Tenants (Punjab ) Act, 1893
8
, then the record -of-
rights or the annual record shall, so far as may be, be deemed to be such a register. 
 
1
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, da ted 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
2
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (A mendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. 
3
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
4
Substituted for the words “Financial Commissioner” b y the W est Pakistan (Adaptation and Repeal of Laws) Act, 1957 (West 
Pakistan Act No. XVI of 1957), dated 25th July, 1957, published in the Gazette of West Pakistan, dated July 25, 1957 , pp. 709-
789, subsection (2) of s. 3. 
5
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
6
India Act III of 1887. 
7
India Act XV of 1895. 
8
India Act III of 1893. 
 
14. Position of tenants holding hitherto under Act III of 1893 .– Any person, 
who at any time before the commencement of this Act was a te nant from 
1
[
2
[Government]] of land to which the Government Tenants (Punjab) Act, 1893
3
, 
applied, and for which a statement of conditions was issued under that Act, shall, 
notwithstanding any previous agreement or anything contained in the Punjab 
Tenancy Ac t, 1887
4
, or any other enactment now in force, be deemed to have 
accepted and to hold the lands of which he is a tenant in accordance with such 
statement of conditions: 
 Provided that unless such tenant 
5
[not being a Muslim] shall, by deed 
executed and registered within twelve months from the date on which this Act comes 
into force, declare that the succession to his tenancy shall be in accordance with the 
statement of conditions applicable thereto, the succession to his tenancy shall be 
regulated by the provision of sections 20, 21, 22 and 23 of this Act. 
15. Purchaser to be tenant pending payment in full of purchase money .– A 
purchaser from 
6
[
7
[Government]] of land who has been placed in possession of the 
land by order of the Collector shall be deemed to b e a tenant of such land until the 
full amount of the purchase money with any interest due thereon has been paid and 
the other conditions set forth in the  statement of the conditions of sale issued by the 
Collector have been fulfilled.  
16. False information by a tenant.– If any person who after the commencement 
of this Act has been put in possession of land in a colony as a tenant shall have 
given false information intending or having reason to believe that any 
8
[servant of the 
State] may be thereby deceiv ed regarding his qualifications to become a tenant, he 
shall be deemed to have committed a breach of the conditions of his tenancy: 
 
9
[ * * * * * * * * *   ] 
17. Exchanges.– Subject to any orders that he may receive from the  
10
[
1
[Commissioner]], the Collector may allow any tenant to exchange the whole or any 
 
1
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
2
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
3
India Act III of 1893. 
4
India Act XVI of 1887.  
5
Inserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1951 (Punjab Act III of 1951), dated 23 rd 
January, 1951, published in the Punjab Gazette, dated January 23, 1951, pp. 13-14. 
6
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
7
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
8
Substituted for the words “officer of the Crown” by the Order ibid. 
9
Deleted by the Colonization of Government Land s (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published 
in the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, s. 2. 
10
Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ord inance, 2001 
(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated 
October 25, 2001, pp. 1751-1752, s. 2. 
part of his  tenancy for other land in the colony, and the land so taken in exchange 
shall, in the absence of any special condition to the contrary recorded in writing by 
the Collector, be deemed to be h eld on the same conditions and subject to the same 
obligations as the surrendered land was held.  
18. Rights of tenant not to be attached or sold .– None of the rights or interests 
vested in a tenant from Government of land to which this Act applies shall b e 
attached or sold in execution of a decree or order of any court or in any insolvency 
proceedings. 
19. Transfers of rights to be void .– Except as provided in section 17, none of 
the rights or interests vested in a tenant by or under the Government Tenants  
(Punjab) Act, 1893
2
, or this Act shall, without the consent in writing of the 
3
[
4
[Commissioner]], or of such officer as he may by written order empower in this 
behalf, be transferred or charged by any sale, exchange, gift, will, mortgage or other 
private contract, other than a sub -lease for not more than one year in the case of a 
tenant who has not acquired a right of occupancy and seven years in the case of a 
tenant who has acquired a right of occupancy. Any such transfer or charge made 
without such consent in writing shall be void, and if (after the commencement of this 
Act) the transferee has obtained possession, he shall be ejected under the orders of 
the Collector: 
 Provided that the right of sub-letting conferred by this section shall not release 
any tenant from a condition requiring him to reside in the estate in which his tenancy 
is situated. 
5
[19A. When after the coming into force of the Colonization of Government Lands 
(Punjab) (Amendment) Act, 1951, any Muslim tenant dies, succession to the tenanc y 
shall devolve on his heirs in accordance with the Muslim Personal Law (Shariat), and 
nothing contained in sections 20 to 23 of this Act shall be applicable to his case: 
 Provided that when the tenancy rights are held by a female as a limited owner 
under this Act, succession shall open out on the termination of her limited interest to 
all persons who would have been entitled to inherit the property at the time of the 
death of the last full owner had the Muslim Personal Law (Shariat) been applicable at 
the time of such death, and in the event of the death of any of such persons before 
the termination of the limited interest mentioned above, succession shall devolve on 
his heirs and successors existing at the time of the termination of the limited interest 
of the female as if the aforesaid such person had died at the termination of the 
 
