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  "title": "COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912",
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  "text": "THE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) \r\nACT, 1912 \r\n(V of 1912) \r\nCONTENTS \r\n1. Title and local extent. \r\n2. Repeal. \r\n3. Definitions. \r\nCHAPTER I \r\nPreliminary \r\n4. Application of the Act. \r\n5. Power to withdraw a colony from the operation of the Act. \r\n6. Applicability of Tenancy Laws. \r\n7. Applicability of the Punjab Land Revenue Act, 1967, etc. \r\n8. [Omitted] \r\n9. [Omitted] \r\nCHAPTER II \r\nProvisions relating to tenants \r\n 10. Issue of statements of conditions of tenancies. \r\n 11. Legal effect of statements of conditions. \r\n 12. Temporary absence. \r\n 13. Entries in record-of-rights or in annual record to be equivalent to entries \r\nin register issued under Act III of 1893. \r\n 14. Position of tenants holding hitherto under Act III of 1893. \r\n 15. Purchaser to be tenant pending payment in full of purchase money. \r\n 16. False information by a tenant. \r\n 17. Exchanges. \r\n 18. Rights of tenant not to be attached or sold. \r\n 19. Transfers of rights to be void. \r\n 19A.  \r\n \r\n 20. Succession to tenants acquiring otherwise than by succession. \r\n 21. Succession to tenants acquiring by succession. \r\n 22. Acquisition of ownership not to affect nomination of heir. \r\n 23. Revocation of nomination. \r\n 24. Power of imposing penalties for breaches of conditions. \r\n 25. Power of re-entry and provisions as to compensation in certain cases. \r\n 26. Provisions for re -entry on and compensation for buildings on sites \r\nallotted for residential purposes. \r\n 27. Saving of certain tenancies and conditions. \r\n 28. Sums due to Government to be recoverable as arrears of land revenue. \r\n 29. Power to abrogate conditions. \r\nCHAPTER III \r\nProvisions relating to proprietors \r\n 30. Acquisition of proprietary right. \r\n30-A. Rights of alienation in respect of and rule of succession to certain \r\nproprietary rights acquired by a female. \r\nCHAPTER IV \r\nSupplementary provisions \r\n 31. Mares, camels or their progeny maintained under prescribed conditions \r\nnot to be attached or sold. \r\n 32. Power of re-entry in case of squatters and trespassers. \r\n 33. Penalties. \r\n 34. Additional powers of Collector in regard to offences. \r\n 35. Power to levy a cess for administration of common village expenses. \r\n 36. Jurisdiction of Civil C ourt barred as regards matter arising under the \r\nAct. \r\n 37. Public servants indemnified for acts done under this Act. \r\n 38. Legalization of orders passed previous to the Act. \r\nSCHEDULE I \r\nLIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 \r\nA.  \r\nB.  \r\nC.  \r\nSCHEDULE II \r\n(REFERRED TO IN SECTION 30) \r\n1. Exceptions of channels, rights to minerals, etc. \r\n2. Power of Government entry to search for minerals, etc. \r\n3.  Compensation for damage by entry. \r\n4. Demarcation of boundaries. \r\n5. Arbitration. \r\n \r\n \r\nTEXT \r\n1\r\nTHE COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912 \r\n(V of 1912) \r\n[21 June 1912] \r\nAn \r\nAct \r\nto make better provision for the Colonization and Administration of Government \r\nLands in the Punjab. \r\n WHEREAS it is expedient to make better provi sion for the colonization and \r\nadministration of Government lands in the Punjab; \r\n It is hereby enacted as follows:– \r\n1. Title and local extent .– (1) This Act may be called the Colonization of \r\nGovernment Lands (Punjab) Act, 1912. \r\n (2) \r\n2\r\n[It extends to the whol e of the Province of \r\n3\r\n[the Punjab], except the \r\nTribal Areas.] \r\n2. Repeal.– The Government Tenants (Punjab) Act, 1893\r\n4\r\n, is hereby repealed. \r\n3. Definitions.– In this Act, unless there is something repugnant in the subject \r\nor context,– \r\n“Collector” means the Co llector of the district as described in \r\n5\r\n[\r\n6\r\n[the Punjab] \r\nLand Revenue Act, 1967\r\n7\r\n], and includes ( 1) any officer appointed by the \r\n8\r\n[\r\n1\r\n[Board of Revenue]] to perform all or any of the functions and exercise all or \r\n \r\n1\r\nFor Statement of Objects and Reasons, see Punjab Gazette, 1910, Part V, page 176; for Report of the Select Committee, see \r\nPunjab Gazette, 1911, Part V, p. 429, and ibid.,1912, Part V, p. 85; for Proceedings in Council, see ibid., 1910, Part V, p. 188, \r\nibid., 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 \r\nCouncil received the assent of His Honour the Lieutenant -Governor on the 18 th May 1912, and that of His Excellency the \r\nViceroy and Governor-General on the 6th June 1912 and published in the Punjab Gazette, June 28, 1912, pp. 150-155. \r\n2\r\nSubstituted for the words “It extends to the Punjab” by the Colonization of Government Lands (Punjab) (West Pakistan \r\nAmendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the \r\nGazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, s. 2. \r\n3\r\nSubstituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Orders No. I of 1974 ), dated \r\n20th November, 1974, published in the Punjab Gazette (Extraord inary), dated November 20, 1974, pp. 1425-A -1425-OO, s. 1 \r\nof Part II. \r\n4\r\nIndia Act III of 1893.  \r\n5\r\nSubstituted for the words, comma and figure “Punjab Land Revenue Act, 1887” by the words, comma and figure “West \r\nPakistan Land Revenue Act, 1967” by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, \r\n1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, \r\ndated November 7, 1969, pp. 1999-2002, clause (a) of s. 3. \r\n6\r\nSubstituted for the words “West Pakistan” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011), dated 14th April, 2011, \r\npublished in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8. \r\n7\r\nXVII of 1967. \r\n8\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\nany of the powers of the Collector under this Act, and ( 2) any Colonization \r\nOfficer or Assistant Colonization Officer appointed as such before the \r\ncommencement of this Act, whether or no such officer was by notification \r\nappointed to perform all or any of the functions of a Deputy Commissioner \r\nunder the Act hereby repealed. \r\n “\r\n2\r\n[\r\n3\r\n[Commissioner]]” includes any officer appointed by the \r\n4\r\n[\r\n5\r\n[Board of \r\nRevenue]] to perform all or any of the functions and exercise all or any of the \r\npowers of a \r\n6\r\n[\r\n7\r\n[Commissioner]] under this Act. \r\n “Colony” means any area to which  this Act shall be applied by order of the \r\n8\r\n[\r\n9\r\n[\r\n10\r\n[Provincial Government]]] and, unless the \r\n11\r\n[\r\n12\r\n[\r\n13\r\n[Provincial Government]]] \r\notherwise directs, any area to which the Government Tenants (Punjab) Act, \r\n1893\r\n14\r\n, has been applied. \r\n \r\n1\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977. \r\n2\r\nSubstituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 \r\n(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated \r\nOctober 25, 2001, pp. 1751-1752, s. 2. \r\n3\r\nSubstituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), \r\ndated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n5\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977. \r\n6\r\nSubstituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, 2001 \r\n(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, publi shed in  the Punjab Gazette (Extraordinary), dated \r\nOctober 25, 2001, pp. 1751-1752, s. 2. \r\n7\r\nSubstituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), \r\ndated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (1) of s. 8. \r\n8\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of In dia (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n9\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance N o. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977. \r\n10\r\nSubstituted for the words “Board of Revenue” by the Colonization of Government Lands (Punjab) (West Pakistan \r\nAmendment) Ordinance, 196 9 (West  Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the \r\nGazette of West Pakistan, dated November 7, 1969, pp. 1999-2002, clause (b) of s. 3. \r\n11\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n12\r\nSubstituted for the words “Provincial Government” by the West Pakistan  (Adaptation and Repeal of Laws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977.  \r\n13\r\nSubstituted for the words “Board of Revenue” b y the C olonization of Government Lands (Punjab) (West Pakistan \r\nAmendment) Ordinance, 1969 (West Pakistan Ordinance No. XXXVI of 1969), dated 7 th November, 1969, published in the \r\nGazette of West Pakistan, dated November 7, 1969, pp. 1999-2002. \r\n14\r\nIndia Act III of 1893. \r\n \r\n “Prescribed” means sanctioned by the \r\n1\r\n[\r\n2\r\n[Board of Revenue]] under this Act or \r\nunder the Act hereby repealed.  \r\n \r\n3\r\n[“Improvements” means with reference to a tenancy, any work which is \r\nsuitable to the tenancy and consistent with the conditions on which it is held, \r\nby which the value of the tena ncy has been and continues to be increased, \r\nand which, if not executed on the tenancy, is either executed directly for its \r\nbenefit, or is, after execution, made directly beneficial to it: \r\nExplanation I.– It includes among other things– \r\n(a) the construction of wells and other works for the storage or supply of \r\nwater for agricultural purposes; \r\n(b) the construction of works for drainage and for protection against floods; \r\n(c)  the planting of trees, the reclaiming, enclosing, leveling and terracing of \r\nland for agricultural purposes and other works of a like nature; \r\n(d)  the erection of buildings required for the more convenient or profitable \r\ncultivation of a tenancy; and \r\n(e)  the renewal or reconstruction of any of the foregoing works, or such \r\nalterations therei n, or additions thereto, as are not of the nature of \r\nmere repairs and as durably increase their value; \r\nBut it does not include such clearances, embankments, levelling, enclosures, \r\ntemporary wells and water -channels as are made by tenants in the ordinary \r\ncourse of cultivation and without any special expenditure, or any other benefit \r\naccruing to land from the ordinary operations of husbandry;  \r\nExplanation II .– A work which benefits several tenancies may be deemed to be, \r\nwith respect to each of them, an improvement. \r\nExplanation III .– A work executed by a tenant is not an improvement if it \r\nsubstantially diminishes the value of any other part of his landlord’s property.] \r\n“Tenant” means any person holding land in a colony as a tenant \r\n4\r\n[of \r\n5\r\n[Government]], and includes the predecessors and successors in interest of a \r\ntenant. \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of Ind ia (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n2\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West  \r\nPakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. \r\n3\r\nSubstituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan \r\nOrdinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, \r\n1969, pp. 1999-2002, clause (c) of s. 3. \r\n4\r\nSubstituted for the words “of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n5\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.  \r\n1\r\n[“Original tenant” means any male, to whom a tenancy is first allotted by the \r\nCollector, and includes the male transferee of such a tenant and any male \r\nnominated by the Collector in accordance w ith the provisions of section 21 to \r\nsucceed a female, to whom a tenancy was first allotted.] \r\nCHAPTER I \r\nPreliminary \r\n4. Application of the Act .– This Act shall, unless the \r\n2\r\n[Provincial Government] \r\notherwise directs, apply to land to which the provisions of t he Government Tenants \r\n(Punjab) Act, 1893\r\n3\r\n, have been applied and to any other land to which the \r\n4\r\n[Provincial Government] may by notification in the official Gazette apply it and which \r\nat the time of the notification was the \r\n5\r\n[property of the \r\n6\r\n[Provincial Government]]: \r\n Provided that \r\n7\r\n[unless the \r\n8\r\n[Provincial Government] by general or special order \r\notherwise directs] nothing in sections 20, 21, 22 and 23, or in the proviso to section \r\n14 of this Act shall, \r\n9\r\n[* * * * *], apply to tenancies specified in Schedule I of this Act, or \r\nto any class of tenancies created hereafter which the \r\n10\r\n[Provincial Government] may \r\ndeclare to be scheduled tenancies under this section. \r\n5. Power to withdraw a colony from the operation of the Act .– The \r\n11\r\n[Provincial Government] may, at any time by notification in the official Gazette, \r\nwithdraw a colony or any part of a colony from the operation of all or any of the \r\nprovisions of this Act. \r\n \r\n1\r\nAdded by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920), published in the Punjab \r\nGazette, June 11, 1920, p. 264, s. 2. