Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020
(AGHN 19, 1942 SAKA)
EXTRAEXTRAEXTRAEXTRAEXTRAORDINARORDINARORDINARORDINARORDINARYYYYY
Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
CHANDIGARH, THURSDAY, DECEMBER 10, 2020
(AGRAHAYANA 19, 1942 SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
1. The Punjab Land Revenue (Amendment)
Act, 2020.
.. 189-198
(Punjab Act No. 21 of 2020)
2. The Registration (Punjab Amendment)
Act, 2020.
.. 199-200
(Punjab Act No. 22 of 2020)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Nil
______
( cxiv ) PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 189
(AGHN 19, 1942 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 10th December, 2020
No.24-Leg./2020.-The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 7th day of
December, 2020, is hereby published for general information:-
THE PUNJAB LAND REVENUE (AMENDMENT) ACT, 2020
(Punjab Act No. 21 of 2020)
AN
ACT
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) Short title and commencement.
Act, 2020.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
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:-
Substitution of section 13 of Punjab Act XVII of 1887.
"13.(1) Save as otherwise provided by this Act, an appeal shall lie
Appeals. 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 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 190
(AGHN 19, 1942 SAKA)
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."
3. In the principal Act, in section 14, after clause (c), the following proviso
shall be inserted, namely :-
Amendment of section 14 of Punjab Act XVII of 1887.
" 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:-
Insertion of new section 15-A in Punjab Act XVII of 1887.
"15-A. Clerical or arithmetical error in an order may, at any time
be corrected by the Revenue Officer who passed the order
correction of 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." PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 191
(AGHN 19, 1942 SAKA)
5. In the principal Act, for section 16, the following section shall be
substituted, namely:-
Substitution of section 16 of Punjab Act XVII of 1887.
"16. (1) The Financial Commissioner, may at any time, on his own
Revision. motion, or on an application made to him by any aggrieved
person within ninety days of the passing of any order, call
and examin 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:
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 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 192
(AGHN 19, 1942 SAKA)
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:-
Amendment of section 20 of Punjab Act XVII of 1887.
"(2) If service cannot be so made, or if acceptance of service so
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.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 193
(AGHN 19, 1942 SAKA)
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.
(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:-
Substitution of section 21 of Punjab Act XVII of 1887.
"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."
Mode of service of notice, order or publication or copy thereof.
8. In the principal Act, section 22 shall be omitted.
Omission of section 22 of Punjab Act XVII of 1887.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 194
(AGHN 19, 1942 SAKA)
9. In the principal Act, for section 110, the following section shall be
substituted, namely:-
Substitution of section 110 of Punjab Act XVII of 1887.
"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
Effect of partitions of estates on joint liability for revenue.
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."
10. In the principal Act, for section 111, the following section shall be
substituted, namely:-
Substitution of section 111 of Punjab Act XVII of 1887.
"111. (1) Any joint owner of land, may apply to a Revenue Officer
for partition of his share in the land, if,-
Application for partition.
(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
Amendment of section 112 of Punjab Act XVII of 1887.
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:-
Substitution of section 113 of Punjab Act XVII of 1887.
"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–
Notice of the application and addition of parties for partition.
(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, PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 195
(AGHN 19, 1942 SAKA)
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.
(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
Substitution of sections 114 and 115 of Punjab Act XVII of 1887.
other persons, as may be present on that day, may, if
he is of the opinion that there is good and sufficient
Absolute disallowance of partition.
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
Partition through conciliation and mediation. 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.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 196
(AGHN 19, 1942 SAKA)
(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:
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.
Omission of section 115-A of Punjab Act XVII of 1887.
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
Substitution of sections 116, 117 and 118 of Punjab Act XVII of 1887.
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.
Procedure on admission of application and disposal of question as to title.
(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
Mode of making the partition specifying the property to be divided.
of partition specifying therein the property to be divided.
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 197
(AGHN 19, 1942 SAKA)
"118. (1) The Revenue Officer shall allot specific portions of the land to
the applicant in accordance with the mode of partition.
Land to be allotted to the applicant and others.
(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:-
Amendment of section 120 of Punjab Act XVII of 1887.
"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:-
Substitution of section 121 of Punjab Act XVII of 1887.
"121.(1) When a partition is completed, the Revenue Officer shall
cause an instrument of partition to be prepared at the
Instrument of partition.
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
Substitution of section 122 of Punjab Act XVII of 1887.
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
Delivery of possession of property allotted, on partition.
him for the purpose by any such owner at any time PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 198
(AGHN 19, 1942 SAKA)
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.
Omission of section 125 of Punjab Act XVII of 1887.
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.
Amendment of section 153 of Punjab Act XVII of 1887.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2178/12-2020/Pb. Govt. Press, S.A.S. Nagar
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 199
(AGHN 19, 1942 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 10th December, 2020
No.25-Leg./2020.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 7th day of December, 2020, is hereby published for general information:-
THE REGISTRATION (PUNJAB AMENDMENT) ACT, 2020
(Punjab Act No. 22 of 2020)
AN
ACT
further to amend the Registration Act, 1908, in its application to the State
of Punjab.
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 Registration (Punjab Amendment) Act, 2020. Short title and commencement.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Registration Act, 1908, in its application to the State of Punjab, after section 19, the following section shall be inserted, namely:-
"19-A (1) The Registering Officer shall refuse to register –
Insertion of section 19-A in Central Act 16 of 1908.
Refused to register.
(a) any instrument relating to transfer by way of sale, gift, mortgage, exchange, lease or otherwise of immovable property -
(i) belonging to the Central or State Government or any authority or undertaking of the Central or State Government;
(ii) belonging to a local authority;
Explanation:- For the purpose of this sub-clause, 'local authority' means any Municipal Corporation, Municipal Committee, Notified Area Committee, Nagar Panchayat, Improvement Trust, Zila Parishad, Block Samiti, Gram Panchayat, any other unit of Local Self-Government or Urban Development Authority;
(iii) belonging to and recorded in the name of the Punjab
Bhoodan Yagna Board;
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 10, 2020 200
(AGHN 19, 1942 SAKA)
(iv) belonging to waqf which are under the Punjab Waqf Board established under the Waqf Act, 1995 (Central Act No.43 of 1995):
Provided that nothing in clause (a) shall apply in respect of any document or class of documents for which sanction in this regard has been issued by the competent authority under any law for the time being in force and in the absence of such authority, an authority authorized by the Central or State Government, as the case may be, for this purpose;
(b) any instrument relating to transfer of land recorded in the record of rights as shamlat deh, except land which is or has been allotted or sold by the Government:
Provided that shamlat deh which has been sold or allotted after 9th day of July, 1985 by the Government to a displaced person in lieu of land left in Pakistan shall not be covered under the above provision.
Explanation.-For the purpose of this sub-clause 'Record of Rights' means the Record of Rights maintained under the Punjab Land Revenue Act, 1887 (Punjab Act No.XVII of 1887);
(c) any instrument relating to immovable property, specified by the State Government, by notification, the alienation or transfer of which has been prohibited under any Central or State Act; and
(d) a document relating to transfer of property by way of agreement for sale, gift, exchange or permanent alienation of lease or otherwise pertaining to any immovable property which is attached permanently or provisionally by any competent authority under any Central Act or State Act for the time being in force or by any Court or Tribunal.
(2) Any document registered in contravention of sub-section (1) shall not affect any immovable property comprised therein, or be received as evidence of any transaction affecting such property."
S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs.