THE PUNJAB TENANCY ACT, 1887 (Act XVI of 1887) CONTENTS CHAPTER I ‘PRELIMINARY SECTIONS 1. Title, extent and commencement. 2. (Repealed). 3, [Repealed]. 4. Definitions. CHAPTER 1 Rict or OccuPrANcY 5. ‘Tenants having right of occupancy. 6. Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy Act, 1868. Right of occupancy in land taken in exchange. . Establishment of right of occupancy on grounds other than those expressly stated in Act. 2s 9. Right of occupancy not to be acquired by mere lapse of time. 10, . Right of occupancy not to be acquired by joint owner in land held in joint Ownership. 11, Continuance of existing occupancy rights. GHAPTER IIT ranr’” Rents generally 12. Respective rights of landlord and tenant to produce. 13, Commutation and alteration of rent. 14, Payments for land occupied without consent of landlord. 210 Tenancy [1887 : Act XVI33, ‘1887 + Act XVI} Tenancy. an Recovery of rent from attached produce Recovery of rent from attached produce. Leases for period exceeding term of assessment of land-revenue Treatment of leases for period exceeding or equal to term of assessment of land-revenue. CHAPTER IV JRELINQUISHMENT, ABANDONMENT AND EXECTMENT Relinguishment Relinguishment by tenant for a fixed term. Relinquishment by any other tenant. Relinquishment of part only of a tenancy. Abandonment Abandonment of tenancy by occupancy tenant, Liability to Ejectment 39. Grounds of ejectment of occupancy tenant. 28 Breas Grounds of ejectment of tenant for a fixed term. Ejectment of tenant from year to year. Procedure on Ejectment Restriction on ejectment, Application to Revenue Officer for ejectment, ‘Bjectment for failure to satisfy decree for arrear of rent. ‘Bjectment of tenant from year to year by notice. Power to make rules, General Provisions respecting ejectment Time for ejectment. Relief against forfeiture. Rights of ejected tenants in respect of crops and land prepared for sowing.212 ‘SECTIONS S0-A. St. 52. SoA. 53. 55. 37. 58. 58-A. 6. Tenancy (1887 : Act XVF Relief for wrongful dispossession Relief for wrongful dispossession or ejectment. Bar to civil saits. Bar of relief by suit under section 9, Act I of 1877. Power to vary dates prescribed by this chapter Power of Provincial Government to fix dates for certain purposes. * GHAPTER V ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY Alienation Provisions of Chapter V not to apply to mugarraridars. Private transfer of right of occupancy under section 5 by tenant. Procedure on foreclosure of mortgage of right of occupancy under seo- tion 5. Sale of right of occupancy under section 5 in execution of decree. Transfer of right of occupancy under any other section than section 5. Rights and liabilities of transferee of right of occupancy. Subletting. ‘Transfer of right of occupancy under any section of the Act by ‘exchange. ‘Succession Succession to right of occupancy. Irregular Transfers Irregular transfer or right of occupancy. CHAPTER V-A Succession to Non-occupany tenancles Succession to non-occupany tenancies. OHAPTER VI IMPROVEMENTS AND COMPENSATION Improvements by landlords Improvements by landlords on tenancies of occupancy tenants,1887 : Act XVI] Tenancy 213 ‘SECTIONS 62. 65. 67. 3 n. 2B. 4. 5. 16. B. Improvements by tenants Enhancement of rent in consideration of an improvement made.by 3 landlord on the tenancy of an occupancy tenant.” * Title of occupancy tenant to make improvements. Title of tenants not having right of ocoupancy to make improvements. Improvements made before commencement of this Act. Improvements begun in anticipation of ejectment. Tender of lease for twenty years to tenant to be a bar to right to com- pensation, Liability to pay compensation for improvements to tenants on ejectment or on enhancement of his rent. - Compensation for disturbance of clearing tenants | Compensation for disturbance of clearing tenants. Procedure in determining compensation Determination of compensation by Revenue Courts. Determination of compensation by Revenue Officers. “Matters to be regarded in assessment of compensation for improvements, Form of compensation, . Relief in case of ejectment before determination Relief in case of ejectment before determination of compensation. CHAPTER VL JURISDICTION, AND PROCEDURE Jurisdiction Revenue Officers. Applications and proceedings cognizable by Revenue-officers. Revenue Gourts and suits cognizable, by them. serene. s where revenue matter is raised in Civil Oourt, Administrative control Superintendence and control of Revenue Officers and Revenue Courts. Power to distribute business and withdraw and transfer cases.214 101. 102, Tenancy {1887 : Act XVE Appeal, Review and Revision Appeals. . Limitation for appeals. Review by Revenue Officers. }. Computation of periods limited for appeals and applications for review. Power to call for, examine and revise proceedings of Revenue Officers and Revenue Courts. Procedure of Revenue Officers. 3: Persons by whom appearances may be made before Revenue Officers as such and not as Revenue Courts. Costs, . Procedure of Revenue Courts, Power of Revenue Officer or Revenue Court to summon persons, . Mode of service of summons. ‘Mode of service of notice, order or proclamation or copy thereof. . Additional mode of publishing proclamation. |. Joinder of tenants as parties to proceedings relating to rent, Exception of suits under this Act from operation of ‘certain enactments, Payment into Court of moncy admitted fo be due to a third person. Execution of decrees for arrears of rent. Prohibition of imprisonment of tenants in execution of decrees for arrears of rent. Power to refer party to Civil Court. Power to refer to High Court questions as to jurisdiction. Power of High Court to validate Proceedings held under mistake as to Miscellaneous Place of sitting, Holidays.1887 : Act XVI) Tenancy 25 ‘Sactions 103, 104. 105. 106. 107. 108, 109. ' 110. un. 112, i 113. f 4, 4A. 114.8. 15. 116, Discharge of duties of Collector dying or being disabled. Retention of powers by Revenue Officers on transfer. Conferment of powers of Revenue Officer or Revenue Court. Power of Board of Revenue to make rules. Rules to be made after previous publication. Powers exerciseable by Board of Revenue from time to time. CHAPTER VIII Eefacr OF THIS ACT ON RECORDS-oF-RIGHTS AND AGREEMENTS Nullity of certain entries in records-of-rights. Nullity of certain agreements contrary to the Act. Saving of other agreements when in writing. Effect of certain entries made in records-of-rights before November, 1871. Nothing but rent or seed supplied recoverable. Extinction of occupancy tenancies. Extinction of Mugarraridari rights. Removal of doubts. Limits of holding for personal cultivation. Offences. THE SHEDULE (Repealed)217 ‘THE PUNJAB TENANCY ACT, 1887 (Act XVI of 1887) [23rd September, 1887} An Act to amend the law relating to the tenancy of land in the Pupjab. ‘Waneas it is expedient to amend the law relating to the tenancy ofland in the Punjab ; Tis herebyenacted as follows :— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Punjab Tenancy Act, 1887, 4(2) Itextends to the whole of the Punjab] ; and 3) Itshall@ome into force on such day as the 4fPro- vincial Government), by notification, appoint in this behalf. 2. [Power to make rules in anticipation of commence ‘ment.| Rep. by the Repealing and Amending Act, 1891 (KIL of 1891}, s, 2(1). 3 [Repeal] Rep. by the Repealing and Amending Act, 1891 (XII of 1891). 4. In this Act, unless there is something repugnant in the subject or context — (1) “Land” means land which is not occupied as the site ‘of any building in a town or village and is occupied or has been et for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes the sites of buildings and other structures on such land : 3{(1~A) “Government” shall, unless the context other- wise provides, mean the Provincial Government: ] @ “pay”, with its grammatical variations and cognate expressions, includes, when used with reference to rent, “deliver” and “render”, with their grammatical variations and cognate expressions : 2, Subs. by A.O., 1937, for “Local Government”. 3. Add. by W.P. Act XVI of 1957. Title, extent and com28 Tenancy [1887: Act XVI (3) “rent” means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him; 1[but it shall not include any cess, village cess or other contribution or due or any free personal service |: (4) “arrear of rent means rent which remains unpaid after the date on which it becomes payable : (5) “tenant” means a person who holds land under another person, and is or but fora spzcial contract would be, liable to pay rent for that land to that other person : but it does not include— (0) an inferior land-owner, or © a mortgagee of the rights of a land-owner, or (© a person to whom a holding has been transferred, or an estate or holding has been let in farm, under the 2Punjab Land Revenue Act, 1887, for the re~ covery of an arrear of land revenue or of a sum recoverable as such an arrear, Or (@) a person who takes from the {Government] a lease of unoccupied land for the purpose of sub-letting it: (6 “landlord” means a person under whom a tenant holds land, and to whom the tenant is or but for a special con- tract would be, liable to pay rent for that land = (Z) “tenant” and “landlord” include the predecessors and successors-in-interest of a tenant and landlord, respectively = (8) “tenancy” means a parcel of land held by a tenantof a landlord under one lease or one set of conditions : (9) “estate”, “‘land-owner” and “holding” have the meanings respectively assigned to those words in the Punjab Land Revenue Act, 1887 : 1, Add. by Pb Act XVII of 1950, 2. Since rep. by Pb Land Revenue Act, 1967, 3. Subs. by W.P.A.O., 1964, for “Crown”.1887 : Act XVI] Tenancy 219 (10) “land revenue” means land revenue assessed under any law for the time being in force or assessable under the 4Punjab Land Revenue Act, 1887, and includes— (@ any rate imposed in respect ofthe increased value of fand due to irrigation ; and @® any sum payable in respect of land, by way of quit- rent or of commutation for service, to the {Gov- ernment] or to a person to whom the 3{Govern- ment] has assigned the right to receive the payment : (11) “rates and cesses” means rates and cesses which are primarily payable by land-owners, and includes— @x{* * * * *y ©) the local rate, if any, payable under the 4Punjab District Boards Act, 1883, and any, fee leviable under section 33 of that Act from land-owners for the use of, or benefits derived from such works as are referred to in section 20, clauses (#) and (/) of that Act ; (©) anyannual rate chargeable ono wnersof lands under section 59 of the SNorthern India Canal and Drain- age Act, 1873 ; @) the zaildari and village officers’ cesses; and (© sums payable on account of village expenses : 12) ‘‘village cess” means any cess, contribution or due whichis customarily leviable, from land-owners and non-land- owners alike, within an estate for the common purposes of the inhabitants thereof, and is neither 2 payment for the use of any private property or for personal service, nor imposed by or under any enactment for the time being in force, and does not mean any cess, contribution or due leviable, for the benefit of any individual residents or class of residents in the estate, or in relation to any property which is not meant for the com- mon use of all the residents: ‘Since rep. by the Pb. Land Revenue Act, 1967 Subs. by W.P.A.O., 1964, for “Crown”, Del by Act XI of 1891. Since rep. by the Basic Democracies Order, 1959. ‘Now the Canal and Drainage Act, 1873. ‘Subs, by Pb Act XVII of 1950. eyeeye220 Tenancy + (1887 : Act Xvr Explanation—If any question arises whether any cess, contribution or due is or is not « village cess, the decision of the YBoard of Revenue] shall be conclusive and shall not be liable to be questioned in any Court:] (13) “Village Officer” means a chief headman, headman or Patwari : (14) “Revenue Officer” or “Revenue Court”, in any pro- vision of this Act, means a Revenue Officer or Revenue Court ‘having authority under this Act to discharge the functions of a Revenue Officer or Revenue Court, as the case may be, under that provision ; . (15) “Jagirdar” includes any person, other than a village servant, to whom the land revenue of any land has been assigned in whole or in part %by the Government] or by 3[a servant of the State] : (16) “legal practitioner” means any legal practitioner with- in the meaning of the Legal Practitioners Act, 1879, except a mukhtar : (17) “agricultural year” means the year commencing on the sixteenth day of June, or on such other date as the {Pro- vincial Government] may, by notification, appoint for any local area : (18) “notification” means a notification published by authority of the 4[Provincial Government] or {the Board of Revenue] in the Official Gazette : (19) “improvement” means with reference to a tenancy, any work which is suitable to the tenancy and consistent with the conditions on which it is held, by which the value of the tenancy has been and continues to be increased, and which, if not executed on the tenancy, is either executed directly for its benefit, or is, after execution made directly beneficial to it; Explanation I—It includes, among other things— (a) the construction of wells and other works for the ‘storage or supply of water for agricultural purposes; |. Subs., for “Provincial Government”, by W.P. Act XVI of 1957. ‘Subs., for the words “by the Crown”, by W.P.A.O., 1964, Subs. ibid., for the words “‘an officer of the Crown. ‘Subs. by A.O., 1937, for “Local Government.” . Ina. by W.P, Act XVI of 1957. peers1887? Act XVI] Tenancy 221 (the construction of works for drainage and for pro- tection against floods ; (6) the planting of trees, the reclaiming, enclosing, level- ling and terracing of land for agricultural purposes and other works of a like nature ; (d) the erection of buildings required for the more con- venient or profitable cultivation of a tenancy ; and (©) the renewal or reconstruction of any of the foregoing works, or such alterations therein, or additions thereto, as are not of the nature of mere repairs and as durably increase their value ; But it docs not include such clearances, embankments, levellings, enclosures, temporary wells and water channels as are made by tenants in the ordinary course of cultivation and without any special expenditure, or any other benefit accruing to land from the ordinary operations of husbandry; Explanation JI—A work which benefits several tenancies may be deemed to be, with respect to each of them, an im- provement; Explanation III—A work executed by a tenant is not an improvement if it substantially diminishes the value of any other part of his landlord’s property; and 1{(20) “"Mugarraridar” means any person who holds land in 4 the Attock and Rawalpindi Districts] and who, on the: date of the commencement of the Punjab Tenancy (Amendment) Act, 1952, was recorded in the revenue records as smugarrari- ‘dar in respect of such land or who, after the said date, was 50: recorded with his consent and the consent of the proprietor of such land and includes the successors-in-interest ofa mugar~ raridar. CHAPTER IT Riaur oF Oocurancy 5. Q) A tenant— (@) whoatthe commencement of this Act has, for more than two generations in the male line of descent through a grandfather or granduncle and for a “Add. by Pb Act XI of 1925. from 1 2. Subs. by Pb Act XXXVI of 1975. The amendment was made ‘effective from 2nd December, 1974. Tenants having right ‘of occupancy.222 Tenancy (1887 : Act XVI period of not jess than twenty years, been occupying Jand paying no rent therefor beyond the amount of the land revenue thereof and the rates and cesses for the time being chargeable thereon, or @) who having owned land, and having ceased to be land-owner thereof otherwise than by forfeiture to the Government or than by any voluntary act, hhas, since he ceased to be land-owner, continuously ‘occupied the and, or © who, in a village or estate in which he settled along with, or was settled by, the founder thereof as a cultivator therein, occupied land on the twenty- first day of October, 1868, and bas continuously occupied the land since that date, or (@) who, being jagirdar of the estate or any part of the estate in which the land occupied by him is situate, has continuously occupied the land for not less than twenty years, or having been such jagirdar, occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years, has a right of occupancy in the land so occupied, unless, in the case of a tenant belonging to the class specified in clause (©), the landlord proves that the tenant was settled on land Previously cleared and brought under cultivation by, or at the expense of, the founder. @) Ifa tenant proves that he has continuously occupied. land for thirty years and paid no rent therefor beyond the amount of the land revenue thereof and the rates and cesses for the time being chargeable thercon, it may be presumed that he has fulfilled the conditions of clause (a) of sub- section (1). @) The words in that clause denoting natural relationship denote also relationship by adoption, including therein the customary appointment of an heir and relationship, by the usage of a religious community. Right of oo- 6. A tenant recorded in a record-of-rights sanctioned by cupancy of other tenants the 1[Provincial Government], before the twenty-first day of 1, Subs, by A.O,, 1937, for “Local Government”.mm Tenancy [1887 : Act XVI CHAPTER III Rent Rents generally Respective 12, (1) The rent for the time being payable in respect Extra of a tenancy shall be the first charge on the produce thereof. ‘and tenant to . @) A tenant shall be entitled to tend, cut and harvest the Produce of his tenancy in due course of husbandry without any interference on the part of his landlord. @) Except where reat is taken by division of the produce, the tenant shall be entitled to the exclusive Possession of the ‘Produce. @ Where rent is taken by division of the produce : @) the tenant shall be entitled to the exclusive Possession of the whole produce until it is divided 3 ®) the landlord shall be entitled to be Present-at, and take part in, the division of the produce ; and (© when the produce has been divided, the landlord shall be entitled to the possession of his share thereof. ‘Commeta- 43. (1) Where rent is taken by any of the following tion and methods, namely : @ by division or appraisement of the produce, (6) by rates fixed with reference to the nature of the crops grown, © bya rate on a recognised measure of area, @) bya rent in gross on the tenancy, or © partly by one of the methods specified in clauses @), (6) and (c) of this sub-section and partly by another or others of them, -00e.of those methods shall not be commuted in whole or in _Part into another without the consent of both landlord and tenant. (2) In the absence of a contract or a decree or order of competent authority to the contrary, a tenant whose rent is taken by any of the methods specified in clauses (a), (6) and‘3887 : Act XVI} Tenancy 225 (©) of sub-section (1), or by the methods specified in clause (4) of that sub-section, shall not be liable to. pay for a tenancy rentat any higher amount, as the ease may be, than the rate or amount payable in respect of the tenancy for the preceding agrieuitural year. 14. Any person in. possession of land occupied without ‘the consent of the landlord shall be liable to pay for the use ‘or occupation of that land at the rate of rent payable in the preceding agricultural year, or, if rent was not payable in that year, at such rate as the Court may determine to be fair and ‘equitable, 5 15. When two or more persons are landlords of a tenant in respect of the same tenancy, the tenant shall not be bound to pay part of the rent of his tenancy to one of those persons and part to another, 3[15-A, Subject to the provisions of paragraph 25 of the Land Reforms Regulation 115, the landlord and the tenant shall share the produce in the same ratio in which they used to share it on the 20th day of December, 1971. Produce rent 16. Where"rent is taken by division or appraisement of the produce, if the tenant removes any portion of the produce atsucha time orin sucha manner as to prevent the due division ‘or appraisement thereof, or deals therewith in a manner con- trary to established usage, the produce may be deemed to have been as the fullest crop of the same description on similar land in the neighbourhood for that harvest. 17. If either the landlord or the tenant neglects to attend, either. personally, or by agent, at the proper time for making the division or appraisement of the produce, or if there is a dispute about the division or appraisement, @ revenue cfficer may, on the application of either party, appoint such person ‘as he thinks fit to be a referee to divide or appraise the pro- duce, “48. (0) When a Revenue Officer appoints referee under the last foregoing section, he may, in his discretion, give him instructions with respect to the association with himself of any of 1975. Pia ape wg oe fore division or apprase Seat ‘Appoi of referee for division or appraise ment, ‘Appointwent and dureof referee. 1. Add, by Pb Act VI of 1952 and Jater subs. by Pb Act XXXVIIY226 Tenancy [9887 > Act XVE other persons as assessors, the number, qualifications ‘and selection of those assessors and the procedure to be followed in making the division or appraitement, (2) The referee so appointed shall make the division or appraisement in accordance with any instructions which he may have received from the Revenue Officer under the last foregoing sub-section. (3) Before making the division or appraisement, the referee shall give notice to the landlord and the tenant of the time and place at which the division or appraisement will be made, but if either the landlord or the tenant fails to attend either per- sonally or by agent, the referee may proceed ex parte. (4) For the purpose of making the division or appraise~ ment, the referee, with his assessors, if any, may enter upon any land on which or into any building in which the pro- duce is. Procedore 19. (1) The result of the division or appraisement shall afer divsion he recorded and signed by the referee, and the record shall ment be submitted to the Revenue Officer. (2) The Revenue Offizer shall consider the record, and, after such further inquiry, if any, as he may deem necessary, shall make an order either confirming or varying the division ‘or appraisement. * (@) The Revenue Officer shall also make such order as to the costs of the reference as he thinks fit. (A) The costs may include the remuneration of the referee and of the assessors, if any, and may be levied from the appli- cant before the appointment of the referee subject to adjustment at the close of the proceedings. Enhancemeat 20, Where therentofatenant having aright of occupancy ‘of produce in any land is a share of the produce, or of the appraised value occupancy thereof, with or without an addition in money, or is paid ‘tenant. "according. to rates fixed with reference to the nature of the ‘crops grown, or is a rent in gross payable in kind, the tenant shall be entitled to occupy the land at that rent.: Provided that, when the land or any part thereof previously not irrigated or flooded becomes irrigated or flooded, the rent1887 : Act XVI) Tenancy 227 in respect of the land or part may, subject to the provisionsof this Act, be enhanced to the share or rates, or with reference to the rent in gross,as the case may be, paid by tenants, hav- ing a similar right of occupancy, for irrigated or flooded land of a similar description and with similar advantages. 21, When the land, or any part of the land, held by a tenant having a right of occupancy to whom the last foregoing section applies ceases to be irrigated or flooded, the rent pay- able in respect of the land or part may be reduced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for unirrigated or unflooded land of similar description and with similar advantages. Cash-rents paid by tenants having rights of occupancy 22. (1) Where a tenant havir.g aright of occupancy pays his rent entirely by a cash rate on a recognized measure of area or by a cash rent in gross on his tenancy, the rent may be en- hanced on the ground that after deduction therefrom of the land revenue of, and the rates and cesses chargeable on the tenancy, it is— @ if the tenant belongs to the class specified in clause (@ of sub-section (1) of section 5, less than two annas per rupec of the amount of the land revenue; (©) if he betongs to any of the classes specified in clauses @), (©) and (d) of that sub-section, less than six annas per rupee of the amount of the land revenue ; (©) if he belongs to the class specified in section 6, or if his right of occupancy is established under section 8 and his rent is not regulated by contract, less than twelve annas per rupee of the amount of the land revenue. 2) In a case to which sub-section (1) applies, the rent may be enhanced to an amount not exceeding two, six or twelve annas per rupee of the amount of the Ind revenue, as the case may be, in addition to the amount of the land revenue of the tenancy and the rates and cesses chargeable thereon. 3) For the purposes of this section, a muqarraridar shall be deemed to be a tenant of the class specified in clause @ of sub-section (1) of section 5.] 4. Add. by Pb Act Xi of 1sReduction of rent referred foin the last foregoing ment reduction of rent by suit. Disoret ‘to extent as of 28 Tenaney [1887 = Act XVI. 23. ‘The rent payable by a tenant to whom the last fore going section applies may be reduted on the ground that the productive powers of his tenancy have been decreased by a cause beyond his contro}. General provisions relating to sults for enhancement or reduction of rent 24, (1) A Revenue Court, on the suit of either landlord or tenant, may, subject to the provisions of this and other sections of this Act, enhance or reduce the rent of any tenant having a right of occupancy. (2) Where a decree for the enhancement of the rent of such a tenant has been passed under the Punjab Tenancy Act, 1868, a suit for a further enhancement of his rent shall- not lie till the expiration of five years from the date of the decree, ‘unless in the meantints the local area in which the land com prised in the decree is situate has been generally reassessed and the revenue payable in respect of that land has been in- creased: (3) Subject to the provisions of sub-section (2), suit in- stituted for the enhancement of the rent of a tenant having a right of occupancy shall not be entertained’ in either of the following cases, namely :— (@ if within the ten years next preceding its institution his rent has been commuted under section 13 0r en- hanced under this section -; () if within that period a decree has been passed under this Act dismissing on the merits a suit for the en- hancement of his rent ; . unless the land or some part of the land. comprised in his tenancy, not having been irrigated, or flooded at the time of such commutation, enhancement or decree, has become irrigated or flooded. 44(4) For the purposes of this section a muqarraridar shall be deemed to be a tenant having a right of occupancy.] 25, In enhancing or reducing the rent of any land, under the foregoing provisions of this Chapter, the Court shall, Gr reduction. within the limits prescribed by those provisions, enhance or esse 1. Add, by Pb Act XI of 1925.1687 : Act VE] Tenancy ny. reduce the rent to stich an amount as it considers fair and equitable, but shall notin anycasefixtherentatasumi less than the amount of the and revenue of the land and, the rates and ‘cesses chargeable thereon. 26.. (1) Unless the Qouirt decreeing an enhancement of rent otherwise directs, the enhancement shall take effect from: the commencement of the agricultural year next following the date of the decree. (2) A Court decreeing a reduction of rent shall specify im’ the decree the date on and from which the reduction is to take effect: Adjustment of rents expressed in terms of the land-revenue. 27. (1) Where the rent of a tenancy is the whole or a share. of the land revenue thereof, with or without an addition in mobey, kind or éervice and the land revenue of the holding in which the tenancy is situate is altered, a Reveriue Officer having authority under section 56 of the 3Punjab Land Re- venue Act, 1887, to determine the land revenue payable in res- pect of the several holdings comprised nthe estate in which the tenancy is situate shall determine also the amount of the land revenue of the tenancy, or the proportionate share thereof, payable by the tenant aé rent. (2) Where an addition referred to in ‘sub-section'(1) is a ‘percentage fixed with reference to the fand revenue of the tenancy, or the whole or ashare of the rates and cesses charge- able thereon,-or both, the Revenue Officer shail in like manner fromtime to time alter the amount of the additionin proportion to any alteration of such land revenue or rates and cesses. (3) The suim’br sums determined under the foregoing sub- sections, together with afiy addition previously payable other than the additions referred to in sub-section (2), shall be the rent payable in respect of the tenancy until there is again an alteration of the land revenue thereof or of the rates and cesses chargeable thereon or until the rent is enhanced by asuit under © @) An alteration of reit under this section shall not be deemed an enhancement or reduction of rent within the mean- ing of this Act. ing ofthis Act T,_ Since rep. by the Pb. Land Revenue Act, 1967. ‘Time for ‘enhancement ‘or reduction totake effect. ‘Adjustment ofa ec pressed in {erm of the Jand revene,230 Tenancy [1887 : Act Xvr 4) For the purposes of this section a mugarraridar shall ‘be deemed to be a tenant having a right of occupancy). Adjustment of rents paid by occupancy tenants in Attock District, ‘Adjostmean 21-A. (1) Where a tenant having a right of occupancy Gyocme' in land in the Attock District pays wholly or partly in cash fz, uzun rent not falling within the scope of section 27 and the land BES revenue of the holding in which the tenancy is. situate is altered— a Revenue Officer having authority under section 56 Of the Punjab Land Revenue Act, 1887, to determine the land revenue payable in respect of the several holdings comprised in the estate in which the tenancy is situate may, by written order, and whether the rent was fixed by agreement or otherwise; and either upon the application of such tenant, or his landiord, or of his own motion increase or diminish such rent if wholly payable in cash, or such portion thereof as. is payable in cash, to such extent as appears to the Revenue Officer to be proper having regard to the matters specified in sub-section (2). ©) In increasing or diminishing the rent of a tenancy under the provisions of sub-section (1) the Revenue Officer shall, for the purpose of deciding the extent of such increase or diminution, take into consideration only— © the land revenne of, and the rates and cesses charge- able on, the tenancy before the land revenue of the holding in which it is situated was altered ; (Gi) the land revenue of, and the rates and cesses charge~ able on, the tenancy after such alteration ; and (i) the methods by which the assessments of the land revenue in force before and after such alteration were calculated and distributed over the several holdings comprised in the estate in which the tenancy is situated. ) The rent determined as aforesaid shall be the rent payable in respect of the tenancy until there is again an alterae tion of the land revenue thereof or of the rates or cesses charge~ able thereon, or until the rent is enhanced or reduced by a suit under this Act. 1, Ins. by Pb Act XI of 1925, 2 Since rep. by the Pb Land Revenue Act, 1967.1887: Act XVI) Tenancy 24 () For the purposes of this section a mugarraridar shall ‘be deemed to be a tenant having a right of occupancy, (5) An alteration of rent under this section shall not be deemed as an enhancement or reduction of rent within the meaning of this Act.] “ Allteration of rent on alteration of area 28. (1) Every tenant shall— (@ be linble to pay additional rent for all landproved to be in excess of the area for which rent has been previously paid by him, unless it is proved that the excess is due to the addition to his tenancy of land which, having previously belonged to the tenancy, was lost by diluvion or otherwise without any reduction of the rent being made ; and ©) be entitled to an abatement of rent in respect of any deficiency proved to exist in the area of his tenancy as compared with the area for which rent has been previously paid by him, unless it is proved that the. deficiency is due to the loss of land which was added to the area of the tenancy by alluvion or. other- wise, and that an addition has not becn made to the rent in respect of the addition to the area, (2) In determining the area for which rent has been pre~ viously_paid, the Court shall have regard to the following, among other matters, namel (a) the origin and conditions of the tenant's occupancy, for instance whether the rent was a rent in gross or the entire tenancy ; (®) whither the tenant has been allowed to hold addi- tional land in consideration of an addition to his total rent or otherwise with the knowledge and con= sent of the landlord ; and (©) the length of time during whieh there has been no: dispute as to rent or area. @) In adding to oF abating rent under this section, the ‘Court shall add to or abate the rent to such an amount as it. deems to be fair and equitable, and shall specify in its decree the effect. on and from which the addition or abatement is to take ~232 Tenancy [1887 : Act XVE (4) An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act. Remission 29, Notwithstanding anything in the foregoing sections of this Chapter, ifit appears toa Court making adecree for an arrear of rent that the area of a tenancy has been so diminished by diluvion or otherwise, or that the produce thereof has been 0 diminished by drought, hail, deposit of sand or other like calamity, that the fall amount of rent payable by the tenant catinot be equitably decreed, the Court may, with the previous sanction of the Collector, allow such remission from the rent payable by the tenant as may appear to it to be just. 30. 1{(1) Whenever the payment of the whole or any part of the land revenue payable in respect of any land is re~ mitted ‘or suspended, a Revenue Officer may, if the-rent be payable in cash or be rent payable in kind of which the amount is fixed, by order, remit or suspend, as the case may be, the paymént of the rent of that land to.an amount which may bear the same proportion to the whole of the rent payable in res- pect of the land as the fand revenue of which payment has been remitted or suspended bears to the whole land revenue payable in respect of land : Provided that in the case of an occupancy tenant; whose rent is of the nature hereinbefore in this sub-section described, the remission or suspension of the land revenue payable in respect of the land shall, in. the absence of a written order by a Revenue Offiger to the contrary carry with it a proportionate ‘remission or suspension, as the case may be, of his rent. ‘When the payment of the rent of any kind has been. suspen ded under this clause it shall remain under suspension until the Collector orders the revenue of that land to be realized.} (2) An order passed under sub-section (1) shall not be liable to, be contested: by suit in any Court. (3) A suit shall not lie for the recovery of any rent of which the payment has been remitted or during. the period of sus- pension, of any rent of which the payment has been suspended oe 1. Subs. by Pb Act I of 1906.1887 : Act XVI] Tenancy" BE (4) Where the payment of rent has been’ suspended, the period during which the suspension has continued shall be excluded in the computation of the period-of limitation pres- ccribed for a suit for the recovery of the rent. 44(5) If the landlord collects from a tenant any rent of ‘which the payment has been remitted, or is under suspension, the IReveniite Officer may recover from the landlord the amount or vafue Of the rent so collected, and may also recover by way of penalty a farther sum not exceeding such amount or value, and. may cause to be refunded to the tenant the amount or value of the rent so collected from him.] (© The provisions of this section relating to the remission and'suspension of the payment of rent may be applied, so far as they can be made applicable, to land of which the land re~ ‘venue has been released, compounded for or redeemed in any case in which if the land revenue in respect of the land had not been released, compounded for, or redeemed, the whole or any part of it'might, in the opinion of the Revenue Officer, be re- mitted or suspended under the rules for the time being in force for regulating the remission and suspension of land’ revenue. ‘4{(7) Any sum of which the recovery is ordered under sub- ‘section (5) on account of rent or penalty may be recovered by the Collector as if it were an arrear of Jand revenue.) Deposits 31. In either of the following cases, namely :— @ when 2 landlord refuses'to receive or grant a receipt for, any rent payable in money when tendered to him by a tenant ; “@) When a tenant is in doubt as to the person entitled to receive rent payable in money, the tenant may apply to 2 Revenue Officer for leave-to deposit the rent in his office, and the Revenue Officer shall receive the deposit, if, after examining the applicant, he is satisfied that there is sufficient ground for the application and if ‘the ‘applicant pays the fee, if any, chargeable for the issue of the'notice next hereinafter referred to. 1. Subs. by Act I of 1906, 2 Add. ibid, aEffect of reat. He Ba Tenency [1887 : Act K¥E 32, (1) When a deposit has been so received ityshall be deemed,to be a payment made by the tenant to his landlord in respect of rent due. 5 (2) The Revenue Officer receiving the deposit shall give notice of the receipt thereof to every persgn who, hehas reason to believe, claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to him to be entitled thereto, or may, if he thinks fit, retain the deposit pending the decision of a competent Court as,to the person so entitled, —.., 3) No suit or other proceeding shall be instituted against the {Government}, or against any servant of the State], in res- ect of anything done by a Revenue Officer under this. section, but nothing in this sub-section shall prevent any person. entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by a Revenue Officer. Recovery of rent from attached produce 33. (1) If an order is made by any Gourt for ‘the attache ment of the produce of a tenancy, or of any part of a tenancy, the landlord may apply to the Revenue Officer by whom the attachment is to be or has been made to sell the produce and pay to himout of the proceeds of the sale thereof the amount or value of— (a) any rent which has fallen due to him in respect of the tenancy within the year immediately preceding the application, and () the rent which will be falling due after the harvesting + Of the produce and is chargeable against it. (2) The Revenue Oificer shall give the person at whose instance the attachment was made an opportunity of showing ‘cause why the application of the landlord should not be granted, and, if he finds the Jandiord’s claim. to the whole or any part of the rent to be proved, he shall cause the produce or such Portion thereof as he may deem. necessary to be sold, and shalt apply the proceeds of the sale in the firstinstance to satisfy the claim. . (G) The finding of the Revenue Officer under sub-section (2) shall have the force of a decree in a suit between the. land- _ lord and the ten: _. 