{ "schema_version": "qanun-law-text/1", "id": "punjab-code-fc003956ecb757f6", "title": "PUNJAB DEBTORS’ PROTECTION ACT, 1936", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BzFTZwEyU2A-", "version": null, "source_snapshot": "2026-08-06T16:53:55Z", "legal_status": "not independently verified", "text_quality": "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.", "text_sha256": "dc65197ee44c700f43ed8adef0089ad5bc1598db5320b6ebe2226d9fe4252995", "source_sha256": "dc65197ee44c700f43ed8adef0089ad5bc1598db5320b6ebe2226d9fe4252995", "text_version_id": "law:punjab-code-fc003956ecb757f6:sha256:dc65197ee44c700f43ed8adef0089ad5bc1598db5320b6ebe2226d9fe4252995", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB DEBTORS’ PROTECTION ACT, 1936 \r\n(II of 1936) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nEXECUTION OF DECREES \r\n3. Definitions. \r\n4. Temporary alienation of land in execution of decree for the payment of \r\nmoney. \r\n5. Partial exemption of land. \r\n6. Collector and Commissioner deemed to be acting judicially. \r\n6-A. Revision. \r\n7. Limitation for appeals. \r\n8. Rules to be made after previous publication. \r\n9. Exemption of ancestral property from liability. \r\n10. Exemption of standing crops and trees from attachment or sale. \r\n11. Execution barred in certain cases. \r\n11-A. \r\nCHAPTER III \r\nBURDEN OF PROOF \r\n12. Burden of proof of consideration. \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB DEBTORS’ PROTECTION ACT, 1936 \r\n(II of 1936) \r\n[12 June 1936] \r\nAn \r\nAct \r\nto provide for the more effective protection of debtors in the Punjab. \r\nPreamble.– WHEREAS it is expedient for the more effective protection of debtors to \r\nmodify the existing law on certain points and to amend the law with respect to \r\npersons carrying on business as money-lenders; \r\n AND WHEREAS the previous sanction of the Governor -General under sub -\r\nsection (3) of section 80 -A of the Government of India Act and the previous sanction \r\nof the Governor under section 80-C of the said Act have been obtained; \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Debtors’ Protection Act, 1936. \r\n (2) It extends to the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act, un less there is anything repugnant in the su bject or \r\ncontext,– \r\n(1) “Bank” means a company carrying on the business of banking and \r\nregistered under any of the enactments relating to companies for the \r\ntime being in force in the United Kingdom, or in any of the Colonies or \r\nDependencies thereof, or in \r\n2\r\n[\r\n3\r\n[Pakistan]], or incorporated by an Act of \r\nParliament \r\n4\r\n[of the United Kingdom] or by Royal Charter or Letters \r\nPatent or by any Act of the \r\n5\r\n[\r\n1\r\n[Parliament]]. \r\n \r\n1\r\nFor Statement of Objects an d Reasons, see Punjab Gazette, 1935, Par t I, p. 249; for Report of the Select Committee, see \r\nPunjab Gazette, 1935, Part V, p p. 49-50; for Proceedings in Council, see Punjab Legislative Council Debates, Volume XXVI, \r\npp. 988-989; Volume XXVII, pp. 1137-1174, 1177-1210, 1238-1247; Volume XXVIII, pp. 903, 1003-1028. This Act received the \r\nassent of the Governor of the Punjab on 16 th April, 1936; that of the Governor -General on 30 th May, 1936; published in the \r\nPunjab Gazette (Extraordinary), dated 6 th June, 1936 and also published in the Punjab Gazette, Part I, dated J une 12, 1936, \r\npp. 612-614. \r\n2\r\nSubstituted for the words “British India” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), \r\npublished in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n3\r\nSubstituted for the words “a Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2 read with Schedule. \r\n4\r\nInserted by the Order ibid. \r\n5\r\nSubstituted for the words “Indian Legislature” by the Government of India (Ada ptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n(2) “Company” means a company registered under any of the enactments \r\nrelating to companies for the time being in force in the United Kingdom \r\nor in any of the Colonies or Dependencies thereof, or in \r\n2\r\n[\r\n3\r\n[Pakistan]], or \r\nincorporated by an Act of Parliament \r\n4\r\n[of the United Kingdom ] or by \r\nRoyal Charter or Letters Pat ent, and includes Life Assurance \r\nCompanies to which the Indian Life Assurance Companies Act, 1912, \r\napplies. \r\n(3) “Co-operative Society” means a society registered under the provisions \r\nof Co-operative Societies Act, 1912. \r\n(4) “Court” includes a court acting in the exercise of insolvency jurisdiction. \r\n(5) “Interest” includes the return to be made, over and above what was \r\nactually lent, whether the same is charged or sought to be recovered, \r\nspecifically by way of interest, or otherwise. \r\n(6) “Loan” means an adva nce whether of money or in kind at interes t and \r\nshall include any transaction which the court finds to