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Ind ian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n3\r\nIndia Act III of 1893. \r\n4\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n5\r\nSubstituted for the words “property of the Government” by the Order ibid., Article 3 and Schedule VI. \r\n6\r\nSubstituted for the words “Crown for the purposes of the Province” by the West Pakistan Laws (Adaptation) Order, 1964, dated \r\n3rd June, 1964, published in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n7\r\nInserted by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and the First Schedule, Part VII- Punjab Acts and published in the \r\nPunjab Gazette, dated 24.9.1920, pp. 127 to 153. \r\n8\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n9\r\nOmitted the words “without the previous sanction of the Governor-General in Council” by the Devolution Act, 1929 (XXXVIII of \r\n1929), by the Devolution Act, 1920 (XXXVIII of 1920), s.2 and the First Schedule and published in the Gazette of India, dated \r\n14.9.1920. \r\n10\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n11\r\nIbid. \r\n \r\n6. \r\n1\r\n[Applicability of Tenancy Laws .– Except as provided in section 7, the \r\nPunjab Tenancy Act, 1887\r\n2\r\n, or any other law relating to tenancy for the time being in \r\nforce in any part of \r\n3\r\n[the Punjab], shall not be applicable to tenancies under this Act.]  \r\n7. \r\n4\r\n[Applicability of [the Punjab] Land Revenue Act ], 1967, etc .– (1) Subject \r\nto the provisions of this A ct, the \r\n5\r\n[Punjab Land Revenue Act], 1967, Chapter VII of \r\nthe Punjab Tenancy Act, 1887, or the corresponding provisions of any other law \r\nrelating to tenancy for the time being in force in the area where proceedings under \r\nthis Act are to be taken, and the ru les thereunder, shall apply to all proceedings \r\nunder this Act: \r\nProvided that nothing in the \r\n6\r\n[Punjab Land Revenue Act], 1967, the Punjab \r\nTenancy Act, 1887, or any other law relating to tenancy for the time being in force in \r\n7\r\n[the Punjab], shall be so const rued as to vary or invalidate any condition entered in \r\nany statement of conditions issued by the Provincial Government.  \r\n (2)  Nothing in section 6 shall affect the application of the Punjab Tenancy \r\nAct, 1887, or any other law relating to tenancy for the t ime being in force, to any \r\nmatter or dispute arising between Government tenants and their sub -tenants to \r\nwhich Government is not a party.] \r\n8. \r\n8\r\n[ * * * * * * * * *   ] \r\n9. \r\n9\r\n[ * * * * * * * * *   ] \r\nCHAPTER II \r\nProvisions relating to tenants \r\n10. Issue of statem ents of conditions of tenancies .– (1) The \r\n1\r\n[\r\n2\r\n[Board of \r\nRevenue subject to the general approval of the Government]] may grant land in a \r\ncolony to any person on such conditions as it thinks fit. \r\n \r\n1\r\nSubstituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan \r\nOrdinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, \r\n1969, pp. 1999-2002, s. 4. \r\n2\r\nXVI of 1887. \r\n3\r\nSubstituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. I of 1974 ), dated \r\n20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974 , pp. 1425-A -1425-OO, s. 2 \r\nof Part II. \r\n4\r\nSubstituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan \r\nOrdinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, \r\n1969, pp. 1999-2002, s. 5.  \r\n5\r\nSubstituted for the words “West Pakistan Land Revenue Act” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. \r\nI of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A \r\n-1425-OO. \r\n6\r\nSubstituted for the words “West Pakistan Land Revenue Act” by the Punjab Laws (Adaptation) Order, 1974 (Punjab Order No. \r\nI of 1974), dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A \r\n-1425-OO, clause (i) of s. 3 of Part II. \r\n7\r\nSubstituted for the words “West Pakistan” by the Order ibid., clause (ii) of s. 3 of Part II. \r\n8\r\nOmitted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan \r\nOrdinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, \r\n1969, pp. 1999-2002, s. 6. \r\n9\r\nIbid. \r\n (2) The \r\n3\r\n[Provincial Government] may issue a statement or  statements of \r\nthe conditions on which it is willing to grant land in a colony to tenants. \r\n (3) Where such statements of conditions have been issued, the  Collector \r\nmay, subject to the control of the \r\n4\r\n[Board of Revenue], allot land to any person, to be \r\nheld subj ect to such statement of conditions issued under sub -section (2) of this \r\nsection as the Collector may by written order declare to be applicable to the case. \r\n (4) No person shall be deemed to be a tenant or to have any right or title in \r\nthe land allotted to him until such a written order has been passed and he has taken \r\npossession of the land with the permission of the Collector. After possession has \r\nbeen so taken, the grant shall be held subject to the conditions declared applicable \r\nthereto. \r\n11. Legal effect of statements of conditions .– Subject to the provisions of this \r\nAct, the grant of any tenancy in accordance with any  statement of conditions which \r\nhas been or may hereafter be issued by the \r\n5\r\n[Provincial Government] under the \r\nGovernment Tenants (Punjab) Act, 1893\r\n6\r\n, or under this Act shall be deemed to be a \r\ntransfer of land within the meaning of the Crown Grants Acts, 1895\r\n7\r\n, and shall be \r\ngoverned by the provisions of the said Act. \r\n12. Temporary absence.– Any condition included in any statement of condition s \r\nwhich imposes an obligation of residence shall not be deemed to have been \r\ninfringed by reason only of the temporary absence of a tenant who has established a \r\npermanent residence in the estate in which his holding is situated. \r\n13. Entries in record-of-rights or in annual record to be equivalent to entries \r\nin register issued under Act III of 1893 .– Where in any statement of conditions \r\nissued before the commencement of this Act reference is made to any register \r\nprescribed under the Government Tenants (Punjab ) Act, 1893\r\n8\r\n, then the record -of-\r\nrights or the annual record shall, so far as may be, be deemed to be such a register. \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, da ted 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n2\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (A mendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n4\r\nSubstituted for the words “Financial Commissioner” b y the W est Pakistan (Adaptation and Repeal of Laws) Act, 1957 (West \r\nPakistan Act No. XVI of 1957), dated 25th July, 1957, published in the Gazette of West Pakistan, dated July 25, 1957 , pp. 709-\r\n789, subsection (2) of s. 3. \r\n5\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n6\r\nIndia Act III of 1887. \r\n7\r\nIndia Act XV of 1895. \r\n8\r\nIndia Act III of 1893. \r\n \r\n14. Position of tenants holding hitherto under Act III of 1893 .