1. Subs. by W.P.A.O. 1964, for “Crown. 2. Subs. ibid, for “any officer of the Crown.”1887: Ket XVI} Tenancy 25 Léaiés for period exceeding term of assessment of Iand révenue (34, (1) Wherea lease has been granted, or an agreement thas been entered into, by a laind-owner in respect of any land assessed to land reventue fixing for a “period exceeding the term for which the land revenue has been assessed, the rent or other stim payable in respect of theland under the lease or agreement, and that term has expired, the lease or agréement shail be voldable— \.” @ atthe option of the tand-owner if the land revenue of the land has.been enhanced and the person to whom the lease has been granted or with whom the agreement has been entered into refuses to pay such rent or other sum, as a Revenue Court, om the stit of the land-owner determines to be fair and equitable Yor a’Revenue Officer under the provisions of section 27-A has determined to be “posi Pooper] ;.and : where the relation of landlord. and tenant exists between the grantor and grantee of the lease or between the persons who ‘entered into the agreement" (®) at the option of the tenant if the land revenue of. the Iand has been redced and the landlord refuses to accept such rent as'a Reverue Court, on the suit ff the tenant, detérmines to be fair and equitable Yor a Revenue Officer under the provisions of section 27-A has determined to be proper.] (2) Any agreement relative to the occupation, rent, profits or produce of any land which has been entered into forthe term of the currency of an assessment shall, unless a contrary in- tention clearly appears in the agreement or the agreement is terminated by. consent of parties or course of law, continue in force until a revised assessment takes effect. CHAPTER IV RELINQUISHMENT, ABANDONMENT AND EVECTMENT . Relinguishment 35, -iA tenant holding for a fixed term under 2 contract, ‘or a dectee or order of competent authority may relinquish his tenancy without notice at the end of that term. —_— Ins. by Po Act Xt of 194 ‘Treatment of Jeases for period excee Sing oc equal to term. assessment of land revenue. Relinguishe rmeot By tenant for'3 fixed term.Retngut: ent other tenant, 6 Tenancy (1887: Act EVE, 36.. (1) Aay other tenant may relinquish his tenancy by giving verbally or in writing to his landlord, or to his Tandlord’s agzat, om or before the fifteenth day of January ih any year, notiée of his intention to relinquish the tenancy at:the end of ‘the agricultural year then current. ; « Q) The tenant may, instead of or in addition to, giving the ice in the manner mentioned in sub-section (1), apply to a nue Oder on or before the date aforesaid to cause. the, notice to be served on the landlord and the Revenue Officer on recsiving ths cost of service from the tenant, sHiall cause the notice to be served as soon as may be. 8) If the tenant does not give notice in the manner pres- cribed in this section, he shall be liable to pay the rent of his tenancy for any part of the ensuing agricultural year during which the tenaney is not let by the landlord to some other Person or is not cultivated by the landlord, himself. 37. A tenant cannot, without the colisent of tits landlord, relinquish & part only:of his tenancy. Abandonment 38. (1) If a tenant having a right of ocoupancy fails for more than one year without sufficient cause to.cultivate his tenancy, either by himself or some other person, and to arrange for payment of the rent thereof as t falls due, the right of ooca- pancy shall be extinguished from the end of that year. ¥{(2) For the purposes of this section, a muqarraridar shall be deemed: to-be a. tenant having a right of oeoupancy.} Liability to efectment 39. (1) A tenant having’a right of occupaticy’ stat ‘be liable to be ejected from his tenancy on any of the following grounds, namely @ thathe has used the laad comprised in the tenancy in ‘manner which rendersit unfit for the purposes for which he held it ; (6) where rent is payable in kind, that he has without sufficient cause failed to cultivate that in the ntanner or to the extent customary in the locality-in which the land is situate ; 1. Add. by Pb Act XI of 1925. : :18ST 2 ket XA Teiincy 297: (c) when 2 decres for an arrear of rent in respect of. his tenasicy “has been passed against him'and remains unsatisfied. 4@)F «the purposes of this setion 2 muqarraridas. shall “be deemed to be tenant having a right of occupancy.| © Qo A tenait aot having a tight of occupancy but ‘holding for’ fixed term under a contract or a decree or order of ‘coni- peter authority, shalf be Hable to be ejected from his tenancy cat the expiration of that term, antl, on any'of the following ‘grounds, before the expiration thereof, namely :— (@ ‘that he has used the land coniprised inthe tenancy ina manner which renders it unfit for the purposes for which he held it ; ” (®) where rent is payable in kind, that he has without _” gudlicient, cause failed to cultivate that larid.in the - dr to the extent customary im the locality in which the land is situate; (© onany ground which would justify ‘cjoctment utider the contract, decree or order. 41. Atenatit’ who has nota right of occupancy, and-does not hold fora fixed term under a contract or adecres,or. order -of competent authority, may be ejected at the end of any agri- cultural year. we . “Procblure on ejectment 42. A teoamt shall not be cjected otherwise than in execution of a decree for ejectment; except in the‘following ceases, namely, -— (@) when a decree for an arrear of rent in respect of his tenancy has been passed against him aod remains: unsatisfied ; (B) when the tenant has not a right of Occupancy and or aoes not hold for 2 fixed term under a contract or decree or order ‘of competent authority. 43, ‘Ini any such.case as is mentioned in clause (@) or ‘clause (b) of the last foregoing section, the landlord may apply to a Revenue Officer for the ejectment. of the tenant in the case 1. Add. by Pb. Act XI of 1925. Application ‘te Revenue for qjectment.earn tenant rane 238 Tenancy [1887 2 Act XVE: mezitioned in the former clause or for the service on the tenant of anotice of ejectmentin the case mentioned in the latter clause. 4. (1) On receiving the application in any such case as is mentioned in clause (a) of section 42, the Revéniie’ Officer shall, after such inquiry with respect to the existence of the arrear.as he deems necessary, cause a notice tp be served on the tenant, stating the date of the decree and the amount due thereunder, and informing him that if he does aot pay that amount to the Revenue Officer within fifteen days from receipt of the notice he will be ejected from the land. @) If the amount is not so paid the Revenue Officer shall, ‘subject to the provisions of this Act with respect to the payment ‘of compensation, order the ejectment of the tenant unless good cause is shown to the contrary. 45. (1) On receiving the application’ of the landlord in any such case as is mentioned in clause (8) of section 42, the Revenue Officer shall, if the application is in order and not ‘open to objection on the face of it, cause a notice of ejectment to be served on the tenant. : @)A notice under sub-section (1) shall not be served after the fifteenth day of November in any agricultural] year. @) Tiie notice shall specify the name of the landlord of whose application it is issued, and describe the land to which it relates, and shall inform the tenant that he must vacate the land before the first day.of May next following, or that, if he intends to contest his liability to ejectment, he must institute # suit for this purpose in.a Revenue Court within two. months from the date of the service of the notice. () The notice shall also inform the tenant that if he does not intend to contest his liability to be ejected and be has any claim for compensation on ejectment, he should within two months from the date of the service of the notice prefer his ¢laim to the Revenue Officer having authority under the next following sub-section to order his ejectment in the circums- tances described in that sub-section. ®) If within two months from the date of the service of the notice the tenant does not institute a suit to contest his liability to be ejected, a Revenue Officer, on the application Sara ers LIne. by Act XII of 1891199 2 det XV: Tenaney ~~ 239; of the Jandiod, shall, subject to. the provisions’of this -Act with respect to the: payment ef compensation, order the ejectment of the tenant >» 2 - Provided that the Revenue | Officer shall not make the order until he is satisfied that the notice was duly served on the (© If within those two months the tenant institutes # suit to contest his liability to be ejected and fails in the sit, the Court by which the suit is ‘determined shall by its decree direct the bjectment of the tenazit. 46. The 3{Board of Revenue] may make rules pres- cribing— (@ the form and language of applications and notices under the two last foregoing sections ; and (©) tho manner in which those applications and notices 2. ¥, are torbe,signed and, attested. General provisions respecting efectment 47. A decree or order for the ejectment of a tenant shall ‘not be executed at any other time than between the firstday of ‘May and the fifteenth day of June (both days: inclusive), unless the Gourt making the decree or where the order is made‘ under section 44, the officer making the order, otherwise directs. 48. (1) Ifin’e suit for the: ejectment of a tenant on either of the grounds mentioned in clauses.(a) .and (6) of section 39 or of section 40.it appears to the Court that injury caused. by ‘the act or omission on which the suit is based. is, capable. of being remedied, or that an award of compensation will be suffi- cient satisfaction to the landlord therefor, the Court may, instead of making «decree for the ejcctmentof the tenant, order him to remedy the injury within period to be fixed in the order, or order him to pay into Court, within such a period, such compensation as the Court thinks fit. (2) The Court may from time to time, for special Feasons, ‘extend @ period fixed by it under sub-section (1): ” “” (@) If Within the period, or extended period, as the case may be, fixed by the Court under this section, the injury is re~ médied dr the compensation is paid, a decree forthe ejectment ofthe tenant shall not be madi T. Subs. by W. P, Act XVI of 1957, for “Financial Commissioner. E Hunat Retiet of or ejectment. 0 Tenancy [1887 Pave X¥1 49. (1) Where at the time of the’ proposell ejectinent 6f = tenant from any lantd, his uncut or unguithered crops-tire stand- ing on any part thereof, he shall not bé ejected from that part ‘until the crops have ripened and he has been allowed a reason- able time to harvest them. ° —._@) The Court or Revenue Officer decrecing or ordering the ‘eiectment of the tenant may, on the application of the landlord, determine any dispute arising in consequence of the provisions of sub-section (1) between the landlord and tenant or between the landlord and any person entitled to harvest the crops of the tenant, and may in its or his discretion— © direct that the tenant pays for the longer occupation: of the land secured to him under sub-section (1) such rent as may be fair and equitable, or @ determine the value of the tenant’s uncut and un- “+” gathered ‘crops,"and, on payment thereof by the landlord to the Court or Revenue Officer; forthwith fect, the tenant. : G) When a tenant for whose ejectment proceedings have been taken bas, conformably with local usage,. prepared for: sowing any land comprised in his tenancy, but has not sown or planted crops on that land, he shall be entitled to receive from the landlord before ejectment a fair equivalent in: money for the labour and capital expended by him in so preparing the land, and the Court or Revenue Officer before which or ‘whom the proceedings are pending shall, on the application oP the tenaiit, determine the sumi payable tothe tenant under this sub-section and stay his ejectment until that sum has been paid to him. Relief for wrongful dispossession 50. In either of the following cases, namely:— @ ifatenant has been dispossessed without his consent of his tenancy or any part thereof otherwise than in execution ofa decree or than in pursuance of an onder under section 44 or section 4S, * @) if tenant who, not having instituted a suit under section 45,has been ejected from his tenancy or any art thercof in pussuance af an order under that section denies his liability to be ejected,—_ 1887 3 Act XVI] ‘Tenancy mL thetennat may, within one year from the date of his dispos session or ejectment, institute a suit for: recovery of posses~ eon or occupancy, or for compensation or for both, 1450-A. No person whose ejectment bas been ordered Bar tocivil pyaRevenue Court under section45,snb-section (6)0F whose uit has been dismissed under section 50, may institute & suit Fe Civil Court to contest his Liability to ejectment, 0 to Teabver possession or occupancy rights, or {0 recover, Com: pensation.] ‘ ‘st. Possession of a tenancy or of any land comprised ip Bar of ‘a tenancy shall not be recoverable under section 9 of whe secon 2, Specific Relief Act, 1877, by-a tenant dispossessed thereof. Acttof Power to vary dates prescribed by this Chapter 52. (1) The Provincial Government) may, for all oF Bower of any of the territories under its: administration bynotification, Government fiz for the purposes of sections 36, 46 and 47, or of any of ‘to fix dates Sxfortections, any other dates instead of those spevified taco therein, {Q) A notification under this section shall not take effect tik ter the expiration of six months from the date of the publication thereof. CHAPTER V ALIENATION OF, AND “SUCCESSION TO, RIGHT OF OCCUPANCY Alienation {{82-A, ‘The provisions of this Chapter shall not apply to mugarraridars.] hig ‘53, (1) A tenant having right of occupancy under section Say transfer Ut ight by sle, eft mortgege, subject ro the ‘conditions mentioned in the section. @) If he intends to-transfer the right by sale, sift, mor gass by conditional sale or usufructunry mortenges be shalt eee otice ofhis intention to be served on his landlord Chrongha Revenue Offer, and shall defer procooding with the tenefer fora period of one month from the date on which the notice is served. na He Lins. by Po Act V of 1929. 2 Subs. for “Local Governmeat”, by A... 1937. ‘3. Ins. by Po Act XI 1925.242 Tenancy (1887: Act XVE ’ @} Within that period of one montli the landlord” may. claim to purchase the right at such value as.aRevenue Officer may, on application made to him-in this behalf, fix, (4) "When the application to the Revenue Ofices is to fix the value of a right of oevupancy which s already mortgaged, he shall fix the value of thetight ‘as if it Were'mot mortgaged: (5) The.landlord shail be deemed to have urchased.the right if he pays the value to the Revenue Officer within such, time as that officer appoints, (6) On the value being.so paid, the right ‘of ocoupaney shall be extinct, and the. Revenue Officer shall,'on the appli- cation of the landlord, Put the landlord in Possession of the tenancy. . . (7) If the right of occupancy was already mortgaged: the fenancy shall pass'to the landlord unencunibered by the mort- Bage, but the mortgage-debt shall be'a chirge on the putchasi money, : fo psy tage (8). 1f there is no such charge as aforesaid the Revenue Officer shall, subject to any directions which he may.repgine, from any Court, pay the purchase-money to the tenant. dept so much of the purchase-money as is required for that purpose and pay the balance, if any, to the tenant, or retain the purchase-money pending thedecision. ofa Civil Court as to the person or persons gntitled thereto. (10) Where there are several landlords‘of tenancy, any: one of them may be deemed to be the landlord for the pur- Poses of this section, 4 Pet y (11) No suit or other proceeding shall be i stituted against the !{Government] or against. any servant of the State},.in, [esPect of anything done by a Revenue Officer under the two last foregoing sub-sections, but nothing. in this sub-section shall: prevent any-person entitled to receive the whole or any Part'of:ihe purchasemoney from: recovering tit froma Person towhotn it has betin paid by a Revenive Officer,was7 zAct XVI] -. Tenancy 243 SA. Where a mortgagee of a right of otcupancy under section 5 proposes to foreclose his mortgages or otherwise eroroe his lien on the, land subject to the right, the Provisions St the ist foregoing section shall 90 far as they can be made ‘Spplicable, apply as if the mortgagee were the tenant. 55, (1) A tight of occupancy under section 5 may be sold inexecution ofa decree or order ofa Court. Q) But notice of an intended sale of any such right shell begivenbytheCourttothe landlord,and, ifatany time before Secree. theclosé of the day on which the sale takes place the landlord paysto the Court or to the officer conducting thesdle @ deposit prvwenty-five percentum on the highest bid made at the sale, he shall be declared to be the purchaser instead of the person ‘who made that bid. 56. Aight of occupancy under any other section than Transfer of sso Setanot be ata sold in execution of decree 2pancy wr oider of any Court or, without the previous consent in ‘der any iriting of the landlord, be transferred by private contract. ~ ober Seton ig], Whien a right of occupancy has been transferred by Bans an sale, gift or usufructuary mortgage toa petson other than the ilies Of Tandlord, that perso# shall, inrespect oftheland in which the righ of ight subsists, have the stme rights, and ‘be subject to the ‘occupancy. saene liabilities as the tenant to whom before the transfer of the right had belonged, and was subject to. 58. (1) A tenant having a right of occupancy in land Subsewing. may, subject to the provisions of this.Act and to the conditions of any written contract between him and his landlord, sublet the land or any part thereof for any term not exceeding seven @ Aperson to whom land is sublet bya tenant having sight of occupancy therein shall, inrespect of thatland, and So far as regards the landlord be jointly with the tenant, ubject to all the liabilities of the tenant under this Act. with the consent of his landlord, transfer his land to. all the ‘members of 4 Co-operative Society for the consolidation of under any hholdings of which both he and his landlord are members and eno obtain from them any other ‘Jand in exchange. 458-A. (1) Any tenant with a right of occupancy may, Tease of ‘occupancy i I Kad by Po Act Hr of 927 ”ms Tenancy (1887 = Act ya @) Notwithstanding anything contained in this A&t or 0 otlier enactment in force, any Jand obtaised in exchange inparsuance of thé provisions of stib-section (1) shall be ettiied to be subject to: the same right oT octupancy as the land given for’it in exchange} . * oe Succession 7459. ©(1) When 3 Muslim tenant havinga right of occu, ancy in any land dies, the right shall devolve on his heirs ip Accordance, with the provisions of the Muslim Personal Law (Sbariat): a Provided that when the occupancy rights are held by a female as a limited owner under Customary Law, siceession shqll open out on the termination of her limited interest to all Person who would have been entitled to inherit the property at the thine of the death of the last Fulllowaep had the uatin Persovial Law (Shariat) béen applicable at thé tirhe OF Such death, and in the evénf of the death of any of such persons be- fore the termination of the limited interost mentioned Above, i ‘lve on, bis heirs and successors existing at the time of the termination of the limited interest of the female as if- the aforesaid such person had died ‘at the ter mination of the limited interest of the female and had been governed by the Muslim Personal Law (Shariat) : : Provided further that the share which the female limited ‘owner would have itherited had the Muslim Person&l Law (Shariat)been applicable at the tie of the death of the Inst full ownér shill devolve om her if shefosed her limited interest in the property ‘om account of her marriage or remarrige and On ber heirs under the Muslim Personal Law (Shariat) if her limited interest terminates because of her death, @) Wheh ‘a non-Muslim tenaiit having “a right *of Sccupancy dies, the tight shall-devolve— : (@) on his male lineal descendants, if any, in the male clingofdescent jand. .f ©) failing ‘such decendants,on’ his iid f aay, » Aunt] she dies or remazries or abandows. thétand or is aindet. the ‘provisions. of this: Aet .ejeeted therefrom ; and’! . ~ Subs. by Pb Act IV of °1887 :3:Act-XV1] Tenancy ms (c) failing such descendants and:widow or his widowed mother, ifany, until she dies or remarriesor aban- dons the land or is under the provisions of this Act ejected therefrom; and (@) failing such descendants and widow, or widowed mother or if-the deceased tenant.left a. widow or widowed mother, then when her interest termi- nates under clause (6) or (c) of this sub-section, on his’ mate -colateral relatives inthe male line. of descent from the common: ancestor of the deceased tenant and those relatives: Provided with respect to clause (6) of this sub-section, that the'common ancestor occupied theland. Explanation—For the purpose of clause (d), land ‘ob- tained in exchange by the deceased tenant or any of hig pre- decessors-in-interest in pursnagce of the provisions of sub- section (1) of section 58-A shall be deemed to have been occupied by the common ancestor if the Iand “Biven for it in exchange was occupied by him. - {3) As among descendants and collateral relatives elaim- ing under sub-section (2)the right shall subject tothe provi- sionsof that sub-section, devolve as if it were land left -by the deceased:in the village in which the lasid subject tothe tight issituate: a (4) When the widow of a deceased fenaut succéeds-to ‘a right of occupancy under sub-section (2), she shall not’ transfer the right by-sale, gift or mortgage or by: "sublease fo for a term ‘exceeding one year. (5) If adeceased tenant has left no person on whom his right of occupancy may devolve under sub-sectian (1) or sub- section (2), as the case may be, right shall be exting- uished.J ee Irregular transfers "60. Any transfer made of'a right: ef occupancy in con travention of the foregoing provisions of this Chapter shall be voidable at the instance of the tandlord.6 ~ Tenancy [28872 Act EVE QHAPTER V-A] - % Succession to Non-occupancy Tenancies] 1460-A. (1) Where a tenant, not being:a tenant of land reserved by the landlord for personal cultivation under any Jaw for the time being in force, not havinga right of occupancy and not holding land for any fixed term under a contract or a decree or order ofacompetent authority dies, thetenancy shall, notwithstanding anything to the: contrary in any law for the time being ia force, devolve on his preferred heir, if any, and failing such preferred heir on his eldest male child. Explanation —A preferred heir means any mate child named in writing by the deceased tenant as such. - (2) If the deceased tenant has left no such persons as are mentioned in sub-section (I)on whom the right of tenancy may devolve under that sub-section, the right shall be extinguished.] CHAPTER VI Twrrovmants AND COMPENSATION Improvement by landlords ri 61. (1) Without the previous permission of the Collector, a landlord shall not make an improvement on the tenancy of ‘a tenant having afright of occupancy. (2) If a Isndlord desires to make such an improvement, he may apply to the Collector for permission to make it, and the Collector shall, before making an order on the application, hbear the objection, if any, of the tenant. ~.@3) In making an “order on an application under sub- section (2) the Gollector shall be guided by such rules, if any; as the %Provincial Government] may 4* * © :*} make in this behalf. 62. (1) When a landlord has, with the’ permission men- tioned in the last foregoing section, made an improvement on the tenancy of a tenant having a right of occupancy, he may apply to the Collector for an enhancement of the rent of the tenant. 1, tas, by Pb Act VII of 1952, 2 Ins by Pb Act XV of 1955. 3. Subs. by A.O., 1937, for “Local Government.” 4. The words “withthe previous sanction of the Govemnor Gesera in Council were Rep, by Act IV of 1914—_—— 1897 =Act XVI} Tenancy “I (2) af the tenant is a tenant. to whom sectibn 20 applies; the Collector shail enbance hisrent to the share or rates, or with reference tothe rent in gross, asthe casemay be, paid by ‘tenants, imilar right of occupancy, for land of a similar des- cription and with similar advantages, (3) If the tenant is a teriant to whom section 22 applies, the Gollector shall enhance his rent to such amount as. the tenant would be liable to pay ‘under that section, if the, land revenue were reassessed. : (4) When the improvement ceases to exist, the Collector may, on the application of the tenant, reduce the tenant's rent— . (@..in, the case of a tenant to whom, sub-section (2) applies, to the share of rates, or withrreference to the, rent in gross, as the case, may be, paid by tenants, having a similar right of occupancy for land of a _, similag description and-with similar. advantages ; and Lee . © ‘in thie case of a tenant to whom’ sub-section (3) ‘applies, to such an amount ds the tenant would be liable to pay if the land revenue were re-assessed. (6) Sections 25and 26shall be construed as applyingtoan application, under this section, and a uit shall not lie in, any “for which an’ application might be 63. A tenant having a right of ocoupaney is etititled t0 make improvements on his tenancy. noe Jelei(1) A tenant not having-acright.of ‘occupancy may ‘meke improvements on his tenancy with thie assent of his Jand-* lord. . * ~- 2).If-at any time: the question arises whether or-hot the Jandlordassented to the making ofan improvement bya tenaiit ‘not baying a right of occupancy, the assent may’be inferred fromcircumstances. Bett °6&, Improvements made by a tenant before the commence-.° -ment ofthis Act shall be deemed to hav been, made..in accord-| Hi Hy i pile it i i i if ne 248, Tenaney (1887 : Ave XVI ‘ance with this Act, unless in the case of a tenant not having a ‘tight of occupancy itis shown thatthe improvement was nidde in contravention of a written agreement between him and his landlord. . - 66. Atenant ejected in execution of a decree, or in pure ‘suance of notice of ejectment, shall not be entitled to com- Pensation for any improvement begun by him after the insti- tution of the suit, or service of the notice, which resulted in his ejectment. 67. Ufa landlord tenders to. a tenant lease of his tenancy fora term of not less than twenty years from the date of the tender at the rent then paid by the tenantor of such other rent ‘as may be agreed on, the tender, if accepted by the tenant, shall bar any claim by him to competisation in respect of improve- ‘ment previously made on the tenancy. ©. Subject to the foregoing provision of this Chapter, @ tenant who has made an improvement on his tenancy in accordance with this Act shall not be ejected, and the rent pay- able by hia shall not be enhanced, until he has received com- pensation for the imprdvement, ‘Compensation for disturbance of clearing tenants 69. (1) A tenant who has cleared and brought cultivation waste land in which he has not a right of occupancy” shall, if ejected from that land, be entitled to receive from the landlord as compensation for disturbance, in addition to any compensation for improvements, a sum to be determined by Revenue Gourt or Revenue Officer in accordance withthe merits of the case, but not exceeding five years’ rent of the land : Provided thata tenant whois ajointownerof land to which this section applies shall not be entitled to compensation for disturbance on ejectment from the landor any part thereof. (2) Ifrent:has been paid for the land by division or ap- Praisement of the produce or by ratesixed with reference to the nature of the crops grown, or if no rent, of no rent other than the land revenue of the land and the rates and ceases chargeable thereon, has been paid therefor, the compensation may be computed as if double the amount ofthe land revenue of the land ‘were the annual rent thereof : *set vAct XVI] Tenaney 249 ‘provided that in any estate of which the assessment has teen confirmed on or after the twenty second day of Feb- ee any 1929, the compensation may be computed as if foe TAR The amount of te land revenue of the land were the annual rent thereof] 1 Procedure in determining compensation 70. (1) In every suit by a tenant to contest his fiability Dewrina: to ejecttsent or by a landlord th eject tenant or to enhance this pemation by eat the Court shall direct the tenant to fila statement of bis eae iain, ffany, to compensation for improvement or for dis~ turbance and of the grounds thereof. @) Irehe Court decrees the ejectment of the tenant or the enhancement of his rent, it shall determine the ainount of com- Sensation, if any, duc to the tenant, and shall stay execution PF the decree until the landlord pays into Court that amount Jess any arrears of rent or costs proved to the satisfaction of the Court to be due to him from the tenant. 7A. In either of the following cases, namely *— eteenian- (@) when a notice has been served on a tenant under fo cn by section 44, a () when a notice of ejeetment has been served on a tenant under section 45 and the tenant has not iv ‘instituted a suit to vontest his liability to be ejected, the tenant may apply to the Revenue Officer having authority to order his ejectment under section #4 or section 45, as the case may be, to determine the amount of compensation duc to fim for improvements or for disturbance, or for both, and the Revenue Officer shall determinethe amount, if any, accord imply and stay the ejectment of the tenantuntil the landlord pays to the Revenue Officer ‘the amount so determined less Bay arrears of rent or costs proved {0 the satisfaction of the Revenue Officer to be due to the landlofd from the tenant, 72, In estimating thecompensation to be awarded under Meret this Chapter to a tenant for an improvement, the Court or be regarded Revenug Officer shall have regard to— ent of com peazation for (@ theamount by which the value or the produce ofthe frame tenancy, or the value of that produce is increased by the improvement ; 1. Add, by Pb Act 1V 0f 1933.250 Tenney [11887 ¢ Act X¥t (b) the condition of the improvement. and the probable duration of its effect ot Miss * © the labour and capital required for thie making of ™ sub an improvement ; (@) any reduction or remission of rentor other advaniage allowed to the tenant by the landlord in considera- - tion of the improvement ; and . “ (©) in the case of reclamation, or of the conversion of : uunircigated into irrigated land, the length of time during which the tenant has had the benefit of, the improvement. 73. (1): Fhe compensation shall be made by payment money, unless the parties agree that it be made in whole or art by the grant of a beneficial lease of land or in some other way, * (2) If the parties so agree, the Court or Revenue Officer shall make an order accordingly... Relief in case of ejectment before determination of compensation a 74 (1) If fronv any cause the amount of compensation meat before payable to a tena , ‘tion of com (@ under this Chapter for improvements or distur- pessoa bance, or ©) under section 49 of the value of uncut-or ungathered ‘crops or the preparation of land for sowing, :. has not beeri determined before the tenantis ‘ejected , the’ eject: ment shall not be invalidated by reason of the ontission, but the Court or Revenue Officer which decreed or who. ordered ejectment may, on application made by the tenant within one year from the date of ejectment, correct the omission by making in favour of the ténant an order for the payment: to him by the landlord of such compensation as the Gourt or OBicermay determine the tenant to be entitled to. (2) An order made under sub-section (1} may be executed in the same manner as a.decree for money may be executed bya Revenue Court. mo ce1887 ¥ Act XW] Tenancy 251 GHAPTER VII © Jumsbicrion AND ProcepuRe, Jurisdiction 75. (1) There shall be the same classes of Revenue Officers ‘under this Act as under the #Punjab Land Revenue Act, 1887, and, in the absence of any order of the 2[Provincial Govern- ment] to the contrary, a Revenue Officer of any class having jurisdiction within any local limits under that Act shall be a Revenue Officer of the same class having jurisdiction within ‘the same local limits under this Act. @ Theexpressions “Collectbr” and %Board of Revenue] 1iave the same theaning in this Actas in the "Punjab Land Re- venue Act, 1887. 76. (1) The following applications and proceedings shall be disposed of by Revenue Officers 28 such, and iio Court shall takeicognizinee of any disjute or matter with respect to which any sctrapplication or proceeding might be made or had : ‘ First Grour {@) proceeditigs tinder'section 27 for the adjustmentof rents expressed in terms of the land revenue ; ‘“{(aa) proceedings under section 27-A for the ad- justment of rents of occupancy tenants in the ‘Attock Districts] ” ; 4b). proceedings relating tothe remission and suspension of rent under section 30 ; (©), applications under section 43 for the ejectment of a ‘tenant against whom a decree for an arrear of rent in respect of his tenancy has been passed and re- mains unsatisfied ; (@) applications under section 45, sub-section(5),for the ejectment of a tenant on whoma notice of ejectment has been served and who has not instituted a suit to contest his liability to be ejected but has claimed compensation under section 71 ; (©) applications under section 53 or section 54 for the fixing of the value of 2 right of occupancy; 1 Rep. by the Punjab Land Revenue Act, 1967. 2. Sabs. by. A.0,, 1997, for “Local Government.” 3. Subs. by W. P. Act XVI of 1957, for “Financial Commissioner.” 4. Alaa. by Po Act XI of 1925:252 ° Tenancy £4887 ; Act XNA (f) applications under section 53 or section 54 by landlords for possession of land, the right of coccupangy.in which hgs become extinct ; (g) proceedings under Chapter VI with respect to the award of compensation for improvements or disturbance ; Saconp Grour . de () applications under section, 17 with respect to the division or appraisement of produce ; “3 (@ application undersection 45, sub-section (5), for the _.~ ejectmentofa tenant on whom a notice of ejectment ‘has bean served. and who has not jnstitjited a suit, to contest bis liability to be ejected,and has not claimed compensation under section 71; | Air applications for the determination— . (0) under section :49 of the rent payable ferlend, “oceapled by:orops uncut or ungathssed-at the time of an. order made for the ejectment of a tenantj@r 7! cove (fi) under section 49 or section,J4 of the. valpe of «such crops, or of :the su payable to the tenant for labour and capital expended by him if preparing land: for sowing 5,” “Tump Grour , -. 4 (X) applications under section 31 by tenasits to deposit rent ; . peel (applications under sectioti 36 for'bervice of notice of relinguishment ; (m) applications under section 43 for servicg of notice ‘of ejectment: 5 . (n) applications under section 53 or section $4 for ser- vice of notice of intended transfer, or of intended |. foreclosure or other enforcement. of. lien. (2) Bxcept as otherwise provided by any rille made by the apBoard of Revenue] in this behall— mt _ _. (@) 2 Collector. or an Assistant Gollector-of the first... grade may dispose‘of any of the applications and proceeditigs mientioned in subé-séetion (1) 5 Rite by WE At XVI Of 1957, for “Financial Conslaoner.