1
Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), 
dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (2) of s. 8. 
2
India Act III of 1893. 
3
Substituted for the word “Commissioner” by the Colonization o f Government Lands (Punjab)(Amendment) Ordinance, 2001 
(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated 
October 25, 2001, pp. 1751-1752, s. 2. 
4
Substituted for the words “Executive Distr ict Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), 
dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (2) of s. 8. 
5
Inserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1951 (Punjab Act III of 1951), dated 23 rd 
January, 1951, published in the Punjab Gazette, dated January 23, 1951, pp. 13-14, s. 3. 
 
limited interest of the female and had been  governed by the Muslim Personal Law 
(Shariat): 
Provided further that the share, which the female limited owner would have 
inherited had the Muslim Personal Law (Shariat) been applicable at the time of the 
death of the last full owner shall devolve on her if she loses her limited interest in the 
property on account of her marriage or remarriage and on her heirs under the 
Muslim Personal  Law (Shariat) if her limited interest terminates because of her 
death.] 
20. Succession to tenants acquiring otherwise than by succession .– 
1
[Subject to the proviso to section 14, when, after the commencement of this Act, any 
original tenant dies the succession to the tenancy shall devolve in the following order 
upon–  
(a) the male lineal descendants of the tenant in the male line of descent. 
(The term “lineal descendants” shall include an adopted son whose 
adoption has been ratified by a registered deed);  
(b) the widow of the tenant until she dies, or re -marries, or loses her rights 
under the provisions of this Act;  
(c) the unmarried daughters of the tenant until they die or marry, or lose 
their rights under the provisions of this Act;  
(d) the successor or successors nominated by the tenant by registered 
deed from among the following persons, that is to say, his mother, 
2
[his 
pre-deceased son’s widow, his pre -deceased grandson’s widow], his 
married daughter, his daughter’s son, his sister, his sister’s so n, and 
the male agnate members of his family; and 
(e) the successor or successors nominated by the Collector from among 
the persons enumerated in clause (d) of this section.] 
21. Succession to tenants acquiring by succession .– 
3
[When, after the 
commencement of this Act, any male tenant, who is not an original tenant, dies, or 
any female tenant dies, marries or re -marries, the succession to the tenancy shall 
devolve–  
(a) in the case of a female, to whom the tenancy has been first allotted, on 
the successor nominated by the Collector from the issue of such 
female tenant, or from the male agnates of the person, on account of 
whose services the tenancy was allotted to her;  
(b) in all other cases, on the person or persons, who would succeed if the 
tenancy were agricultural land acquired by the original tenant.] 
 