be in substance a \r\nloan, but it shall not include:– \r\n(i) a deposit of money or other property in a Post Office Savings \r\nBank or any other bank, or in a comp any or with a co -operative \r\nsociety; \r\n(ii) a loan to or by, or a deposit with any society or association \r\nregistered under the Societies Registration Act, 1860, or under \r\nany other enactment for the time being in force; \r\n(iii) a loan advanced by the \r\n5\r\n[Provincial Government] or by any local \r\nbody authorized by the \r\n6\r\n[Provincial Government]; \r\n(iv) a loan advanced by a bank, a co-operative society or a company \r\nwhose accounts are subject to audit by a certificated auditor \r\nunder the \r\n7\r\n[*] \r\n8\r\n[Companies Ordinance, 1984\r\n9\r\n]; \r\n(v) a loan advanced to a trader; \r\n \r\n1\r\nSubstituted for the words “Central Legislature” by the Punjab Laws (Adaptation) Order, 1974 (Pb. O. No. 1 of 1974), published \r\nin the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-B, Article 2(1) read with Schedule. \r\n2\r\nSubstituted for the words “British India” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), \r\npublished in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n3\r\nSubstituted for the words “a Province” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2 read with Schedule. \r\n4\r\nInserted by the Order ibid. \r\n5\r\nSubstituted for the words “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n6\r\nIbid. \r\n7\r\nOmitted the word “Indian” b y the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n8\r\nSubstituted fo r the wor ds, comma and figure “Companies Act, 191 3” by the Punjab Debtors’ Protection (Amen dment) \r\nOrdinance, 2001 (XLV of 2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1809-1810, s. \r\n2. \r\n9\r\nXLVII of 1984 which has been repealed b y the Companies Act, 2017 (XIX of 2017), published in the Gazette of Pakistan \r\n(Extraordinary), dated May 31, 2017, pp. 181-610. \r\n(vi) an ad vance made on the basis of a negotiable instrument as \r\ndefined in the Negotiable Instruments Act, 1881, other than a \r\npromissory note; \r\n (vii) a transaction which is, in substance, a mortgage or a sale of \r\nimmovable property; \r\n(7) “Money-lender” means a person who, in the regular course of \r\nbusiness, advances a loan as defined in this Act and shall include the \r\nlegal re presentatives and the successor -in-interest, whether by \r\ninheritance, assignment or otherwise, of the pers on who advanced the \r\nloan. \r\n(8) “Trader” means a person who in the regular course of business buys \r\nand sells goods or other property, whether movable or immovable, and \r\nshall include– \r\n(i) a wholesale or a retail merchant, \r\n(ii) a commission agent, \r\n(iii) a broker, \r\n(iv) a manufacturer, \r\n(v) a contractor, \r\n(vi) a factory owner, \r\nbut shall not include a person who sells his own agricultural produce or \r\ncattle, or buys agricultural produce or cattle for his own use. \r\nCHAPTER II \r\nEXECUTION OF DECREES \r\n3. Definitions.– In th is Chapter, unless there is anything repug nant in the \r\nsubject or context,– \r\n(1) “land” means land which is not occupied as the site of any building in a \r\ntown or village, and is occupied or has been let for agricultural \r\npurposes, or for purposes subservient to agriculture, or for pasture, and \r\nincludes the sites of buildings and other structures on such land; \r\n(2) “Collector” means the \r\n1\r\n[Collector of a district appointed under the Punjab \r\nLand Revenue Act, 1967 (XVII of 1967)] or any officer specially \r\nempowered by the \r\n2\r\n[\r\n3\r\n[Board of Revenue]] to exercise the powers of a \r\nCollector under this Chapter. \r\n \r\n1\r\nSubstituted for the words “Deputy Commissioner of a district” by the Punjab Debtors’ Protection (Amen dment) Ordinance, \r\n2001 (XLV of 2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1809-1810, s. 3. \r\n2\r\nSubstituted for the words “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n1\r\n[\r\n2\r\n[(3) “Commissioner” means a Commissioner of a Division appointed under \r\nthe Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an \r\nAdditional Commissioner.]] \r\n4. Temporary alienation of land in execution of decree for the payment of \r\nmoney.– (1) Notwithstanding anything contained in any other enactment for the time \r\nbeing in force, whenever a civil court orders that land be attached and alienated \r\ntemporarily in the execution of a decree for the payment of m oney the proceedings \r\nof such attachment and alienation shall be transferred to the Collector. \r\n (2) On the proceedings being transferred to him by the civil court the \r\nCollector shall decide the period of alienation, which shall not exceed twenty years in \r\nthe case of land owned by a member of a statutory agricultural tribe, determined to \r\nbe such by the \r\n3\r\n[\r\n4\r\n[Board of Revenue]] in exercise of the powers conferred by section \r\n4 of the Punjab Alienation of Land Act, 1900. \r\n5. Partial exemption of land .