— 7. Subs, by WP. Act XVI of 1957, for “FinancialISSR A XNA ‘Tenancy 293s @ an Assistant Gollector of the second grade, not being Naib-Tehsildar, may dispose of any of the applications mentioted in the second -and third groups of that sub-section; and. ~ (©).a/Naib-Tebsildar, when invested with the powers of an Assistant Gollector of the segond grade, may dispose of any of the applications mentioned in the third group of that sub-section. “71, (1) When a Reventié Offickr is exercising jurisdiction with respect to any such stit ad is desctibed in sub-section (3), or with respect to an appedl'or other proceeding arising out of aity such suit, he'shail be called a' Revenue Court. (2) There’shall be the same classes of Revenue Courts as of Revenue Officers under this Act, and, in the absence of any ‘order of the *{ProvincisbGoverament] to the contrary, a Revenue Officer of any class having jurisdiction within any Joba Tindits Gndler this Act shall be # Revenue Court of the sattie class’ havitt® jiirisdiétion within the saimé focill limits. (3) The following suits shail be instituted in, “and heard and determined by; Revenwe Courts, and'no other Court shall take cognizance of any dispteor matter with respect o which any such suit might be instituted.: ™4Provided that— (1) where in a suit cognizable by and instituted ina Civil Court it becomes necessary ‘to decide any matter which can under this sub-section beheard and deter- mined only by aReveoue Gourt, the Qiyjl Court shall endorse upon the plaint the nature of the “ guatter for decision and the particulars. required by “Offer VILRule 10, Civil Procedure Code, and return the plaint for presentation to the Collector ; (Qy'on the plaint Bling presented to thie Collector, the Gollector’ shall ‘proceed to hear and’determine the suit where the value thereof exceeds 3[rupees ten thousand] or the matter-.involyed, is.of tha nature mentioned in section 77(3),..First Group, of the Punjab Tenancy Act, 1887, and in other case may "gend the suit to an Assistant Collector ‘ee first “ Grade for detision.] Subs by KO, 1937, for “Loeal Government 2 Add: by Pb AG TS 191 o ~ 3 Sube, fr 1,00", by Pb Ord. 1X of 1960," He & nt i\ Tenancy [1887-:.Aet EVE: Fst Grout: * @ suits between landlord and tenant for enhance~ ment or reduction of rent under section 24 ; @) suits between landlord and tenant for Sd4ition to or abatement of reitt under’section 28 or for commu~ tation of rent ; (©) suits under section 34 for the determination of rent or other sum on the expiration of the.term of an assessment of land revenue and suits relating, . to the rent to be paid under a mortgage made .ia accordance with form (c) as prescribed by section 6 of the Paniab Alienation of Land Act, 1900} ; Sucomp Group»: . “ma by 5 tena sei a.claim,to a right,of; 1 Occupancy,. OF by @ landlord to prove that a. tennat, " has not such a right ; (€) suite by &-landlord to eject a tenant; t “ f) suits by'a tenant under section 45 to contest: liability to ejectment, * when ndtice of ejectment- has been served ; sow «She 4) suits by a tenant under section 50 for réoovery of” + Postession or occupancy, or for compensation, or for both ; @) suits by a landlord to set aside a transfer made of a right of ‘occupancy, or to dispossess 2 person to- whom such a transfer has been made, 9f; for both purposes ; . L @ any, other suit between landiord and tenant arising out of the lease or conditions on which tenancy > inheld ; (A) suits for sums payable on account of village cesses. or village expenses ; &) suits by a co-sharer in an estate or holding for a share of the profits thereof or for-a settlement of” 1, Add, by Pb Act XIM of 1900.A887 ; Act XVI) Tenancy 235 (D suits for the recovery of over-payments of rent or land-revenue or of any othér:demand for which a in a Revenue Court under this sub-section; (o) sits. relating to. the emoluments of sanongos », zaildars, inamdars or village officers ; Tamp GRour ~ (a) suits by a landlord for arrears of rent or the money equivalent of rent, or for-sums. recoverable under ~. section 14 ; -1.u@hi (0) suits:by.a land-qwner to recover, moneys claimed as due for the enjoyment of rights in or over land or in water, including rights of irrigation, rights over fisheries, rights of pasturage and forest rights ; {(p) saits for sums payable on account of land-revenus -. orofany other demand recoverable as.an arrear of land-revenue. under any enactment for the time being in force, and by a superior land-owner for other sums duc to him as such. 2 A) Except ‘as otherwise provided by any. rule made by ‘the 2[Board of Revenve]_ in this behalf— (a) a Collector may hear and determine any of the ‘outs mentioned in sub-section (3); °(®) an Assistant Collector of the firkt grade may*hear and determine any of the suits’ mentioned’ ii ttie second and third groups of that ‘sub-section, arid, if he has by name been specially empoweréd’ in this behalf by the [Provincial Government), any of thre suits mentioned in the first group ; and (©) an Assistant Goilector of the sécond grade may hear and determine. any of the suits mentioned in the third group. 3{(5) The limitation for suits mentioned: in: sub-éeetion @) (Third Group), clause (n), shall be one year from the day the -rent-or money. equivalent t to rent o£ sums recoverable become due.) 1 Subs, by W.P. Act XV of 1957, for “Financial Commissioner”. 2 Subs, by A.0., 1937, for. “Local Government.” 3, Add. by Pb Act IV of 1977.mn Hi ‘Tenancy (1887 : Act Xvi Adzinistrative control ‘78. (1) The general superintendence and control over all {* * *] Revettue Officers and Revenue Courts shall be ‘vested in, and all such officers and Courts'shall be subordinate to the Board of Revenue]. (2) Subject to the general superintendence and control of the 2{Board of Revenue], a Commitsioner, shall control all other Revenue Officers and Revenue Courts in his division. (@), Subject as aforesaid and to the control of the Com- itissioner, a Collector shall contr6l alf other Revenue Officers and Revenue Courts in: his district. 79. (1) The {Board of Revenue] or a Commissioner or Coltector miy by written order distribute, in such manner as ‘it or he thinks fit}, any business cognizable by any Revenuc ‘Officer or Revenue Court under his control. (2) The 2[Board of Revenue} or a Commissioner or Col- lector may withdraw any case pending before any Revenue Officer or Revenue Court under 3fits or his] control, and either dispose of it 3fitself or himself] or by written order refer it for, disposal to any other Revenue Officer or Revenue Court ‘under Sits or his] control. ()An order under sub-section(1) or sub-section (2) shall net empower any Revenue Officer or Revenue Court to exercise any powers or deal with any business which he or it would not ‘be competent to exercise or deal with within the local limits of his or its own jurisdiction, . Appeal, Review And Revision 80. 4{(1)] Subject to the provisions of this Act and the rules thereunder, an appeal shall lic from an original or appellate order or decree made under this Act by # Revenue Officer or. Revenue Court, as follows, namely :— (a) to the Collector when the order or decree is made by an Assistant Collector of either grate 5 1. The word “other”, deh by W.P, Act XVL of 1957. 2, Subs, sbid., for “Fiaancial Commissioner.” 2 3. Subs. tid. 4. Ins. by WP. Ord, XXXIV of 1965.4667!5 Act KVN] “Tenancy 257 ©) to the Comimistioner when the onder or decree is > made by a Collector';’ (6) to the "[Board of Revenue only on a point of law] when the order or decree is made by @ Commis- sioner : Provided that— @ an appeal from an onde ordecree made by an Asi= tant Collector of the frst grade specially empowered by name in that behalf by the 2[Provincial Gov- ernment] in a suit mentioned in the first group of stb-section (3) of section 77, shall lie to the Com- missioner and not to the Collector ; i) when an original order or decree is confirmed on first appeal, a further appeal shall'not lie ; + lt) when any such order or decree is modified or re- verted on appeal by the Collector, ‘the order or decree made by the Commissioner on further appeal, if any, to him shall be final. 3{@) An order shall not be confirmed, modified or reversed in appeal unless reasonable notice has been given to ‘the parties affected thereby to appear and be heard in support of or against the order appealed from.] 81. The period of limitation for an appeal under the tation last foregoing section shall run from the date of the order of for appeals decree appedled against, and shall be as follows, that is'to say— 7 '@ when the appeal lies to the Collector—thirty days; © when the appeal lies to the Commissioner—sixty days ; (©) when the appeal lies to the 1[Board of Revenue)— ninety days. a DA Revenue Officer, as stich, may cither of his Review ty ‘or on the application of any party interested, Revenue 1. Subs: by W.P. Act XVI of 1957, for “Financial Commissioner.” 2, Subs. by A.O,, 1937, for “Local Government.” 3. Add. by W.P. Ord. XXXIV of 1965.258 Tenancy (A987 = ActaN review, and on so reviewing modify, reverse or, confirm any order passed by himeelf or by, ay Of his .predecessors-in- office cae Proyided as follows :— : 4[(a) an order passed by his predecessor-in-office shall not be reviewed by the— : oe} (@ Commissioner without first obtaining the sanction “of the Board of Revenue, - . 9° GG) Collector without frst obtaining the sanction of “the Commissioners” * and 20 ander shall be reviewed by. any other Revenue Officer without first obtaining, the sanction, of the Reyenue Officer to whose control he is immediately subject] ; (6) an application for review of an order shalt not be enterjained, unless it is made within ninety, days from the passing of the order, of unless. the, pal cant satisfies the Revenue Officer that cient “ediyse for not making that pétiod | :@©) an ordgz, shall not be modified or reversed unless reasonable notice has been given. to the, sain “affected thereby to appear.and be heard it of the order ; (@) amorder against which an appeal has been preferred shall not be reviewed. @).For the purposes ofthis section the Collector shall be deemed to be the successor-in-oflice of any Revenue Offer of a lower class who has left the district or has ceased to exercise powers as a Revenue Oficer, and whom there is no successor in-office. 3) An appeal sBall not lie from an. order refusing to re- view, oF confirming on review, a previous order. : Computation 83. Inthe computation of the period for an appeal from, ‘or an application for the review of, an Act,ids7s act XV) ” Tetancy 29 84. “(1) The 1[Board of Revente] may at any time call forthe'tecord of any case pénifing before, or disposed of by arly ‘Revenue Officer Or Revenue Court subordinate to it]. _ -(2).A Gommissiongr or Collector may call for the record of any case pending before, or disposed of by, any Revenue G or Reyenue Court under his control. =, G) Ifin any case in which a {* * * *] Collector ‘has called for a record he is of opinion that the proceedings taken ‘or the-order or decree made should be modified or reversed, he shall submit the record with ‘his opinion on the case for the orders of the 3[Gommissioter]. . ‘4{(4) If, after examining a record called for under sub- section (1), o sub-section (2) or submitted under sub-section (3), the Board of Reyenue or the Commissioner, as the case may be, is of the opinion that it is expedient to interfere with the proceedings or the order or decree, itor he, asthe case may be, shall pass an order accordingly.] 1i{5} If, after examining the record, the 4[Board of Revenue] ‘ofopinion that itis expedient to interfere with the proceedings or the order or decree on any ground on which -the 3[High Court] in the exercise of the revisional jurisdiction may under the law for the time being. force interfere with the proceedings or an order or decree of a Civil Court, Sit] shall fixa day for hearing the case, and may, on that or any subsequent day to which [it} may adjourn the hearing or which fit] may ‘appoint in this behalf, pass such order as [it] thinks fit in the case, (© Except when the 1[Board of Revenue] fixes under sub- section (5) a day for hearing the case, no party has any right to be heard before the *{Board of Revenue] when exercising [its] powers under this séction. Procedure 85. (1) The "Provincial Government] may makes Prules corisistent with this Act for regulating the-procedure of Re- ‘venue Officers under this Act in cases ‘in which a procedure is not prescribed by this Act. ‘Subs. by W.P. Act XVI of 1957, for “Financial Commissioner.” ‘Subs. ibid, for “him.” |. The words, or” del. ibid. bid. : ‘ * ‘by Act XVII of 1919, for “Chief Court.” ‘Saba by W-P. Act XVI of 1937, for “he.” 7. Subs. ibid., for “his.” Subs by A.0.~1937, fr "Loca! Goseeament — under section 85 61); See Notification No. 77, Pb Gazette (Extraordinary), aes 79. Revenue Courts. Procedure of Revenue Officers.260 Tenancy {1887 : Act XVI + (2) The rules may proyide, among other matters, fox the mods of en ers of ghectinent from, and delivery of Possession lovable property, and rules providing for those itiay confer ona Revenue Officer all’ or any of the powers in regard to’ contempts, resistance and the like which a Civil Court’ may exercise in the executiod Of a decree, ‘wherdby it has adjudged ejectment from, "br delivery of possession 8f, such property. ’ : 8 ‘:-. @).The rules may alsoprovide for the mode of executing orders as.to costs, and:may, adapt to proceedings under this Act all or any of the provisions of the 1Punjab-Land Revenue Act, 1887, with respect to arbitration. (4) Subject to the ‘rales’ under this section’ a’ Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer for investigation anid report, and may decide the case upon the report. 96. (1); Appearances before a Revenue. Qfficer:as-such, and applications to.and acts to be dong before him, wunderithis ‘Act may be,made or done— (@) by the partics themselves, or (8) by their recognized agenis or a legal practitioner t +. Provided that the employment-of a recognized agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in: whith: personal attendance is specially required by an order of the officer.” (2) For the purpose of sub-section (1), recognized agents shall bé such persons as the '2[Provincial Government] may ‘by notification declare in this behalf, (3) The fees of a legal practitioner shall not be allowed as costs in any proceeding before a. Revenue’ OMcer: undee this ‘Act, unless that officer considers, for reasons to be recorded by ‘him ia writing, that the fees should be allowed. _87. (1) A Revenue Officer. maj give.and apportion the " costsofany proceeding under this Actin any manner he thinks fit. (2) But if he orders that the costs of any sich: jing shall not follow the eVent, ‘lic shall record his reasonis for the order. . Regis Po Land Revends Act, 1967, 2, Subs. by A.O., 1937; Tor “Ede1887 -sAct XVI] yee Tenancy 261 88... {1).The. 4[Provincial. Government]. may aft +] Procedure make rules consistent: with this Act for regulating the pro- Sou cedure of Revenue Causts in matters under this Act for which a procedure is not. prescribed thereby, and by any such rules direct that any provisions of the Code of CivitProcedare shall apply, with or without modification to all or any classes of cases, before those Courts. (2) Until rales are made tinder sub-section (1) and subject to'tiloge rules When made’and to the provisions of this Act— (a) the Code of Giyit Procedure shall, so far as it is applicable, apply to all, proceedings in Revenue Gourts whether before or. after decree s.and (b) the [Board of Reveitue] shall, in respect of those "proceedings, be deemted to be the High Court with- in the meaning of that Code, and shall, subject to the provisions of this Act, exertise, as regards the ~ He)" Qourts under [its] coatrol, all the powers of High Court vider the Code. - 89; (1) A: Revenue Officer’ or Revenue “Court “miay Pover of summon any person whose attendance he or it considers neces- Reco sary for the purpose of any application, suit or other business ESNt's before him or it as a Revenue Officer or Revenue Court. summon * (2)-A person so summoned shall be-bound to appear at the'time.and-place mentioned ih the summons in’ person or if the summons so allows, by his recognized agent or @ legal practitioner. 2 (3) hie ‘ferson ‘attending in obedience to. the summons shall be boitid't6 state the truth upon-any matter respecting which he'is extniined or mikes statements, and to produce such documents and other'things relating to any such matter as the Revenue Officer or Revenue: Court may require. Subs. BF ALO, 1937, for “Local Government. | 2 ris watts ith te previous sanction ofthe GéveniotGétieral a in Council, del. by Act IV of 191 8. Sila: by W.P. Act XVI oF 1957, for “Fimancial CpmmissiSnir.” , 4. Subsi, aids, for “his. & oo bele 262 Tenancy (1887: Act eWT 90. (1) A summons issued by a “Revenue ‘Ofiger or Revenue Court shall, if pratticable be sérved (a) personally on the:person to whom it is addressed, or failing him on (6) his recognized agents, or (c) an adult male member of his family who isresidingwithhim. - * @) Uservice cannot be so made, or if acceptance of ser. vice so made is refused, the summons may be served by posting 4 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 is em- Ployed or the Revenue Court is held, and the case to which the sumtmons relates has reference to land in that district, then by posting a copy of the summons on. some conspicuous place in or near the estate whercin the land is situate, +. @) Ifthe summons relates to a casein which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Reve- nue Officer or Revenue Court so directs, be served by delivery Of a copy thereof to such of those persons as the officer or Courtnominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested, (4) A summons may, if the Revenue Officer or Revenue Court 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 Part Iil of the 'Indian Post Office Act, 1886. (5) When a summons is so forwarded ina letter and it is Proved that the letter was properly addressed and duly posted and registered, the Officer or Court may presume. thatthe Summons was served at the time when the lejter. would be de- livered in the ordinary course of post. 91. A notice, order or proclamation, or copy of any such document, issued by a Revenue Officer or Revenue Court for service on any person shall be served in the manner provided in the last foregoing section for the service of. summons, 92. When a proclamation relating to any Jand ig issued by a Revenue Officer or Revenue Court, it shall, in addition to any other mode of publication which may be prescribed by Now the Post Office Act, 1858,1997, 5 Act Tenancy 263 any enactment for-the, time being in force, ‘be made by beat ‘of drum or other customarymethod, and. by the posting of copy thereof on a conspicuous place in or near the-land fo which it relates. “ga; (1)"Any tember bf tenants cultivating in the same ‘eétate; may in'the discretioh of the Revenue ‘Officer or Revenue Gourt and'subject to any'hiles which the *[Provincial Gov- ernment] may make in this'behalf,’ be made parties to any proceeding under Chapter IIT. . .@ But a decree or order shall not be made in any such ings unless the Revenue Offices, of Revenue Court is satisfied that all the parties thereto have, had an opportunity of appearing and being heard. we (3) A decree or order made in any such proceeding shall specify the extent to which each of the’ tenants is affected therebi 94. Nothing in section 424 of the Code of Civil Pro- cedure, or in section 36 of 2the Punjab Municipal Act, 1884, shall be construed to apply to'a suit “of a cliss mentioned in section 77 6f this Act.” coe 95. (1) When a defendant admits that money is due: from ‘iit On account of rent,’ but pleads that itis due not to the plaintiff but to a third person, the Couft shall, except for special feasons to'be recorded BY it, refuse to take cognizance of the plea unless the defendant pays into Court the amount so admitted tobe due.” . poet (2) Where such a payment is made the Court shall forth. with-cause notice of the payment to be served on the third ‘person. oe @) Unless the third person ‘within ‘three months from the receipt of the notice institutes @ Suit Sgainst the plaintiff and ‘therein obtains an order restraining, payment of the money, it shall be paid to the:plaintiff on ‘his application to the Court ib, BoA. On 1937,for “Local Government ot eat RA M1, RAS "Sy he bon Lal ‘Soveraient he 1575, whichis see ben een byte Fun. Lowel soot fonsunder this Actf ront a264 Tenancy (1887-2 ‘ace Xr () Nothing in this section shall’affect the tight of any Person to’ retover from ‘the ‘plaintiff’ mofiey” paid to him under subsection (3). (5) When a defendant pays money into Court under this section, the Qourt shall give the defendant a receipt, and the Teceipt so giveg shall operate as an acquittance in the same ‘manner and to the same-extent as if it had been given by the Plaintiff or the third person, as the case may be. : 2 ie 96. A Court passing a decree for an arrear of rent may, on-the oral application’ of the decree-holder, order txecution thereof against the movable property of the tenant, and aginst ‘any uncut or tingathered crops'on the tenancy in respeét of which the arrear is decreed, ve 97. A tenant shall not, during the continuance of his ‘occupancy, be liable to imprisonment on the application of his landlord in execution of a decree for an arrear of rent, . 981, (1) If, in any proceeding pending before a Revenue Court exercising original, appellate or revisional jurisdiction, it appears to the Court that any question in issue is more Broper for decision by a Givil Court, the Revenue Cours may. with the previous sanction of the Court, if any, to the contrel of which it is immediately subject, require by order in writing, any party to the proceeding to institute, within such time as i¢ ‘may fix in this behalf, a suit in the Civil Court for the purpose of obtaining a decision on the question, and, if he fails to comply with the requisition, may decide the question as it think fit. oe (2) If the party institutes the suit-in compliatice with'the: requisition, the Revenue Court shall dispose of the ‘ending before it in accordance with the final decision of the Givil Court of first instance or appeal, as the case may be. * 99% (1) Ifthe Presiding Officer of a Civil or RevemueCourt in which a suit has been instituted doubts whether he is pre cluded from taking cognizance of the suit, he may refer the matter through the [District Judge} or. Commissioner, or, if he is a 4{District Judge}or Commissioner, directly: to the {High Court], ~ . ° 1.” Subs.by Act Vi of 1918, for “Divisional Judge” 2. Subs, by Act XVI of 1919, for “Chief Coun.”4887 : Act XVI) Tenancy 265 @) On any such reference being made, the [High Court] may order the presiding officer either to proceed with the suit or to return the plaint for presentation in such other Court as it may in its order declare to becompetent to take cognizance of the suit. @) The order of the *[High Court] on any such reference shall be conclusive as against persons who are not parties to the suit as well as against persons who are parties thereto. 100. In cither of the following cases, namely :— (@ ifitappears to a Civil Court that a Court underits control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by @ Revenue Court, or © if it appears to a Revenue Court, that a Court under its control has determined a suit which should bave been heard by a Civil Court, . the Givil Court or Revenue Court, as the case may be, shall submit the record of the suit to the High Court). Q) If on perusal of the record it appears to the #[High Court] that the suit was so determined in good faith, and that tthe parties have not been prejudiced by the mistake as to juris- diction, the 1[High Oourt] may order that the decree be regis- tered in the Court which had jurisdiction, @) If it appears to the High Court] otherwise than om submission of a record under sub-section (1), thata Civil Court under its ontrol has determined a suit of class mentioned in section 77 which under the provisions of that section should ‘have been heard and determined by a Revenue Court, the AfHigh Court] may pass any order which it might have passed. if the record had been submitted to it under that sub-section, (4) With respect to any proceeding subsequent to decree, the 3[High Court] may make such order for its registration in a Reventic Court or Civil Courtas in the circumstances appears to be just and proper. —— 1. Subs, by Act XVII of 1919, for “Chief Court.”Holidays, 266 Tenancy [1887 2 Act XVI (5) An order of the 1{ High Gourt] under this sectioni shall bbe conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order has required it to be registered. (©) The provisions of this section shall apply to any suit instituted on or after the first day of November, 1884, and to Proceedings arising out of any such suit. Miscellaneous 101. (1) An Assistant Collector may exercise his Powers under this Act at any place within the limits of the district in which he is employed. © Any other Revenue Officer or Reveriue Court may only exercise his or its powers under this Act within the local Jimits of his or its jurisdiction, 102. (1) The 2{Board of Revenue}, with the approval of the 3[Provincial Government}, shall publish in the {Oficial Gazette} before the commencement of each calendar year a list of days to be observed in that year as holidays by allorany Revenue Officers and Revenue Courts, (2) A proceeding held before a Revenue Officer‘or Revenue Court on 2 day specified in the list as a day to be obseryed by the Oficer or Court as holiday shall not be invalid,by-reason only of its having been held on that day. 103. When a Collector dies or is disabled from per- forming his duties, the officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued ¥ the’ 3[Provincial Government] in this behalf, shail be de ‘to be a Collector under this Act. Se 104.. When.a Revenue Officer of any class who, either as such or as a Revenue Court, has under the i sions of this Act any powers to be exercised in any local area is transferred from that local area to another as a, Revenue Officer or Revenue Court of the same ora higher class, he shall continue to exercise those powers in that other local area unless 1. Subs. by Act XVII of 1919, for “Chief Court.” 2. Subs. by W. P. Act XVI of 1957, for “Financial Commissioner.” 3: Subs. by A.O., 1937, for “Local Govetnnient.” - 4. Subs. ibid, for “local official Gazette,”1887-: Act XVI] Tenancy 267 the [Provincial Government] otherwise, directs or has other- wise directed. 105. (1) The ‘Provincial Government] may by noti- fication confer on any petson— @) all or any of the powers of [Board of Revenue}, Commissioner or Collector under this Act, or @) all or any of the powers with which an Assistant Collector of either grade is, or may be, invested thereunder, and may by notification withdraw any Powers so con- ferred, (2) A person on whom powers are conferred under sub- section (1) shall exercise those powers within such local limits and in such classes of cases as the [Provincial Government] may direct, and except as otherwise directed by the YProvincial Government], shall for all purposes connected with the exercise whereof be deemed 2[Board of Revenue], Commis- sioner, Collector or Assistant Collector, as the case may be. @) Before conferring powers on the Judge of a Civil Court under sub-section (1), the Provincial Government] shall consult the [High Gourt.} (4) If any of the powers of a Collector under section 78, Section 79, section 80 or section 82 are conferred on an Assis. tant Collector, they shall, unless the 1{Provincial Government] by special order otherwise directs, be exercised by him subject to the control of the Collector: 106. (1) The 2[Board of Revenue] may, in addition to the other rules which may be made by 4{it] under this Act, make roles consistent with this Act and other enactment for the tims being in force;— (@) determining, notwithstanding anything in any re- cord-of-rights, the number and amount of the in- stalments and the times by and at which rent is to be paid ; (®) for the guidance of Revenue Officers in determining, for the purposes of this Act, the amount of the land revenue of any land ; 1, Subs. by A.O., 1937, for “Local Government” 2, Subs. by W. P. Act XVI of 1957, for “Financial Commissioner.” 3. Subs. by Act XVII of 1919, for “Chief Court.” 4 Subs. by W.P. Act XVI of 1957, for “him.” Revenue Court.Rules to be made after ‘previous iblication. z Powers exer- ‘ciseable Board Revenue ‘from time to time. 268 Tenancy {1887 1 Act RVI (©) prescribing for all or any of the territories to which this Act extends, the periods during which in pro- ceedings held under this Act, a Revenue Officer or Revenue Court is not, except for reasons of urg- ency to be recorded, to isstie any process of arrest against @ tenant or against @ land-owner who cultivates his own land ; (@) regulating the procedure in cases where persons are ‘entitled to inspect records of Revenue Officers or Revenue Courts, or to obtain copies of the same, and prescribing the fees payable for searches and copies ; (e) prescribing forms for such books, entries, statistics and accounts as the 3[Board of Revenue] thinks necessary to be kept, made or compiled in Revenue Offizes or Revenue Courts or submitted to any authority ; (J) declaring what shall be the language of aay of those, Offices and Courts, and determining in what cases persons practising in those Offizs and Courts shall be permitted to address the Presiding Officers thereof in English ; and : (g) generally for the guidance of Revenue Officers and other persons in matters connected with the enforcement of this Act. (2) Until rules are made under clause (a) of sub-section (1), reat shall be payable by the instalments and at the times by and at which it is. now payable. 3) Rules made by the 1[Board of Revenue) under this or any other section of this Act shall 2[be made subject to the control of] the {Provincial Government]. 107. The power to make any rules under this Act is subject 4[* * *] to the condition of the rules beingsmade after previous publication, 1408, All powers conferred by this Act on the Board of Revenue] may be exercised from time to time as occasion requires. il Commoner TO Sate. by WP. Act XVI of 1957, for “Financial Commissioner.” 2. Salm by ActIV of 1914, for “not take elect until they have bon by. 3. Subs. by A.O., 1937, for “Local Government” ty The words,"“to the control of the Governor General in Council and”, del by Act XXXVI of 1920.1887 + Act XVI) Tenancy 269 GHAPTER VIII ‘Errnct oF Tuts Act oN Reconps-OF-RIGHTS ‘AND AGREEMENTS © 109, An entry in any record-of-rights providing— @ that a landlord may prevent a tenant from making, or eject him for making, such improvements on his tenancy as he is entitled to make under this Act, or . " @ that a tenant ejected from his tenancy shall not be entitled to compensation for improvements or for disturbance in any case in which he would under this Act be entitled to compensation therefor, or (©) thata landlord may eject a tenant otherwise than in accordance with the provisions of this Act, ~ ishall be void to that extent. 110. (1) Nothing in any agreement made between a land- ord and a tenant after the passing of this Act shall— (a) override any of the provisions of this Act with res- pect to the acquisition of a right of occupancy, or ‘the reduction, remission or suspension of rent, or the enhancement of the rent of a tenant having a right of occupancy under section 5 or section 6, or (©) takeaway or limit the right of 4 tenants determined by this Act to make improvements and claim com- pensation therefor, or, where compensation for disturbance can be claimed under this Act, to claim such compensation, or (© entitle a landlord to cject atenant otherwise than in accordance with the provisions of this Act. 2) Nothing in clause (a) of sub-section (1) shall apply to an agreement by which a tenant binds himself to pay an en- hanced rent in consideration of an improvement which has been, or is to be made in respect of his tenancy, by or at the expense of his landlord, and to the benefit of which the tenant is not otherwise entitled. Nallity of certain | entries in re- sords-of- rights. Nallty of cerain ‘agreements contrary to the Act.a # i see ye 27” Tenancy [1887 . Act XVE I11. Save as expressly provided in this Act, nothing in ‘this Act shall affect the operation of any agreement between a landlord and a tenant, when the agreement either is in writing ‘or has been recorded in a record-of-rights before the passing of the 1Punjab Land Revenue Act, 1887, or been entered by order of a Revenue Officer in 2 record-of-rights or annual record under the provisions of that Act. 112. Anentry made with respect to any of the following matters before the cighteenth day of November, 1871, and attested by the proper officer, in the record of regular settlement sanctioned by the 2{Provincial Government], namely :— (0) the enhancement or abatement of the rent of @ tenant having right of occupancy or the commu- tation of rent in kind into rent in money or of rent in money into rent in kind, or the taking of rent in kind by division or appraisement of the produce ‘or other procedure of a like nature, or (6) the letting or under-letting of land in which there is a right of occupancy by the tenant having that right, or the alienation of or succession to land in which such right subsists, shall be deemed to be. an agreement within the meaning of the last foregoing section. 3113. {(1)] Notwithstanding anything to the contrary in this Act orinany other law forthe time being in force or any revenue record of agreement or any rule of custom or any de- cision of a Court or arbitrator, no tenant shall be liable for, and no landlord shall be entitled to anything in the shape of a cess, Village cess, or other contribution or due or any free personal service, in addition to the rent payable for the land held by the former under the latter. 4{(2) Notwithstanding any agreement to the contrary, where a landlord supplied any scéd to his tenant, he shall be entitled to recover from the tenant only the quantity of seed actually supplied and nothing in excess thereof.] 7114. (1) Notwithstanding anything contained in any law for the time being in force, including this Act, no person shall, after the coming into force of the Punjab Tenancy Seay pe1887-2 at XVN ; Tenaricy 2 (Amendment) Act, 1952, acquire or have occupancy rights in any land under any enactment or contract or any decree or order of any Court or other authority and the existing oocu- pancy rights in respect of all lands other than lands owned by ‘Government or by-any person. who under the law for the time being in force is:an evacuee, shall on the coming into force of the aforesaid Act, be extinguished, and the land comprised in a tediney so extinguished shall vest as hereinafter pro- vided. . : (2) An occupancy tenant, who at the time of the coming into foree of the aforesaid Atnendment Act occupies any land as such shall become owner as under -— (a) of the entire land comprised in his tenancy without payment of any compensation where he pays no rent therefor beyond the amount of the Iand re- _fevenue, and rates and cesses for the time being <> “chargeable therefor ; © ofsuch portion of the land comprised in his tenancy without payment of any compensation as corres- “ponds to bis share of the produce,” where he pays fent in the form of a share of thé produce ; © of the entire land comprised in his tenancy on-pay- ment of compensation to the landlord in cash at such rates and within such periods as may be pres~ cribed-by the Government by rules framed for the purpose, where he pays reat only in cash ; , (@ of the whole or'a portion of the land comprised in his tenancy'on payment of such compensation ! 