1
Substituted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1 920), published in the Punjab 
Gazette, June 11, 1920, at p. 264, s. 3. 
2
Inserted by the Colonization of Government Lands (Punjab) Amendment Act, 1941 (Punjab Act XIII of 1941), dated the 13 th 
December, 1941, published in the Government Gazette (Extraordinary) Punjab, dated 15.12.1941, p. 303, s. 2. 
3
Substituted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920) , published in the Punjab 
Gazette, June 11, 1920, p. 264, s. 4. 
22. Acquisition of ownership not to affect nomination of heir.– When a tenant 
has nominated a successor to his tenant under section 20 (d) and subsequently 
acquires a right of ownership in the tenancy, the  right of succession of the person so 
nominated shall, unless the deed of nomination expressly provides to the contrary, 
be unaffected by such acquisition of ownership. 
23. Revocation of nomination.– When a tenant has, under section 20( d) of this 
Act, nominated a successor, he may at any time, whether before or after acquiring 
ownership, revoke such nomination, but not otherwise than by registered deed.  
24. Power of imposing penalties for breaches of conditions .– When the 
Collector is satisfied that a tena nt in possession of land has committed a breach of 
the conditions of his tenancy, he may, after giving the tenant an opportunity to 
appear and state his objections,– 
(a) impose on the tenant a penalty not exceeding 
1
[
2
[ten thousand rupees]], 
or  
(b) order the resumption of the tenancy; 
 Provided that if the breach is capable of rectification, the Collector shall not 
impose any penalty or order the resumption of the tenancy unless he has issued a 
written notice requiring the tenant to rectify the breach with in a reasonable time, not 
being less than one month, to be stated in the notice and the tenant has failed to 
comply with such notice. 
25. Power of re -entry and provisions as to compensation in certain cases .– 
Where an order resuming the tenancy has been pa ssed under the last preceding 
section, the Collector may forthwith re -enter upon the land and resume possession 
of it, subject to the payment of compensation, to be fixed by the Collector, for uncut 
and ungathered crops and for the improvements, if any, th at may have been made 
by the tenant: 
 Provided that if the tenancy be allotted to any other person, the amount of the 
compensation, if any, paid to the out -going tenant shall be recoverable by the 
Collector from the incoming tenant. 
26. Provisions for re -entry on and compensation for buildings on sites 
allotted for residential purposes.– In any case where a tenant has been allotted a 
site for residential purposes in consideration of his tenancy, and such tenancy has 
been resumed under the provisions of sect ions 24 and 25 of this Act, the Collector 
may re-enter on and take possession of such site: 
 Provided that the Collector shall fix and pay to the said tenant reasonable 
compensation for, or permit him to remove, any buildings or improvements made by 
him on such site. 
 
1
Substituted for the words “one hundred rupees” by the Col onization of Government Lands (Punjab) Act (Amendment) 
Ordinance, 1983 (Punjab Ordinance No. II of 1983), dated 18th January, 1983, published in the Punjab Gazette (Extraordinary), 
dated January 18, 1983, pp. 23-B-23-C, clause (1) of s. 2. 
2
Substituted for the words “five thousand rupees” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 
1999 (Punjab Ordinance No. XLVII of 1999), dated 27 th September, 1999, published in the Punjab Gazette (Extraordinary), 
dated September 27, 1999, pp. 1347-A-1347-B, s. 2. 
 
27. Saving of certain tenancies and conditions .– (1) Nothing in sections 24, 
25, or 26 shall apply to– 
(a) the case of land irrigated by the Rakh and Mian Ali Branches of the 
Chenab Canal allotted before the twelfth day of August 1896, or  
(b) any breach of a condition regarding arboriculture included in any 
statement of conditions other than a statement pertaining to tree -
planting tenants. 
1
[or] 
2
[(c) any tenancy scheduled under the proviso to section 4, except to such 
extent as may be specifie d in the statement of conditions applicable to 
such tenancy.] 
3
[ * * * * * * * * *   ] 
28. Sums due to 
4
[
5
[Government]] to be recoverable as arrears of land 
revenue.– All sums due to 
6
[
7
[Government]] in respect of a tenancy granted in 
pursuance of the Gov ernment Tenants (Punjab) Act, 1893
8
, or under the provisions 
of this Act or of the rules and conditions issued thereunder, and all sums due on 
account of fines, confiscations, costs and penalties, shall be recoverable as if they 
were arrears of land revenue.  
29. Power to abrogate conditions .– The 
9
[
10
[Board of Revenue subject to the 
general approval of the Government]] may, at any time by notification in the official 
Gazette, abrogate any of the limitations and obligations imposed upon tenants as 
part of the conditions of their tenure. 
CHAPTER III 
Provisions relating to proprietors 
 
1
Substituted for the word “or” by the Colonization of Government Lands (Punjab) (Amendment) Act, 1944, dated 10.06.1944, 
published in the Punjab Gazette (Extraordinary), dated June 12, 1944, pp. 409-410, s. 2. 
2
Inserted by the Act ibid., s. 2.  
3
Omitted ibid.  
4
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
5
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
6
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
7
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
8
India Act III of 1893. 
9
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) O rder, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
10
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repe al of L aws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. 
30. Acquisition of proprietary right .– 
1
[(1)] Notwithstanding anything entered in 
any statement of conditions issued under the Government Tenants (Punjab) Act, 
1893
2
, a tenant who , either in pursuance of any such condition, or otherwise by 
agreement with, or under rules issued 
3
[by the Provincial Government], has acquired 
proprietary right in any land included in his tenancy shall in respect of such land 
cease to be subject to any statement of conditions issued under the above -
mentioned Act; provided always that he shall in respect of such land be bound by the 
conditions set out in Schedule II of this Act and be bound by the other provisions of 
this Act applicable to proprietors of land. 
 