– Any person, \r\nwho at any time before the commencement of this Act was a te nant from \r\n1\r\n[\r\n2\r\n[Government]] of land to which the Government Tenants (Punjab) Act, 1893\r\n3\r\n, \r\napplied, and for which a statement of conditions was issued under that Act, shall, \r\nnotwithstanding any previous agreement or anything contained in the Punjab \r\nTenancy Ac t, 1887\r\n4\r\n, or any other enactment now in force, be deemed to have \r\naccepted and to hold the lands of which he is a tenant in accordance with such \r\nstatement of conditions: \r\n Provided that unless such tenant \r\n5\r\n[not being a Muslim] shall, by deed \r\nexecuted and registered within twelve months from the date on which this Act comes \r\ninto force, declare that the succession to his tenancy shall be in accordance with the \r\nstatement of conditions applicable thereto, the succession to his tenancy shall be \r\nregulated by the provision of sections 20, 21, 22 and 23 of this Act. \r\n15. Purchaser to be tenant pending payment in full of purchase money .– A \r\npurchaser from \r\n6\r\n[\r\n7\r\n[Government]] of land who has been placed in possession of the \r\nland by order of the Collector shall be deemed to b e a tenant of such land until the \r\nfull amount of the purchase money with any interest due thereon has been paid and \r\nthe other conditions set forth in the  statement of the conditions of sale issued by the \r\nCollector have been fulfilled.  \r\n16. False information by a tenant.– If any person who after the commencement \r\nof this Act has been put in possession of land in a colony as a tenant shall have \r\ngiven false information intending or having reason to believe that any \r\n8\r\n[servant of the \r\nState] may be thereby deceiv ed regarding his qualifications to become a tenant, he \r\nshall be deemed to have committed a breach of the conditions of his tenancy: \r\n \r\n9\r\n[ * * * * * * * * *   ] \r\n17. Exchanges.– Subject to any orders that he may receive from the  \r\n10\r\n[\r\n1\r\n[Commissioner]], the Collector may allow any tenant to exchange the whole or any \r\n \r\n1\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n2\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n3\r\nIndia Act III of 1893. \r\n4\r\nIndia Act XVI of 1887.  \r\n5\r\nInserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1951 (Punjab Act III of 1951), dated 23 rd \r\nJanuary, 1951, published in the Punjab Gazette, dated January 23, 1951, pp. 13-14. \r\n6\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n7\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n8\r\nSubstituted for the words “officer of the Crown” by the Order ibid. \r\n9\r\nDeleted by the Colonization of Government Land s (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published \r\nin the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, s. 2. \r\n10\r\nSubstituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Amendment) Ord inance, 2001 \r\n(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated \r\nOctober 25, 2001, pp. 1751-1752, s. 2. \r\npart of his  tenancy for other land in the colony, and the land so taken in exchange \r\nshall, in the absence of any special condition to the contrary recorded in writing by \r\nthe Collector, be deemed to be h eld on the same conditions and subject to the same \r\nobligations as the surrendered land was held.  \r\n18. Rights of tenant not to be attached or sold .– None of the rights or interests \r\nvested in a tenant from Government of land to which this Act applies shall b e \r\nattached or sold in execution of a decree or order of any court or in any insolvency \r\nproceedings. \r\n19. Transfers of rights to be void .– Except as provided in section 17, none of \r\nthe rights or interests vested in a tenant by or under the Government Tenants  \r\n(Punjab) Act, 1893\r\n2\r\n, or this Act shall, without the consent in writing of the \r\n3\r\n[\r\n4\r\n[Commissioner]], or of such officer as he may by written order empower in this \r\nbehalf, be transferred or charged by any sale, exchange, gift, will, mortgage or other \r\nprivate contract, other than a sub -lease for not more than one year in the case of a \r\ntenant who has not acquired a right of occupancy and seven years in the case of a \r\ntenant who has acquired a right of occupancy. Any such transfer or charge made \r\nwithout such consent in writing shall be void, and if (after the commencement of this \r\nAct) the transferee has obtained possession, he shall be ejected under the orders of \r\nthe Collector: \r\n Provided that the right of sub-letting conferred by this section shall not release \r\nany tenant from a condition requiring him to reside in the estate in which his tenancy \r\nis situated. \r\n5\r\n[19A. When after the coming into force of the Colonization of Government Lands \r\n(Punjab) (Amendment) Act, 1951, any Muslim tenant dies, succession to the tenanc y \r\nshall devolve on his heirs in accordance with the Muslim Personal Law (Shariat), and \r\nnothing contained in sections 20 to 23 of this Act shall be applicable to his case: \r\n Provided that when the tenancy rights are held by a female as a limited owner \r\nunder this Act, succession shall open out on the termination of her limited interest to \r\nall persons who would have been entitled to inherit the property at the time of the \r\ndeath of the last full owner had the Muslim Personal Law (Shariat) been applicable at \r\nthe time of such death, and in the event of the death of any of such persons before \r\nthe termination of the limited interest mentioned above, succession shall devolve on \r\nhis heirs and successors existing at the time of the termination of the limited interest \r\nof the female as if the aforesaid such person had died at the termination of the \r\n \r\n1\r\nSubstituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), \r\ndated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (2) of s. 8. \r\n2\r\nIndia Act III of 1893. \r\n3\r\nSubstituted for the word “Commissioner” by the Colonization o f Government Lands (Punjab)(Amendment) Ordinance, 2001 \r\n(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated \r\nOctober 25, 2001, pp. 1751-1752, s. 2. \r\n4\r\nSubstituted for the words “Executive Distr ict Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), \r\ndated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (2) of s. 8. \r\n5\r\nInserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1951 (Punjab Act III of 1951), dated 23 rd \r\nJanuary, 1951, published in the Punjab Gazette, dated January 23, 1951, pp. 13-14, s. 3. \r\n \r\nlimited interest of the female and had been  governed by the Muslim Personal Law \r\n(Shariat): \r\nProvided further that the share, which the female limited owner would have \r\ninherited had the Muslim Personal Law (Shariat) been applicable at the time of the \r\ndeath of the last full owner shall devolve on her if she loses her limited interest in the \r\nproperty on account of her marriage or remarriage and on her heirs under the \r\nMuslim Personal  Law (Shariat) if her limited interest terminates because of her \r\ndeath.] \r\n20. Succession to tenants acquiring otherwise than by succession .