4m stich form and within such time to the landlord as may be determihed by Government by rules framicd ‘under this Act, where he pays: rent partly in cash and partly in the form of'a share of the produce. (G) So long &8 Government does not frame rules for pure poses of claiises (c) and (d) of sub-section (2), an occupancy tenancy: falling under any of these clauses shall, notwith- standing the provision made in sub-section (1), continus fo subsist, and the landlord and the occupancy tenant shall continue to eajoy the same rights, and be subject_to the same liabilities, as before.il 272 Tenancy [1887 : Act EVI (4) In a case falling under clause (6) of sub-section (2) the shall, without payment of any compensation, be en- titled to the possession of the rest of the land comprised in the tenancy. (5) An occupancy tenant acquiring land in accordance with the provisions of sub-section (2) shall acquire it free from all encumbrances created in respect of that land by the land~ lord and if any encumbrance be created by the tenant, the share of the land received by the landlord shall-be free from it and notwithstanding any provision of any law for the time being in force to the contrary each such encumbrance shall become the exclusive liability of the landlord or the occupancy tenant, ‘as the case may be. (6) Where compensation is to be paid by a tenant in cash under claust (c) of sub-section (2) Government may, with a view to¢nablingan occupancy tenant to acquire land in accord- ance with the provisions of this section, advance a loan which shall be recoverable as arrears of land revenue with interest ‘at such rates and in such instalments as the Government may- fix generally or in particular cases. (7) Government shall frame rules to give effect to the pro- visions of this section, and while framing rules it may classify, lands into different categories and prescribe different princi~ Ples Tor assetément of compensation, 411A. (1) Notivithstanding anything contained in any Jaw for the'time being in force, including this Act, no person shall, after the coming into force of the Punjab Tenancy (Re- moval of Doubts aud Amendment) Ordinance, 1974, hereinafter referred to as the said Ordinance acquire or bave muqarrari- dari rightin any land under any enactment or contract or other authority, and the existing muqarraridari rights in respect of all lands other than the lands owned by or vesting in Govern- ment or by any person who, under the law for the time being in force is an evacuee, shall, on coming into force of the said Ordinance, be extinguished and the land in respect of which mugerraridari rights arc to be extinguished, hereinafter referred to as the said land, shall vest as hereinafter provided. (@) A mugarraridar who, at the time of coming ints force. Of the said Ordinance, ocenpies the said land’ as such thalt become owner as under :— . eee 1. Add, by Pb Act XXVIII of 1975,9887:: Act XVI] Tenancy 273 @) of the said land in its entirety without payment of any compensation where he pays no rent therefor beyond the amount of the land revenue‘and rates and cesses for the time being chargeable therefor ; (b) of such portion of the said land without payment of any compensation as corresponds to his share of the produce where he pays rent in the form of 2 share of the produce ; (c) of the said Jand in its entirety on payment of com- pensation to the proprietor in cash at such rates and within such periods as may be prescribed by the Government by rules framed for the purpose, where he pays rent only in cdsh ; and (@) of the whole or a portion of the said land on pay- ment of such compensation in such form and within such time to the proprictor-as may be determined by Government by rules framed under this section, where he pays rent partly in cash: and partly in the form of share of the produce. (3) So long as Government does not frame rules, for pur- poses of clauses (c) and (d) of sub-section (2), mugarraridari rights falling under any of those clauses shall, notwithstanding the provision made in sub-section (1) continue to subsist and the proprietor and the muqarraridar shall continue to enjoy the same rights, and be subject to the same liabilities, as before. (4) Ina case falling under clause (6) of sub-section (2) the proprietor shall, without payment of any compensation, be entitled to the possession of the rest of the said land. (5) A mugarraridar acquiring land in accordance with the provisions of sub-section (1) shall acquire it free from all en- cumbrances created in respect of that land by the proprietor and if any encumbrance be created by the muqarraridar the share of the land received by the proprietor shall be free from it and notwithstanding any provision of any law for the time being in force to the contrary, each such encumbrance shall become the exclusive liability of the proprietor or the mu- garraridar.as the case may be. {6) Where compensation is to be paid by a muqarraridar in cash under clause (c) of sub-section (2) Government may, with 2 view to enabling a mugarraridar to: acquire land-in- accordance with the provisions of this section, advance a loanLimits of holdng for ‘personal cultivation. 2% » Tenancy (1887: Act XVE which shail be recoverable as arrears of land revenue with interestatsuch rates and in such instalments as the. Government may fix generally or in particular cases. (7) Government shall frame rules to have effect to the provisions of this section, and while framing the rules it may classify land into different categories and prescribe different principles of assessment of compensatid.] 4{414-B. Notwithstanding anything contained in this Act or any other law for the time being in force oy any decree, judgment, or order of any Gourt or any other authority, an occupancy tenant under a muqarraridar shall be deemed and be deemed always to have, on the extinction of his occupancy rights under section 114, become the owner of the rights pos- sessed by the mugarraridar in the entire or, as the case may be, in a part of the land comprised in his tenancy and in respect of such land section #14-A’ shall havejeffect accordingly.] 3115. (1) No person owning more than. 100 acres of land shall have in his possession for personal cultivation any irrigated culturable land exceeding 50 acres, Explanation—Where any such person has in his posses- ion any such land jointly or in partnership with any one else, only his own share of the land in such possession shall be taken into consideration in computing the 50 acres for the purpose of this sub-section. . (2) Ifa person owning more than 100 acres of land has in his possession culturable land in excess of 50 acres, he shall witliin three months of the date on which the Punjab Tenancy (Amendment) Act, 1952, comes into force, and if such person is in the military service of Pakistan on that date, then within six months of his release from such service, let out the area in excess of 50 acres to tenants on terms permissiblé under the Jaw: Provided thatif the said land in excess of 50 acres is under crop at the time of the coming into force of the aforesaid Act, it shall be so let out within one month of the removal of the crop: 2 Provided further that if the land to be let out has been pre~ pared for sowing, the person who has so prepared it shall be entitled to compensation from the person to whom the land “Ada. By Pb Act RXXVII of 197: 2 Add. by Pb Act VII of 1952, : moa"9887 + Act XVI] Tenancy 215 is let out, and such compensation and the mode of its payment shall, in case of a dispute, be assessed and determined by the ‘Revenue Officer referred to insub-section (4)in accordance with the provisions of this Act, in so far as these may be applicable. (3) Wherea person not owning more than 10Qacres of land on the date of the coming into force of the Punjab Tenancy (Amendment) Act, 1952, acquires by any means more land ‘which along with land already owned by him totals more than 100 acres, Ke shall, within three months of such acquisition, let out to tenants so much of the land as is in his possession in excess of 50 actes of culturable tand, and the provisos to sub-section (2) shall in so far as applicable apply to this case. - (4) any person whois required by sub-section (2) or sub- section (3) to fet out any land fails to find suitable tenants, he shall, before the expiry of the periad fixed by the relevant sub- section, intimate the fact in writing to the Revenue Officer, who would be competent under the law to entertain an appli- cation for the ejectment of the tenant from the land, if such Jand had been let out to him, and such Revenue. Officer shall proceed in accordance with such rules as may be framed by Government to find suitable tenants for the land. (5) When a person acts under sub-section (4), he shall let out the land to tenants recommended by the Revenue Officer, and in case he fails odo so, he shall be deemed to have con- travened the provisions of this section, and besides any other penalty which may be imposed on him under the law, the Re- ‘venue Officer referred to in sub-section (4) shall have the power to settle tenants on the land which such person is keeping in excess of the limits prescribed by this section : Provided that if the Revenue Officer fails to find tenants for the land, and in consequence thereof such person continues to occupy any land in excess of the prescribed limits, he will not be deemed to have contravened the provisions of this section : Provided further that in a case covered. by the first proviso the Revenue Officer will have the power to settle tenants on the land at proper time, whenever he is able to find suitable persons for this purpose. (6) Where a person has‘in accordance with the provisions of sub-section (2) or sub-section (3) made a choice with respect to the land which he is to keep for his personal cultivation, he shall not thereafter have the right to claim any other land”216 Tenancy [1887 : Act XVI in liew of the whole or part of that land, even though he may have'lost that land through alienation : Provided that he shall have the right of exchanging the said area of 50 acres or any part thereof withany land in which he may acquire proprietary rights, by inheritance, after having made the said choice : Provided further that if the land reserved by a person for Personal cultivation or any portion thereof is compulsorily acquired by the Provincial or the 1Gentral Government, oris rendered darya burd, or if 50 per centum or more of such land is rendered totally unculturable on account of the action of Sem or Thur, the said person shall be entitled to so much addi- tional area, as with the area, if any, still in his possession, and in the last mentioned case, the area fit for cultivation, will make up 50 acres. (7) Land attached to and used for the purposes ofa cattle~ farm ora stud farm recognised by Government shall be exempt from the provisions of this section. But an owner of any such farm shall not be entitled to retain for personal cultivation any other land, even though the land attached to such farm is less than 50 acres. Explanation—For the purposes of this sub-section a cattle ferm means a farm of agricultural land which is exclusively reserved for the purposes of breeding cattle, and a stud-farm means a farm of such land exclusively reserved for breeding of horses or mules. (8) A person who owns 25'acres of land or more shall not ‘be selected or given any land as a tenant under sub-section. (2), G), (4)or(S)and no tenant shall be allowed more than 25 acres as such, (@) Governmentmay, by notification in the official gazette; exempt any person or class of persons owning land or any land or class of land from the operation of this section. Explanation 1 —For the purposes of computing the area for personal cultivation an acre of unirrigated culturable land shall be counted as half an acre and the terms irrigated and unirrigated shall be defined by rules framed by Government under this Act, aind if there is in the opinion of thé’Govern- ment any land which does not fall under these two categories, ‘Now “Federal Government”, see P.O. 4 of 1975,18873 -Act XVI) Tenancy 277 the rules shall prescrible a separate category for it, and shall fix the ratio which such land shall bear in relation to irrigated land for purposes of such computation. Explanation 2—For the purposes of this section, land under a garden which is in existence on the date of the coming into force of the Punjab Tenancy (Amendment) Act, 1952, and which according to the nature of the trees planted isdeemed fully covered, shall not be treated as culturable even though any portion thereof may be fit or actually used for purposes of cultivation. But if'a garden is planted in any land after the coming into force of the aforesaid Act, the land thereunder shall be treated as culturable. Explanation 3—For the putpose of this section, if land, which according to the provisions of the revenue law fot the time being in force is banjar gadeem and is shown in revenue record as such is brought under cultivation or a garden is planted therein, shall continue to be treated as not cultur- able. Me Explanation 4—For “the purposes of this section culti« vation through any direct descendant of the person owning land or his wife or servant or hired labour shail be treated as personal cultivation by the said person. Explanation 5—For the purposes of this section a mort- gagee of land with possession, a tenant of Government land under {the Colonization of Government Lands (Punjab) Act, 1912], who has not acquired proprietary rights, a lessee other than a lessee of 2{Government] land, and an allottee whether provisional or permanent of land under the law for the re~ habilitation of refugees for the time being in force shall be deemed to be a person owning such land.] MIN. (a) Wany landlord— (#) recovers from any tenant anything in the shape of a cess, village cess or other contribution or due or any other free service in addition to the rent payable in respect of the land held by the latter under the former ; or ‘Act ting $3B BY Pb Act XV of 1955, for “Colonization of Crown Lands ‘2. Subs, by W.P,, A.O, 1964, for “Crown.” 3. Add. by Pb Act VII of 1952,28 Tenancy [1887-2 Act XVI (ii) recovers from the tenant-in lieu of the seed supplied to him anything in excess of the seed actually sup- plied ; or ii) ejects a tenant forcibly or against the Provisions of law ; or (®) if any person owning land contravenes the provisions ofsection 115 ; or (© ifany tenant refuses or fails to vacate anylandincom- pliance with an order passed by competent authority— Ihe shall be guilty of an offence punishable with imprisonment of either description which may extend to one year or fine or with both.) THE SCHEDULE [Repealed by the Amending Act (XH of 1891), S.2(1) and First Schedule}THE LAND ACQUISITION ACT, 1894 (Act Taf 1894) CONTENTS PART I PRELIMINARY Sscrions 1. Short title, extent and commencement. 2, [Repealed]. 3. Definitions. PART It ‘Acquistrion Prelieninary investigation 4, Publication of preliminary notification and powers of officers thereupon. 5, Notification that particular land is-necded for & public purpose or for a Companys s Objections. . SA. Hearing of objections. ‘Declaration of intended acquisition 6. Declaration that land is required for a public purpose. = 7, After'declaration Collector to take ofder for sequi- sition. : 8, Land to be marked out, measured and planned. 9, Notice to peréons interéste 10, Power to require and enforce the making of statements as to names and interests. *280 Land Acquisition tes Act I Sections -. 3. Enquiry into measurements, salve and claims, and award by the collector 1, Enquiry and award by Collector. 12. Award of Collector when! to be final, 12-A, Correction of mistake. 13. Adjournment of enquiry. 14. Power to summon and enforce attendance of witnesses and production of documents. 15, Matters to be considered and neglected. Taking possession 16. Power to take possession, 17. Special power in cases of urgency. PART UL REFERENCE TO COURT AND PROCEDURE THEREON 18. Reference to Court. 19. Collector's statement to the Court. 20. Service of notice. 21, Restriction on scope of proceedings, 22, Proceedings to be in open Court, 22-A. Gross objection. 23. Matters to be considered in determining compensation. 24, Matters to be neglected in determining compensation. 25. Rules as to amount of compensation. 26. Form of awards, 27, Costs. 28, Collector may be directed to pay interest on excess compensation. PART Iv APPORTIONMENT OF COMPENSATION . Particulars of apportionment to be specified, — . Dispute as to apportionment. $81994: dev fad Acgaisition 231 PART V PAYMENT 31. Payment of compensation or deposit of the same in Court. 32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate. 33. Investment of tnoney deposited’ in other caées.- “34.” Payment of intend : . PART VI sop tac, ny THMBORARY OccUPATION OF LAND 35. Temporary occupation of waste or -ardble land, Procedure when difference as to compensation exists. 36 Power to enter and take possession, and compensa- 8" “tion on restoration. ce as 10 condition of land, PART VI . ACQUISITION OF LAND FOR COMPANIES 38. Company may be authorised to-enter and survey. 38-A. Industrial concern to be deemed Company for cer tain purposes. 39. Previous consent of Commissioner and execution of ‘agreement necessary. 40, Previous enquiry. 41, Agreement with Provincial Government. 42. Publication of agreement, 43. Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies. 43-A. Restrictions on transfer, etc. 44, How agreement with Railway Company may be proved.282 Land Acquisition [1894 + AGES PART VII ‘MISCELLANEOUS . 45. Service of notices. 46, Penalty for obstructing acquisition of a 47, Magistrate to enforce surrender. : m 55. Completion of acquisition, not, compulsory, but com not, een pensation to be awarded when . Acquisition of part of house or building. Acquisition of land at cost of @ local authority or ‘Company. ‘ c get |. Exemption from stamp-duty and fees. Notice in case of suits for anything done in. pursuance of Act. Gode of Civil Procedure to apply to proceedings before Court, See Appeals in proceedings before Court, Power to, make rules..,Bas T 283 ‘THE LAND ACQUISITION, ACT, 1894 (ACY 1 OF 1894) © ‘ [2nd February, 1894] An Act to amend the Iaw for the acquisition of land for public . purposes and for Companies. «WHEREAS it is expedient to amend the law for the acquisi- tion of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:— - PART I 1 @) Fig Act may be called the Land Avquisition Act, extends to the whole of Pakistan} ; and © G) I hal come into fore on the first day of March 1894, 2. [Repeal]. Rep. partly by the Repealing nd Amending Act, 1914 (X of 1914), s. 3 and Schedule H, and partly by the ‘Repealing Act, 1938'( of 1938), s. 2 and Schedule. 2 Bet Jn this Act, unless there is something repugnant io the subjest or context, — ™(@) the expression “land” includes benefits to arise out + of larid, and things attached to the earth or perma~ nently fastened to anything attached to the earth : ¥; Yor tatearcnt ol cl kels ane reasons, see Gazette of 1892, zp fale Report of Set Comes Bs 1 mvp stones 1892, Bt. VI, 25, and ibid, «Th Acta en eared force.in Baluchistan ‘by the British Bani Ls wre Rapanton, 95 GL oT LD. Iga cn peo Pore De ele fro Upper Tana- waltgthoentont the Acts bein the" N-W.F-P.,- stitject (0 certain modifications, see N.W.F.P, “Upper Tamaval) (Excluded, Area) Laws Reguaon 1350 Phot ee the SWE ‘Tana 4 Lay ae guise, 20am (Gira tae) eed fea) fron Dou gee NWS Gumke Ereandiony, duet ESL. Ass; = ‘Karachi Development Sareea: ‘S.of 1957), s ‘Subs. by the Central Laws (Statute Reform) Ord Ord I ber 960 (Ord, XAT of stays 3 and 2nd Sch., with effect from the. Definitions.24 Land Acquisition (1894 : Act I (©) the’ éxpressio’ *parséa interested” idefbde all per- sons Seintage inferest in compensation to be made on account of the acquisition of land under this Act ; aad a person shall be deemed to be in- * pe isin in.gp easement, sizing he “ (© the expression “Collector” means’ the Collector of # disthict, and includes a Deputy Gorhiiitsfoner aid ahy officer specially appbinted by the Board of Revenue Gr Commissidiier} to peifrin thet ‘aio tions of a Collector undét this Act: ” ae 2{(d) the expression “Court” means. a. principal Civil Court of original jurisdiction, and includes the Court of any Additional District Judge and any Givil Judge whom the Provincial Government may ‘appoint, by name or by virtue of his office, to.per- form concurrently with any such principal Civil Court, allor any of the functions of the Court, under this Act, within any specified area ; provided that in the cate of a Civil Judge such functions shall be exercised only up to the limits of his Peeaniary jurisdiction } : \ (6 the expression. “Compasy"” means. a. Company registered under the #Indian Companies Act, 1882, or under the (English) Companies Acts, 1862 _Vi of 1882. 10-1890, or incorporatéd by am Act of Purliainent ‘of the United Kingdom] or s[by a: Pakigsucr law}, or by Royal: Charter .or Letters Patent Sfand includes. a. society. registered under the Societies Registration Act, :1860; and a registered society hin the ‘Uf tae *Co-operative Sovenes “of 1912 ‘Act, 1912) : w ‘tig expression “‘public purpose”: incaoa the pro- vision, of village-sites im districts. iar ‘whioh'® the ‘Provincial Govérnment] shall have declired by wr oR ber Seen asa ee 2 Subs. by W.P. Ord, XLEX of 1969, oe 11,3.° Now tbe Companies Act, 1913 (vat of 1915), 4. ‘Ins. by A.O., 1961, Art: 2 and Seti (det 23rd Martti, i 5. The original words the GA AO, 21987 atien ‘mended ty COD Mae 195, Sra a ae 6. of 1Sigj PY & Zot the Land Acquisition CAmendnent) Act, 1919 OCVEE 1. Subs. by A.0., 1937, for “Local Goverteatit”,Yese; ALTHY Lated Acquivttion 285 © notifidation in theofficial Gazette that it #4 cus- tomutry:for the Government to make . such provi- sion vad &) the following. persons ‘shall be deemed persons “entitled to act” as and to the extent hereinafter provided (that is to say)— trustees for other” péisons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same ‘extent as.the persons beneficially interested could Ihave acted if free from disability ; “x married Woman, in bases to which the Edglish law “is applicable, shall, be deemed the person, s6 en od to act, and whether of full age or not, to the ~ "same extent as if she were unmarried and of full age 5 and, . (no person shall bé déethed “entitled to act” whose whom ‘be.voitld otherwise be entitled to. act ; (di) in every such case the person interested. may appear by a next friend or, in default of his appearance by-ai ext friend, the: Collector or Gourty.as the case may bershall appoint a guardian for. the case : to act on his behalf in the conduct thereof ; ADV of 1982, iti) ‘the pfovisions of Chapter XKXI of thé 4Oode of * Givil Procédiite shall, tatty mmtandis;:apply in ‘the case of persons interested appearing. before a Collector or Court by anext friend, or bya guardian _ for the case, in. proceedings under this Act ; and 1. Now the Code of Givl Procedure, 1908 (V of 1908).286 Land Acquisition [1894.; Axte @) no person “entitled to act”. shall be-competent to receive the compensation-money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land land receive and give a good. discharge forthe por- cchase-money on a voluntary sale. PART Il ACQUISITION Preliminary investigation 4 1{(1) Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be Deatel for eay public puspone of for = Cottpaay, ‘a notifica- tion to that effect shall be published in the official Gazette, and the Collector shail cause public notice of the substance of such notification to be given at convenient places fn the said locality} . (2) Thereupon. it shall be Lawful for any officer, cither generally or specially authorised by "the Collector of the District] it this behalf, and for Bis servants and workmen,— to enter upon and survey and take levels of any tnd in such locality ; to dig or bore into the subsoil ; to do all ser acts necesacy to ‘ascertain whether the and is adapted for such purpose ; to sot out the boundaries of theiand proposed to be _ taken and the intended line of the work (if any) pro- pposed to be made thereon ; to ma mich Jere: bundarios an ines by placing tnarks and cutting trenches; and, where otherwise the survey cannot be completed and » the Jevels.taken and the boundaries and lines marked, tocutdown andclear away any part of any standing a srop; fence or jungle : 2° Subs, by W.P, Ord. XLEX of 1969, 5/4 (@). - 2 Subs, by W.P. Ord. XLIX of 1969 s. 4(b) for “Commissioner or the Board of Revenue” which ‘were previously subs., for “such Govern- ment”, by W.P. Act XVI of 1957,1894: Act I] ‘Land Acquisition 287 Provided that no person shall entes:into any building or upon any’ entclosed-court or garden-attached >to a dwelling~ ‘house (unless with the consent of the occupier thereof) with- out previously giving such occupier at least seven ‘dey ‘iotien in writing of his intention to do so; ~ a AIG) "The officet'so authorised’ shalt” atthe time of sweh entry pay or tndér payinéat for all necessary damage to ‘be done as aforesaid, and, in case of dispute as to the sufficiency of the amount'so paid oPtendered, he shall'at once refer the dispute to the decision of tite Collector or other chief revenoe officer of the District, and such decision shall-be final}. 3{5, Where land is to be acquiced for a public purpose, the Commissioner, and. where land is-to be- acquired for a Company, the Provincial Government, is satisfied, after con- sidering the result of the survey/if any, made undet. sub-section @) of section 4, or if no survey is necessary, at-any time, that sty -pattioalar land included in.a locality notified under-sub- section (I) of section 4 is eeded Tor 2 public purpose ora Gom- pany, as the case may be,-2 aotification to that effect shall be published in the official: Gazette, stating the district or other: territorial division in which the land is situate; the purpose for which it is needed, its approximate area and situation, and where a-platt has been made ‘of the land, the place where such plan may be inipetted, and the Collector shall catise public Tidtice td be given of the substance of the notification;at con venient places on or niear the lanid to be acquired.} "Objections Sige 88 ‘SA. (1) Any person interested in say tad hich bas been notifiedunder section Sas ‘being needed! for a public ‘purpose ig Soma mis thirty day¥ after the issue of the totification, objéct to the acquisition of the Jand or cof any land in the locality, g,the case may be. (Q) Every pbiection under, sub-section (1) shall, be madg_ to the Gollector in writing, and. the Collector. shall. give objector an opportunity of being heard either, in person ag by pleader and shall, after hearing all such objectigns, and after making such further inquiry, if any, as he thinks nédessary, submit t for the decision of the Comintisiorier together with the. second of the proceedings held by him and a reportiy mi 288 Land Acquisition [1894 : Act} containing his feconimendations on the objections.’ The decition of the Commissioner on the objections:shall be final. <2. -@) Where: land is needed,for a Company, the Collector shall, after making such enquiries as he'deems necessary, also make his recommendations to the Commissioner with: regard tthe as a ib enon i etonabl forthe purge. : (@) For the purpose of this. section; a person. shall be deemed to bp interested in land who would be eatitled to claim an interest in compensation. if the land were acquired under this Act]. : Declaration of intended acquisition: 6 £0 Satins 20 the mrovisions of Part VIE of thin Act ‘the {Commissioner} is satisfied, after: considening-the report, ifany, made usider section 5A, sub-cection (2),].that any fasticular land is needed for a public purpose, ( or far. 6 ‘Company, «declaration shal he made to thet effect under the siganture of 4{(Comimissioner] or of some officer duly autho~ tiséd ‘to certify {such} order : Provided that no such declaration shall be made pales the compensation to be awarded for such property: is to. be paid by a Company, or wholly or partly out,of public revenues or some fund controlled or managed by a local authority... (2) The declaration shall be published in the official Gazefte, and shall state the district or other tergitorial division in which the Jand ig situate, the purpose for which it is needed, its approximate |. where a plan have, been made of the Jand, the e such plan may be inspected, @) The said declaration shall be conclusive evidence the is needed for'a public purpose or for a Com- try With ee maybe and after making such declaration, the oni may acquire the land in manner herein aidan ea os (mec A, 1223 OFF CoRR 2. Subs, by W.P. Act XVI of 19ST, Tor “Government” which was subs., for “I ‘Local Government”, by AO., I “3, Sub. by WP. "fas XVI of 1987, for “6 Sessetary 10 such Govern- 4. Subs, id, for “its”,1894: Act T] Land Acquisition 289 1[(4) When the area in respect of which the said decla- ration is made‘is less than the area previously notified under sub-section (1) of section 4, such previous notificationi, so far as it relates to the excess area, shall be deemed to have been superseded by the said declaration.) . 7. ‘Whenever any land shall have beet so declared to be aceded for a public purpose or for a Company, the [Commis- sioner], or some officer authorised by the 2{Commissionér] in this behalf, shall direct the Collector to take order for the acquisition of the land, 8 The Collector'shall thereupon cause the land’ (unless It has been already marked out under section 4) to be marked out. He shall also cause it to be measured; and if no plan has been made thereof, a plan to be made of the same. (1) The Collector shall then cause public notice to be at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.. (2) Such notice’shall state the particulars of the land so needed, and shall require'all persons interested in the land to ‘appear personally or by agent before the Collector at a time ‘and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests and their objections (if any) to the measurements made under section’8. ‘The Collector may in any case require such statement to be made in writing and signed by the party or his agent. *~ (3) The Collector shall also servefnotice to the same-effect ‘oni the occupier (if any) of stich Jand and on‘all such persons known. or beli¢ved to be interested therein, ‘or to be entitled toract for persons so interested; @s reside of have agents antho- Tised: to receive service: their behalf, within the revenue- distiict im .which the land is situnte. ~ "4d In caie any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a ‘2. Added by W. ‘Ordinance XLIX of 1969, 5. J. Subs. by W.P. Act XVI of 1987, for “Provincial. Government” whic wer site” fOr LE by ROS After dece Collector to take order for acquisition, Land to be rked measured and planned Notice to“290 Landt-Acquisition [1894 : Aett letter addressed to‘him at his Jast known residence, adtiress or place of business and registered under: Part IIT of the "Indian Post Office Act, 1866. 2(5) The Collector shall also serve notice. of the.enquiry to be held under section 11 (such notice not being Jess than fifteen days prior to the date fixed under sub-section (2) for determination of claims and objections) on thé Department of Government, Ipcal authority or Company, as the case may be, for which land is being acquired, and require it to depute a duh authorised representative to attend the enquiry on its for the purpose of making objections (if any) to the measure- ment of the land, claims to any interest. in the land or the amount of any compensation. Such authorised represen+ tative shall be- a party, to the proceedings.) 10, (1) The Collector may also fequire any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date To Guisition), a statement containing, so far as may be practicable, the name of every other person ‘possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such in- terest, and of the rents and profits (if any) received or receiv- able on dccount thereof for three years next preceding the date of the statement. : : (2) Every person required to make ordeliver @ statement under this section! of section 9 shall be deemed to be legeTly ound to do so within the meaning of sections 175 and 176 of thé Pakistan Peiiat Code. : Enquiry ino measurements, value and claims;.and award by : the Collector: --* 11. On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire, into. the objections. (if any) which-any. person in- terested 3fand a Department of Government, a local authority, or a Gompany, as the cate may be], has stated pursuant toa notice given under section 9 to the measurements made uhder section 8, and into the value :of the land ‘{at the date.of the publication of the notification under section 4, sub-section 1. Now the Post Office Act, 1898 (VII of 1995). E . 2 Add. by WP. Ord. XLIX of 1968, 2.8... = 3. Ins. ibid 9. me ‘2. Ine. by Act XXXVI of 1923.” XLV of 1860,ActT] Land Acquisition 1 ()], and into the respective interests of the persons claiming the compensation and stall make an award under his hand 1 © the true area of the land ; (@) the compensation which in his opinion should be ~ allowed for the land ; and... {lif) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively ‘appeared before him. Collector or not, of the true area and value of the land, and the. apportionment of the compensation among the persons interested, @) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. 4f12-A. Any clerical or arithmetical mistake ir the award arising therein from any accidental slip or omission may, at any time, be corrected by the Collector either of his own motion or on the application of any of the parties.] 13, The Collector may, for any cause he'thinks fit, from time to time, adjourn the enquiry to a day to be fixed by Bima 14. For the purpose of enquiries under this Act the Collector shall have power to summon and enforce the atten- dance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same ‘means, and (so far as may be) in the same manner, as is provid- ed in the case of a Civil Court under the 2Code of Civil Pro- cedure. —_— ee 1. Ins by WP. Ord. XLIX 0f 196,210. 2 Now the Code of Civil Procedure, 1908 (V of 1908). Award of Collector when to be292 Land. Acquisition [5894 : Acted . 45, In determining the amount .of compensation the Collector shall be guided by the pravisions contained, in sec: tions 23 and 24. Taking possession 16. When the Collector has made an award under section 11; he may, subject to the provision of section 31], take pos- session’ of the land, which shall thereupon 2[vest absolutely in the {Government] free from: all-encumbrances. 4{17. (1) In cases of urgency, whenever: the Commis- sioner so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days fron. pub- ligation of the notice mentioned in syb-section (1) af section 9, take possegsion.of any land needed. for public purposes or for a Company. Such land shall thereupon. yest.absolutely in the Government, free fromall encumbranpgs : won Provided that thé Coinmissioner shall not issue any diree- tion to the Collector under this sub-section unless the Depart- ment of Government, the local authority, or Company, as the ase may be, for which the land is being acquired, hus fist de- posited the estimated cost of ‘acquisition of such land as deter- mined by the Collector of the district, keeping in view the pro- visions of sections 23 and 24, pes (2). Whenever, owing to any sudden change in the channel of any navigable river or other ‘unforeseen emergency, it be- ‘comes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of theit traffic or.for the purpose of making thereon a river-side ot ghat station, or of providing convenient connection with or access to any such station, or Whenever owing to a similar emergency it becomes necessary for the Commissioner to ‘acquire the immediate possession of any land for the purposes of mainjaining traffic over 2 public road, the Collector may, immediately after. the publication of the notice rijentioned in sub-bection (i) anid with the previous sanction of the Comntis- session of such land, which in the Government free from 1, Ina. by W.P. Ord. XLIX of 1968, s. 11. <2, Subs. by A.O;, 1937, for “vest absolutely én secon 3, Subs. by A.O., 1961, for “Copym™, wel. 23rd, 1» 1956., 4. Subs. by W.P. Ord. XLIX Of 1969, 2.12." * a1894: oti] Land Acquisition 293 . Provided that the Collector shall not take possession of any building or part of a building under this eub-gection with- out giving to the occupier thereof ‘at least forty-eight hours’ ‘noticeiof his intention so to do, or such longer nétice as. may ‘be reasonably -sufliciént to enable such occupier to remové his movable property fon! such building without unnecessary ‘inconvenience. - ' ) Inevery case under either of the preceding sub-sections ‘the Collector shail at the timie of taking pofsession offer to the Persons intérested ‘compensation for the stinding crops anid ‘trees (if any) on such land and for any otfier damage sustained ‘by them éaused by such sudden dispossession and not excepted fn section,24 ; and, in case such offer is not acoepted, the value ‘of such crops and trees and, the amount of such other damage shall be allowed for in awarding compensation for theJand under the provisions herein contained. . + 4-Q) Jn cases witeré in the opinion of the Commissiotier, the provisions Of sub-section (4) or sub-dtction (2) até applicable, the Commissioner may direct that the provisions of sections 5 ‘and 5-A shall not apply, and, if he does so direct, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under sub-section (1) ‘of section 4.) ost es eos PART I REFERENCE TO COURT AND PROCEDURE THEREON "HB" CLY Any perséin interested who’ has not accepted thé avatd mizy, ‘by written application to the Collector, require ‘that the matter be referred by the Collector tor the determi- nation of the Court, whether. his objection be to the measure- ‘ment of the land, the amount of the compensation, the person ‘to whom it is payable, or the apportionment of the compen ‘sation among the persons interested. (2) The application shall state the grounds‘on whic ob- Jestiqn, to. the, award is taken ; * ‘PYovided ‘that every-such pplication ‘shall-‘be made,—: GT We Person making W was pissetit oF represéited Before the Collector at the timé whén ‘he inade his Reference to Court,294 Land Acquisition (1894: Weer award, within six weeks from the date of the Col- lector’s award ; (©) in other cases, within six weeks of the receipt of the notice from the collector under section 12,.sub- section (2) or within six months.from the date of the Collector's award, whichever period shall first expire. 