4
[(2) If, at any time, the Board of Revenue is satisfied that any person had 
acquired under this Act tenancy rights in respect of any land by means of fraud or 
misrepresentation or was not eligible to have such rights for any reason whatsoever 
then notwithstanding the acquisition of proprietary rights by such person in such land 
or the terms and conditions of any agreement with or rules issued by the Provincial 
Government and without prejudice to any other liability or penalty to which such 
person may be liable under any law for the time being in force, the Board of Revenue 
may, after giving such person a reasonable opportunity of showing cause, pass an 
order resuming the land in respect of which proprietary rights have been acquired or 
reduce the area of such land or pass such order as it may deem fit.] 
5
[30-A. Rights of alienation in respect of and rule of succession to certain 
proprietary rights acquired by a female .– (1) Notwithstanding any custom and the 
provisions of any law to the contrary, when  after the commencement of the 
Colonization of Government Lands (Punjab) (Amendment) Act, 1944, proprietary 
rights in any land are acquired by a female tenant, her rights of alienation of any 
such land shall be the same– 
(a) If she succeeded to the tenancy dir ectly or indirectly from a male 
tenant, as if the proprietary rights had been acquired by the last male 
tenant, and she had succeeded to such rights as his heir; and 
(b) If the tenancy was first allotted on account of some male person, either 
to her, or to another female to whom she succeeded either directly or in 
a continuous line of female succession, as if the proprietary rights had 
been acquired by such male person, and she had succeeded to such 
rights as his heir, 
and in cases falling under clause ( a) or c lause ( b) in the event of such female 
proprietor dying while in possession of the proprietary rights in question, the said 
rights shall devolve upon the persons who would be entitled to succeed, if such 
 
1
Re-numbered as “(1)” by the Colonization of Gove rnment Lands (Punjab) (Amendment) Ordinance, 1978, dated 14 th June, 
1978, published in the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, clause (i) of s. 3. 
2
India Act III of 1893. 
3
Substituted for the words “by Government” by the Gover nment of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
4
Added by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published in 
the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, clause (ii) of s. 3. 
5
Inserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1944 (Pu njab Act VI of 1944), dated 10th June, 
1944, published in the Punjab Gazette (Extraordinary), dated June 12, 1944, pp. 409-410, s. 3. 
 
rights had been acquired by the last male tenant, or the male person on whose 
account the tenancy was first allotted, as the case may be.  
 (2) Nothing herein contained shall be construed to alter the law of 
succession applicable to any female tenant, in respect of proprietary rights in land 
acquired by her,  if the tenancy in such land was acquired by or accrued to her in 
circumstances other than those specified in subsection (1). 
(3) For the purposes of this section the expression “any such land” shall be 
deemed to include any land obtained in exchange for p art or all of the land in which 
proprietary rights have been acquired.] 
CHAPTER IV 
Supplementary provisions 
31. Mares, camels or their progeny maintained under prescribed conditions 
not to be attached or sold .– No mare or camel or other animal maintained i n 
accordance with any prescribed statement of conditions and no progeny, if less than 
eighteen months old, of any mare or camel so maintained, shall be liable to 
attachment or sale in execution of any decree.  
32. Power of re -entry in case of squatters and  trespassers.– When the 
Collector is satisfied that any person has taken or is in possession of land in a colony 
to which he has no right or title, the Collector may, in addition to any other powers he 
may possess, forthwith re-enter upon the land and resu me possession of it and take 
possession of all crops, trees and buildings thereon on behalf of 
1
[
2
[Government]] 
without payment of any compensation whatsoever. 
33. Penalties.– If any person, without permission of a Revenue Officer of a grade 
to be specified by the 
3
[
4
[Board of Revenue]],– 
(a) clears or breaks up for cultivation or cultivates any land which  is owned 
by or is in the possession of 
5
[
6
[Government]] and is not included in any 
tenancy or allotted residential enclosure or which has been set apart  
for the common purposes of a town or village community or section of 
the same, or for a road, canal or water-course; or 
(b) erects any building on any such land; or  
 