– Such portion of the judgment-debtor’s land shall \r\nbe exempted from temporary alienation as in the opinion of the Collector, having \r\nregard to the judgment -debtor’s income from all sources except such income as is \r\ndependent on the will of another person, is sufficient to provide for the maintenance \r\nof the judgment-debtor and the members of his family who are dependent on him. \r\n6. Collector and \r\n5\r\n[\r\n6\r\n[Commissioner]] deemed to be acting judicially .– The \r\nCollector when acting under sect ions 4 and 5 shall be deemed to be acting j udicially \r\nand shall act in accordance with the provisions of law applicable to the Court from \r\nwhich the proceedings were transferred to him and any party aggrieved by an order \r\nof the Collector under section 4 or 5 shall have a right of appeal to the \r\n7\r\n[\r\n8\r\n[Commissioner]] who when hearing appeals under this section shall be deemed to \r\nbe acting judicially and shall act in accordance with the provisions of law applicable \r\nto a Civil Court of Appeal. \r\n \r\n1\r\nAdded by the Punjab Debtors’ Protection (Amendment) Act, 1939 (X of 1939), published in the Government Gazette, Punjab, \r\nPart I, dated November 24, 1939, p. 1666, s. 3. \r\n2\r\nSubstituted by the Punjab La ws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated \r\nApril 14, 2011, pp. 4043-4047, s. 9. \r\n3\r\nSubstituted for the words “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4\r\nSubstituted for the words “Provincial Government” by the West Pakistan (Adaptation and Re peal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n5\r\nSubstituted for the word “Commissioner” by the Punjab Debtors’ Protection (Amen dment) Ordinance, 2001 (XLV of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1809-1810, s. 4. \r\n6\r\nSubstituted for the words and brackets “Ex ecutive District Officer (Revenue)” by the Punjab Laws (Amendment) Act, 2011 (VI \r\nof 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 9. \r\n7\r\nSubstituted for the word “Commissioner” by the Punjab Debtors’ Protection (Amen dment) Ordinance, 2001 (XLV of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1809-1810, s. 4. \r\n8\r\nSubstituted for the words and brackets “Ex ecutive District Officer (Revenue)” by the Punjab Laws (Amen dment) Act, 2011 (VI \r\nof 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 9. \r\n1\r\n[6-A. Revision.– The \r\n2\r\n[Board of Revenue] may, at any time, call for and examine \r\nthe record of any order passed, or proceedings taken by the Collector or the \r\n3\r\n[\r\n4\r\n[Commissioner]] under this Act for the purpose of satisfying \r\n5\r\n[itself] as to the legality \r\nor propriety of such order or such proceedings and m ay pass such order thereon as \r\n6\r\n[it] may think fit.] \r\n7. Limitation for appeals.– The period of limitation for an appeal under the last \r\nforegoing section shall run from the date of the order appealed against and shall be \r\nsixty days. \r\n8. Rules to be made after previous publicat ion.– The \r\n7\r\n[Provincial Government] \r\nmay, subject to the condition of previous publication, make rules for carrying into \r\neffect the provisions of sections 4, 5, 6 and 7 of this Chapter. \r\n9. Exemption of ancestral property from liability.– When custom is the rule of \r\ndecision in regard to succession to immovable property then, notwithstanding any \r\ncustom to the contrary, ancestral immovable property in the hands of a subsequent \r\nholder shall not be liable in the execution of a decree or order of a court relating t o a \r\ndebt incurred by any of his predecessors in interest: \r\n Provided that, when the debt has been expressly charged by way of mortgage \r\non ancestral immovable property by a predecessor in interest, the court shall \r\ndetermine the liability of such land as if this section had not been passed: \r\n Provided further, and subject to the foregoing proviso, that, in respect of a \r\ndebt incurred before the commencement of this Act, ancestral property in the hands \r\nof a su bsequent ho lder may be liable, only if all the followi ng conditions are \r\nsatisfied:– \r\n First.– That, before such liability is determined, the judgement -debtor shall be \r\ngiven sufficient opportunity to show cause against such liability. \r\n Second.– That such liability was pe rmitted by the rule of custom applicable to \r\nthe judgment-debtor immediately before the commencement of this Act, and nothing \r\nin this section shall prevent the judgment-debtor from proving the contrary. \r\n Third.