44(@) Notwithstanding anything to the contrary con tained in section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court with- in a period of six months from the date of announcement of the award ; provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and determination of the “objection against the award.) Collector's 19. (1) In making the reference, the Collector shall:state spiement to for the information of the Court, in writing under his hand,— (@) the situation and extent of the land, with particulars of any trees, building or standing crops thereon ; (@) the names of the persons whom ‘he kins reason to think interested in such land ; (©) the amount awarded for damages and paid or ten- dered under sections 5 and 17, or either of them and the amount of compensation awarded under . section 11 ; and @) if the objection be to.the amount of the compensa tion, ground on which the amount of compensation was determined. (2) To the said statement shall be attached a, schedule giving the particulars of the notices served upon, and of the Statesents in writing made 6r delivered by the pies" terested respectively. servke of 20, ‘The Court shall theretipon cause 2-noties specifying otc. the day-on which the Gourt will proceed to determine the ob- ‘Add. by W.P. Ord. XLIX of 1960.1994 : Act T] Land Acquisition 295 jection, and directing their appearance’ before ‘the court on that day, to be served on the following. persons, namely :— © the applicant; ®) all persons interested in the objection, except such Gf any) of them as ‘have consented without protest to receive payment of the compensation awarded ; and (©) if the objection is in regard to the area of the land or to the amount of the compensation, . the Collee- tor, Yfand the Department of Government, local authority or Company, as the case may be, for ‘which land is being’ acquired): 24" The scope of the inquiry in every such proceeding Shall be testrictd t0 a consideration of the’ interests of the persons affected by the objection.” 32: vty such prosceding shal txke place ia-open Court, and. all persons entitled to practise in any Civil. Court in the Province shal be ested to appear, plead and act (s the case may be) in such proceeding. 3{22-A. “The Provincial: Government, or a local autho- rity or a Company for which land is. being “acquired, may lodge a cross objection to the objection made by any person interested and the Court may reduce the amount awarded by the Collector. if it, considers it just.and proper.) 23, (1) ia determining the amount. of compensation to be awarded for land acquired under this Act, the Court shall tiike Into tonsidgration— , ftst,, the, market-value ofthe land at the date of the publication of the 3{notifi ‘under section 4, sub-section (1)]. “{EXPLANATION—For the “purpose of détermining ‘the, market-value, ttie Court shall take into account transfer’ of Jand similarly situated. and in similar ‘on scope of rocestings. Matters to red in deter- ‘ining com pensation. 1. Ins. by W.P,, Ord. XLIX of 1969, 2 Ins ibidja.48, » by thé Land sash Moly d Acguistion (Amendment Act, 1923 OCXXVIT A Add. by WP. Ord. XEX of 1969.”Land Acquisition [es : Ag use. The potential-value of the land to be acquired. © if. put to a different use shall only be taken into- consideration if it is proved that land similarly situated and previously in similar use has, before tHe date of the notifitation under sub-section (1) of section 4, been transferred witht a view to being: put to the use relied upon as affecting the potential value of the land to be acquired: Provided that— (@) if the market-vatue has-been increased in conse— quence of the land, being put to a use which is un- lawful or contrary to public policy that use shall disregarded and the market-value shall be deemed to, be the matket-value of the iand if it were put to ordinary use ; and Gi) if the market-value of say building bas been in- ereasediim consequence of the: building beihg so- ‘overcrowded as-to -be dangerous to the health - of: the: inmates, such: overcrowding’ ‘shall be dis and the market-value shill be deemed to be the market-value of the§building if occupied by such number of petsons only 2s can be acco- mmodated in it without risk of dangeéto health: from overcrowding.] secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the: ‘Collector's’ taking possession thereof ; thirdly, the damage (if any) sustained by the.persog, interested, at the time of the Collector's. taking: ~ -possession of the’ land, by reasoit'of" severity such. + Tand- from his other land ;“ * Fourthly, the damage (if any) sustained by the. perso . “interested, at’ the. time of the Collector's taking ~ oriitimovable, atyoth donee Beate Aifthly, if, in consequence of the acqnisition of the land. _ by the Collector, the, person interested..is compelled to change: his: residenoe--or: place: reasonable expenses, .GE,any), incidental. to suck change; and1994 : Act I] Land Acquisition 297 sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land, 4{@) In addition to the market-value of the land as above provided, the Court shall award a sum of fifteen per centum ‘on such market-value, in corisideration of the compulsory nature of the acquisition, if the acquisition has been made for & public purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Com- pany.) 24. But the Court shall not take into consideration— Jirst, the degree of urgency which has led to the acqui- sition ; secondly, any disinclination of the person interested . 40 part with the land acquired ; ‘thirdly-any damage sustained by him which, if caused by a private person, would not render such person liable to a suit ; Fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of . the declaration under section 6, by or in conse- ‘quence of the use to which it will be put ; Aifthly, any increase to the value of the land acquired likely to accrue from the use to which it’ will be put ‘when acquired ; sixthly, any incréase to the value of the othér land of the person interested likely to accrue front the use to which the land acquired will be put ; 6r seventhly, any outlay or improvements on, or disposal _ of the land acquired, commenced, made or effected Without the sanction of the Collector after the ate of the publication of the notification under section 4, sub-section (1)]. ~ 25, (1) When the applicant has made a claim to com: ‘pensation; pursuant to any notice given under section 9, the ‘amount ‘awarded to him by the Court shall not exceed the amount so claimed 3[****). eo ss ‘Bubs, by WP, Ord, XLIX of 2, , Subs. by the Land Acquisition (Amendment) Act, 1923 (XXXVI of 1923), 8, for “declaration under s. 6”. 3. ‘The words, “or be less than the amount awarded by the Collector under section 11” omitted by W.P. Ord. XLIX of 1969, 8. 17. Mattersto be ‘ing compen- sation. Rules as to amount of ‘compensa tion.298 Land Acquisition [1894 : Aeed (2) When the. 1. Ins. by Act XIX of 1921, 2, Subs, by W-P., Act IIT of 1969, s 2(@),for “interest on exczss at the rate of six per centum”. a .1894: Act} ‘Land Acquisition 299 _ ‘MProvided that in-all cases whete the Court has directed ‘that Collector shall pay interest on: such excess at the rate of six per Centum from'the‘date on “which possession was taken and the’ paymeist of compensation ‘or a part thereof has not been made up,to the commencement of' the Land ‘Acquisition (OWest Pakistan Amendment) Aci, 1969, the rate of compound interest on such excess on balance shall be eight per centurn.] <8 PARTIV APPORTIONMENT OF ' COMPENSATION 29. “Where there are several persons interested, “if such Persons agree in the apporticnmeit of the coipensation, the particulars of such apportionment shall be specified in the ‘award, and as between such persons the award shall be con- Glasive evidence. of the correctness of the apportionment, 30. When the amount of compensation has'been settled under section 11, if any dispute arises as to the apportionment Of the same or any part thereof, or as to the persons to whom the same or any part theieof if payable, the Collector may refer such dispute to the decision of the Court. PART ¥ PAYMENT 431. (1) When the Colléctor has made an award under fection 11— . (a) if the persons interested ‘entitled to compensation under the award and the Provincial Government accept the award and intimate their acceptance in writing to the Collector before the expiry of the period prescribed in sub-section (2) of section 18 for making an application to the..Collector for ts co”, geferring the award to the Court,.or in sub-section G) of the said section for referring the award to SS 1, Add, by W.P, ActIIl of 1969, 5. 244). 2. Subs. by W.P. Ord., XLIX of 1969, Particulars of apportion- ment to be specified. Dispute as to ‘apportion- ment. Payment of compensa- tion or deposit of the same in Court.300 Land Acquisition (0894, Aged the Court by the Provincial Government, whichever ig later, or if the period specified: in subsegtion.23, of the said section for making an application fo,the » Collector or in sub-section (3) for referring the award «to the,Court has expired and no such application or reference, has bgen made, the Collector shall, be- fore taking possession of the land, tender payment) of the full amount of compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned jin sub-section (2) ; (®) if the persons interested entitled to compensation ‘under the award or the Provincial Government object to the award and an application has been made to the Collector under sub-section (2) of section 18 for referring the awatd to the Court or the award has been referred to the Court by’ the Provincial Government under sub-section 3) of that section, the Collector. shall, before taking ion of the land, tender payment of the com- pensation awarded by him or the estimated cost of acquisition of such land.as determined by the Collector of the district under sub-section (1) of section 17, whichever is less, to the persons entilted thereto under the award and shall pay it to them unless prevented by some one or more of the contin ‘gencies mentioned in sub-section (2) : Provided that no payment under clause (b) shall ‘be made until the person entitled to compensation furnishes to the satisfaction of the Collector a security for refund of the amount, if any, which may subsequently be found to be in. excess of the com- pensation awarded to him by the Court.] Q) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the ‘apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted fo be interested may receive such payment under protest as to the sufficiency of the amount :1894: Aat ¥: Land Acquisition... 304 Provided also that no person who has regeived the amount otherwise than under protest shall be entitled to make any application under section 18 Provided Also that nothing herein contained shill affect tthe liability of any’ person, who may receive the whole or shy part of any compensation dvattded under this Act, to pay tHe ‘same to the person lawfully entitled thereto. (3) Notwithstanding: anything in this section. the Col- lector may, with the sanction of the 4[{Commissioner] instead of awarding © money compensation in:respect of any land, ‘totike any arrangement with a person having a limited interest in such land; either by the grant of other lands in exchange, ‘the remission of land-revenue on other lands held under the same fitle, or in such other way as miy be equitable having regard to the interests of the parties concerned. > (4) Nothing in the last foregoing sub-section shall be con- strued to interfere with, or limit the power of the Collector to-eciter.into any arrangement with any person interested in ‘the fand-and-competent to contract in respect thereéf. 32, (1) Ifany money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court. shiall— (@) order the money t6 be invested in’ the’ purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held, or () if such purchase carinot be effected forthwith, then %in “such Government or other approved securities as the Court shall think fit ; ‘and shall direct the paymerit of the interest or other proceeds arising from such investment to the person or persons Who ‘would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited ‘and invested until the same be applied— (Din the purchase of such other lands as aforesaid ; or 1, Subs. by W.P. Act XVI of 1957, for “Provincial Government”, ‘earlct subs,, for “Local Government”, by A.O., 1937.iil 302 Laid Acquisition (teme Ace® @) in payment-to any person or persons becoming absolately entitled thereto. (2) Jn all cases of moneys deposited to which this section snp iGo shall order thie costs of the following matters, including thergin -all reasonable charges. and expenses inci- dental thereto, to be paid by the Collector, namely (a) the costs of such irivestments as aforesaid ; (the costs of the orders for the payment of the i terest of other proceeds of the securities upon which such moneys are for the time being invested; : and for, the payment-out of Court of the principal’ of such », moneys, and of all proceedings relating thereto, ‘except-such as may be occasioned by litigation between adverse claimants. 33. When any money shall have been deposited in Court under this Act for cause other than that mentioned in'the last preceding section, the Court may, on the application of any party. interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and mmay direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested. therein the same benefit therefrom as they might Ihave bad from the land in respect whereof such money shall hhave been deposited or as near thereto as may be. 34. When the amount of such compensation is not paid ‘or deposited on or before taking possessionof the land, the Collector: shall pay the amount awarded with [compound interest at the rate of eight per centum} per annum from the time of so taking possession until it shall have been so paid or deposited 4:} ided that any waiver of the above right by the land- owner shall be void and he shall be entitled to the said interest notwithstanding any agreement to the contrary.] 1. Subs. by W.P. Act If of 1968, s. 2 (d) for “interest thereon at the ate of six per centurn”. 2. “The fullatop at the end of &, 34 replaced by the cofon and” the proviso added iid, s. 2 (d).1894 : Aet I] Land Acquisition: 303 wa PART VE seca “Tomporaky OCCUPATION OF LAND 38. (1) Subject to the provisions of Part VIE of this Act, whenever it appears to tho'f[Commissioner}: ‘that: the tempo- rary occupation and use of any waste or arable land are needed for any public purpos¢ or for a’ Company, the {Comimissioner] may direct the Collector to procure the occupation and use of the same for such térm as it shall think fit, not exceeding three years from the commencement of such occupation. 2{(2). The Collector shill cause public nétice-of the sub- stance of the direction to be given at convenient places.in the locality in which the land! is situate, and thereupon it shall be lawful for any officer, either generally or specially authorised by the Collector in this behalf, and forthe servants and work- men of such officer, to enter upon and survey and take levels of any land in'such tocality.} _ {(@) On seceipt of plans detailing the land acquired, the Collector shall give notice in writing to the persons interested in such Jand of the purpose for which the same is. steesled and shall, for the occupation and use thereof for such term as afore- said, ‘and fot the material, if any, to be taken therefrom, pay to then such ¢émpensation, either in a gross sum of inonéy or ‘by monthly or other. periodical payments’ as’Shilf be agreed upon in writing betwen im and’ ‘such person’ respectively.) 4(4)] 1m, case, the Collector and the persons. inter “Giffer as to the sufficiency of the compensation or apportionment ‘thereof, the Collector shall réfer such difference: to the déci of the Court,” . " beg ae 36. "(1) On payment of such compensation, Of Of execu- ting such agreement or on making & refgronce yader, section 435, the Collector may enter upon and: take pos af the land, and use. or permit the use Mircof in acrondades, with te tesme of the said notice. 2) On the expiration_of. the term, the Collector stall make or tender to-:the, persons interested opmpensation for Subs, by WP Act, XVI gf 1957, Se Mi, or Provingal G seat wid ete or SLat Govcea 6) A, HF 2. "Subs. by WP, Ord. XLIX of 1969, «19 (a. 3. . Ins, ibid., 8. 19(6). ‘4, Sub-section (3) was re-numbered as tub-section by’ W.P. ond. KtiK of 1983, 2 19°).‘to enter and survey. odustrial ‘concern to ie _ for cxtain 304 Land Acquistion [1894 Act T the damage (ifany) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein : Provided that, if the land has become permanently unfit to be used for the purpose for'which it was used immediately before the commencement of such term, and if the persons in- terested: shall so require, the 1{Commissioner] shall proceed under this Act to acquire the Jand as if it was needed per- manently for a public purpose or for Company. 37. In case the collector and persons interested differ as to the condition of the land at the expiration of the tetm, or as to any matter connected with the said agreement, the. Col- lector ‘shall refer such difference to the decision of the Court. PART VII ACQUISITION OF} LAND FOR COMPANIES 38. (1) The Commissioner may authorise any officer of any: Company desiring to acquire land for ‘its purpote to ‘enercive the powers conferred by sub-section (2) of section 4,] (2) in every such case section 4 shall be construed ag if for the words “for,such purpose” the words “for the purposes of the Company” were substituted ; and 3{sub-section (3) of section 4] shall be construed as if after the words “the officer” the words “of the Company” were inserted. 438-A. An industrial concern, ordinarily employing ‘not-Jess than one hundred workmen owned by an individual or by an association of individuals and not being a Company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of ‘ansenities. directly connected therewith shall, so far as con- ‘cerns the acifuisition of such land, be deemed to be a Company ‘for the’ plirposes of this Part, and the references to Coinpany in sectons 5A, 6, 7, 17 and 50 shall be interpreted as references also to such concern.] 4, Sobs: by WP. Act XVI of 1987, Sc, IIL fo “Provincial Gover- smenit, which ad been subs for“Local Goverment”, by A.0. 1937. “BE ‘Sobe. by W.P. Ord. XLIX of 1968, 3. Subs. ibid for “Section 5°. 4, Ins, by the Land Acquisition (Amendment) Act, 1933 (XVI of 1953),1894 : Act N Land Acquisition 305 39. The provisions of- sections 6 to 37 (both inclusive) shall not be put in force in order to acquire land for any Com- il pany, unless with the previous consent of the 1{Commissioner] stoner] nor unless the Oompany shall have executed the agreement 324 exeu- mentioned. hereinafter agreement ‘ecessary. 40. (1) Such consent shall not be given unless the 4{Com- Previous missioner] be satisfied, either on the report of the Collector eduiry. vunder section 5-A, sub-section (2), or] by an enquiry held as hereinafter provided— 3[(@) that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities, directly connected therewith, or ‘“{(aa) that such acquisition is needed for the construction of some building or work for a Company. which is engaged or is taking steps for engaging itself in any industry or work which is for @ public purpose, or) @) that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the” public}, S[or] (©) that the area proposed to be acquired is reasonable + for the ‘5 purpose.} @® Such enquiry shall be held by such officer and at such time and place as the 2[Commisstoner] shatt appoint. {G) Such officer may summon and enforce the atten- dance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 7Code of Civil Procedure in the case of a Givil Court, Subs, by W.P. Act XVI_ of 1957, Sch, III, for “I 1, ‘Provincial Govern- ‘ment™ which had been subs,, for “Local Government”, by A.O., 1937. 2, Ins. by the Land Acquisition (Amendment) Act, 1923 (OCKVII of 13%). ae ay Sub. by Act XV1 of 1933,s.3, for the original Clauses (2) and (B). Ins. by WE. Ord. 1 of 1965. Subs. by W.P. Ord., XLIX of 1968, for the full-stop, Add. ibid, ‘ Now the Coge of Civil Frocedare, 1908,306 Land Acquisition (1994: Act Agreement 41. 1[* * *] If the2{Commissioner] is satisfied after ‘wih Pro-:. considering the report, if any, of the Collector under section Yael neni, 5A, stb-section (2), or on the report of the officer making am inquiry under section 40] that 4{the object'of the proposed in ‘acquisition is to obtain land for one of the purposes referred to clause (a) or clause (aa) or clause (6) of sub-section (1) of section 40} She] shall §{* * *] require the Company to ‘enter into an’ agreement Twith the Provincial Government], pro~ viding to the satisfaction of the 2[Provincial Government] for the following matters, namely :-— (J) the {payment to the Commissioner] of the cost of the acquisition ; (2) the transfer, on such payment, of the land to the ‘Company ;,, " (@).the terms on Which the Tand shall be held by the Company ; : * (4) where the acquisition is for the purpose of erecting Gwelling houses or the provision of amenities con- nected therewith, the time within which, the con- ditions on which and the manner in which the dwel- fing houses or amenities shall be rected or prom vided ; and : (5) where the acquisition is for a purpose falling under Clause (6) of sub-section (1) of section 40, the time sea a tho Bete ort es et Ed cguton (Ande) Fe tion, RE 525 GOON of 1538), 110. . dome) 2 Sube, by WH. Act XVT of 1957, Sch, , for “Provincial Govern- ‘nett which had been subs., for “Local Government", by 4.01937. 3. Ins. by Act XXXVEII of 1923. . a” 4, Subs. by W.P.Ord. XLIX of 1969 s, 22 (a) for “the of the ‘acquisition is to obtain land for the erection of ling houses rrorkmen' ‘oy the Company or for the provision of amenitics directly ‘herewith Or that the proposed anquistion is Beeded for ‘the construction of a work; and that such work is likely. ‘to ‘prove useful to ‘the public.” 5, Sub. by W.P. Act XVI of 1957, for “it”. ay cis Te wede enjeto ueh mumaeG.GoG par tom ie tine prearbe eball™, Fe. Devolution Governor am, + Zand Seb. "7. Subs. by A.O., 1937, for “with the Secretary of State ‘for India Council.” in 8 Subs, ibid, for “payment to Govt.” 9, Subs. by Act XVI of 1933, s. 4, for the original clauses (4) and (5). Clause (5) was later, subs. by W.P. Ord. XLIX of 1969. XIVot tem.1894 : Act I] Land Acquisition 307 within which and the conditions on which the work shall be constructed and maintained.) 42. ‘Every such agreement shall, as soon as may be after its execution, be published [* * *] in the Official Gazette] 3fand the acquisition shall be deemed to have been made subject to the terms of such agreement). 43, The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the ‘Land ‘Acquisition Act, 1870, shall be deemed never to have applied, to the acquisition of land for any Railway or other Company, for the purposes of which, funder any agreement with such Company, the Secretary of State for India in Council, the the Secretary of State, {the 7[Federal] Government or any Provincial Government] is or was bound to provide land]. %{43-A. No Company for which any land is acquired under this part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift, lease or otherwise, except with the previous sanction of the Provincial Govern- ment.) 44. In the case of the acquisition of land for the purpose of a Railway Company, the cxistence of such an agreement as is mentioned in section 43 may be proved by the produc- tion of 2 printed copy thereof purporting to be printed by ‘order of Govérnment. PART VI MISCELLANEOUS 45. (1) Service of any notice under this Act shall be made by delivering or tendering 2 copy thereof signed, in the case of #’ notice under section 4, by the officer therein men- tioned, and, in the case of any other notice, by or by order of the Collector or the Judge. “The words “in the Gazatte of India and also” rep. by A. 2, Subs, ibid, for “local official Gazette”. 3, Subs, by W-P. Ord. XLIX of 1969, 3,23, for “and shall thereupon (Go far 2s regards the ierm on which the public shall be entitled 10 use the ‘Sorby have the satne effect as ifithad formed part of this Act.” ‘4. Rep. by this Act. ° ‘5. Subs. by A.0., 1937, for “under any agreement Between. such the Scarctary 937. company and ‘of State for India im Council, the Govt. is, oF ‘was, bound to provide land”. “ "g, Subs, by AO, 1949, Sch, for “or any Government in British 7. Sobs. by Pb. A.O. 1 of 1974. Ins, by WP, Ord. XLIX of 1969. i QPenalty for ‘obstructing ‘Magistrate to enforce surrender. 308 Land Acquisition [1994 weed 2) Wheiever it may be practicable, the. service of the notice shall be made on the person therein named. 3) When such person cannot be found, the service may be made on any adult male member of his family residing with him ; and, if no such adult male member cai be found, the notice may be served by fixing the copy. on the outer door of the house in which the person therein named ordinarily dwells or carries on business,or by fixing a copy thereof in some conspicuous place in the odice of the officer aforesaid or of the Collector or in the court-house, and alsa in some conspicuous part of the land to be acquired : Provided that, if the Collector or Judge shall so direct, 2 notice may be sent by post, in a letter addressed to the person ‘named therein at his last known residence, address or place of business and registered. under Part II of the 'ndian Post Office Act, 1866, and service of it may be proved by the pro- duction of the addressce’s receipt. 46, Whoever wilfully obstructs any person in doing any of the acts authorised by section 4 or section 8, or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding fifty rupees, or to both, 47. If the Collector is opposed or impeded. in taking possession under this Act of any land, he shall, ifa Magistrate, enforce the surrender of the land to himselfand, if not a Magis- trate, he shall apply to a Magistrate [* * * *} and such’ Magistrate 3[* * *] shall enforce the surrender of the land to. the Collector. 48. (1) Except in the case provided for in section 36, the {Commissioner} shall be at isborty to withdraw from ioe acquisition of any land of which possession has not beén taken. (2) Whenever the [Commissioner] withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner 1. Now the Post Office Act, 1898 (VI of 1898). 2 The words and brackets, “or (within the towns, of Calcutta, Mad- ras and Bombay) to the Commissioner of Police”, omitted by A.O., 1949, rey oma NOES ta bracts, “a Commins (a8 the ue "may 4, Sub. Wy WP, Ord. YOOX of 196, ead with WP. Ord. XVI of 1957, for “Government”. XIV of 1866.1894 : Act I} Land Acquisition 309 “in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person inferested, together. ‘with all costs reasonably incurred by him in the prosecution of the proceedings ynder this Act relating to the said land. & The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation pay- able under this. section. 49. (1) The “provisions of this Act shall not be put in fotce for the purpose of acquiring a part-only of any house, nisnufactory or other building, if the owner desires that the ‘whole of such house, manufactory or building shall be so acquired : Provided that the owner may, at any time before the Col- lector has made his award under section 11, by notice in writing withdraw or modify his expressed desire that the whole of such ‘house, manufactory or building shall be so acquired : Provided also that, if any question shall aise as to whe- ther any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the deter- mination of such question to the Court and shall not take pos- session of such land until after the question has béen deter- mined. In deciding on sich a reference, the Court shall have regard to the question whether the land proposed to be taken 4s reasonably required for the full and unimpaired use of the ‘house, manufactory or building. (2) If, im the case of any claim under section 23,-sub- section (1), thirdly, by:a person interested, on account of the severing of the land to be acquired from his other land, the {{Commissioner] is of opinion that the claim is unreasonable or excessive, 2{he] may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms : part. G) In the case last hereinbefore provided for, no fresh declaration or other proceedings under sections 6 to 10, both inclusive, shall be necessary ; but the Collector shall without delay furnish a copy of the order of the Commissioner] to 1: Sus WER Bek XV Of 1957 Seb Hh forte “Provincial Govero- ment” which had been subs. for Government”, by A.O., 1937. 2. Subs, by W-P. Act XVI of 1957, for‘it”,pty 310 Land Acquisition (1894: Act the’ person interested, and shall thereafter proceed to make his award under section 11. 50, (1) Where the provisions of this Act are put in force: for the purpose of acquiring land at the cost of any fund cont- rolled or managed by a local authority or of iny Company, the charges of and incidental to such acquisition shall be defrayed from or by such fund or Company. 4{(1-A) Any charges to be defrayed from the funds of = local authority or a Company under sub-section (1), may be recovered, in addition to any other mode of recovery provided. in any other law, as arrears of land revenue. (2) In any proceeding held before a Collector or Court iin such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation : Provided that no such local authority or Company shal tbe entitled to demand a reference under section 18. 51. No award or agreement made under this Act shalt bbe chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same. 52, No suit or other proceeding shall be commenced or Prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends, ‘53, Save in so far as they may be inconsistent with any- thing contained in this Act, the provisions of the 2Code of Givil Procedure stiall apply to all proceedings before the Court under this Act. ‘454. Subject to the provisions of the Code of Civil Procedure 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any pro- XIV of 1882. ceedings under this Act to the High Court from the award, or ~ 1. Ins. by W.P. Ord. XLIX of 1969. “2. Now the Code of Civil Procedure, 1908. toa 90+ BY te Land Acquistion (Amendment, Act, 1821) OK of s1994 : Act I Land Acquisition au from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid, an appeal ‘shall lie to 3{the Supreme Court} subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in order XLV thereof-] 55, (1) The %Provincial Government] shall {* * *] Power to have power to make rules consistent with this Act for the ‘aah rales, guidance of officers in all matters connected with its enforce- fhent, and may from time to time alter and add to the rules so made. ae * . * . 4 (2) The power to make, alter and add to rules under sub- section (1) shall be subject to the condition of the rules being ‘made, altered or added to after previous publication. @) All such rules, alterations and additions shall 5{* *] be published in the official Gazette, and shall thereupon have -the force of law. 7. Subs. by A.0,, 1961, for “His Majesty in Council”. 2. Subs. by A.O., 1937, for “Local Government”. 3, The words “subject to the control of the G.G. ia C.”, which had een ins, by the Decentralization Act, 1914 (1V of 1914), were rep. by 8. 2 Bn F'of the Devolution Act, 1920 CXXXVIIT of 1 ? “The proviso which bad been added by ¢. 2 and Sch, I of the Devor ‘Act, 1920 (XXX VIII of 1920), was rep. by A.O., 1937. ‘The rords “when sanctioned by the G.G. in C" were rep, by the fon Act, 1914 (AV of 1914), s. 2and Sch, Part I.313 THE PRISONS ACT, 1894 CONTENTS CHAPTER I PRELIMINARY ‘SecTIONS 1 3 3 2 Title, extent and commencement. [Repealed]. Definitions. HAPTER II MAINTENANCE AND OFFICERS OF PRISONS }. Accommodation for prisoners. Inspector-General. 5. Officers of prisons. ‘Temporary accommodation for prisoners. CHAPTER IIT Domes oF OFFICERS Generally Control and duties of officers of prisons. ). Officers not to have business dealings with prisoners. Officers not to be interested in prison-contracts. ‘Superintendent ‘Superintendent. . Records to be kept by Superintendent.314 Prisons (1894: Act IX Sections Medical Officer 13. Duties of Medical. Officer. 14. Medical Officer to report in certain cases, 15, Report on death of prisoner. Jailer 16. Jailer. 17. Jailer to give notice of death of prisoner. 18. 19, Jailer to be present at night, 20, Powers of Deputy and Assistant Jailers. Subordinate Officers 21. Duties of gate-keeper. 22, Subordinate officers not to be absent without leave, 23, Convict Officers. CHAPTER IV ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS 24, Prisoners to be examinedjon admission. 25. Effects of prisoners, 26, Removal and discharge of prisoners. OHAPTER V Discieine OF PRISONERS 27. Separation of prisoners. 28. Association and segregation of prisoners. 29, Solitary confinement, 30. Prisoners under sentence of death.1894 : Act IX] Prisons 3S ‘Sections CHAPTER VI Foop, CLOTHING AND BEDDING OF C1VIL AND UNCONVICTED ORMAINAL PRISONERS 31, Maintenance of certain prisoners from private sources, 32, Restriction on transfer of food and clothing between certain prisoners. 33. Supply of clothing and bedding to civil and uncon- victed criminal prisoners. HAPTER VII EMeLovaenr oF PRISONERS 34. Employment of civil prisoners. 35. Employment of criminal prisoners. 36. Employment of criminal prisoners sentenced to simple imprisonment. CHAPTER VIII HEALTH OF PRISONERS 37. Sick prisoners. 38, Record of directions of Medical Officers. 39, Hospital. CHAPTER IX ‘Vistrs To PRISONERS 40. Visits to civil and unconvicted criminal prisoners, 41. Search of visitors. CHAPTER X OFFENCES IN RELATION TO PRISONS 42. Penalty for introduction or removal. of Prokibited articles into or from prison and communication with prisoners.316 Prisons {1994 : Act IX ‘SECTIONS 43. 44. 45. 47. 49, 31. 33. 55. 56. 57. Power to arrest for-pffence under section 42. Publication of penalties. ‘OHAPTER XI ‘PRISON-OFFENCES Prison-offences. . Punishment of such offences. _ 7 Plurality of punishments under section 46, Award of punishments under sections 46 and 47. Punishments to be in accordance with foregoing sections, ‘Medical Officer to certify to fitness of prisoner for punishment, Entries in punishment-book. . Procedure on committal of heinous offence, ‘Whipping. . Offences by prison subordinates. CHAPTER XII MISCELLANEOUS ‘Extramural custody, control and employment of pri- soners. Confinement in irons. Confinement of prisoners under sentence of trans- portation in irons, Prisoners not to be ironed by Jailer except under necessity. Power to make rules. [Repealed]. Exhibition of copies of rules, . Exercise of powers of Superintendent and Medical Officer. : THE SCHEDULE—{Repealed}.317 ITHE PRISONS ACT, 1894 (Act IX of 1894) a [22nd March, 1894) ‘An Act to amend the law relating to Prisons. ‘Wumenas it is expedient to amend the law relating to prisons in 2{Pakistan), and to provide rules for the regulation of such prisons : It is hereby enacted as follows :-— CHAPTER I PRELIMINARY . 1. (1)'This Act may be called the Prisons Act, 1894, Title, extent hole of Paki ‘mencement, 3{(2) It extends to the whole of Pakistan.} Li] @) It shall come into force on the first day of July, 1894, (4) Nothing in this Act shall apply to civil jails in ‘(Sind and the {Karachi Division}, and those jails shall continue to be administered under the provisions of sections 9 to 16 (both inclusive) of “Bombay Act II of 1874, as amended by subsequent enactments. A. of see Gazette of nod bu¥'p. 1d for Reportol the Scect Comme at fonProceedings in Counc, ace ibid, PU VL, pp. 10 2195, 135 ati It has been extended to the Leased Areas of Baluchistan, see the Areas avn) Order. 1950 (6.6.0. IK of 1950), and applied in, the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, pe Excluded Area of Upper Tanawal other shan Fir ye Wee {Upeer Tanawa} ‘Arca Laws and declared to be inforce in that area with effec from Sues NWR Gazette, Extraordinary, ais god arity ve Carere canta, eee subs. by AD. wold ats for “British India”. vaen’s Se TN ne ln tate Roser Laws (Revision and tnd Declaration) Ace 195° GOT 195) 3). ste Sof A-0.= 1949, Scho for “the Presidency of Bombay ‘out- A.O., 1964, Art. 2 Sch., for “I Territory of Karachi® Sila BAO 196A 2 he Repalng ‘Orde ‘ance 1961 Of 1960). a3 ad bd Se oF Capal othe Renennis 6, The Civil Jails Act, 1874,318 - Prisons 41894 : Act IX 2 [Repeat Rep: by the Repealing Act, 1938 (I of 1938), 5.2 and Schedule. 3, Infthis Act— (Q). “prison” means any jait or place used. permanently or temporarily-under the general or special orders of a ‘Provincial Government] for - the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not ifclude— @ any place for the confinement -of prisoners wate are exclusively in the custody of the ®) ere lace specially appointed by the 1{Provincial Government] under section 541 of the 2Code of o¢ Criminal Procedure, 1882 ; or 1882. {© any- place which thas been dectared by the Government], by general or special order, to be a subsidiary jail : (2) “criminal prisoner” means any prisoner duly com- mitted to custody under the writ, warrant or order ‘of any Court or authority exercising criminal juris- diction, or by order of a Court-martial : (@) “convicted. criminal prisoner”. means any criminal prisoner under sentence ofa Court or Court-martial, and includes a person detained in prison upder x o¢ the provisions of Chapter VIII of the 2Code of 1882. _ Griminal Procedure, 1882, or under the *Prisoners },0f Act, 1871: " () “civil prisoner” means any prisoner who is nota criminal prisoner : G) “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences ‘of, pri- ” soners in jails : (©) “history-ticket” means the ticket exhibiting sich information as i required in respect of each pri- _somer by this Act or the. rules thereunder ; Manda) tt 8 tb1894 : Act IX} Prisons 319 (@) “medical subordinate” means an Assistant Sur ‘ge0n, Apothecary or qualified Hospital Assistant : and (9) “prohibited article” means an article the introduo- tion or removal of which into or out of a prison is prohibited by any rule under this Act. CHAPTER 11 MAINTENANCE AND OFFICERS OF PRISONS 4. The *[Provincial Government] shall provide, for the Accommo- Prisoners in the territories under such Government, accom- ‘ation for modation in prisons constructed and regulated in such manner ‘85 to comply with the requisitions of this Act in respect of the ‘separation of prisoners, 3{5. Directors of Prisons shall be appointed for the Directorsof areas to be defined bythe Provincial Government, and shall Prisons. ‘exercise, subject to the orders of the Provincial Government, the general control and superintendence of prisons and the staff employed in the prisons in the respective areas for which they are appointed.) 