1
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
2
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
3
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
4
Substituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) 
Ordinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West 
Pakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. 
5
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
6
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
(c) fells or otherwise destroys standing trees on such land; or  
(d) otherwise encroaches on any such land; or  
(e) makes an excavation or constructs a water channel on any such land; 
he shall on complaint made by order of or under authority from the 
Collector be punished on conviction by any Magistrate with a fine not 
exceeding 
1
[
2
[two hundre d thousand rupees] or with rigorous 
imprisonment not exceeding six months or with both.]. 
Explanation.– The felling of trees planted by an owner or tenant on any village road 
or water-course traversing his holding is not an offence under this section. 
34. Additional powers of Collector in regard to offences .– When the Collector 
is satisfied that an act punishable under section 33 has been committed, he may, in 
lieu of proceeding against the offender under that section or after conviction of the 
offender under that section– 
(i) in the case of an offence under section 33(a), confiscate the crops 
growing on any land cultivated in contravention of this Act or, if the 
crops have been cut, recover such sum as he may assess as the value 
thereof from the offender; 
(ii) in the case of an offence under section 33 (c), recover such sum as he 
may assess as the value of the trees or tree destroyed; 
(iii) in the case of an offence under section 33(b), (d) or (e), cause the 
building or other encroachment to be demolished or  removed or the 
excavation or channels to be filled up, and levy the costs of so doing 
from the person responsible for such act. 
35. Power to levy a cess for administration of common village expenses .– 
(1) If in any estate the majority of the tenants and owners of the estate shall apply for 
the levy of a cess for village purposes, the Collector may order the payment of such 
a cess from the proprietors, tenants and inhabitants of the village in such way and at 
such rates as he holds to be suitable. 
 
3
[(2) Any cess leviable in any estate under this section shall be recoverable 
as arrears of land revenue.] 
36. Jurisdiction of Civil Court barred as regards matter arising under the 
Act.– A Civil Court shall not have jurisdiction in any matter of which the Collect or is 
empowered by this Act to dispose, and shall not take cognizance of the manner in 
 
1
Substituted for the word and figures “Rs. 200” by the Colonization of Government Lands (Punjab) Act (Amendment) 
Ordinance, 1983 (Punjab Ordinance No. II of 1983), dated 18th January, 1983, published in the Punjab Gazette (Extraordinary), 
dated January 18, 1983, pp. 23-B-23-C, clause (2) of s. 3. 
2
Substituted for the words “five thousand rupees” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 
1999 (Punjab Ordinance No. XLVII of 1999), dated 27 th September, 1999, published in the P unjab Gazette (Extraordinary), 
dated September 27, 1999, pp. 1347-A-1347-B, s. 3. 
3
Substituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan 
Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, 
1969, pp. 1999-2002, s. 7. 
 
which the 
1
[Provincial Government] 
2
[Board of Revenue]] or Collector or any other 
Revenue Officer exercises any power vested in it or in him by or under this Act. 
37. Public servants indemnified for acts done under this Act .– No suit shall 
lie against any public servant for anything done by him in good faith under this Act. 
38. Legalization of orders passed previous to the Act .– (1) Any act hitherto 
done or order passed b y the 
3
[Provincial Government] or by an officer holding the 
post of Colonization Officer, Assistant Colonization Officer or Settlement 
Commissioner, or exercising the powers of an Assistant Collector or of a Revenue 
Officer of higher class within any area to which the Government Tenants (Punjab) 
Act, 1893
4
, has been applied or to which this Act may hereafter be applied, which is 
not contrary to the provisions of this Act, shall be deemed to have been done or 
passed under this Act. 
 (2) In particular and wit hout prejudice to the generality of the foregoing 
sub-section, no right of occupancy or right of ownership and no condition applicable 
thereto shall be invalidated by reason of– 
(i) the right having been granted before the particulars regarding it have 
been entered in a prescribed register; or 
(ii) the prescribed register not having been signed by the tenant; or 
(iii) the prescribed statement of conditions having been affixed to the 
prescribed register instead of being prefixed thereto: 
 Provided that if th e register has not been signed by the tenant, the statement 
of conditions applicable to the tenancy shall be deemed to be that which was in force 
for tenancies of the same description at the time when the land was allotted.  
 
