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PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 19th October, 2020
No. 28-PLA-2020/72.- The Punjab Land Revenue (Amendment) Bill,
2020 is hereby published for general information under the proviso to rule 121
of the Rules of Procedure and Conduct of Business in the Punjab Vidhan
Sabha (Punjab Legislative Assembly):-
Bill No.28-PLA-2020
THE PUNJAB LAND REVENUE (AMENDMENT) BILL, 2020
A
BILL
further to amend the Punjab Land Revenue Act, 1887.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India as follows:-
1.
(1)
This Act may be called the Punjab Land Revenue (Amendment)
Act, 2020.
(2)
It shall come into force on and with effect from the date of its
publication in the Official Gazette.
Short title and
commencement.
Regd. No. NW/CH-22
Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
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2.
In the Punjab Land Revenue Act, 1887 (hereinafter referred to as the
principal Act), for section 13, the following section shall be substituted, namely:-
“13.(1)
Save as otherwise provided by this Act, an appeal shall lie
from an original or appellate order of a Revenue Officer as
follows, namely:-
(a)
to the Collector when the order is made by an Assistant
Collector of either grade;
(b)
to the Commissioner when the order is made by a Collector;
(c)
to the Financial Commissioner when the original order made
by a Collector is reversed by the Commissioner in appeal:
Provided that –
(i)
when an original order is confirmed on appeal, a further
appeal shall not lie;
(ii)
when any such order is modified or reversed on appeal
by the Collector, the order made by the Commissioner
on further appeal, if any, to him shall be final;
(iii)
no order of remand shall be passed by the appellate
authority except where it is established from the record
that a necessary party was not duly served;
(iv)
no appeal shall lie against any interim order passed by a
Revenue Officer under this Act;
Explanation.-An order passed under sub-section (1) of section
116 and section 117 shall not be an interim order;
(v)
in partition proceedings, the Revenue Officer shall not
proceed further in case an appeal has been filed against
an order passed under sub-section (1) of section 116 or
section 117 or section 118.
(2)
Notwithstanding anything contained in this section, the appeals
pending before the Financial Commissioner under sub-section (1) prior
to the commencement of the Punjab Land Revenue (Amendment) Act,
2020, shall be decided and disposed of as heretofore.”
Substitution of
section 13 of
Punjab Act XVII
of 1887.
Appeals.
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3.
In the principal Act, in section 14, after clause (c), the following proviso
shall be inserted, namely :-
“ Provided that –
(i)
the period of limitation for an appeal against the order passed by
the Assistant Collector under sub-section (1) of section 116 or section
117 shall be fifteen days before the Collector and thirty days before
the Commissioner; and
(ii)
an appeal shall be decided by the appellate authority within sixty
days from the date the respondent puts in appearance after notice
or is proceeded against ex parte."
4.
In the principal Act, after section 15, the following section shall be inserted,
namely:-
"15-A. Clerical or arithmetical error in an order may, at any time be
corrected by the Revenue Officer who passed the order or
by this successor either of his own motion or on the application
of any party, and an intimation of such correction shall be
made to the parties free of any charges and also to the
concerned Revenue Officer for its implementation."
5.
In the principal Act, for section 16, the following section shall be
substituted, namely:-
“16. (1) The Financial Commissioner, may at any time, on his own
motion, or on an application made to him by any aggrieved
person within ninety days of the passing of any order, call
and examine the record of any case pending before, or
disposed of by any Revenue Officer, subordinate to him for
the purpose of satisfying himself as to the legality or propriety
of such order or proceedings and may pass such order in
relation thereto as he may deem fit.
(2)
No revision shall lie against an order in respect of which an
appeal is maintainable.
(3)
A person aggrieved by any order of which revision has been
sought, shall state the illegality and impropriety of the order impugned:
Correction
of order.
Amendment of
section 14 of
Punjab Act XVII
of 1887.
Insertion of new
section 15-A in
Punjab Act XVII
of 1887.
Substitution of
section 16 of
Punjab Act XVII
of 1887.
Revision.
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Provided that: -
(i)
the Financial Commissioner shall not pass an order reversing
or modifying any proceedings or order of a subordinate
Revenue Officer and affecting any question of rights between
the parties, without giving them an opportunity of being heard;
(ii)
except against an order under section 118 passed in appeal,
or against issuance of instrument of partition under section
121, no application for revision shall lie against an order relating
to partition proceedings under Chapter IX;
Explanation.- If a revision petition has been filed against an order
under section 118 passed in appeal, no such petition shall lie against
an instrument of partition issued under section 121;
(iii)
the period of limitation for filing a revision petition against an
order under section 118 passed in appeal, or against issuance
of instrument of partition under section 121 with respect to
partition of land shall be sixty days from the date of order;
and
(iv)
such revision shall be decided within one hundred and twenty
days from the date the respondent puts in an appearance
after notice or is proceeded against ex parte.