6. For every prison there shall be a Superintendent, a Oficers of ‘Medical Officer (who may also be the Superintendent), Pr#°0% Medical Subordinate, a Jailer and such other officers as the 'Provincial Government] thinks necessary : 5 i a ‘“{Provided further that in the Punjab the [Provincial Government] may appoiat for any prison a Deputy Superin- tendent instead of a Jailer, and an Assistant ‘Superintendent instead of a Deputy or Assistant Jailer, and these officers when 40 appointed shall exercise, the same powers, shall discharge the same duties, and shall be subject to the same disabilities as Jailers and Deputy or Assistant Jailers respectively.) 7. Whenever it appears to the #[Director of Prisons) that Temporary ‘the number of prisoners in any prison is. greater than can ‘ation oe conveniently or safely be kept therein, and it is not convenient prisona, ‘to transfer the excess number to some other prison, 1937, for “Local Government: Subs. by WIP. Ord. XOXV of 1962, Del. by A.0,, 1949. I... Add. ty Pb. Act IX of 1926, ‘5. Subs. for “Inspector General,” by W.P. Ord. XXV of 1962.‘Control and 320 Prisons [1994': Act 1X ‘or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer and in such man- ner as the "Provincial Government] may direct, for the shelter and safe custody in temporary prisons. of so many of the pri- soners as cannot be conveniently or safely kept in the prison. CHAPTER Ill Dortss oF OFmicens Generally 8. All officers of a prison shall obey the directions of the ‘Superintendent ; all officers subordinate to the Jailer shall per- form such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section 2[59]. 9. No officer of @ prison shall sell or let, nor shall any person in trust for or employed by him, sell or let or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner. 10. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or in= direct, in any contract for the supply of the prison ; nor shalt hhe derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to 2 prisoner. Superintendent A. (1) Subject to the orders of the [Director of Prisons) the Superintendent shall manage the prison in all matters re Iating to discipline, labour, expenditure, punishment and control. (@ Subject to such general or special directions as may be given by the {Provincial Government], the Superintendent of a prison other than a centraf prison ora prison situated int 1. Subs, by A.O., 1937, for “Local Gavernnsént.” 2. Subs. by A.0., 1937, for “60”. 12, Sube, by W. P. Ord, XXKV of 1962, for “Inspector General”1894 ; Act IX} Prisons au 4 presidency-town shall obey all orders not inconsistent with ‘this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the ‘Director of Prisons] all such orders and the action taken thereon. 12. The Superintendent shall keep, or cause to be kept, the following records — (1) a register of prisoners admitted ; (2) a book showing when each prisoneristo be released ; (3) @ punishment-book for the entry of the punish- ‘ments inflicted on prisoners for prison-offences ; ) & visitors’ book for the entry of any observations made by.the visitors touching any matters con- nected with the administration of the prison ; (9): record of the money and other articles taken from prisoners ; and all such other records as may be prescribed by lles under section 592] * * 9] Medical Officer __ 13... Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the ptison, and shall perform such, duties as may be pres- cribed by rules made by the Provincial Government] under section 4[59]. 14, Whenever the Medica! Officer has reason to believe that the mind of a prisbner is, or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, ‘the Medical Officer shall report the case in writing to the Super intendent, together with such observations as he may think Proper. This report, with the orders of the Superintendent there- ‘on, shall forthwith be sent to the {Director of Prisons] for information, Subs, by W.P. Ord., XXV of 1962, for “Inspector General”, 2, The words and figures “or ection 60” rep. ty A.O., 1937, 3. Subs. by A.0,, 1937, for “Local Government”, 4, Suba, did, for “60”, Hion death of prisoner. Jailer to, give prisoner, ‘Responsibic Jity of Jailer. Jailer to be present at sight. 322 Prigons [1894 : ActIX 15. Onthedeath of any prisoner, the Medical Officer shall forthwith tecord in a register the following particulars, so far as they can be ascertained, namely: - (1) the day on which the deceased first complained of illness or was observed to be ill, (2) the labour, if any, on which he was engaged on that day, (3) the scale of his diet on that day, (4) the day on which he was admitted to hospital, (5) the day on which the Medical Officer was first in~ formed of the illness, (© the nature of the disease, (1) when the deceased was last seen before his death by the Medical- Officer or Medical Subordinate, (8) when the prisoner ‘died, and (8) (incases where a post-mortem examination is made) an account of the appearances after death, together with any special remarks that appear to, the Medical Officer to be required. . Jailer 16. (1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to resi ié else Where. (2) The Jailer shall not, without the 4 Director of Prisonz’] sanction in writing, be concerned in any other employment. 17. Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate. . aw 18, The Jailer shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confined to his care, and for the money and other articles taken from prisoners. 49. The Jailer shall not be absent from the prison for.a night without permission in writing from the Superintendent ; but, if absent without leave for a night from unavoidable neces sity, he shall immediately report the fact and the cause of it to the Superintendent. 1, Subs. by WP. XXV of 1962, for “Inspector General's”.1894 : Act IX] Prisons 323, 20, Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall, subject to the orders of the Superinten- dent, be competent to perform any of the duties, and be subject, to all the responsibilities, of a Jailer under this Act or any rule thereunder. Subordinate Officers 21, The officer acting as gate-keeper, or.any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any petson suspected of bringing ‘any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and if any such article or property be found, shall give immediate notice thereof to, the Jailer. 22, Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from ‘ie Jailer! 23. Prisoners who have been appointed as. officers of prisons shall be deemed to be public servants within the mean- ing of the Pakistan’ Penat Code. , OHAPTER IV ApMission, REMOVAL AND DISCHARGE OF PRISONERS 2A. (1) Whenever a prisoner is admitted into prison, he shall be searched, and.all weapons and prohibited articles shall bbe taken from him. | @ Every criminal prisoner shalt also, as soon as possible ‘after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in.a book, to‘be kept by the Jailer, a record of the state of the prigoner’s health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous im- prisonment, and any observations which the Medical Officer thinks fit to add, ., @) In.the case of female prisoners the search and exami- ‘atiog shall be carried out by the matron under the general or special orders of the Medical Officer. ___ 25 All money or other articles in respect whereof no ‘order of a competent Court has been made, and which may with proper authority be brought into the prison by” any eri- Prisoner to ‘on admis Bifects of prisoners.324 Prisons (1894: ActaX minal ptisoner or sent to the prison for his use, shall be placed in the custody of the Jailer. Removal and 26. (1) Al prisoners, previously to being removed to SGuE° any other prison, shall be examined by the Medical Oificer. @) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal. @) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe. CHAPTER V DISCIPLINE OF PRISONERS: Separion 21, The requisitions of this Act with respect to the sor Prisoners. paration of prisoners are as follows :— (1) in a prison containing female as well as male prisoners, the females shall be imprisoned. in se- parate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners ; (2) in @ prison where male prisoners under’ the “Age of ‘A{twertty-one} are confined, means shall be provided for separating them altogether from the other pri- soners and for separating those of them who have arrived at the age of puberty from those who have not ; @) unconvicted criminal prisoners shall‘ Kepe ‘pact from convicted criminal prisoners ; and () civil prisoners shall be kept apart from criminal prisoners. ‘Association 28, Subject to the requirements: of the last’ foregoing and section, convicted criminal privoners thay be Confied ia 'asso- Hon of ciation or individually in cell Or parttyin one way and” party in the other. 1. Subs. by the Prisons (Amdt) Act,'1930 (V1 of 1930), 8, 2, for1894: Act BH} Prisons 328 29, No cell shall be used for solitiry confinement unless itis furnished with the means of enabling the prison to com- ‘municate at any timé with an officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours, ‘whether as a punishment or otherwise, shall be visited at. least once a day by the Medical Officer or Medical Subordinate, 30. (1) Every prisoner under sentence of death shall, im- -mediately on his arrival in the prison after sentence, be searched. ‘by, or by order of, the Jailer and all articles shall be. taken from ‘him which the Jailer deems it dangerous or inexpedient to leave in his possession. (2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed, by day and by night, under the charge of a guard. § _ : CHAPTER VI Foop, CLOTHING AND BEDDING oF CrVvjL AND UNCONVICTED ‘ORDMINAL PRISONERS 31. A civil prisonet or an‘ unconvicted criminal prisoner -shall be permitted to maintain himself, and to purchase, or Fhéeive froms'ptivate sources at proper hours, food; clothing, pedding or other necessaries, but subject to examination anid to such rules as may be approved by the [Director of Prisons}. $0. WNo part of any food, clothing, bedding or other ‘acéesdiries’ belonging to any civil or unconvicted criminal prisoner siall be-given, hired or sold to any other prisoner ; End any’ prisoner transgressing the provisions of this section ‘ose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks ‘proper. 33, (1) Every’ civil prisoner and unconvicted criminal prisoner unable to provide hiniself with sufficient clothing and bedding shall be supplied by. the Superinteadent with, such ‘clothing and bedding as may be necessary. . (2) When any civil prisoner has been comioitted to prison jin execution of a decree in favour of a private ‘person, such person, or his representative, shall, within forty-cight hours ‘after the receipt by him of a demand in writing pay tothe Super- intendent the cost of the Clothing and bedding so supplied to the prisoner ; and in default, of such payment the prisoner may be T. Subs. by Solitary ‘confinement.ofawl Prisoners. of erminal ‘Prisoners. Employment of criminal ‘prisoners: sentenced to simp Prisoamest. Sitk priso- 326. Prisons [1896.2 Act ‘GHAPTER VIT EMPLOYMENT OF PRISONERS - 34. (1)-Civil prisoners may, with the Superintendent's: perinjssion, work and follow any trade or profession. (2) Givit prisoners finding their own implements, and not maintained at the expense of the prison shall be allowed to receive the whole of their earnings ; but the earnings of such as are furnished with ‘implements or are maintained at the expense of the prison shail be subject to a deduction to be de- termined by the Superintendent, for the use of implements and the cost of ‘maintenance. 35. (1) No criminal prisoner Sentencéd to labour or ‘employed on labour at his own desire shall, except on an emer- gency with the sanction in writing of the Superintendent, be Kept to tabour for mére than nine hours in any one day. (2) The Medical Officer shail from time to time examine the labouring prisoners while they are employed, and shall ‘at least once in every fortnight cause to be recorded upon the. history-ticket of each prisoner employed on labour the weight of sach prisoner at the, time. (@) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class: of labour, such prisoner shall not be employed on that labour ‘but shall be placed on such other kind or class of labour as the Medicat. Officer may consider suited for him. 36. Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminat prisoners sentenced to simple imprisonment ; but.no prisoner not sentenced: to’ rigorous imprisonment shall be’ punished for tieglect of work excepting by such alteration inthe scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner. CHAPTER Vill HEALTH. OF PRISONERS 37. (1) The names of prisoners desiring to see the Medicat Subordinate or appearing out of health in mind or body shail,1894: Act IX] Prisons 327 without delay, be reported by the officer in immediate charge of such prisoners to.the Jailer. (2) The Jailer shall, without délay, call the aitention of the “Medical Subordinate to, any_prisoners desiring to see him, or who is ill, or whose; state of mind or body appears to require attention, and shall carry into effect all written directions given “by the Medical Officer or Medical Subordinate respecting “alterations of the discipline or treatment of any ‘such-prisoner. 38, Alldirections given by thie Medical Officer or Medical ‘Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner's history-ticket’or in such other record as the 4{Provincial.Gavernment] may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of cach direction the fact of its having been or not having been com- ‘plied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry. ° 39. In every prison an hospital or proper place for the reception of sick prisoners shall be provided. : OHAPTER IX ‘VisrTs TO PRISONERS 4. Due provision shall be made for the admission, at proper times and under-proper restrictions, into every prison of persons with whom:civil or unconvicted cfiminal prisoners snay desire to communicate, care being taken that so far as may ‘be consistent with the interests of justice, prisoners under trial ‘may sée their duly qualified legal advisers without the pre- sence of any other person. . . 41. (1) The Jailer may demand the name and address of any visitor to a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched but the search shall not be made in the presence of any prisoner or of another visitor. ES (2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny.him admission ; and the grounds of such proceeding, with the particulars thereof, shall be entered in.such record as the {Provincial Government] may direct. 1. Subs. by A‘ i chee EEE 1937, for “Local Government.”Page Of penalties. 328 Prisons 11894 : Act IX GHAPTER X OFFENCES IN RELATION TO PRISONS 42. Whoever, contrary to any rale under section [597 introduces or removes or attempts by any meahs whatever to introduce or remove, into or from any prison, or supplies or -atténipts to supply to any prisoner outside the limits-of a prison, any ‘prohibited article, . and every officer of ¢ prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or re moved from. any prison, to be possessed by any prisoner, or to ‘be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any such rules, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by thir section, ‘ shall, onc onviction before a Magistrate, be liable to im- Prisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both. 43. When aay person, in the presence of any officer of a Prison, commits any offence specified in the last foregoing sec- tion, and refuses on demand of such: officer to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer sinall pro- ceed as if the offence had been committed in his presence. 44, The Superintendent shall cause to be affixed, in a ‘conspicuous place outside the prison, a notice in English and the Vernacular setting forth the acts prohibited under section 42 and the penalties incurred by their commission. CHAPTER XI PRISON-OFFENCES: 45. The following acts are declared to be prison-offences when committed by a prisoner :— (1) such wilfol disobedience to any regulation of the Prison as shall have been declared by rules made under section 59 to be a prison-offence ; a |. Subs. by A.O., 1937, for “60”,1894: Act IX) Prisons 329 @ any assault or use of criminal force 5 (3) the use of insulting or threatening language ; (4) immoral or indecent or disorderly behaviour ; (S) wilfully disabling himself from labour ; (6) contumaciously refusing to work ; (7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority ; (8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment. (9) wilful mismanagement of work by any prisoner sen- teticed to rigorous imprisonment ; (10) wilful damage to prison-property ; (11) tampering with or defacing history-tickets, records or documents ; (12) receiving, possessing or transferring any probibited article ; (13) feigning illness ; (14) wilfully bringing a false accusation against any officer or prisoner ; (15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or pre aration to escape, and any attack or preparation for attack upon any prisoner or prison-official ; and (16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid. 46. The Superintendent may examine any person touch- ing any such offence, and determine thereupon, and punish such offence by — () a formal warning : cae . Explanation—A. formal warning shall mean a .. ~Warning personally. addressed to -a prisoner by the ‘Superintendent and recorded in the punishment- book and on the prisoner’s history-ticket :330 Prisons [1896 : Act IX @) change of labour to some more irksome or severe form {for such period as may be prescribed by rules made by the {Provincial Government] ; 3) hard labour fora period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment ; (4) such loss of privileges admissible under the remission system for the time being in force as may be pres- cribed. by rules made by the ‘%{Provincial Govern ment] 5 (5) the substitution of gunny or other coarse fabric for clothing of other material, not being ‘woollen, fora Period which shall not exceed three months ; (© imposition of handculis of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the ®[Provincial Gov- ernment] ; (D) imposition of fetters of such pattern and weight, in such manner and for such period, as may be Prescribed by rules made by the {Provincial Gov. ernment ; ® separate confinement for any period not exceeding Explanation—Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other Prisoners (9) penal diet, that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the 2[Provincial Govern- ment] : Provided that such restriction of diet shall in no case be applied to a prisoner for more than Ins. by &, 2(@) of the Prisons (Amdt) Act, 1925 (XVII of 1925). 2. Subs, by A.O.. 1997, for “Local Government.” 3. Subs. by Act XVII of 1925, for “Six”,1894 : Act IX] Prisons 331 ninety-six consecutive hours, ‘and ehall not be repeated except for a fresh offence nor until after an interval of one week ; (10) cellular confinement for any period not exceeding fourteen days : Provided that after each period of cellular confinement: an interval of not less duration than such period must elapse before the prisoner is ‘again sentenced to cellular or solitary confienment : Explanation—Celtular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners ; ye . * . . . 7 4 3(11)] penal diet as defined in clause (9) combined with cellular] confinement {* * *] ; 4(12)] whipping, provided that the number of stripes shall not exceed thirty : Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping. 4{47. (1)] Any two of the punishments enumerated in the Jast foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely :— (1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section ; ) penal dict shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be — Original clause (11) was rep. and clauses (12) and (13) were re ‘numbered as (14) and (12), respectively, by Act XVII of 1925, 2. Subs. ibid, for “solitary”, 3. The words “as defined in clanie (11)", rep., bid, ‘4. "The original section 47 was renumbered as section 47 (1), iblé, Pluraity of ‘unshments ‘section 46,Award of 332 Prisons {1894 : Act IX ‘combined with any period of penal diet awarded in combination with !fcellular] confinement ; 2(3) cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable ;] (4) whipping shall not be combined with any other form of punishment except cellular 3fand] separate confinement and loss of privilege admissible under the remission system ; 4{(5) no punishment will be combined with any other punishment in contravention of rules made by the ‘S[Provincial Government.] 4{(2) No punishment shall be awarded for any such offence 20 as to combine, with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for any such offence.] 48, (1) The Superintendent shall have power to award punishments any of the punishments enumerated in the two last foregoing sections 46 sections, subject, in the case of separate confinement for a period and 47. tobe in exceeding one month, to the previous confirmation of the {Director of Prisons). (2) No officer subordinate to the Superintendent shall have power to award any punishment whatever. ts 49, Except by order of a Court of Justice, no punish- ment other than the punishments specified in the foregoing ‘min forego- sections shall be inflicted on any prisoner, and no punishment ‘ing sections. rail be inflicted on any prisoner othierwise than in accordance with the provisions of those sections.” , s 2, for Subs. by the Prisons (Amdt,) Act, 1925 (XVII of 1925) waolitary” 5 - 2, Bubs, ibid, 8. 3. 3, Subs, by the Repealing and Amending Act, 1914 (X of 1914), s. 2and Sch. I, for “or”. 4, Ins. by Act XVII of 1925. 5, Subs. By A.O., 1937, for “Local Goverameat”.* & Subs. by W.P, Ord. XXV of 1962, for “Inspector General”.1894 > Act IX) Prisons 333 50. (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to ‘whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appro- priate column of the punishment-book prescribed in section 12. (2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary. @) In the latter case he shall state what extent of punish- ‘ment he thinks the prisoner can undergo without injury to his health, Het “SL. (1) In the punishment-book ibed in section 12 Entries in @ Puni prescril there shall be recorded, in respect of every punishment inflicted, the prisoner’s name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which the was guilty, the date on which such prison-offence was com- mitted, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, the punish- ment awarded, and the date of infliction. (2)-In the case of every serious prison-offence, the names of ‘the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the ‘Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and;the finding with the reasons therefor. @) Against the entries relating to each punishment the Jailer and Superintendent shall affix their initials as evidence of the correctness of the entries. ‘52. Ifany prisoner is guilty of any offence against prison- Procedareon discipline which, by reason of his baving frequently com- mitted such offences or otherwise, in the opinion of the Super- offence. intendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, ‘the ‘Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first Pl Sees Sitios Lerten wit 5 tenant Magistrate” the Prisons. i Pie Aa Ke, i5t0 ot1si0y 3.2, oma By Book. ofWhippi Offences by ubordinates, Bateamural Sante! ind 3s Prisons 11894. :-Act IX of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46: \pProvided that any such case may be transferred for in- quiry and trial by the District Magistrate to any Magistrate Of the first class * * J: Jand Provided also that no person shall be punished twice for the same offence. 53. (1) No punishment of whipping shall be inflicted in instalments, or except in the presence of the Superintendent ‘and Medical Officer or Medical Subordinate. (2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in.case of prisoners under the age of sixteen it shall be inflicted, in the ‘way of school discipline, with a lighter ratan. 50. (1) Every Jailer or officer of a prison subordinate 10 1him who shall be guilty of any violation of duty of wilful breach ‘or neglect of any rule or regulation or lawful order made by ‘competent authority or who shall withdraw from the duties of tis office without permission, or without having given previous notice in writing of his intention for the period of two. months, ‘or who shall wilfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding, two hundred rupees, or to imprisonment for a period not exceeding three months, or to both. (2) No person shall under this section be punished twice for the same offence. CHAPTER XII MISCELLANEOUS: '56., A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working — 1, Subs. by the Prisons (Amdt) Act, 1910 (KILI of 1910), 2. 2(2) for original proviso. the 2, The words “and by a Chief Presidency Magistrate to aay other Presidency Magatrate” omitted by A.0., 1949.1994 + Act IX} Prisons 335 outside or is otherwise beyond the limits of any such prison in of under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison shall be subject to all the same incidents as if he were actually in prison. 56. Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the 4fDirector of Prisons} with the sanction of the {Provincial Government], so confine them. ‘57. (1) Prisoners under sentence of 3[imprisonment for life] may, subject to any rules made under section 4[59], be confined in fetters for the first three months after admission to prison. (2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the [Director of Prisons] for sanction to their retention for the period for which he-considers their retention necessary, and the [Director of Prisons] may sanction such retention accordingly. 58, No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in. case of urgent necessity, in which ease notice thereof shall be forth- with given to the Superintendent, 59. [The Provincial Government] may make rules consistent with this Act— (Q) defining the act which shall constitute prison offences ; (2) determining the classification of prison-offences into serious and minor offences ; 1. Subs. by W.P. Ord. XXV of 1962, for “Inspector General”. “2. Subs. by A.O., 1937, for “Local Government.” 3 Babi, by Ord. XII of 1972, for “transportation”. 4. Subs. by A.0.,.1937, for “60”... 5S. Subs. ibid, for “The G.G. in C, may for India, and Sich Local Govern ©. ny fo any pat of Bh tn ‘may for the territories under its ” employmen Of prisoners. in irons.336 Prisons (1894 : Act IX ) the punishments admissible under this Act which shall be awardable for commission of prison- offences or classes: thereof ; ) declaring the circumstances in which Acts consti- tuting both a prison-offence and an offence under the Pakistan Penal Gode may or may not be dealt with as a prison-offence ; (5) for the award of marks and the shortening of sen- tences ; 1{s0, however, that @ sentence of imrison- ment for life is not shortened to a period of im- prisonment less than 15 years] ; (©) regulating the use of arms against any prisoner or body of prisoners in, the case of an outbreak or attempt to escape ; (7) defining the circumstancesand regulating the condi- tions under which prisoners in danger of death may be released ; %(8) for the classification of prisons, and description and construction of wards, cells and other places of detention ; (9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons ; ] (10) for the government of prisons and for the appoint- ment of all officers appointed under this Act ; (II) as to the food, bedding and clothing of criminat prisoners and of civil prisoners maintained other- wise than at their own cost ; (12) for the employment, instruction and control of con- victs within or without prisons ; (13) for defining articles the introduction or removal of which into or out of prisons without due autho rity is prohibited ; (14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour ; 1. Ins. by Ord. XII of 1972. 2. Subs by A.O., 1937, for the original clauses (@) and (9).1894: Agt IX) Prisons 337 (15) for regulating the disposal of the proceeds of the employment of prisoners ; (16) for regulating the confinement in fetters-of prisoners sentenced to Y{imprisoument for life] ; (17) for the classification and the separation of pri- soners ; (18) for regulating the confinement of convicted criminal prisoners under section 28 ; (19) for. the preparation and maintenance of history- tickets ; - (Q0) for the selectioi, ‘and appointmedt of prisoners as officers of prisons 5 (21) for rewards for good conduct ; (22) for regulating the transfer of prisoners whote term of {imprisonment for life or shorter] or imprison- ment is about to expire ; subject, however, to. the consent of the Provincial Government of any other Province to which a prisoner is to be transferred ; (23) for the treatment, transfer and disposal of criminal Junatics or recovered criminal lunatics confined in prisons ; (24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends ; (25) for the appointment’ and guidance of visitors of prisons; (26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under xof section 541 of the Code of Criminal Procedure, 1882, and to. the officers employed, and the prisoners confined, therein ; (27) in regard to the admission, custody, employment, dicting, treatment and release of prisoners ; and OSS “tr° Bubs; by Ord: IL of 1972, for “transportation” 2. ‘Now the Code of Criminal Procedure, 1898 (V of 1898).338 Prisons (1894: act TK (28) generally for carrying “nto eect the purposes of this Act. ©. [Power of Local Government 10 mike rales}: Rep. by A.0., 1937. 61. Copies of rules, under {section 59] so fir as they affect the government of prisons, shall be ‘exhibited, both in ‘English and in the Vernacular, in some place to which all persons employed within a prison have access 62. All or any of the powers and duties conferred and imposed by this Act’on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the 2[Provincial Government] may appoint in this behalf either by name or by his official designation. THE SCHEDULE-—{ENACTMENTS REPEALED]. Rep. by the Repealing Act, 1938 (I of 1938); s. 2 and Sch: 1. Sobs. by A.O,, 1937, for “sactions 59.and 60", - 2. Subs. ibid., for “Local Government.”0) “Tape rroRMAToRy SCHOOLS Act, 107” (Act VIII of 1897) - a CONTENTS ‘T—PRELIMINARY SecTions . 1. Title and extent. 2-3. [Repealed], 4. Definitions. T—Rerouatory Scitoors : 5. Power to establish and discontinue Reformatory = sroSehools, 6. Requisites of schools. Inspection of Reformaiory Schools. 8. Power of Courts to direct youthful offenders to be sent to Reformatory Schools, 9. ‘Procedure where Magistrate is not empowered to pass an order under section 8, 10. Power of Magistrates to direct boys under fifteen sentenced to ‘imprisonment. to be sent to Refor- matory Schools. 11. Preliminary inquiry and finding as to age of youthful of 12,. Government to determine Reformatory ‘School to which such offenders shall be. sent. 13, Persons found to be ‘over cighteen years not to be detained in Reformatory Schools. 14, Discharge or removal by order of Government. 15. Agreement between Provinces. 16. Certain orders not subject to appeal or revision, III—Manacemenr oF REFORMA1ORY SCHOOLS 17. Appointment of Superintendent and Committee of Visitors or Board of Management.340 SECTIONS 18. Superintendent may license 2 youthha offenders to em- ployers of labour. 19. Cancellation of license. 20. Determination of license. 21. Cancellation of license in case of ill-treatment. 22, Superintendent to be deemed guardian of youthful offenders. Power to apprentice youthful offender. 23. Duties of Committee of Visitors. 24. Powers of Board of Management. 25, Power to appoint Trustees or other Managers of school to be a Board of Management. 26. Power of Board to make rules. IV—Ormnees TN RELATION TO ‘REFORMATORY Scuoors 27. Penalty for introduction or ‘removat ot wupply of prohibited articles and communication with youth- fal offenders. . 28. Penalty for abetting-escape of youttul. offender. 29. Arrest of escaped youthful offender: ‘V—MISCELLANEOUS: 30. [Repealed]. , 31... Power to deal in other ways with h youthful. offenders including girls. 32. Procedure when youthful offender under detention in a Reformatory School is' again convicted and sen- tenced.Sat 1THE REFORMATORY SCHOOLS ACT, 1897 < (Act VIE of 1897) {lich Merck, 1800) Am Act fo ainend the law reléting to Riformitory Schools and ‘toamake further provision for ddiling with youthfol offenders. ‘Wureas it is expedient to amend the law relating to Re- formatory Schools and to make farther provision for dealing with youthful offenders ; Tis hereby enacted as Follows :-— I—Pretnawary 1. (1) This Act may be called the Reformatory Schools Act, 1897: 4**}., . 4 ee ee . 4 31) Thisttection and séttion 2 shall extend to 4{she whole ‘of Pakistan}. [The other sections shall extend-in the first instance to Sind and the Karachi Division and East Pakistan, but the Governinent “of [the Punjib} may ‘at any time, by notification jn the Official Gazette; extend thése’ sections to other parts of 6fthe Punjab] from such day as may"be fixed in any such notification.] —~Snlen e ‘or statement of aa may aes for kepor abe ste conan oe 44,1391, Bai and oad 1B ROVE pp an Hanis ail ‘fn Bahichistan by the rs i "Si AUSF, Sada ‘Wh extended to of Bihiciat, we the ‘Leased Order, 1950 GSo3 Sof ss ‘applied the sages of, seh BBE To tad” thecal fo “The word “ sub-beation (Hi 5 eRe and Amending Ack A914 OK oF 1910) a3 aad A.0., 1949, Sch, for the original subsection (3) ax smeated by, 1997, . rt 3 ean RR eae a oh ug oy amend, Ror Bere 6. Subs. by Pb, AO. E of 1974, for “West Pakistan”,m2 Reformatory Schools (1897 : Act VINE 2 saad. 3. [Repeals.) Rep. bythe ‘Repeating Act, 1938 (L of 1938), 5.2 and Schedule. 4. In this Act, unless there is anything repugnant in the subject or cbntext— (a) “youthful, offender” means any boy who bas, ben: ‘eonvicted:of any.offence punishable with transpoe- tation or imprisonment and who, at the time of + such conviction, was under the age of fifteen years : (®) “Inspector-General” includes any officer appointed ‘by the {Provincial Government] to perform all or any of the duties imposed by this Act on the Inspector-General : and eof oe te TI—REFORMATORY SCHOOLS 5, 4% * *] The [Provincial Government] may— ¥ (a) establish and maintain Reformatory Schools at'suchy. cos places as it may think fit. ee : toe Es = a ‘5 ci @) wse as Reformatory Schiod|s kept by persons willing: “ to act in conformity with such rules, Consistent with this, Act, as the 1Provincial, Gor may prescribe in this behalf ; bey ___.(@) direst. that any school_so established or used shall @ease.to.exist as a Reformatory School or, to be “ubed 08, such. - ne oe 6. ,Bvery school so established or ysed must provide— (@ ‘sufficient means of separating the inmates at nighi 5 (@) proper sanitary arrangements, watcr-supply, food, .-.. slothing gad. bedding for the youthful offenders {©) the means of giving such youthful offenders in- dustrial training ; . o 1. Subs. by A.0., 1937, for “Local Government.” 2, Clause (©) initted by A.0., 1949, Soli * GG. inc” rep 3. ‘The words “with the previous sanction of the by the Decentralization Act, 1914 (IV of 1914), s, 2and Sch.,1897 Sct VE) Reformaibry Schools ‘343 (a) an infirmaty or proper place for the reception of such youthful offenders when sick: 7. (A) Bvery school intended to be established or used as a Reformatory. School shall, before beitig used as such, be inspec- ted by the Inspector-General, and if he finds that the require- ments of section 6 have been ‘complied with, and that, in his ‘opinion, such school is fitted for the reception of such yguth- ful offenders as may be sent there under this Act, he all certify to that effect, and such certificate shall be pubis jin the 1[Official Gazette], together withan order of the pe vincial Government] establishing the school as 4 Reformatory ‘School or directing that if shall be used as such, and thé: School shall thereupon be deemed to be a Reformatory School. 