 
 
 
 
 
 
 
 
1
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of I ndia (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
2
Inserted by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. 
XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West Pakistan December 14, 1961 , pp. 2971-2977, 
clause (c) of s. 2. 
3
Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General 
Adaptations. 
4
India Act III of 1893. 
SCHEDULE I 
LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 
A.– In the Lower Chenab Colony the tenancies of tenants holding on the 
conditions applicable to– 
 (1) Camel-owning tenants. 
 (2) Camel-owning Chaudhris. 
 (3) Village headmen, ordinary. 
 (4) Village headmen, mule-breeding. 
 (5) Tree-planting tenants. 
 (6) Village menials.  
B.– In the Lower Jhelum Colony the tenancies of tenants holding on the 
conditions applicable to– 
 (1) Horse-breeding tenants. 
 (2) Horse-breeding nazarana-paying tenants. 
 (3) Village headmen. 
 (4) Tree-planting tenants. 
 (5) Village menials.  
C.– In the Lower Sohag Para Colony the tenancies of tenants holding on the 
conditions applicable to– 
 Village headmen. 
-------------------- 
 
SCHEDULE II 
(REFERRED TO IN SECTION 30) 
Conditions applicable to grantees who acquire proprietary right. 
1. Exceptions of channels, rights to minerals, etc .– The 
1
[
2
[Government]] 
does not grant to the grantee but hereby absolutely excepts and reserves to itself out 
of and in respect of the said lands (1) all grounds situat e in the said land or any part 
thereof already marked out, excavated or otherwise utilized for the distributary 
channels, and (2) all existing rights to and over all mines and minerals, coals, gold -
washings, earth -oil and quarries in or under the said land s or any part thereof, 
together with all easements heretofore enjoyed by 
3
[
4
[Government]] in respect of the 
said lands or any part thereof. And it likewise excepts and reserves the right of the 
public to use existing thoroughfares traversing the said lands  or any part thereof 
including a width of    kadams on either side of survey base lines, and also any lines 
of road which, though not yet made, have been marked out upon the ground. 
2. Power of 
5
[
6
[Government]] entry to search for minerals, etc .– The grantee 
shall at all times permit the 
7
[servant of the State] to enter and do all acts and things 
that may be necessary and expedient for the purpose of searching for, working, 
getting or carrying away any such mines and minerals, coals, gold -washings, earth-
oil and quarries, and for the full enjoyment of the ground and of the rights 
hereinbefore reserved to 
8
[
9
[Government]] to and over all mines and minerals, coals, 
gold-washings, earth-oil, quarries and easements in or under the said lands and all 
parts thereof. 
3.  Compensation for damage by entry .– The Government agrees to pay the 
grantees compensation for all damage occasioned by the exercise of the rights 
reserved to itself in clauses 1 and 2. Such compensation shall be assessed by the 
 
1
Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, 
1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
2
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
3
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
4
Substituted for the word “Government” ibid. 
5
Ibid. 
6
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
7
Substituted for the words “officer of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3 rd June, 1964, 
published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
8
Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th 
March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. 
9
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.  

Collector, and if the grantee is not satisfied with the finding of the Collector, he may 
appeal to the 
1
[
2
[Commissioner]]. 
4. Demarcation of boundaries .– The grantee shall duly comply with such 
directions as the Collector shall from time to time issue requiring him  to construct 
boundary marks on the limits of the said lands or any part thereof, and shall keep 
them when erected in good repair to the satisfaction of the Collector. 
5. Arbitration.– In the event of any dispute arising 
3
[between the Provincial 
Government] and the grantee as to the property and rights hereby reserved 
4
[to 
5
[Government]], or as to any matter in any way relating thereto, or as to any of the 
conditions of the grant, or as to any matter or thing anywise connected therewith, the 
said dispute sh all be referred for the opinion of the 
6
[
7
[Commissioner]], whose 
decision shall be final and conclusive 
8
[between the Provincial Government] and the 
grantee. 
 