– That the decree-holder is able to show t o the satisfaction of the court \r\nthat, at the t ime the debt was originally incurred, there was a subsisting judgment or \r\n \r\n1\r\nInserted by the Punjab Debtors’ Protection (Amendment) Act, 1939 (X of 1939), published in the Government Gazette, Punjab, \r\nPart I, dated November 24, 1939, p. 1666, s. 4. \r\n2\r\nSubstituted for the words “Financial Commissioner” by the West P akistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of \r\n1957), published in the Gazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3 read with Schedule III. \r\n3\r\nSubstituted for the word “Commissioner” by the Punjab Debtors’ Prote ction (Amendment) Ordinance, 2001 (XLV o f 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1809-1810, s. 4. \r\n4\r\nSubstituted for the words and brackets “Ex ecutive District Officer (Revenue)” by the Punjab Laws (Amen dment) Act, 2011 (VI \r\nof 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 9. \r\n5\r\nSubstituted for the word “himself” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in \r\nthe Gazette of West Pakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 4. \r\n6\r\nSubstituted for the word “he” by the Act ibid. \r\n7\r\nSubstituted for the words “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\norder of a competent court, not in ex parte proceedings, holding that such a custom \r\nwas applicable to the sub-tribe in the tahsil to which the judgment-debtor belongs. \r\n Fourth.– That the judgment -debtor is not able to show t o the satisfaction of \r\nthe court that, at the time the debt was originally incurred, there was a subsisting \r\njudgment or order of a competent court not in ex-parte proceedings, holding to the \r\ncontrary and subsequent to the judgment relied upon by the decree-holder. \r\n10. Exemption of standing crops and trees from attachment or sale .– \r\nNotwithstanding anything to the contrary contained in any other enactment for the \r\ntime being in force:– \r\n(1) standing crops, other than cott on and sugarcane, shall not be liable to \r\nattachment or sale in the execution of a decree; \r\n(2) standing trees apart from the land on which they stand shall not be \r\nliable to sale in the execution of a decree or an order of a court. \r\n11. Execution barred in ce rtain cases .– (1) Notwithstanding anything to the \r\ncontrary contained in any other enactment for the time being in force, where an \r\napplication has been made to execute a decree passed after the commencement of \r\nthis Ac t against a debtor as defined in sub -section (2) of section 7 of the Punjab \r\nRelief of Indebtedness Act, 1934, and not being a decree granting an injunction, no \r\norder for the execution of the same decree shall be made upon any fresh application \r\npresented after the expiration of six years from– \r\n(a) the date of the decree sought to be executed, or \r\n(b) where the decree or any subsequent order directs any payment of \r\nmoney or the delivery of any property to be made at a certain date or at \r\nrecurring periods, the d ate of the default in making the payment of \r\ndelivery in respect of which the applicant seeks to execute the decree. \r\n (2) Nothing in this section shall be deemed– \r\n(a) to preclude the Court from ordering the execution of a decree upon an \r\napplication presented after the expiration of the said term of six years, \r\nwhere the judgment -debtor has, by fraud or force, prevented the \r\nexecution of the decree at some time within six years immediately \r\nbefore the date of the application; or \r\n(b) to limit or otherwise affect t he operation of Article 183 of the Firs t \r\nSchedule to the \r\n1\r\n[*] Limitation Act, 1908. \r\n2\r\n[11-A. Notwithstanding anything contained in the Code of Civil Procedure, 1908, no \r\ndecree for the payment of money shall be executed by the sale without attachment, \r\nor by the appointment of a receiver of land o r the produce of land or an interest in \r\nland, which under any law for the time being in force, is exempt from attachment or \r\nsale.] \r\n \r\n1\r\nOmitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n2\r\nInserted by the Punjab Debtors’ Protection (Amendment) Act, 1938 (IX of 1938), published in the Government Gazette, \r\nPunjab, Part I, dated January 20, 1939, p. 36, s. 2. \r\nCHAPTER III \r\nBURDEN OF PROOF \r\n12. Burden of proof of consideration.– Notwithstanding anything to the contrary \r\ncontained in any other enactment for the time being in force, the burden of proving \r\nthat any consideration alleged to have been paid by a money -lender actually passed \r\nshall be on him; unless the consideration is acknowledged by a deb tor in his own \r\nhandwriting or has been endorsed by the registering officer acting under clause (c) of \r\nsub-section (1) of section 58 of the \r\n1\r\n[*] Registration Act, 1908, as having been paid in \r\nhis presence. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1\r\nOmitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", 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