7) Every such school shall, from time to.time, and at least once in. every year, by the said Inspestor‘General, swho shalt send to the 2[Pro1 condition of the school in,such form as the 2Rpovinciat Gor, ernmicnt] may prescribe. * 8 (1) Whenever any youthful offender is sentenced to teansportation or imprisonment, and. is, , in, the- judgment of. the Court by. which ‘he is sentenced, °a. proper :petson to be -an inmate of a “Reformatory Schook, ‘the. Court may, subject to any rules ‘made -by the 2[Provincial Govern= meat), direct that, instead of undergoing his’ semtehee; he shall’ be sent ‘to- éuch a school, and'be'there detained for a period which shall ‘be hot less’ than three ‘or ‘more than’ even years. @ ‘The’ powers so‘confered on the court by this section shaill'Be exercised otily by (a) the High Court, (B) a Court of: Session, (c) a District Magistrate, and @-any Magistrate specially empowered by the Provincial Government] in this behalf, and nmay be exercised by’stich Courts ‘Wwhiéther thb‘case comes before them origitillly ot on’ vappeafi _® Te “,Provineid.Gavernment] may make rules for— Sum, by A.O,, 1997, for “local oficial Ganeti. : 2. Subs. ibid., for “Local Government.” Inspection of Reforma tory Schools,Saad Reformaipry Schools (1897 ;. act VT {q) defining what youthful offenders should be sent to Reformatory Schools, having-regard to the nature of their offences or other considerations, and @® regulating the periods for which youthful offenders may be sent to such schools according to their ‘ages or other considerations. 9. (1) When any Magistrate not empowered to pass an order under the last foregoing section is of opinion youthful offender convicted by him is a proper person to be an inmate of 9. Reformétory School, he may, without passing sentence, retord such opjnion and submit his forward the youthful offender to the Magistrate to whom ria ‘is subordinate. + QThe ‘Magistrate to whom the, proceedings ie so. sub- ‘mitted may make euch further inquity (if any) ae he may think fit and pass such sentende and order for the detention in a Reéformatory School of the youthful offender, or otherwise, as he might have passed if such youthful offender had’ been originally tried by him. 10. ‘The officer in charge of a prison in which » youth- ful offender is confixied, in execution of a sentence of-imprison- menG} may bring hit, if he bas not then attained the age of fifteen. years, befory: the District Magistrate within. whose jurisdigtion such prigon is situate ; and.such Magistrate may,, if suph youthful offender appears to be a proper .person to be an inmate-of a, Reformatory. School, direct that, instead of undergoing the residue of his sentence, he shall be sent to a Reformatory School, and there detained for a period which shall be subject to:the same limitations as are prescribed by or under section.8, with reference ta the period of detention thereby : authorised. to : 4. (1) Before directing any youthful offender ta be sent toa Reformatory Sehgql under section 8, section 9, or section 10, the Court or Magistrate shall inquire into the question of his age’ aid, after taking such evidence-“fif any) as may be ~ deemed. necessary, chall-secord-a finding thereon, stating bis. age as nearly as tay be, “ For rules made under this clause by the Punjab Government, see Punjib Gasste dated the 2nd October, 1903, Exteaordinary, p. 3+{1897 : Act VENT] Reformatory Schools 345 (2) Asimilar inquiry shall be made and finding recorded by every Magistrate not empowered to pass an order under sec- tion 8 before submitting his proceedings and forwarding the youthful offender to the District Magistrate as required by section 9, sub-section (1). : 12, Every youthful offender directed by a Court or Magistrate to be sent to a Reformatory School shall be sent to such Reformatory School as the 3[Provincial Government] may, by general or special order, appoint for the reception of youthful offenders so dealt with by such Court or Magistrate = Provided that, if accommodation ina Reformatory School is not immediately available for ‘such youthful offender, he may be detained in the juvenile ward or such other suitable part of a prison as the #[Provincial Government] may direct— (@ ‘until he can be sent to a Reformatory School, or _"'@) until the term of his original sentence expires, whichever event may first happen. Should the term of his original sentence first expire, he shall thereupon be released, but should he be sent to a Reformatory School, then the period of detention previously undergone shall be treated as detention in a Reformatory School. 13. (1) If at any time after a youthful offender has been sent to a Reformatory School it appears to the Gommittee of Visitors or Board of Management, as the case may be, that the age of such youthful offender has been understated in the order for detention, and that he will attain the age of eighteen years before the expiration of the period for which he has been ordered to be detained, they shall repost the case for the orders Of the "Provincial Goverament]. (2) No person shall be detained in a Reformatory School after he has been found by the '{Provincial Government] to Ihave attained the age of eighteen years. 14. The ![Provincial Government] may at any time any youthful offender— . . {@) to be discharged from a Reformatory’ School ; 1, Subs, by A.O,, 1937, for “Local Government.” it346 “Reformatory Schools 11897: Act Vin ©) 10 be removed ‘from one Reformatory School to another such school situate within the territories subject to. such’ Government’: Provided that the Whole period of his detention in a Reformatory School shall not be increased by such removal. 415. The Provincial Governments of any two! Pro- vinces may after’ mutual agreement, generally of specially, notify in their respective Official Gazettes that any Reformatory ‘School situated in one of he Provinces shall be available for the reception’ of youthful offenders directed to be sent to a Reformatory School-by any Court or Magistrate in the other Province and may thereupon make provision for the removal _ of youthful offenders accordingly). 16. Nothing contained in the Code of Criminal Pro- cedure, 1882, shall be construed to authorise any Court or ‘Magistrate to alter or reverse in appeal or revision any order Passed with. respect to the age of a youthful offender or’ the . Substitution of an order for detention in & Reformatory School for transportation or imprisonment. TIL—MANAGEMENT OF REFORMATORY SCHOOLS: 47. (1) For the control and management of every Re- formatory School, the [Provincial Government] shall appoint cither (a) a Superintendent and a Committee of Visitors, or (8) 8 Board of Management. @) Every Comimittee and every Board $0 appointed mast ‘consist of not less than five persons, of whom two at least shall be 4{3[citizens of] Pakistan.] @) The "Provincial Government] may suspend or re- ‘move any Superintendent or any Member of a Committee or Board so appointed. 1. Subs: by AO, 1937: . 2,_Now the Code of Criminal Procedure, 1898 (V of 1898), 3.” Subs, by A.O, 1937, for" Local Government.” 4. Subs. by A.O,, 1949, Sch, for "Natives of pubs, by AO, 1961, Act 2and Sch. for “British subjects domi ‘ciled in” (with effect from the 23rd March, 1956). Kof 1882,1997 : Act VII] Reformatory Schools 347. 18. .(1) Every Superintendent so appointed may, with the sanction of the Committee, by license under his hand, permit any youthful offender sent to a Reformatory School, who has attained the age of fourteen years, to live under the charge of any trust-worthy and respectable person named in the license, or any officer of Government or of a Municipality, being an employer of labour and willing to receive and take charge of ‘him, on the condition that the employer shall keep such youth- ful offender employed at some trade, occupation or calling. (2) The license shall be in force for three months and no longer, but may, at any time and from time to time until the expiration of the period for which the youthful offender has been directed to be detained,:be renewed for three months at a time. 19, The license shall be cancelled at the desire of the employer named in the license. 29, f during the term of the license the employer named therein dies, or ceases from business or to employ labour, ‘or the period for which the youthful offender has been directed to be detained in the Reformatory School expires, the license shall thereupon cease and determine. “21. If it appears to the Superintendent that the employer has ill-treated the youthful offender, or has not adequately provided for his lodging and maintenance, the Superintendent may cance! the license. 22, (1) The Supetintendent of a Reformatory School shall be deemed to be the guardian of every youthful offender detained in such school, within the meaning of 4Act No. XIX of #850 (concerning the binding of apprentices). (2) If it appears to the Superintendent that any youthful offender licensed under section 18 has behaved well during ‘one or more periods of his license, the Superintendent may, with the sanction of the Committee, apprentice bini under the provisions of the said Act, and on such apprenticement’ the right to detain such youthful offender in a Reformatory School shall cease, and the, unexpired term (if any) of his sentence shall be cancelled, 4, The Apprentices Act, 1850. ay of labour.Duties of ‘Committee of Visitors, Powers af us Reformatory Schools (1897°: Act Vite , 23. (1) Every Committee of ‘Visitors appointed under section 17 for a Reformatory School shall, at least once in every month— (0) visit the school, to hear complaints and see that the requirements of section 6 have been complied with, and that the management of the school is proper in all respects ; @ examine the punishment-book ; (©) bring any special cases to the notice of the Inspector (@) see that no person is illegally detained in the school. (2) Ifany member of a Committee of Visitors so appointed fails or neglects, during a period of six conseentive months, to visit the school and assist in the discharge of the duties afore- said, he shall cease to be a member of such Committee. 2A. If, in exercise of the power conferred by section 17, Foard oF the 1[Provincial Government] appoints a Board of Manage- Power to ment for any Reformatory School, such Board shall have the powers and perform the functions of the Superintendent under sections 18 to 22, both inclusive ; and the license men tioned in sections 18 may be under the hand of their chairman ; and they shall be deemed to be the guardians of the youthful offenders detained in such school. 25. The %Provincial Government] may declare any .. body-of Trustees or Managers of a school, who are willing to Mana- act in conformity with the rules referred to in section 5, clause (®, to be a Bourd of Management under this Act, and there- upon such body or Managers shall have all the powers-and. perform all the functions of such Board of Management, 26. (1) With the previous sanction of the [Provincial Government], every Board of Management of a Reformatory ‘School may from time to time make rules consistent with this Act (® to prescribe the articles which are tobe deemed to be “prohibited articles” ; and 1, Subs, by A.O., 1937, for “Local Government.”1997 Act'VIET] ——-_-Reformatory Schools 349 i) tore Lo : (@) the conduct of business -of the Board ; @) the management of the school ; (6) the education and industrial training of youth- ful offenders ; (@) visits to, and communication with, youthful offenders ; (e) the terms and conditions under which any articles declared by the Board to be “prohibited articles” may be introduced into or removed out of the school 5 (J) the manner in which such articles arg to be re~ moved when introduced without due autho- rity 5 * (@) the conditions and limitations'under which such articles may be supplied outside the school to any youthful offender under. order of detention therein ¢ (@) the conditions on which the possession by any such youthful offender of such articles may be sanctioned ; . (@) the penalties to be imposed for the supply or pos- session of such articles when supplied or posses- sed without due authority ; . G) the punishment of offences committed by youth- ful offenders-; and (&) the granting of licenses "for. the employment of youthful offenders. (2) In the absence of a Board of Management the 1{Pro- vincial Government] may make rules consistent with this Act to regulate for any Reformatory School the matters mentioned in any clause of sub-section (1), other thn clause (if) (a),.and: also the mode in which the Committee of. Visitors shall conduct their business. _ IV—QRFENCES IN RELATION To REFORMATORY SCHOOLS 27. “Whoever, contrary to any rule made under section 26, introduces or removes or attempts by any means what- SE eee 1. Subs. by A.O,, 1937,Peualty for or u a RE 350. Reformatory Schools [1897 + Agt, VT, ever to introduce or remove into or from any Reformatory School, or supplies or attempts to supply outside the limits of any Reformatory School 16 any youthful offender under order of detention therein, any prohibited article, and every officer or person in charge of a Reformatory ‘School who, contrary to any such rule,’ knowingly suffers any such article to be introduced into or removed from.any Re- formatory School, to be possessed by any youthful offender detained therein, or to be supplied fo any such youthful offender outside its limits, and whoever, contrary to any such rule, communicates or attempts to communicate with any such youthful offender, _. and whoever abets any offence made punishable under this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both, 28 Whoever abets an escape, or an attempt to escape, on the part of youthful offender from a Reformatory School, ‘or from the employer of such youthful offender, shall be punishable with imprisonment for a term which may extend to ix months, or with fine not exceeding two hundred rupees, or with both. 29. A Police-officer may, without orders from a Magis- trate and without a warrant, arrest any youthful offender sent toa Reformatory School under this Act, who has escaped from such school or from his employer, and take him back to such school or to his employer. ‘V-—MISCELLANEOUS - 30. [Application of Act XIV of 1869 to youthful offenders detained in Reformatory Schools}. Rep. by the Prisoners Act, 1900 (IIT of 1900), s. 53-and Schedule IIT. 34. (1) Notwithstanding anything contained in this Act or i any other’ enactment for the tinié being in force, any ‘Court may, if it shall think fit, instead of sentencing any youth- ful offender to transportation or imprisonment or directing ‘him to be detained ina Reformatory School, onder him to be—1897 : Act VIET] Reformatory Schools 351 (@ discharged after due admonition, or (®) delivered to his parent or to his guardian or nearest adult relative, on such parent, guardian or relative ‘executing a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour of the youthful offender for any period not exceeding twelve months. (2) For the purposes of this section the term “youthful offender” shall include a girl. (3) The powers conferred on the Court by this section shall be exercised only by Courts empowered by or under section 8. (4) When any youthful offender is convicted by a Court, not empowered to Act under this section and the Court is of ‘opinion that the powers conferred by this section should be exercised in respect of such youthful offender, it may record such opinion and submit the proceedings and forward the ‘youthful offender to the District Magistrate to whom such Court is subordinate. (5) The District Magistrate to whom the proceedings are so submitted may thereupon make such order or pass such sentence as he might have made or passed. if the case had origi- nally been tried by him. 32. When a youthful offender during his period of deten- tion in a Reformatory Schoo! is again convicted by a Criminal Court, the sentence of such Court shall commence at once, notwithstanding anything to the contrary in section 397 of the Xof 188% 1Code of Criminal Procedure, 1882, but the Court shall forth- with report the matter to the Provincial Government], which shall have power to deal with the matter in any way in which it thinks fit. 1, Now the Code of Criminal Procedure, 1898 (V of 1898). 2 Subs. by A.O., 1937, for “Local Government.” Procedure hea« 353 THE STAMP ACT, 1899 (Act II of 1899) CONTENTS CHAPTER I ‘PRELIMINARY Sactions 1. Short title, extent sind commencement. 2. Definitions. OHAPTER II SrAMP-puTTES A~Of the liability of instruments to dity 3. Instruments chargeable with duty. 4. Several instruments used in single transaction of sale, mortgage or settlement. 5. Instruments relating to several distinct matters. 6. Instruments coming within several descriptions in Schedule I. 7. Policies of sea-insurance, 8. Bonds, debentures or other securities issued on.loans under Act XI, 1879. §, "Power to reduce, remit or compound duties. _B—Of stamps and the mode of using them 10. “Duties how to be paid. 11. Use of adhesive stamps.. 12, Cancellation of adhesive stamps. 13, Instruments stamped with impressed stamps how to be written.354 ‘Stamps [1899 : Act IT ‘SECTIONS 24. Only one instrument to be of same stamp. 15, Instrument written contrary to section 13 or 14 deemed unstamped. 16, Denoting duty. C—Of the time of stamping instruments 17. Instruments executed in Pakistan. 18. Instruments other than bills and notes executed out of Pakistan, 19. Bills and notes drawn out of Pakistan. D—Of valuations for duty 20. Conversion of ambtint expressed in foreign cur- 21. Stock and marketable securities how to be valued. 22. Effect of statement of rate of exchange or average price. 23. Instruments reserving interest. 23-A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements. 24. How transfer in consideration of debt, or subject to fature payment, etc., to be charged. 25. Valuation in case of annuity, etc. 26. Stamp where value of subject-matter is indefermi- nate. 27. Facts affecting duty to be set forth in instrument, 28. Direction as to duty in case of certdin conveyances. E—Duty by whom payable 29. Duties by whom payable. 30. Obligation to give receipt in certain cases.1999 VAC) Stamps 355 31. 32. 33. 35. HAPTER Ill ‘ADJUDICATION AS TO STAMPS. Adjudication as to proper stamp. Certificate by Collector. CHAPTER IV INSTRUMENTS NOT DULY STAMPED Examination and impounding of instruments. ‘Special provision as to unstamped receipts, Instruments not duly stamped inadmissible in evi+ dence, ete. ae Admission of instrument where not to be questioned. Admission of improperly. stamped instruments. Instruments impounded how dealt with. . Collector's power to refund penalty paid under. sec- tion 38, sub-section (1). Collector's power to stamp instruments impounded. Instruments unduly stamped by accident. Endorsement of instrumetits on which duty bas been paid under section 35, 40 or 41. Prosecution for offence against Stamp-law. Persons paying duty or penalty may recover same in certain cases. Power to Revenue-autherity to refund penalty or excess duty in certain cases., ‘Non-liability for loss of instruments sent under section 3B. Soe Power of payer to stamp bills and promissory notes received by him unstamped. Recovery of duties and penalties.356 ‘SECTIONS 49. 5h. 52. 55. 56. 57. 59, 61. 62. 63. Stamps (1890: ActTT GHAPTER ¥ ALLOWANCES FOR STAMPS.IN CERTAIN CASES Allowance for special stamps. ws . Application for relief under- section, 49,.when “to be made. Allowance in case of” printed forms no longer re- quired. by-Gorporations. =. - Allowance for misused stamps. Allowance for spoiled or misused stamps how to. be made. Allowance for stamps not required for use. Allowance on renewal of certain, debentures. CHAPTER VI REFERENCE AND REVISION Control of, atid statement Of case fo, Chief Revenue Authority. Statement of case by Chief Revenue Authoitiy to High Court. Power of High Court to call for further particulars as to case stated. Procedure in disposing of case stated. . Statement of case by other Courts to High. Court. Revision of certain decisions of Oourts regarding the sufficiency of stamps CHAPTER VII ‘Criminal OFFENCES AND PROCEDURE Penalty, for executing, etc., instrument not duly stamped. Penalty for failure to cancel adhesive stamp.1899 : Act IT] Stamps 357 ‘SECTIONS: 64, 65. 66. 67. n. n. B. 14. 75. 76. 16-A. 7. B. 9. Penalty for omission to comply with provisions of section 27. Penalty for refusal to give receipt, and for devices to evade duty on receipts. Penalty for not making out policy, or making one not duly stamped. Penalty for not drawing full number of bills or marine policies purporting to be in sets. . Penalty for post-dating bills, and for other devices to defraud the revenue. ). Penalty for breach of rule relating to sale of stamps and for unauthorised sale. |. Tastitution and conduct of prosecutions. Jurisdiction of Magistrates. Place of trial. CHAPTER VII SUPPLEMENTAL PROVISIONS Books, etc., to be open to inspection. Power to make rules relating to sale of stamps. Power to make rules generally to carry out Act. Publication of rules. Delegation of certain powers. ‘Saving as to court-fees. Act to be translated and sold cheaply. [Repealed]. ‘SCHEDULE I—STamp-pury ON INSTRUMENTS SCHEDULE I—{Repealed].‘THE STAMP ACT, 1899 (Act TE of 1899) (27th January, 1899] ‘Am Act to consolidate and amend the law relating to Stamps. ‘Waernas it is expedient to consolidate and amend the law relating to stamps; it is hereby enacted as follows 1— ree Fe ‘or statement of objects and. reasons, see ieoT Pov, D. 175, for Report ofthe Select ee ibid, Be ‘231 ; and for Proceedings in in Council, see ibid., 1858, Pt OP igs and id BM PEEPS. ae The Act hasbeen ame ins application to += = (©) the, Paniab and te NEP, by the Indian Stamp (Punk se Aerie he logan Samp a “ae (rie of 1924) and the XV) a ACE endl) Ac, i935 ee TAG XUY of. 1548, 8.2 and Act nb OF 125), Fumi aoe Fash 3 @ Sips, i adn lamp (Si Amended Ac, 138 Sind ° Capi ofthe Federation, ty te Finance At 1952(¥ of 952); 3 Herat Maura op Capital ofthe Fede. by XVE of Piss 3,3 G) and 3rd ~ Sch. wi ton 16. sets es apt Pen wal to the extent 2 a et the N.W.F.P., subject to certain ‘and extended to the Excluded Tt has been extended to Khaispur State, see the Khairpur (Federal Laws) (Second iSteaon Gx 1 1953 8 (6.6.0. XV oS ‘It has also been extended Areas of Bak ‘Areas (Laws) Order, Bowe. Aifer 1950); and. applied “in efoto Kees © ‘of Baluchistan, see Gazette of India, 1937, Pt. 1 p. thas to been extended to the Baluchistan Sigtes Union; see G.G.0. XVI of 1953. a ‘This Act has been mended ip ts application to the Province of West Pakistan by W. samen nt AEP HSSS th foc frome the 15th August, 1959). It has further been ‘been amended i ts appliation to the Province of West Pakistan by W. P. Act IT of 1964, s. 2360 Stamps [1899 : Act HAPTER I ‘PRELIMINARY (1) This Act may be called the y* * *] Stamp Act, 1899, 3{@2) It extends to the whole of Pakistan,] (3) It shall come into force on the first day of July, 1899. 2, In this Act, unless there is something’ repugnatit in the ‘subject or context,—" ) “banker” includes a bank and any person acting as a banker = Q) “bill of exchange” means a bill of exchange as de- fined by the Negotiable Insirumetits Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whe- ther named therein or not, to payment by any other Person of, or to draw upon any. other person for, any sum of money : @ “Bill of exchange payable on demand” includes— {@) an onder for the payment of any'sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of mosey, or for the payment of any sum of money out of any particular fund which:may ormay not be avail- able, or upon’ any condition. or céutingeney which may or may not be performed’ oF happen ; ®) an order for the Payment of any sum of money weekly, monthly or at any other stated periods; and . ©) a letter of credit, that isto say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn : 1, The word “Indian” omitted by A.O, 1949, 2. Sub-section (2), subs. by Ord, XXT of 19604999 : Act II) Stamps 361. (4) “ill of lading” includes a “through bill of lading", but does not include a mate’s receipt : (®) “bond” incudes— (@ any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if specified act is performed, or is not performed, as the case may be (©) any instrament attested by a witness and not pay- able to order or bearer, whereby a person obliges himself to pay money to another ; and (© any instrument so attested, whereby a person obliges himself to deliver grain or other agricul- tural produce to another : (© “chargeable” means, as applied to an instrument executed of first executed after the commencement of this Act, chargeable under this Act and, as applied to any other instrument, chargeable under the law in force in [Pakistan] when such instrument was executed, or where several persons executed the instrument at different times, first executed : () “‘cheque’” means a bill of exchange drawn on a speci- fied banker and not expressed to be payable other- wise than on demand : ford . oo. soos 4) @) “Collector”— ‘(ay means the Colledtor of a district ; and] {® includes a Deputy Commissioner and any Officer whom {ihe Provincial Government] may, by notification in the Official Gazette, appoint in this behalf : ——_— 1, Subs, by the Central Laws (Statute Reform) Ordinance, 1960 (XXL s.3.and 2nd Sch. (with effect from the 14th October, 1959), for ‘Provinoes and the Capital of the Federation”, which had been subs. 1949, Arts. 3€2) and 4, for “British India.” 19h, seting “Crier Controling Revenue-suthority”, rep. by Subs. by A.O., 1948, Sch, for the original sub-clause (2). ‘The original words “the 1G" were first subs. by A.O., 1937, te Sete, MEM or OSS Ne YA PT and > ¢s nebo Beg “Bill of “Bond.” able.” “Cheque.” “Collector.”“Duly stamped.” “Executed” “execution.” stamp.” “Iosteun ment.” “Inmrument ‘of partition” + 362 ‘Stamps [1899 : Acf IT (10) “conveyance” includes a conveyance on sale and every instrument by which property, whether mov- able or immovable, is transferred inter vivas and which is not otherwise specifically provided for by Schedule I: . (IJ) “duly stamped”, as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in 4{Pakis- tan) : (12) “executed” and “execution”, used with reference to instruments, mean “signed” and “signature” : (12-A) 4 * * . . * 1 (13) “impressed stamp” includes— (a) labels affixed and impressed by the proper officer, and (®) stamps embossed or engraved on stamped Paper: (14) “instrament” includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded : (15) “instrument of partition” means any instrument sreby co-owners of any property divide or agree to divide such property in severalty, and includes alsoa final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition : (16) “lease” means a lease of immovable property, and includes also— @ @ patta ; (©) a kabuliyat or other undertaking in writing, not being a counter-part of a lease, to (12-A) defining “Collecting Government”, i and saben spout oy ‘oe 15h rant 2and1899: Act II} Stamps 363 caltivate, occupy or pay or deliver rent for, immovable Property 5 (©) any instrument by which tolls of any description are let; (@ any writing on an application for a lease inten- ded to signify that the application is granted 4Y16-A) “marketable security” means a security of such a description as to be capable of being sold in any stock market in %Pakistan] or in the United Kingdom :] (17) “mtortgage-deed” includes every instrument where- by for the purpose of securing mcney advanced, ‘or to be advanced, by way of loan, or an existing or future debt, or the performance of an engage- ment, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property : (18) “paper” includes vellum, parchment or any other material on which an instrument may be written : (19) “policy of insurance” includes— (@) any instrument by which one person, in con- sideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event ; (®) 8 life-poticy, and any policy insuring any person against accident or sickness, and any other personal insurance {* *] ; om * # 8 8 # (20) “policy of sea-insurance” or “‘sea-policy”— (a) means any insurance made upon any ship or ‘vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board LE AGA) ns by the Indian Stamp (Amdt) Act, 1904 OV oF * 2. Subs. by the Central Laws (Statute Reform) Ordinance, 1960 ( ‘of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for ‘the Provinces and the Capital of the Federation”, which had ‘been subs. by A.O,, 1949, Arts. 3) and 4, for “British India, 3. ‘The word “and” and sub-clause (c) rep. by the Indian Stamp (Amdi) Act, 1906 (V of 1906), 5. 2. “Paper.” “Policy of, insurance.” “Policy of sea-insur-364 Stamps 188%: act ty of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, oF relating to, any ship or vessel ; and () includes any insurance of goods. merchandise or property for any transit which includes not only sea risk within the meaning of clause (@), but also any other risk incidental to the transit insured from the commericement of the transit to the ultimate destination covered by the insurance : ‘Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon him- self any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, mer- chandise or property from any risk, loss or damage, such agreement or engagement shall bbe deemed to be a contract for’sea-insurance: (21) “power-of-attorney” includes any instrument (not chargeable with fee under-the’-law relating to court-fees for the time being in force) empowering a specified person to act for and: in the name of the person executing it : “Promissory (22) “promissory note” meansa promissory note as de- note.” fined by the Negotiable Instruments Act, 1881 ; xxyrof it also includes a note promising the payment of 1881. any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be.performed or happen : 4(22-A) “Public Office” includes a Government Office, a People’s Local Council, a Local Authority, a Sta- tutory Corporation or a similar body set up by the 2Central or Provincial Government, commerical or industrial concern whether singly owned or run through parinership having more than twenty employees, a body registered under the Companies Act, 1913, and a Co-operative Society : (22-B) “Public Officer” includes an Officer-in-charge of a Public Office: } ‘Add. by Pb Act XVI of 1973. 2. Now ‘Federal’, see P.O. 4 of 1975,SHers *1999 Ade) ‘Stamps 365 (23) “receipt” includes: any note, memorandum or “Receipt” writing— (2) whereby aay ithidhey, or any bill of exchange, cheque or promissory note is acknowledged to rave been received, or @) whereby any other movable property is acknow- ledged to Htave been received in satisfaction of a debt, or (©) whereby any debt or demand, or any part of 3 debt or demand, is acknowledged to have been satisfied or discharged, or (d) which signifies or imports any such acknowledg- ment, and whether the same is or is not signed with the name of any person :4* *] (24) “settlement” means any non- testamentary disposi- “Settle tion, in writing, of movable or immovable pro- ™at” erty made— @) in consideration of marriage; * @) for the purpose. of distributing property of the settler among his fainily or those for whom he desires to provide, or for the purpose of pro- viding for some person dependent on him, or (©) for any religious or charitable purpose ; and includes an agreemient in writing to make such a disposi- tion "and, whcte any such dispositiot ‘has hot been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition): %fand] 31(@3) “soldier” includes any person below the rank of “Soldier.” non-commissioned officer who is enrolled under the Indian Army Act, 1911 for the Pakistan Army Act, 1952] —— eee 4. The Word “and” rep. by the Repealing and Amending Act, 1928 XVHI of 1923). - ip 2 Ins. by the Indian Stamp (Amendment) Act, 1904 CLV of 1304), _, & Thoword “ind” and cl.(25),ins. by Act XVIII of 1928, s. 2 and 4. Add. by the Central Laws (Statute Reform) Ordinance, 1960 (XT of 1960), 5.3 and 2nd Sch. (with effect from the 14th October, 1955).366 Stamps [1899 : set IT CHAPTER IT Srame-Duvies A—Of the liability of instruments to duty Tostrumenta 3.. Subject to the provisions of this Act and the exemp- chargeable tions contained in Schedule I, the following instruments shalt be chargeable with duty of the amount indicated in that sche- dule as the proper duty. therefor respectively, that is to say— (@) every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed in 4Pakistan] on or after the first day of July, 1899; “ @) every bill of exchange Jpayable otherwise than” ‘on demand} >[* *] or promissory note drawn or made out of 1{Pakistan] on or after that day and accepted or paid, or presented foracceptance or payment, or endorsed, transferred or other- wise negotiated, in 1{Pakistan] ; and {c) every instrument (other than a bill of exchange 3{¢ *] or promissory note) mentioned in that Sche~ dule, which, not having been previously executed by any person, is executed out of [Pakistan] on or after that day, relates to any property situate, or to.any matter or thing done or to be done, in ‘wPakistan] and is received in [Pakistan] : Provided that no duty shall be chargeable in respect of — () any instrument executed by, or on behalf of, or in favour of, the {Government} in cases wnere, but for this exemption, the [Government] would be liable to pay the duty chargeable in respect of such instrument ; ‘Ins, by the Indian Finance Act, 1927 (V of 1927), 8-5. ‘The word “cheque” rep,, ibid. ‘Subs, by W. P, Ord. XLVI of 1959, for “Crown.”1899 ; A@ IH] ‘Stamps 367 (2) any instrument for the sale, transfer or other dis position, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered undor the Merchant Shipping Act, 1894 or under Act XIX of 18381, or the Registration of Ships Act, 1841, as amended by subsequent Acts. 4. %(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be charge- able with the duty prescribed in Schedule I, for the conveyance, mortgage or settlement, and cach of the other instruments shall be chargeable with a duty of four rupees instead of the duty Gf any) prescribed for it in that Schedule.] (2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument : Provided that the"duty chargeable on the instrument so determined shall be the highest duty which would be charge- able in respect of any of the said instruments employed. 5. Any instrument comprising or relating to several dis- tinct matters shall be chargeable with the aggregate amount of the duties with which separate instraments, each comprising or relating to one of such matters, would be chargeable under this Act. 6.~-Subject to the provisions of the last preceding section, an instrumient so framed asto come within two or more of the descriptions in Schedule I, shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties = {Provided that nothing contained ini this Act shall render chargeable with duty excegding four rupees a counterpart or duplicate of any instrument chargeable with duty and in res- pect of which the proper duty has been paid.] 1, The Bombay Coasting Vessels Act, 1838. 2 Subs. by W.P. Act Il of 1964. ai of i wnie E 3 u 368 Stamps (1899 : Act IT 7, (1) No contract for sea-insurance (other than such insurance as is referred to in section 506 of the Merchant ‘Shipping Act, 1894) shall be valid unless the same is expressed in a sea-policy. Q) No sea-policy made for time shall be made for any ‘time exceeding tweive months, @) No sea-poticy shall be valid unless it specifies the particular risk or adventure, or the time, for which it is made, the names of the subscribers or under-writers, and the amount or amounts insured. @) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have artived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon 2 voyage, and also with duty ‘as a policy for time. B. (1) Notwithstanding anything in this Act, any local authority raising 2 loan under the provisions of the Local Authorities Loan Act, 1879, or of any other law for the time ‘being in force, by the issue of bonds, debentures or other secu- ities, shall, in respect of such loan, be chargeable with a duty of }fone per centum] on the total amount of the bonds, deben- tures or other securities issued by it, and such bonds, deben- tures or other securities need not be stamped, and shall not be chargeable with any further duty on renewak consolidation, sub-division or otherwise, aaa ‘Q) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty sball apply to the bonds, debentures or other securities of all owtstapding Joans of the kind mentioned therein, and.all such bonds, deben- tures or-other securities shall be valid, whether the same are stamped or not : Provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1897, when sugh duty has not already.been paid or remitted by order issued by the ‘%Federal Government]. “J, Subs. by the Indian Stamp (Amendment) Act, 1910-{V1 of 1910), ‘8. 2, for “eight annas per centum. 2 Subs, by Pb. A.O., I of 1974, for “Centrat Government”, Xof 379.1999 : Act 11) Stamps 369 G) In the.case of wilful neglect to pay the duty required by this section,, the local authority shall be liable to forfeit to the 3[Provincial] Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during Which the neglect continues. 9. %The Provincial Government] may, by rule or order pabilished in the {Official Gazette}— (@) reduce or remit, whether prospectively or retrospec- tively, in thé whole or any part of {the territor iunder its administration), the duties with which any instruments or any particular class of instru- ‘ments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are charge- able, and (®) provide for the composition or consolidation of duties in the case of issues by any incorporated company or otlier body corporate’ of debentures, bonds or other marketable securities. B~Of stamps and the mode of using them 10. (1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instru- ments, by means of stamps— (@ according to the provisions herein contained, or (6) when no such provision is applicable thereto, as the [Provincial Government] may by rules direct. '@) The rules made under sub-section (1) may, among other matters, regulate,— (@) in the case of each kind of instrument—the des- cription of stamps which may be used otiginal words “The G.G. in C." were first AO, 1907 and thon stnded by WF OF XLVI ot DS, tM OY AO. $i Bubs: By A.0., 1937, for “Gazette of India”. 