– \r\n1\r\n[Subject to the proviso to section 14, when, after the commencement of this Act, any \r\noriginal tenant dies the succession to the tenancy shall devolve in the following order \r\nupon–  \r\n(a) the male lineal descendants of the tenant in the male line of descent. \r\n(The term “lineal descendants” shall include an adopted son whose \r\nadoption has been ratified by a registered deed);  \r\n(b) the widow of the tenant until she dies, or re -marries, or loses her rights \r\nunder the provisions of this Act;  \r\n(c) the unmarried daughters of the tenant until they die or marry, or lose \r\ntheir rights under the provisions of this Act;  \r\n(d) the successor or successors nominated by the tenant by registered \r\ndeed from among the following persons, that is to say, his mother, \r\n2\r\n[his \r\npre-deceased son’s widow, his pre -deceased grandson’s widow], his \r\nmarried daughter, his daughter’s son, his sister, his sister’s so n, and \r\nthe male agnate members of his family; and \r\n(e) the successor or successors nominated by the Collector from among \r\nthe persons enumerated in clause (d) of this section.] \r\n21. Succession to tenants acquiring by succession .– \r\n3\r\n[When, after the \r\ncommencement of this Act, any male tenant, who is not an original tenant, dies, or \r\nany female tenant dies, marries or re -marries, the succession to the tenancy shall \r\ndevolve–  \r\n(a) in the case of a female, to whom the tenancy has been first allotted, on \r\nthe successor nominated by the Collector from the issue of such \r\nfemale tenant, or from the male agnates of the person, on account of \r\nwhose services the tenancy was allotted to her;  \r\n(b) in all other cases, on the person or persons, who would succeed if the \r\ntenancy were agricultural land acquired by the original tenant.] \r\n \r\n1\r\nSubstituted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1 920), published in the Punjab \r\nGazette, June 11, 1920, at p. 264, s. 3. \r\n2\r\nInserted by the Colonization of Government Lands (Punjab) Amendment Act, 1941 (Punjab Act XIII of 1941), dated the 13 th \r\nDecember, 1941, published in the Government Gazette (Extraordinary) Punjab, dated 15.12.1941, p. 303, s. 2. \r\n3\r\nSubstituted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1920 (III of 1920) , published in the Punjab \r\nGazette, June 11, 1920, p. 264, s. 4. \r\n22. Acquisition of ownership not to affect nomination of heir.– When a tenant \r\nhas nominated a successor to his tenant under section 20 (d) and subsequently \r\nacquires a right of ownership in the tenancy, the  right of succession of the person so \r\nnominated shall, unless the deed of nomination expressly provides to the contrary, \r\nbe unaffected by such acquisition of ownership. \r\n23. Revocation of nomination.– When a tenant has, under section 20( d) of this \r\nAct, nominated a successor, he may at any time, whether before or after acquiring \r\nownership, revoke such nomination, but not otherwise than by registered deed.  \r\n24. Power of imposing penalties for breaches of conditions .– When the \r\nCollector is satisfied that a tena nt in possession of land has committed a breach of \r\nthe conditions of his tenancy, he may, after giving the tenant an opportunity to \r\nappear and state his objections,– \r\n(a) impose on the tenant a penalty not exceeding \r\n1\r\n[\r\n2\r\n[ten thousand rupees]], \r\nor  \r\n(b) order the resumption of the tenancy; \r\n Provided that if the breach is capable of rectification, the Collector shall not \r\nimpose any penalty or order the resumption of the tenancy unless he has issued a \r\nwritten notice requiring the tenant to rectify the breach with in a reasonable time, not \r\nbeing less than one month, to be stated in the notice and the tenant has failed to \r\ncomply with such notice. \r\n25. Power of re -entry and provisions as to compensation in certain cases .– \r\nWhere an order resuming the tenancy has been pa ssed under the last preceding \r\nsection, the Collector may forthwith re -enter upon the land and resume possession \r\nof it, subject to the payment of compensation, to be fixed by the Collector, for uncut \r\nand ungathered crops and for the improvements, if any, th at may have been made \r\nby the tenant: \r\n Provided that if the tenancy be allotted to any other person, the amount of the \r\ncompensation, if any, paid to the out -going tenant shall be recoverable by the \r\nCollector from the incoming tenant. \r\n26. Provisions for re -entry on and compensation for buildings on sites \r\nallotted for residential purposes.– In any case where a tenant has been allotted a \r\nsite for residential purposes in consideration of his tenancy, and such tenancy has \r\nbeen resumed under the provisions of sect ions 24 and 25 of this Act, the Collector \r\nmay re-enter on and take possession of such site: \r\n Provided that the Collector shall fix and pay to the said tenant reasonable \r\ncompensation for, or permit him to remove, any buildings or improvements made by \r\nhim on such site. \r\n \r\n1\r\nSubstituted for the words “one hundred rupees” by the Col onization of Government Lands (Punjab) Act (Amendment) \r\nOrdinance, 1983 (Punjab Ordinance No. II of 1983), dated 18th January, 1983, published in the Punjab Gazette (Extraordinary), \r\ndated January 18, 1983, pp. 23-B-23-C, clause (1) of s. 2. \r\n2\r\nSubstituted for the words “five thousand rupees” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, \r\n1999 (Punjab Ordinance No. XLVII of 1999), dated 27 th September, 1999, published in the Punjab Gazette (Extraordinary), \r\ndated September 27, 1999, pp. 1347-A-1347-B, s. 2. \r\n \r\n27. Saving of certain tenancies and conditions .– (1) Nothing in sections 24, \r\n25, or 26 shall apply to– \r\n(a) the case of land irrigated by the Rakh and Mian Ali Branches of the \r\nChenab Canal allotted before the twelfth day of August 1896, or  \r\n(b) any breach of a condition regarding arboriculture included in any \r\nstatement of conditions other than a statement pertaining to tree -\r\nplanting tenants. \r\n1\r\n[or] \r\n2\r\n[(c) any tenancy scheduled under the proviso to section 4, except to such \r\nextent as may be specifie d in the statement of conditions applicable to \r\nsuch tenancy.] \r\n3\r\n[ * * * * * * * * *   ] \r\n28. Sums due to \r\n4\r\n[\r\n5\r\n[Government]] to be recoverable as arrears of land \r\nrevenue.