 
 
 
 
 
 
 
 
 
 
 
1
Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Ame ndment) Ordinance, 2001 
(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated 
October 25, 2001, pp. 1751-1752, s. 3. 
2
Substituted for the words “Executive District Officer (Revenue)” by the P unjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), 
dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (3) of s. 8. 
3
Substituted for the words “between the Government” by the Government of In dia (Adaptation of Indian Laws) Order, 1937, 
dated 18 th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-285, Article 3 and 
Schedule VI. 
4
Substituted for the words “to Government” ibid. 
5
Substituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in 
the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. 
6
Substituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Am endment) Ordinance, 2001 
(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated 
October 25, 2001, pp. 1751-1752, s. 3. 
7
Substituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), 
dated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (3) of s. 8. 
8
Substituted for the words “between Government” by the Government of India  (Adaptation of Indian Laws) Order, 1937, dated 
18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI.

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21 citations to other instruments7 citations from other laws17 internal provision references0 explicit external provision references
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Section 4

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lic servants indemnified for acts done under this Act. 38. Legalization of orders passed previous to the Act. SCHEDULE I LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 A. B. C. SCHEDULE II (REFERRED TO IN SECTION 30) 1. Exceptions of channels, rights to minerals, etc. 2. Power of Government entry to search for minerals, etc. 3. Compensation for damage by entry. 4. Demarcat

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Section 30

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. Legalization of orders passed previous to the Act. SCHEDULE I LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 A. B. C. SCHEDULE II (REFERRED TO IN SECTION 30) 1. Exceptions of channels, rights to minerals, etc. 2. Power of Government entry to search for minerals, etc. 3. Compensation for damage by entry. 4. Demarcation of boundaries. 5. Arbitration. TEXT 1 THE CO

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Section 21

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y is first allotted by the Collector, and includes the male transferee of such a tenant and any male nominated by the Collector in accordance w ith the provisions of section 21 to succeed a female, to whom a tenancy was first allotted.] CHAPTER I Preliminary 4. Application of the Act .– This Act shall, unless the 2 [Provincial Government] otherwise directs, apply to land to which the provis

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Section 14

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Provided that 7 [unless the 8 [Provincial Government] by general or special order otherwise directs] nothing in sections 20, 21, 22 and 23, or in the proviso to section 14 of this Act shall, 9 [* * * * *], apply to tenancies specified in Schedule I of this Act, or to any class of tenancies created hereafter which the 10 [Provincial Government] may declare to be scheduled tenancies under t

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Section 7

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rdinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations. 11 Ibid. 6. 1 [Applicability of Tenancy Laws .– Except as provided in section 7, the Punjab Tenancy Act, 1887 2 , or any other law relating to tenancy for the time being in force in any part of 3 [the Punjab], shall not be applicable to tenancies under this Act.] 7. 4 [Applicability of [the Pu

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Section 6

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Punjab], shall be so const rued as to vary or invalidate any condition entered in any statement of conditions issued by the Provincial Government. (2) Nothing in section 6 shall affect the application of the Punjab Tenancy Act, 1887, or any other law relating to tenancy for the t ime being in force, to any matter or dispute arising between Government tenants and their sub -tenants to which Go

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Section 17

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l b e attached or sold in execution of a decree or order of any court or in any insolvency proceedings. 19. Transfers of rights to be void .– Except as provided in section 17, none of the rights or interests vested in a tenant by or under the Government Tenants (Punjab) Act, 1893 2 , or this Act shall, without the consent in writing of the 3 [ 4 [Commissioner]], or of such officer as he ma

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Section 14

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hariat) if her limited interest terminates because of her death.] 20. Succession to tenants acquiring otherwise than by succession .– 1 [Subject to the proviso to section 14, when, after the commencement of this Act, any original tenant dies the succession to the tenancy shall devolve in the following order upon– (a) the male lineal descendants of the tenant in the male line of descent. (The

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Section 20(d)

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b Gazette, June 11, 1920, p. 264, s. 4. 22. Acquisition of ownership not to affect nomination of heir.– When a tenant has nominated a successor to his tenant under section 20 (d) and subsequently acquires a right of ownership in the tenancy, the right of succession of the person so nominated shall, unless the deed of nomination expressly provides to the contrary, be unaffected by such acquisition o

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Section 20( d)

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ss the deed of nomination expressly provides to the contrary, be unaffected by such acquisition of ownership. 23. Revocation of nomination.– When a tenant has, under section 20( d) of this Act, nominated a successor, he may at any time, whether before or after acquiring ownership, revoke such nomination, but not otherwise than by registered deed. 24. Power of imposing penalties for breaches of condit