(4)
Notwithstanding anything contained in this section, the cases called
for by the Commissioner under sub-section (1) prior to the commencement of
the Punjab Land Revenue (Amendment) Act, 2020, shall be decided and
disposed of by the Revenue Officer as heretofore.
(5)
Notwithstanding anything contained in the Punjab Land Revenue
(Amendment) Act, 2011 (Punjab Act No. 15 of 2011) and the Punjab Land
Revenue (Amendment) Act, 2012 (Punjab Act No. 5 of 2013), the revision
applications pending before the Financial Commissioner shall be disposed of
by him in accordance with the provisions contained herein.”
6.
In the principal Act, in section 20, for sub-sections (2), (3), (4), (5) and
(6), the following sub-sections shall be substituted, namely:-
“(2) If service cannot be so made, or if acceptance of service so
Amendment of
section 20 of
Punjab Act XVII
of 1887.
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made is refused, the summons may be served by affixing a copy thereof
at the usual or last known place of residence of the person to whom it is
addressed, or if that person does not reside in the district in which the
Revenue Officer exercises his jurisdiction and the case to which the
summons relates has reference to land in that district, then by affixing a
copy of the summons on some conspicuous place in or near the estate
wherein the land is situate.
(3)
If the summons relates to a case in which persons having the
same interest are so numerous that personal service on all of them is not
reasonably practicable, it may, if the Revenue Officer so directs, be
served by delivery of a copy thereof to such of those persons as the
Revenue Officer nominates in this behalf and by publication of the
contents thereof in a daily Punjabi newspaper having vide circulation for
the information of the other persons interested.
(4)
The summons may also be served through Short Message
Service (SMS) or Whatsapp, email, or through other electronic mode at
the phone number or email id, as may be approved by the State
Government which shall be available or otherwise known, or made known,
to the Revenue Officer:
Provided that if service is effected through any of the above modes,
a printout of the communication shall be placed on the record and the
applicant or the appellant, as the case may be, shall provide proof to the
satisfaction of the Revenue Officer of the genuineness of the phone
number or email id being that of the recipient.
Explanation. - An affidavit filed by the applicant shall be sufficient proof
regarding the genuineness of the phone number or email id to which
the communication is sent as being that of the recipient.
(5)
A summons may, if the Revenue Officer so directs, be served
on the person named therein, either in addition to, or in substitution for,
any other mode of service, by forwarding the summons by post in a
letter addressed to the person and registered under Chapter VI of the
Indian Post Office Act, 1898 (Central Act VI of 1898), or sent through a
reputed courier agency notified by the Government in this regard.
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(6)
When a summons is so forwarded in a letter, and it is proved
that the letter was properly addressed and duly posted and registered,
the Revenue Officer may presume that the summons was served at the
time when receipt of its delivery is furnished:
Provided that in case of a letter sent through registered post, its delivery
may be presumed after thirty days if it is not received back undelivered
within this period.
(7)
A summons may also be served on the person named therein
by publication of the contents thereof in a daily Punjabi newspaper having
wide circulation, as may be approved by the State Government.
(8)
A summons may also be served by uploading it on such website
as may be notified.
(9)
Any of the modes of service provided in sub-sections (2), (3),
(4), (5), (7) or (8) may be adopted simultaneously in addition to the mode
provided in sub-section (1)."
7.
In the principal Act, for section 21, the following section shall be
substituted, namely:-
“21. A notice, order or publication or copy of any such document, issued
by a Revenue Officer for service on any person shall
be served in the manner provided in the last forgoing
section for the service of a summons.”
8.
In the principal Act, section 22 shall be omitted.
9.
In the principal Act, for section 110, the following section shall be
substituted, namely:-
“110.
A partition of land, either under this Chapter or otherwise,
shall not, without the express consent of the Financial
Commissioner, affect the joint liability of the land or of the
land owners thereof for the revenue payable in respect of
the land, or operate to create a new estate, and, if any
conditions are attached to that consent, those conditions shall
be binding on the parties to the partition.”
Substitution of
section 21 of
Punjab Act XVII
of 1887.