– All sums due to \r\n6\r\n[\r\n7\r\n[Government]] in respect of a tenancy granted in \r\npursuance of the Gov ernment Tenants (Punjab) Act, 1893\r\n8\r\n, or under the provisions \r\nof this Act or of the rules and conditions issued thereunder, and all sums due on \r\naccount of fines, confiscations, costs and penalties, shall be recoverable as if they \r\nwere arrears of land revenue.  \r\n29. Power to abrogate conditions .– The \r\n9\r\n[\r\n10\r\n[Board of Revenue subject to the \r\ngeneral approval of the Government]] may, at any time by notification in the official \r\nGazette, abrogate any of the limitations and obligations imposed upon tenants as \r\npart of the conditions of their tenure. \r\nCHAPTER III \r\nProvisions relating to proprietors \r\n \r\n1\r\nSubstituted for the word “or” by the Colonization of Government Lands (Punjab) (Amendment) Act, 1944, dated 10.06.1944, \r\npublished in the Punjab Gazette (Extraordinary), dated June 12, 1944, pp. 409-410, s. 2. \r\n2\r\nInserted by the Act ibid., s. 2.  \r\n3\r\nOmitted ibid.  \r\n4\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n5\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n6\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n7\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n8\r\nIndia Act III of 1893. \r\n9\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) O rder, 1937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n10\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repe al of L aws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. \r\n30. Acquisition of proprietary right .– \r\n1\r\n[(1)] Notwithstanding anything entered in \r\nany statement of conditions issued under the Government Tenants (Punjab) Act, \r\n1893\r\n2\r\n, a tenant who , either in pursuance of any such condition, or otherwise by \r\nagreement with, or under rules issued \r\n3\r\n[by the Provincial Government], has acquired \r\nproprietary right in any land included in his tenancy shall in respect of such land \r\ncease to be subject to any statement of conditions issued under the above -\r\nmentioned Act; provided always that he shall in respect of such land be bound by the \r\nconditions set out in Schedule II of this Act and be bound by the other provisions of \r\nthis Act applicable to proprietors of land. \r\n \r\n4\r\n[(2) If, at any time, the Board of Revenue is satisfied that any person had \r\nacquired under this Act tenancy rights in respect of any land by means of fraud or \r\nmisrepresentation or was not eligible to have such rights for any reason whatsoever \r\nthen notwithstanding the acquisition of proprietary rights by such person in such land \r\nor the terms and conditions of any agreement with or rules issued by the Provincial \r\nGovernment and without prejudice to any other liability or penalty to which such \r\nperson may be liable under any law for the time being in force, the Board of Revenue \r\nmay, after giving such person a reasonable opportunity of showing cause, pass an \r\norder resuming the land in respect of which proprietary rights have been acquired or \r\nreduce the area of such land or pass such order as it may deem fit.] \r\n5\r\n[30-A. Rights of alienation in respect of and rule of succession to certain \r\nproprietary rights acquired by a female .– (1) Notwithstanding any custom and the \r\nprovisions of any law to the contrary, when  after the commencement of the \r\nColonization of Government Lands (Punjab) (Amendment) Act, 1944, proprietary \r\nrights in any land are acquired by a female tenant, her rights of alienation of any \r\nsuch land shall be the same– \r\n(a) If she succeeded to the tenancy dir ectly or indirectly from a male \r\ntenant, as if the proprietary rights had been acquired by the last male \r\ntenant, and she had succeeded to such rights as his heir; and \r\n(b) If the tenancy was first allotted on account of some male person, either \r\nto her, or to another female to whom she succeeded either directly or in \r\na continuous line of female succession, as if the proprietary rights had \r\nbeen acquired by such male person, and she had succeeded to such \r\nrights as his heir, \r\nand in cases falling under clause ( a) or c lause ( b) in the event of such female \r\nproprietor dying while in possession of the proprietary rights in question, the said \r\nrights shall devolve upon the persons who would be entitled to succeed, if such \r\n \r\n1\r\nRe-numbered as “(1)” by the Colonization of Gove rnment Lands (Punjab) (Amendment) Ordinance, 1978, dated 14 th June, \r\n1978, published in the Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, clause (i) of s. 3. \r\n2\r\nIndia Act III of 1893. \r\n3\r\nSubstituted for the words “by Government” by the Gover nment of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n4\r\nAdded by the Colonization of Government Lands (Punjab) (Amendment) Ordinance, 1978, dated 14th June, 1978, published in \r\nthe Punjab Gazette (Extraordinary), dated June 14, 1978, pp. 641-642, clause (ii) of s. 3. \r\n5\r\nInserted by the Colonization of Government Lands (Punjab) (Amendment) Act, 1944 (Pu njab Act VI of 1944), dated 10th June, \r\n1944, published in the Punjab Gazette (Extraordinary), dated June 12, 1944, pp. 409-410, s. 3. \r\n \r\nrights had been acquired by the last male tenant, or the male person on whose \r\naccount the tenancy was first allotted, as the case may be.  \r\n (2) Nothing herein contained shall be construed to alter the law of \r\nsuccession applicable to any female tenant, in respect of proprietary rights in land \r\nacquired by her,  if the tenancy in such land was acquired by or accrued to her in \r\ncircumstances other than those specified in subsection (1). \r\n(3) For the purposes of this section the expression “any such land” shall be \r\ndeemed to include any land obtained in exchange for p art or all of the land in which \r\nproprietary rights have been acquired.] \r\nCHAPTER IV \r\nSupplementary provisions \r\n31. Mares, camels or their progeny maintained under prescribed conditions \r\nnot to be attached or sold .– No mare or camel or other animal maintained i n \r\naccordance with any prescribed statement of conditions and no progeny, if less than \r\neighteen months old, of any mare or camel so maintained, shall be liable to \r\nattachment or sale in execution of any decree.  \r\n32. Power of re -entry in case of squatters and  trespassers.– When the \r\nCollector is satisfied that any person has taken or is in possession of land in a colony \r\nto which he has no right or title, the Collector may, in addition to any other powers he \r\nmay possess, forthwith re-enter upon the land and resu me possession of it and take \r\npossession of all crops, trees and buildings thereon on behalf of \r\n1\r\n[\r\n2\r\n[Government]] \r\nwithout payment of any compensation whatsoever. \r\n33. Penalties.– If any person, without permission of a Revenue Officer of a grade \r\nto be specified by the \r\n3\r\n[\r\n4\r\n[Board of Revenue]],– \r\n(a) clears or breaks up for cultivation or cultivates any land which  is owned \r\nby or is in the possession of \r\n5\r\n[\r\n6\r\n[Government]] and is not included in any \r\ntenancy or allotted residential enclosure or which has been set apart  \r\nfor the common purposes of a town or village community or section of \r\nthe same, or for a road, canal or water-course; or \r\n(b) erects any building on any such land; or  \r\n \r\n1\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n2\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n4\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) \r\nOrdinance, 1961 (West Pakistan Ordinance No. XXXI of 1961), dated 14 th December, 1961, published in the Gazette of West \r\nPakistan December 14, 1961, pp. 2971-2977, clause (c) of s. 2. \r\n5\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n6\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n(c) fells or otherwise destroys standing trees on such land; or  \r\n(d) otherwise encroaches on any such land; or  \r\n(e) makes an excavation or constructs a water channel on any such land; \r\nhe shall on complaint made by order of or under authority from the \r\nCollector be punished on conviction by any Magistrate with a fine not \r\nexceeding \r\n1\r\n[\r\n2\r\n[two hundre d thousand rupees] or with rigorous \r\nimprisonment not exceeding six months or with both.]. \r\nExplanation.– The felling of trees planted by an owner or tenant on any village road \r\nor water-course traversing his holding is not an offence under this section. \r\n34. Additional powers of Collector in regard to offences .– When the Collector \r\nis satisfied that an act punishable under section 33 has been committed, he may, in \r\nlieu of proceeding against the offender under that section or after conviction of the \r\noffender under that section– \r\n(i) in the case of an offence under section 33(a), confiscate the crops \r\ngrowing on any land cultivated in contravention of this Act or, if the \r\ncrops have been cut, recover such sum as he may assess as the value \r\nthereof from the offender; \r\n(ii) in the case of an offence under section 33 (c), recover such sum as he \r\nmay assess as the value of the trees or tree destroyed; \r\n(iii) in the case of an offence under section 33(b), (d) or (e), cause the \r\nbuilding or other encroachment to be demolished or  removed or the \r\nexcavation or channels to be filled up, and levy the costs of so doing \r\nfrom the person responsible for such act. \r\n35. Power to levy a cess for administration of common village expenses .– \r\n(1) If in any estate the majority of the tenants and owners of the estate shall apply for \r\nthe levy of a cess for village purposes, the Collector may order the payment of such \r\na cess from the proprietors, tenants and inhabitants of the village in such way and at \r\nsuch rates as he holds to be suitable. \r\n \r\n3\r\n[(2) Any cess leviable in any estate under this section shall be recoverable \r\nas arrears of land revenue.] \r\n36. Jurisdiction of Civil Court barred as regards matter arising under the \r\nAct.– A Civil Court shall not have jurisdiction in any matter of which the Collect or is \r\nempowered by this Act to dispose, and shall not take cognizance of the manner in \r\n \r\n1\r\nSubstituted for the word and figures “Rs. 200” by the Colonization of Government Lands (Punjab) Act (Amendment) \r\nOrdinance, 1983 (Punjab Ordinance No. II of 1983), dated 18th January, 1983, published in the Punjab Gazette (Extraordinary), \r\ndated January 18, 1983, pp. 23-B-23-C, clause (2) of s. 3. \r\n2\r\nSubstituted for the words “five thousand rupees” by the Colonization of Government Lands (Punjab)(Amendment) Ordinance, \r\n1999 (Punjab Ordinance No. XLVII of 1999), dated 27 th September, 1999, published in the P unjab Gazette (Extraordinary), \r\ndated September 27, 1999, pp. 1347-A-1347-B, s. 3. \r\n3\r\nSubstituted by the Colonization of Government Lands (Punjab) (West Pakistan Amendment) Ordinance, 1969 (West Pakistan \r\nOrdinance No. XXXVI of 1969), dated 7 th November, 1969, published in the Gazette of West Pakistan, dated November 7, \r\n1969, pp. 1999-2002, s. 7. \r\n \r\nwhich the \r\n1\r\n[Provincial Government] \r\n2\r\n[Board of Revenue]] or Collector or any other \r\nRevenue Officer exercises any power vested in it or in him by or under this Act. \r\n37. Public servants indemnified for acts done under this Act .– No suit shall \r\nlie against any public servant for anything done by him in good faith under this Act. \r\n38. Legalization of orders passed previous to the Act .– (1) Any act hitherto \r\ndone or order passed b y the \r\n3\r\n[Provincial Government] or by an officer holding the \r\npost of Colonization Officer, Assistant Colonization Officer or Settlement \r\nCommissioner, or exercising the powers of an Assistant Collector or of a Revenue \r\nOfficer of higher class within any area to which the Government Tenants (Punjab) \r\nAct, 1893\r\n4\r\n, has been applied or to which this Act may hereafter be applied, which is \r\nnot contrary to the provisions of this Act, shall be deemed to have been done or \r\npassed under this Act. \r\n (2) In particular and wit hout prejudice to the generality of the foregoing \r\nsub-section, no right of occupancy or right of ownership and no condition applicable \r\nthereto shall be invalidated by reason of– \r\n(i) the right having been granted before the particulars regarding it have \r\nbeen entered in a prescribed register; or \r\n(ii) the prescribed register not having been signed by the tenant; or \r\n(iii) the prescribed statement of conditions having been affixed to the \r\nprescribed register instead of being prefixed thereto: \r\n Provided that if th e register has not been signed by the tenant, the statement \r\nof conditions applicable to the tenancy shall be deemed to be that which was in force \r\nfor tenancies of the same description at the time when the land was allotted.  