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Section 4

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e included in any statement of conditions other than a statement pertaining to tree - planting tenants. 1 [or] 2 [(c) any tenancy scheduled under the proviso to section 4, except to such extent as may be specifie d in the statement of conditions applicable to such tenancy.] 3 [ * * * * * * * * * ] 28. Sums due to 4 [ 5 [Government]] to be recoverable as arrears of land revenue.–

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Section 33

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olding is not an offence under this section. 34. Additional powers of Collector in regard to offences .– When the Collector is satisfied that an act punishable under section 33 has been committed, he may, in lieu of proceeding against the offender under that section or after conviction of the offender under that section– (i) in the case of an offence under section 33(a), confiscate the crops gro

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Section 33(a)

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, he may, in lieu of proceeding against the offender under that section or after conviction of the offender under that section– (i) in the case of an offence under section 33(a), confiscate the crops growing on any land cultivated in contravention of this Act or, if the crops have been cut, recover such sum as he may assess as the value thereof from the offender; (ii) in the case of an offence un

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Section 33(c)

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avention of this Act or, if the crops have been cut, recover such sum as he may assess as the value thereof from the offender; (ii) in the case of an offence under section 33 (c), recover such sum as he may assess as the value of the trees or tree destroyed; (iii) in the case of an offence under section 33(b), (d) or (e), cause the building or other encroachment to be demolished or removed or the

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Section 33(b)

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in the case of an offence under section 33 (c), recover such sum as he may assess as the value of the trees or tree destroyed; (iii) in the case of an offence under section 33(b), (d) or (e), cause the building or other encroachment to be demolished or removed or the excavation or channels to be filled up, and levy the costs of so doing from the person responsible for such act. 35. Power to levy

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Section 4

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ary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General Adaptations. 4 India Act III of 1893. SCHEDULE I LIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 A.– In the Lower Chenab Colony the tenancies of tenants holding on the conditions applicable to– (1) Camel-owning tenants. (2) Camel-owning Chaudhris. (3) Village headmen, ordinary. (4) Village headmen, mule-breed

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Section 30

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Lower Sohag Para Colony the tenancies of tenants holding on the conditions applicable to– Village headmen. -------------------- SCHEDULE II (REFERRED TO IN SECTION 30) Conditions applicable to grantees who acquire proprietary right. 1. Exceptions of channels, rights to minerals, etc .– The 1 [ 2 [Government]] does not grant to the grantee but hereby absolutely excepts and reserves t

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Other laws referring to provisions of this instrument 2

Section 10 of COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

Cited by PUNJAB GOVERNMENT LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950

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1950] An Act to provide for resumption of certain grants of 3 [Government] land. Preamble.– WHEREAS certain grants of 4 [Government] land were made under section 10 of the Colonization of Government Lands (Punjab) Act, 1912, during the years 1945 to 1947 in material d isregard of public interest and Government policy and of procedure governing the making of such grants; AND WHEREAS the Governor of the Punjab has, in pursuance of a proclama

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Target heading · COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

10. Issue of statem ents of conditions of tenancies .–

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Section 3 of COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912

Cited by PUNJAB GOVERNMENT LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950

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once. 2. Definitions.– In this Act unless there is anything repugnant in the subject or context the word– (i) “Collector” shall have the meaning assigned to it in section 3 of the Colonization of Government Lands (Punjab) Act, 1912 7 ; (ii) “Grantee” means a p erson to whom a grant of land is made on any terms by the Government under the Colonization of Government Lands 1This Act was assen

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Cited instruments not matched in this library 9

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Stored text SHA-256
bff1333fefd3bc2ac5bc6102fcf5c431c164d9ebbc6e88b36ec316f628290673
Original source SHA-256
5fbc4d37bd57a4ac009b04f47dcf38072f4ae363fd97959070c26e2a1db4cc46
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Recorded title
COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912
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Punjab — this does not establish territorial applicability.
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Not supplied in this record
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2026-08-06T16:27:17Z
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not independently verified
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Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
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No additional flags recorded
Stable record
punjab-code-d09176bb78c8809f
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Legal completeness not independently established
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Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
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zero-based Unicode code points and UTF8 bytes; end exclusive
Stored text SHA-256
bff1333fefd3bc2ac5bc6102fcf5c431c164d9ebbc6e88b36ec316f628290673

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