Omission of
section 22 of
Punjab Act XVII
of 1887.
Substitution of
section 110 of
Punjab Act XVII
of 1887.
Effect of
partitions of
estates on
joint liability
for revenue.
Mode of service
of notice, order
or publication or
copy thereof.
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10.
In the principal Act, for section 111, the following section shall be
substituted, namely:-
“111. (1)
Any joint owner of land, may apply to a
Revenue Officer for partition of his share in the land, if,-
(a)
on the date of application, the share as owner is recorded
under Chapter IV as belonging to him; or
(b)
his right to share as owner has been established by a decree
which is still subsisting at that date.
(2)
The applicant shall with his application for partition, file as many
copies of the application as the number of respondents."
11.
In the principal Act, in section 112,-
(i)
in clause (2), after sub-clause (a), the following sub-clause shall be
inserted, namely:-
"(aa) any common path, common water course or such like place,
used for common purpose;”; and
(ii)
clauses (3) and (4) shall be omitted.
12.
In the principal Act, for section 113, the following section shall be
substituted, namely:-
“113. (1)
The Revenue Officer, on receiving the application
under section 111, shall, if it is in order and not
open to objection on the face of it, fix a day for the
hearing thereof, and–
(a)
cause a notice of the application on the day so fixed to be
served on the respondent and on such of the recorded
co-sharers, as have not joined in the application to submit
their replies specifying therein if any of them desires partition
of his share and if he so desires add him as an applicant; and
(b)
if he thinks fit, cause a notice to be served on any other person
whom he may deem to be directly or indirectly interested in
the application.
Substitution of
section 111 of
Punjab Act XVII
of 1887.
Amendment of
section 112 of
Punjab Act XVII
of 1887.
Substitution of
section 113 of
Punjab Act XVII
of 1887.
Application
for partition.
Notice of the
application and
addition of
parties for
partition.
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(2)
The reply to the application for partition shall be filed by the
respondent within thirty days of his appearance in response to the notice issued
under clauses (a) or (b) of sub-section (1).
(3)
A party that has been proceeded against ex parte may join the
proceedings of the case from the stage at which it is pending on the date he joins."
13.
In the principal Act, for sections 114 and 115, the following sections shall
be substituted, namely:-
“114. The Revenue Officer after examining such of the co-sharers and
other persons, as may be present on that day, may, if
he is of the opinion that there is good and sufficient
cause, why partition should be absolutely disallowed,
refuse the application, recording the grounds of his refusal.
115. (1) Before proceeding to adjudicate the partition amongst the parties,
the Assistant Collector shall make an effort in the first
instance, to settle it by mediation and conciliation and for
this purpose he may either refer the case to the Mediation
and Conciliation Centre in the District or to a panel of
three respectable persons out of whom one each shall be nominated by the
applicants and the respondents respectively and the third shall be nominated
by the Assistant Collector:
Provided that where parties agree for mediation then proceedings
in pursuance thereof shall be concluded by the mediators within thirty
days of entering the reference and such period may with the mutual
consent of the parties be extended by another fifteen days.
(2)
In case the parties do not agree for mediation or in the event
of failure to resolve the matter by mediation and conciliation, the Assistant
Collector shall record a finding to this effect and proceed to continue
with the partition amongst the parties.
(3)
The Collector or the Commissioner before whom the matter
is taken up or is pending, after satisfying himself of there being a likelihood
for an agreement on the partition amongst the parties by mediation and
conciliation may in the manner as provided for in sub-section (1) refer
the matter for mediation, which shall be decided in the same manner:
Substitution of
sections 114 and
115 of Punjab
Act XVII of
1887.
Absolute
disallowance of
partition.
Partition
through
conciliation
and
mediation.
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Provided that in case the matter is referred to a panel, the third
mediator shall be nominated by the Collector or the Commissioner, as
the case may be.
(4)
In the event of failure to resolve the dispute by conciliation
and mediation within thirty days, the Collector or the Commissioner who
made the reference, shall record a finding to this effect and proceed to
decide the matter amongst the parties.
(5)
A Revenue Officer may accept, modify or reject the settlement
reached at in the mediation, recording his reasons for doing so in his decision
in respect of the matter which was referred for mediation and conciliation.”
14.
In the principal Act, section 115-A, shall be omitted.
15.
In the principal Act, for sections 116, 117 and 118, the following sections
shall be substituted, namely:-
"116. (1) The Revenue Officer, on the application not being refused or
the conciliation not being successful and upon a question
of title being raised, shall by recording reasons within
thirty days decide whether such question is involved
between the applicant and the respondent.