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of I ndia (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n2\r\nInserted by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (West Pakistan Ordinance No. \r\nXXXI of 1961), dated 14 th December, 1961, published in the Gazette of West Pakistan December 14, 1961 , pp. 2971-2977, \r\nclause (c) of s. 2. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 4 and Table of General \r\nAdaptations. \r\n4\r\nIndia Act III of 1893. \r\nSCHEDULE I \r\nLIST OF EXCEPTED TENANCIES REFERRED TO IN SECTION 4 \r\nA.– In the Lower Chenab Colony the tenancies of tenants holding on the \r\nconditions applicable to– \r\n (1) Camel-owning tenants. \r\n (2) Camel-owning Chaudhris. \r\n (3) Village headmen, ordinary. \r\n (4) Village headmen, mule-breeding. \r\n (5) Tree-planting tenants. \r\n (6) Village menials.  \r\nB.– In the Lower Jhelum Colony the tenancies of tenants holding on the \r\nconditions applicable to– \r\n (1) Horse-breeding tenants. \r\n (2) Horse-breeding nazarana-paying tenants. \r\n (3) Village headmen. \r\n (4) Tree-planting tenants. \r\n (5) Village menials.  \r\nC.– In the Lower Sohag Para Colony the tenancies of tenants holding on the \r\nconditions applicable to– \r\n Village headmen. \r\n-------------------- \r\n \r\nSCHEDULE II \r\n(REFERRED TO IN SECTION 30) \r\nConditions applicable to grantees who acquire proprietary right. \r\n1. Exceptions of channels, rights to minerals, etc .– The \r\n1\r\n[\r\n2\r\n[Government]] \r\ndoes not grant to the grantee but hereby absolutely excepts and reserves to itself out \r\nof and in respect of the said lands (1) all grounds situat e in the said land or any part \r\nthereof already marked out, excavated or otherwise utilized for the distributary \r\nchannels, and (2) all existing rights to and over all mines and minerals, coals, gold -\r\nwashings, earth -oil and quarries in or under the said land s or any part thereof, \r\ntogether with all easements heretofore enjoyed by \r\n3\r\n[\r\n4\r\n[Government]] in respect of the \r\nsaid lands or any part thereof. And it likewise excepts and reserves the right of the \r\npublic to use existing thoroughfares traversing the said lands  or any part thereof \r\nincluding a width of    kadams on either side of survey base lines, and also any lines \r\nof road which, though not yet made, have been marked out upon the ground. \r\n2. Power of \r\n5\r\n[\r\n6\r\n[Government]] entry to search for minerals, etc .– The grantee \r\nshall at all times permit the \r\n7\r\n[servant of the State] to enter and do all acts and things \r\nthat may be necessary and expedient for the purpose of searching for, working, \r\ngetting or carrying away any such mines and minerals, coals, gold -washings, earth-\r\noil and quarries, and for the full enjoyment of the ground and of the rights \r\nhereinbefore reserved to \r\n8\r\n[\r\n9\r\n[Government]] to and over all mines and minerals, coals, \r\ngold-washings, earth-oil, quarries and easements in or under the said lands and all \r\nparts thereof. \r\n3.  Compensation for damage by entry .– The Government agrees to pay the \r\ngrantees compensation for all damage occasioned by the exercise of the rights \r\nreserved to itself in clauses 1 and 2. Such compensation shall be assessed by the \r\n \r\n1\r\nSubstituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n2\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n3\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n4\r\nSubstituted for the word “Government” ibid. \r\n5\r\nIbid. \r\n6\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n7\r\nSubstituted for the words “officer of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3 rd June, 1964, \r\npublished in the Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n8\r\nSubstituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-285, Article 3 and Schedule VI. \r\n9\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849.  \r\n\r\nCollector, and if the grantee is not satisfied with the finding of the Collector, he may \r\nappeal to the \r\n1\r\n[\r\n2\r\n[Commissioner]]. \r\n4. Demarcation of boundaries .– The grantee shall duly comply with such \r\ndirections as the Collector shall from time to time issue requiring him  to construct \r\nboundary marks on the limits of the said lands or any part thereof, and shall keep \r\nthem when erected in good repair to the satisfaction of the Collector. \r\n5. Arbitration.– In the event of any dispute arising \r\n3\r\n[between the Provincial \r\nGovernment] and the grantee as to the property and rights hereby reserved \r\n4\r\n[to \r\n5\r\n[Government]], or as to any matter in any way relating thereto, or as to any of the \r\nconditions of the grant, or as to any matter or thing anywise connected therewith, the \r\nsaid dispute sh all be referred for the opinion of the \r\n6\r\n[\r\n7\r\n[Commissioner]], whose \r\ndecision shall be final and conclusive \r\n8\r\n[between the Provincial Government] and the \r\ngrantee. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1\r\nSubstituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Ame ndment) Ordinance, 2001 \r\n(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated \r\nOctober 25, 2001, pp. 1751-1752, s. 3. \r\n2\r\nSubstituted for the words “Executive District Officer (Revenue)” by the P unjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), \r\ndated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (3) of s. 8. \r\n3\r\nSubstituted for the words “between the Government” by the Government of In dia (Adaptation of Indian Laws) Order, 1937, \r\ndated 18 th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937 , pp. 75-285, Article 3 and \r\nSchedule VI. \r\n4\r\nSubstituted for the words “to Government” ibid. \r\n5\r\nSubstituted for the words “the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, dated 3rd June, 1964, published in \r\nthe Gazette of West Pakistan, dated June 3, 1964, pp. 1805-1849. \r\n6\r\nSubstituted for the word “Commissioner” by the Colonization of Government Lands (Punjab)(Am endment) Ordinance, 2001 \r\n(Punjab Ordinance No. XXXII of 2001) , dated 25 th October, 2001, published in the Punjab Gazette (Extraordinary), dated \r\nOctober 25, 2001, pp. 1751-1752, s. 3. \r\n7\r\nSubstituted for the words “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (Act VI of 2011 ), \r\ndated 14th April, 2011, published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, clause (3) of s. 8. \r\n8\r\nSubstituted for the words “between Government” by the Government of India  (Adaptation of Indian Laws) Order, 1937, dated \r\n18th 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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