(2) In case a question of title is involved between the applicant and
the respondent, the Revenue Officer shall decline to grant the application
for partition until the question has been determined by a court of competent
jurisdiction and if no such question is involved, he shall proceed with the
partition.
117. The Revenue Officer after making such enquiry including that of
visiting the spot, wherever necessary, and taking into
account relevant factors such as possession of parties
on the land, its location and quality, finalize the mode
of partition specifying therein the property to be divided.
"118. (1) The Revenue Officer shall allot specific portions of the land to
the applicant in accordance with the mode of partition.
Omission of
section 115-A of
Punjab Act XVII
of 1887.
Substitution of
sections 116, 117
& 118 of Punjab
Act XVII of
1887.
Procedure on
admission of
application and
disposal of
question as to
title.
Mode of making
the partition
specifying the
property to be
divided.
Land to be allotted to
the applicant and
others
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(2)
After an order has been passed under sub section (1), the
Revenue Officer shall proceed to prepare the instrument of partition
under section 121 irrespective of any party withdrawing from the
proceedings.
Explanation.-
Non-appearance of any party shall be construed as his
withdrawing from the proceedings."
16.
In the principal Act, in section 120,-
(i)
after sub-section (1), the following Explanation shall be inserted,
namely:-
“Explanation.- In case the area of land under tenancy is reduced
as a result of partition, the rent payable by the tenant shall be
proportionately decreased.”; and
(ii)
sub-section (3) shall be omitted.
17.
In the principal Act, for section 121, the following section shall be
substituted, namely:-
“121.
(1)
When a partition is completed, the Revenue Officer shall
cause an instrument of partition to be prepared at the
expiry of sixty days from the order passed under section
118 and it shall take effect after thirty days of its first copy being issued.
Explanation.- A partition shall be taken to be complete on an order passed
under section 118.
(2)
An instrument of partition shall be amended or modified in
the event of an order passed under section 118 is set aside, modified or
reversed in appeal, review or revision."
18.
In the principal Act, for section 122, the following section shall be
substitution, namely:-
“122. An owner to whom any land is allotted in proceedings for partition
shall be entitled to possession thereof as against the other
parties to the proceedings and their legal representatives,
and a Revenue Officer shall, on application made to
him for the purpose by any such owner at any time
Amendment of
section 120 of
Punjab Act XVII
of 1887.
Substitution of
section 121 of
Punjab Act XVII
of 1887.
Substitution of
section 122 of
Punjab Act XVII
of 1887.
Instrument
of partition.
Delivery of
possession
of property
allotted, on
partition.
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within three years from the date of instrument of partition under the last
foregoing section, give effect to that instrument so far as it concerns the
applicant as if it were a decree for immovable property.”
19.
In the principal Act, section 125 shall be omitted.
20.
In the principal Act, in section 153, for the words, sign and figures “the
Indian Limitation Act, 1908”, the words, sign, brackets and figures “the
Limitation Act, 1963 (Central Act 36 of 1963)” shall be substituted.
Omission of
section 125
Amendment of
section 153 of
Punjab Act XVII
of 1887.
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STATEMENT OF OBJECTS AND REASONS
The Punjab Land Revenue Act, 1887 was enacted in the State of
Punjab, which deals with the correction and maintenance of land record,
assessment and collection of land revenue and other matters relating to partition
of land and liability incidents and recovery of areas of Land Revenue etc. The
act provides for the preparation and updation of records of various types of
land rights. The matter of amending Section 16 of the Act ibid had arisen in
CRM-M No.64509 of 2018 - Manpreet Singh versus Government of Punjab
before the Hon'ble Punjab and Haryana High Court.
The matter was referred to the Revenue Commission. The
Commission recommended to amend the provisions of Appeal, Review and
Revision and Mode of Service of Summons which are given in Chapter 2 and
the method of Partition, which is given in chapter 9 and the Punjab Land
Revenue Act, 1887 to make these simple and user friendly.
The Punjab Land Revenue (Amendment) Bill, 2020 is aimed to
achieve the above objects.
GURPREET SINGH KANGAR
Revenue, Rehabilitation and Disaster
Management Minister, Punjab
______________
CHANDIGARH
SHASHI LAKHANPAL MISHRA
THE 19th OCTOBER, 2020
SECRETARY.
2131/10-2020/Pb. Govt. Press, S.A.S. Nagar