4. Subs, ibid. for “British India.” $ by W.P. Ord. XLVI of 1959, fo Whicl haa been subs, by A.O., 1937, for “G. 6. ‘See the Stamp Rules, 1925, "“Colleting Goverment" Duties how to be paid.370° [895'! Act tr _@ in ‘the’casé’of instrumicnts’stampet-with impressed statis the number of stamps which may Bé used 5 (c) inthe case of bills of exchange or. promissory notes, written. im any Oriental language—the size of the paper on which they are written. . WL, The following instrumeats ity be stamped with: adhesive stamps, namely — (@ instroments chargeable with 4[a duty not exceeding s+ twentysfive paisa], except pacts of bills of exchange payable otherwise: than on demand and drawn in + 80ts 5 . : (b) bills “of exchange, #[* *] and promissory notes drawn or made out of Pakistan] ; (c) entry as an advocate, vakil or: attorney/on the roll of ‘a High Court ; @ notarial aéts ¢ and (©, wansfers by endorsement of shares in any incor- porated company or other, body corporate. Cancellation 12. (1) (@ Whoever affixes any adhesive stamp to any ofadhesive instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same + so that it cannot be used again ; and r (® whoever executes any instrument an.aay.paper bearing: an adhesive stamp shall, at the time of execution, unless such: stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again. (2) Any instrument bearing an‘adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far ‘as such stamp is concerned, be deemed to, be nestamped. (3) The person required by sub-section (1) to ‘cancel a ‘adhesive stamp may cancel it by writing on or across the stamp pis name or initials or the name or initials of his firm with the true date of his so writing, or in any. other effectual manner. - ee ee T,_Sabs: by W.P. Act If of 1964, for “the duty of one anna” or. half an anna”. wi? ‘The word “cheques”. ae Fines et 1927 OY of4899: Act HT] Stamps 371 13, ..Every instrament. written upon. paper stamped with an impressed stamp shall be written in sich manner that the stamp may appear on the face of the instrument and cannot bbe used for or applied to any other instrument. 14, “No second instrument chargeable with duty shail be written upon a piece of stamped paper upon which an instru- ment chargeable with duty has dlready been written: , “Provided that nothing’ in this section shall prevent any ‘endorsement which is duly statped or is not chargeable with duty ‘being made upon any instrument for the purpose of “iransferring any right created or evidenced thereby or “of ‘acknowledging the receipt of any moncy or goods the pay- ‘ment or delivery of which is secured theteby. 45. Every instrument written in contravention of section 43 or Settion 14 shall be deerhed to be unstamped. > sctgige" Where thie duty with which an instrement is charge- abe, or its exemption froin duty, depends in any manner upon the duty actually paid in respect of another instrument, the paynient“of such last ‘nientioned’ duty shall, if application is itiade' in writirig to the Collector for that purpose; and on pro- duction of both the instruments, be denoted upon such first- -mentioned instrument, by-endorsement under the hand of the Collector, or in such other. manner (if any) as the [Provincial Government] may by rule prescribe. +: 1 C—Of the time af stamping destruments a ..iKT..,All instruments chargeable. with dutyand eaecuted bby any porson in %Pakistan] shall be stamped before or at the time of execution. « — - 18... (1) Every instrument chargeable with duty executed only out of 2{Pakistan}, and not being a bill of exchange, >[**] ‘or promissory -notey may be-stamped. within three months after Tt-has been first received in Pakistan]. WP. Ord. te 961999. fc “Collecting Government”, ud Pole by AO. 1937, for "OG. in C ibs, by, the. Central am ie Reform) » sominante, ot 1900, Band effet from the 14th October, 1 gee pce a si he Capito be Fert’ wich ist oN sil. by ASB Ara 3@) and 4, for “British Ind ‘io “cheque” rep. by the Indian Finance Act, 1927 (V of a. 5. written, Only one instrament to be on same stamp. Instruments executed in Pakistan, Instruments other than bills and notes executed out of *~Pakistan.]Hie a F | & 372 Stamps [1909s Aer (2) Where any such instrument cannot, with reference to ‘the desctiption of stamp prescribed therefor, be duly stamped bya private person, it may be taken within the said period of three months tothe Collector, who shall stamp the same, in ‘such manner as the "Provincial Government] may by rule prescribe, witha stamp of such value as the perso so taking such instrument may require and pay for. 19. The first holder in?[Pakistan] of any billofexchange, 3[payable otherwise than on demand] 4[**] or promissory note drawa or made out of 2[Pakistai] shall, before he presents the same for acceptance or payment, or endorses, transfets or otherwise negotiates the same in 2[Pakistan], affix thereto,the Proper stamp and cancel the same : Provided that,— (@) if, at the time any such bill of exchange, “£2 *] or note comes into the hands of any holder thereof in *{Pakistan}, the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12,and such holder basno reas on to: that such stamp was affixed or cancelled otherwise than by the person and at the time required by this . Act, such stamp shall, so faras relates -to-such holder, be deemed to have been duly affixed: and cancelled; : (@) nothing contained in this proviso’shail retieve aay “ person from sity penalty incurred by him for omit- ting to affix or cancel a stamp, D—Of vahidtions for dity ~ “20. (1) Where an instrument is chargeable with ad vélorem uty in respect of any money expressed’ in “any: currency other than that of {Pakistan}, such duty shall bé calculatedon the value of such money in the currency of 2[Pakistan] accord- ing to the current rate of exchange on the day of the date of the instrument. . XLVI of 1959, f 1 Site DLW. On MET LEE aaeine Covrament or 3 spseaaei ‘oath ‘trom eeetee Se by AO, "SOS Mit 50) ad a ter Bosh a x Ins. ibid. ‘The word “cheque” rep. by the Indian Finance Act, 1927 (V of 171499? ace Stamps am %®) The’ tfFederal Government] may, from time to time, by notification in the 4 Official Gazette}, prescribe? rate of exchange for the conversior of British or any foreign currency into the currency of [Pakistan] for the purposes of calculating stamp-duty, and such rate shall be deemed to. be the current rate for the purposes of sub-section (1). <« 21. Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be catculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument. 22, Where an instrument contains a statement of cutrent rate of exchange, or average price, as the case may require, and is stamped in acordance with such statement, it shall, so far as regards the subject-matter of such statement, be presum- ed, until the contrary is proved, to be duly stamped. 23. "Where interest is expressly made payable by the © ‘terms of aninstrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein. 3[23-A. (1) Where an instrument (not being a promissory note or bill of exchange}— (a) is yiven upon the occasion of the deposit of any marketable secutity by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or.” @) makes redeemable ot qualifies & duly: stam transfer, intended asa security, of any marketable Jo sepurity, it shall be chargeable with duty as if it were an agreement. or memorandum of an agreement chargeable with duty under ‘S{Article No. 5 (cof Schedule 1. ‘Sabs, by Pb A.O. 1 of 1974, for “Ceatral 2 Subs. dbid., for “Gazette of India.” - 3. For notification prescribing such rates, see Finance Departmént (Central Revenues) Notification No. C. 125-Siamps 25, dated 18-9-25 25, of dada, 1925, Pt 1,p- 889, a8 amended by Notieation No, 8 ‘4° Subs, bythe Central: Laws (Statute Reform) Ordiaaiee, 1960 gee ns maa tam, Sy tre een forvthe Proviness and the Capital of the Federation “which had boon ‘Subs: by AO. 1589, Acts 3 (2) and 4, for "British India.”™ 3: Ins by the Indian Stamp Armendment) Act, 1908 (XV of 1900, “6. Subs. by the Indian Stamp (Amendment) Act, 1915 (C of 1912), 's. 3, for “Article No. 5 (6).”"‘Valuation in case of annuity, etc. 374 Stamps [1899 : Act IL 2). A release or discharge of any such. instrpment shall only be chargeable with the like duty.) + 24. Where any property is transferred. to any-person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting ‘a charge or encumbtance upon the property or not, ‘such debt, ‘money or stock is to be deemed the whole or-part, as the case may be; of the consideration in respect whereof the transfer is chargeable with ad valorem-duty : Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule I. Explanation—In the case of asale of property subject to a: mortgage or other encumbrance; any unpaid niorteage- money or money charged, together with the interest (if any) dueon thesame, shall bedeemed to be part af the consideration forthe sale: i ~ Provided’ that, where property subject to-a” tnortgage is transferred té the mortgagee, he shall’be> entitled'to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage. : od AMlustrations (1) A owe’ BRs. 1000, A sells a property to B, the considera on Being Ra 90 an the, eee of the previony bt of Re. 1.000. ‘Stamp-duty is payablo-om Rs, 1,500, “"@) A sella a property 'to B for Ri 500 which is subject toa _ottegs to C for RS 1000 and unpaid interest Re. 200. Stampaty ig payable on Rs. 1,700. (3) A mortgages a house of the value: of Rs, 10,008 ‘to B foc Rs_5,000. “Boaferwards-buys the howe from A. -Stamp-duty is pay- able on Rs, 10,000 leis the ambunt of stamp-duty:alréady’ paid forthe mortgage. i 25. “Where an instrument is executed |16 secure the ment ofan annuity or other sum payable periodically, or wl the corisideration fora conveyance isan ainuity or-other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case. may be, shall, for the purposes of this Act, be deemed to be,—{pais Fact ty ‘Stamps 38 | @ where the'sitm.i8 payable for a definite period so that the total amount to be paid can be previously ascertained—such total amount 7 f (6) where the sum is payable in perpetuity or for an in- definite time not terminable with any life in-being at the date.of such:instrument. or conveyano— the total amount whieh, according to the terms of such instrument or conveyance, willor may be pay- able during the period of twenty years calculated from the date on which the first payment beapmes due and & (©) where the sum is: payable for an indefinite time terminable with any life in being atthe date of such instrament ot conveyance—the maximum amount which will or maybe payable as aforesaid during the period of twelve years. calculated from the date ‘on which the first payment “becomes due. ‘21. Where the amount or value of the subject-matter of any instrument chargeable with ad'valorem duty cannot be; or (in the case of an instrument executed before the Commence ment of this Act) could not have been, ascertained at the date ofits executién or first éxecution, nothing shail be claimable uiider such instrument more than the highest amount or value for which, if stated in an-instrument of the same description; the stamp actually used would; at the date of such execution have been sufficient : : : 14Provided that, in the case of the lease of a mine in which royalty ora share of the produce isreceived as the rent or part of the rent, it shall be sufficient to have estimated such royalty ‘or the value of such share, for the purpose of stamp-duty,— ._:. (0) when the Jetse has been granted by or on behalf of {the Government], atsuch amount or value as the Gollector may, having regard to all the circum- stances of the case, have estimated as likely to be payable by way of royalty or share to’ [the Government] under the lease, or, (b) when the lease has been granted by any other person, at twenty thousand rupees a year ; oO and the whole amount of such royalty or share, whatever it may be, shall beclaimable under such lease :] for the —— ‘L._Subs. by the Indian Stamp (Amdt, Act, 1904 (XV of 1904 as xy, 3 4 2. The original words “the Secretary of State in Council™ were first subs. by A.O., 1937 and, then, amended by W.P. Ord. XLVI of 1959.376 Stamps 11899, : Acg Proyided also that, where proceedings have been taken in Tespect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution. 27, The consideration (if any) and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it is charge- able, shall be fully and iruly set forth therein. 28. (1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the con- ‘sisleration shall be apportioned in such manner as the parties think fit, provided thata distinct consideration for each sepa- ate partis set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration. (2) Where property contracted to be purchased for one consideration for the whale, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be shargeable with ad valorem duty in respect of the distinct part ‘ef the consideration therein specified. G) Where a person, having contracted fot the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person’ and the property is in-consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty in Tespect of the consideration for the sale by the original purchaser to the sub-purchaser. (4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other Petson or persons and the property is in consequence conveyed by the original seller to different persons in parts, the convey- ance of cach part sold to a. sub-purchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration, and the conveVance of The Fesidiié (fany) of such property to the oirginal purchaser shall be chargeable with ad valorem duty in respect only of the excessise9: Aa Stamps 377 of the original consideration over the aggregate of the consideration paid by the sub-purchasers : Provided that the duty on such last-mentioned conveyance shall in no case belless than one rupee. (5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, whichis chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the considera tion obtained by such original seller, or, where such duty would exceed five rupees, with a duty of five rupees. E—Duty by whom payable 29. In the absence of an agreement'to the contrary, the Duties by eapense of providing the proper stamp shall’be borne,— whom @) in the case of any instrument described in any of the following Articles of Schedule I, namely :-— No. 2. (Administration Bond), No. 6. (Agreement. relating to Deposit of Title- - deeds, Pawn or Pledge), » "No, 13. Gill of Exchange), No. 15. (Bond), No. 16, (Bottomery Bonds), No, 26. (Customs Bond), . . No. 27. (Debenture), _ No. 32... (Further Charge), No, 34. (Indemnity-Bond), No. 40, (Mortgage-Deed), No. 49. (Promissory-Note), - No. 55. (Release), ‘ No. 56. (Respondentia Bond), No. $7. (Security Bond of Mortgage-Deed), No. 58. (Settiemant), No. 62. (a) (Transfer of shares in'an incorporated ..company or other body corporate), 1. Subs, by the Indian Stamp (Amdt.) Act, 1904 (XV @ - foe Hy S06 py te ding Samp (Amdt) (XY of 1908, 5. 5,378 Stamps [1899 : Act Jy No. 62. (b).(Fransfer of Debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8), : No. 62. (c) (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),— by the person drawing, making or execiiting’ stich instru ment’: . ons 4(B) in the case of a policy of insurance “other than! fire- insurance—by the person effecting the insurance + (by in the case of a policy of fire-insuranco—by the ‘person issuing the policy ;] (©) in the case of 'a conveyance (including a re-convey- ance of mortgaged property) by the grantee :in the * case of a lease or agreement to lease—by the lessee or intended lessee : {@) in the case of a counterpart of 2 lease—by the lessor = (e) in the case, of an instrument.of exchapge—by: the -- parties in, equal shares: poets (P) in the ease of a certificate of sale—by the purchaser oft the property to which such certificate relates ; and, Lge coal t (g) in the case-of an instrument of partition-—by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is tiadeinéxécutionofan order passed bya Revenue-authority or Qivil Court or arbitrator, in such proportion as such .authority, Court or arbitrator directs, se 30. Any person receiving any money exceeding twenty rupees in amount, or any bill of exchange, cheque or promis- sory note for an amount exceeding tweiity rupecs, or receiving in satisfaction or part satisfaction of adebt ‘any’ fnovable pro- perty exceeding twenty rupees in value,'shall, on demand by the person paying or delivering such money, bill; cheque, note or property, give a duly stamped receipt for the same. 2[Any person receiving or taking credit for any premium or consideration for any renewal of-any contract of fire-in- surance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same.] — ———— yf Indian Stamp (Amdt) Act, 1906, (¥ oF 1506). 5 for ihie original cl. (6). 2. Ine. ibid.1899 : Act Ti) Staimps 379 GHAPTER II ADIUDICATION AS TO STAMPS 31. (1) Whe any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the ‘opinion of that officer as tothe duty (if ary) with' which’ it is Chargeable, and pays a fee of such amount (not exceciling five rupees anid not less than Mfifty.paisay as the Collector may in cach case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable. (2) For this purpose the Collector may require to be fur- nighed with an abstract of the instrment, and also with such affidavit or other evidence as he may deem riecessary to prove that all thie facts and circumistances affecting the chargeability Afthe iiistriment with duty, Or the amount of the’ duty with which itis chargeable, are fully and truly setforth therein, and may refuse to proceed upon any such application until such abstract and evidence have beet furnished accordingly : “Provided that (@) no evidence furnished in pyrsuance’of this section shall be-used against any person in any civil pro~ ceeding, except in an enquiry as to the duty with which the instrument to which it relates is charge- @ every person by whom any such evidence is fur- nished shall, on payment of the full duty with which the instrument to which it rélates is chargeable, be relieved from any penalty which he may have in- curred under this Act by reason’ of the omission to state traly in;such instrument any of the facts or circumstances aforesaid, . 32. (1) When an instrument ‘brought to the Collector uusder section 31, is, in his opinion, one ofadescripton cherae- able with duty, and— (@) the Collector determines that it is already fully stamped, or (@) the duty determined by the Collector under section BL orsucha sum as, with theduty already paidin TeSpect of the instrument, is equal to” the duty x determined, has been’ paid? T. Subs by WH, Act Hof 1964, Tor “eight 2. For refund of this duty in the case of certain instruments, ‘Stamp (Specified Instruments) Act, 1924 (XIII of 1924), s. 3(6). 3H, see the ‘Adjudication ‘8 to proper stamp. Certificate by Collector380 ‘Stamps (1899); Act 21 the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is charge- able has beer paid: (2) When such instrument is, in his opiniog, not charge- able with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. .@) Any instrument upon which an endorsement. fas been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the ease may be ; and, if charge~ able with duty, shall be receivable in evidence or otherwise, and may be acted ypon and registered as if it had been originally duly stamped : Provided that nothing in this section shall authorise the Gollector to endorse— (@) any instrument executed or first executed in AfPakistan] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be ; ( any instrument executed or first executed out of 3[Pakistan] and brought to him after the expiration of three months after it has been first received in +fPakistan] ; or (©) any instrument chargeable with 9a duty not exceed- ing twenty-five paisa] or arly bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped, GHAPTER IV INSTRUMENTS NOT DULY STAMPED “33. (1) Every persom having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same. (2) Forthat purposeevery such person shall examine every instryment so cbargeable and so produced or coming before 2, Subs. by W.P. Act IT of 1964, for “the diy ofan anna ot halt an anna.”V of 1998. 1899 : Act IE} Stamps 381 him, in order to ascertain whether it is stamped. with a stamp of the value and description required by the law in force in ‘fPakistan] . when such instrument was executed or first executed + . Provided that— "(@ nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound; if he does not think fit so to do, anyinstrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 ; (©) in the case of a Judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf. _@) For the purposes of this section, in cases of doubt,— (@ the Provincial Government} may. determine? ‘what offices shall be, deemed to be public offices ; and (b) ‘the Provincial Government} may determine who shall be deemed to be persons ia charge of public offices, 3M., Where any, receipt chargeable with a duty *not cexceedingtwenty-five paisa) is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer. may, in his discretion, instead of impounding the jstoment, require a daly stamped resxpt to be substituted thefefor. 235. Noinstroment chargeable with duty shall be admitted ih evidence for aly purpose by’any person having by law or consent of parties authority to receive evidence, or shall be acted ‘apon;Tegistered “or authenticated by any ‘such person OF by-uny public officer,” unless. such instrument is duly stamped, ca of eh 3 an a Sah ert BB ohdvie te Seem marae ‘The original words “the G.G. in C.” were first subs. by A.O. 1537, and dhe kenaided by WLP. Ord, KLVI of 1955. Se ds toten re elgg ste ete 9, org ie ies the Gaverient of tnd Act Is aot x publle oftet, ser Gnzste 4. "The ‘words “the L.G." wore first subs. by A.O, 1937 ign word “the LG." wre iat ute. by A.0, 1937 and 5. ube by WP, Art T1964, for “one ana or half an tng.” i if382 ‘Stamps [1899 : Act Provided that— a) any such instrument not being an instrument chargeable with a duty 2[not exceeding twenty- five paisa] only, or a bill of excharge or. promis~ sory note, shall, subject to all just exceptions, be admitted in evidence on, payment of the duty with which the same is chargeable, or,in the case of an instrument, insufficiently stamped, of the amount required to make up such duty, together with a Benalty of ve-rupes.or when en imes.theamount of the proper duty.or deficient portion. thereof ex- _ ceeds five rupees, of a sum equaltoten times such "duty or portion ; . © where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and sich receipt, if stamped, would be admissible in evidence against hin, ther‘ such receipt shall be admitted in evidence against himon payment of a penalty of one rupee by the person tendering it ; ° “© whiere a contiact or agreemént of any Kiridis effected by correspondence consisting of two or more letters, and any one of the fetters bedrs the proper stamp, the coritract or agreement shall ‘be dtemed to be duly stamped ; . (d) nothing hereini contained shall ptevent the adnitssi6n- {na Criminal Gout other tay tproseding andes in a Criminal Court, other than a u Ghapter XIl or Chapter, KXXV! of the Code of Griminal Procedure, 1898 ; © nothing serein contained shall prevent the admis- sion of any. instrument in any Gourt when such instrument has been.executed by or.on behalf of ‘the Government], or where it bears th: certificate of the Gollector as provided by sestion 32 or any other provision of this Act. ‘Admission 36.” Where an instrumeht has been admitted in evidence, of instru such admission shail not, except as provided in section 61,-be roeat where Hot to be called in question at any stage of the saine suit or proceeding . on the ground that the instrument has not becn duly. stamped. ‘For’ ma uc of this. i an to whic te Beams epee intron 19.98 iets ‘ee 5. 3 of that Act. Subs. by W.P. Act II of 1964, for “one anna or half an anna,” The origi ‘were first subs, by A.O., 1937 ginal words “the Govt: and, then ansated by WE. Ores NEVE or BS Voof 1898,1999: Act A} Stamps 383 37. [The Provincjal Government] may make rules pro- Admission “Viding that, where an instrument bears a stamp .of sufficient OUP. amount but of improper description, it may, on payment of 4 instru- the duty with which the same is chargeable, be certified to be ments: duly stamped, and any instrument so certified shall then be deemed to‘have been’ duly stamped as from the date of its execution.” © * : ~ 38. (1) When the person itmpounding an instrument Instruments under section 33 has by law or consent of parties authority to jmBund= receive evidence and admits Suéh instrument in evidence upon with. payment of a penalty as provided by section 35 or of duty as provided by section ;37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty, levied in respect thereof, and shall send such amount to the ‘ollector, orto such person as he may appoint in chs behalf "@ Imevery other ease, the person’ 50° impounding an in- strument: shallsend itin original to the Collector. ohh 39. (1) When a copy, of ap instrument is sent to. the Collectors Collector under section 38, sub-section (1), he may, ifhethinks Pave" fit, [* * *] refund any portion of the penalty. in.pxcess, i five rupees which has been paid in respect of such instrument (@)When such instrument’has boen impounded only be- ‘cause if has beon written in, pontravention. of section 13.9F section 14, the Gollector may refund the whole penalty s0.paid,. (1) When the Collector, imponnds any instrument, Collector's under sciton 33, or receives any instrument sent to him under Power fo, section 38, sub-section (2), not being aniustrument chargeable ments ime with a duty 4[got exceeding twenty-five paisa] only or g bill Pounded. of exchange or Promissory not, he shall dort the following, progedaire — (@) if heis ofopision ie suchinstrument dulystanips ed, or is not cheats with duty, he shall ositify The original words = were fst war an td by WE Or: Bio 5. <=-2. The words “upon epplication made to him in this bebalt o,f is me, wir tip aosatt of fie Chast Contling Revenue. authority rep. bythe Dceralzaton Ac, 914 GV of Bs 2 aad Sch, 3. Formodifcations of instruments which the Si (pcos) ha, 994 OU ef B00, appli oes 3 4, Subs. by W.P. Act II of 1964, for “one anna or half an anna”,HY 304 Stamps [1899 : Act TT by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be ; @) ifheis of opinion that suchinstrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount re- quired to make up thesame, together witha penalty of five rupees ; or, if he thinks fit, [an amount rot exceeding] ten times the amount of the proper duty ‘or of the deficient portion thereof, whether. such amount exceeds or falls short of five rupees : Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 orsection 14, the Collector may, ifhe thinks fit, remit the whole penaltyprescribed bythis section. (2) Every certificate under clause:(a) of sub-section (1) shall, for the purposesof this Act, be conclusive evidence of the matters stated therein. (@) Where an instrument has been sent to the Collector under section 38, stub-section (2), the Collector shall, when he hits deatt with it as provided by this section, -retumn it to the impounding officer. 241. If any instrument chargeable with duty and not duly stamped, not beingan instrument chargeable with a dutyof ‘3fnot exceeding twenty-five paisa] only or a bill of exchange or promissory note, is produced by any person of his own motion before the Collector within one year from the date of its exe- cution or first executiori, and such person brings: to the notice ‘of the Collector thefact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such. instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under scctions 33 and 40, receive such amount and proceed as next hereinafter "ins. by the Indian Stamp (Amenimét) Act, 1908 (XV of 1908); 5s 6 “For modifications of these provisions in respect of instruments to wich thé Stionp (Spestbed Tostraments) Act, 1824 (XVEIT of 1928), applies, see s. 3 of that Act. 3. Subs. by W.P. Act TI of 1964, for “one anna or half an anna”.18992 Act’) ‘Stamps 385 42, (1) When the duty and penalty (if any) leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the. person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon thatthe properdutyor,as thecase may be, the proper duty and penalty (stating the amount’ of each} ‘have been levied in respect thereof, and the name and residence of thie person paying them. (2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to tie person from whose possession it came into the hands of the officer im- Pounding it, or as such person may direct : Provided that— @ no instrument which has been admitted in evidence upon payment of duty’and a penalty under section 135, shall be so delivered before the expiration of ‘one month from the date of such impounding, or ~ if the Collector has certified that its further detention is necessary and has not cancelled such cattificate ; © nothing in this section shall affect the 1Code of Civil Procedure, section 144, clause 3. 43.. Thetaking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed aan offence against the Stamp-law in respect of such instru- ment : Provided that no such prosecittion shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence ‘was committed with an intention of evading payment of the proper duty. 44. (1) When any duty or penalty has been paid under section 35, section 37, section 40 orsection 41, by any person in respect of an instrument, and, by agreement or under the pro- visions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear he expense of providing the proper stamp for such instrument, the first menitioréd person shall be entitled to 1. Now the Code of Civil Procedure, 1908 (V of 1908). Prosecution for ofeace inst Stamp-aw. Persons paying duty or penalty may recover certain cases.Power to authority to refund penalty or xoess duty incortain Non-liability for loss of sent under section 38. 386 ‘Stamps [1899 :: Act recover from such other person the amount of the duty or penalty:so paid.” . (2) For the purpose of such recovery,: any certificate granted in respect of such instrument. under.this Act shall be conclusive evidence of the matters therein certified. (3) Such amount may, if the Court thinks fit, be inclugled inany order as to costsinany suit or proceeding to which such. personsare parties in which such instrument has been tendered inevidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shal be maintainable. : 45, (1) Where any penalty is paid under section 35 or section 40, the 4[Chief Revenue Authority] may, upon appli- cation in writing made within one year from the date of the payment, refund such penalty wholly or in part. (2) Where, in the opinion of the A[Chief" Revenue Autho- rity), stamp-duty in excess of that which is legally chargeable has bébn charged and paid under section 35r section 49, such authority may, upon application in‘writing made Within three months of the order charging the same, refund ‘thie excess. 4. (1) If any instrument sent-to the Collector under section 38, sub-section (2), s lost, destroyed ordamaged during transmission, the person’ sending the same shall’ not be Hable for such loss, destruction or damage. “ (2) When any instrumentis aboutto be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a cppy thereof to be, made atthe expense of such first-mentioned person and authenticated by the person impounding such instrument, .. a 2[47, When any Bill of Exchange, chargeable with the duty of five paisa, or promissory note chargeable with the duty of fifteen paisa, is presented for payment utistamped, the person to whom it is so presented mav affix thereto the noces- sory adhesive stamp, and upon cancelling: the samein the. manner hereinbefore provided, may pay the’sum payable upon 1. Subs. by A.O., 1961, Art. 2 and Schs, for “Chief Contoliing ‘Revenue-authority (with effect from the 23rd March, 1956). 2. Subs. by W.P, Act Il of 1964,a yess: sete] ‘Stamps 387 such bill or note and may charge the duty against the person ‘who ought to have paid the samé!‘or deduct it from the sum payable as aforesaid, and such bill or ‘note shall, sofaras res- pects the duty, be deemed good and valid : + Provided that nothing herein contained shall relieve any persen from any penalty or-procceding to which he may be liable in relation to such bill or note.] > “48. All duties, penalties and other sums. required to be ptid‘under this Chapter may be recovered by tlie Collector by distress and sale of the movable property of the person from whoin the same ave duéor by any other process for the time being in force forthe recovery ‘of arrears of fandi-revenue. , < CHAPTER V ‘ALLOWANCES FOR STAMPS IN’CEREAIN CASES 49. Subjéct to such filles as'maybe maide’by the 1[Pro- vincial Government] as 16 the evidenté to%be'fequired, or the enquity'to be made, the Colléctor'may,"ou pplication made ‘within the period prescritied in Section ‘50, dud if he is satisfied as to the facts, make alldwaiice for impressed stamps spoiled im the cases hereiniifter mentioned, namely :-— (@, the stamp on any paper inddvertently and undesign- edly spoiled, obliterated or by efror in writing or any other means rendefed unfit fot the purpuse in- tended before“any instrument written thereon is executed by any person = (@) the stamp'on Any décument which is written out wholly or in part, but which is’ not signed or 1, . skecuted by any ‘party thereto : ) in the case of bills.of | ‘exchange *[payable other- ‘wise than ondemand ***] of promissory notes— (1) the stamp on, {any such bill of exchange] 4***] signed by or on behalf of the trawer which has {. The original "G.G..in C.” have sticcessis amended yah Decetebtion A 18 OV of 110), 8 2 and aT AO. Balad Wb Ord, KEWL C1959. Ti. by the Indian Finince Act, 1927(V &f 1920, 5. 5. ‘The word “cheques” rep. ibid, Subs. ibid, for “any bill of exchange.” ‘The words “or cheque” rep., ibid. seee Recovery of duties and penalties, Allowance for spoiledStamps {1899 Apt HL not been accepted-or made use of in,,any manner whatever or delivered out of his hands for-any Purpose other than by way of tender for accept- ance provided that the paper.on. which any such stamp is impressed does not bear any sig- natnte intended as or for the acceptance of any bill of exchange 4[* * *] to be afterwards written thereon : (2) the stamp on any promissory note signed by or on behalf of the maker which has not . been + made use of in any manner whatever or delivered. out of his hands : (3): the stamp used or intended to be used for 4fany ~ such bill of exchange] 4{ * ] or promissary, note signed by, or on behalf of, the drawer thercof, but which from any omission or error bas been spoiled of rendered useless, although the same, being a bill of exchange {***), may have been presented for acceptance or accepted or endor- ‘ed, of, being a promissory note, may .havg been delivered to the payee : provided-that another completed and duly stamped bill of exchange {*] ‘0 promissory note is produced identical in every particular, except in the correction. of such omission or error as aforesaid, :.with the spoiled bill { * J or note + @) the stamp used for an instrument executed by any party thereto which— (1) has been afterwards found to be absolutely void in law fromthe beginning ; (2) has been afterwards found unfit, by reason of any error or mistake therein, forthe purpose originally intended : (3) by reason of the death of any person by whom it “is necessary that it should be executed, without ‘having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction _....in.the form proposed :. (4) for want of, the execution thereof by some ‘material party, and-his inability or refusal to sign 1. The words “or cheque” rep. by Act V of I 2. Subs, ibid., for “any bill of exchange.” 3. The word “cheque” rep. ibid.1899: Act II] Stamps 38 the same, is in fact incomplete:and insufficient for. the:purpose for which it was intended = (5) by reason of-the refusat of avy person to act under the same, or to advance any: money in- tended to be thereby secured, or-by the refusal or non-acceptance of any office thereby: granted, ‘s- totally fails of the intended purpose = °(6) becomes useless in conséquence of the transac ‘tion intended to be thereby effected being effected by sorhe other instrument between the same parties and bearing 2 stamp of not less value : 0 is deficient in valve and the transaction in to be thereby effected has been effected . by s01 other instrument between the’ same parties and bearing a stamp of not less value : +.” @) is inadvertently and undesignedly spoiled, and in lieu whereof another. instrument made between the same, partes and for the same purpose is executed and duly stamped : . Provided that, in the case of an executed instrument, no fegal proceeding hasbeen commenced in which ‘the instrument could or would have been given or offered in evidence and that the instrament is given up to be cancelled. tion—The certificate of the Collector under se- tion 32 that the full duty with which an instrument is charge- able has been paid is an impressed stamp within the meaning of this section. led 50. The application for relief under section 49 shall be, made within the following periods, that is to say, (1) in the cases mentioned in clause (d) (5), months of the date of the instrument : 2) in the case of a stamped paper in. which. no iastrus ment has been executed by.any ofthe parties there- to, within six monthe- after the. stamp has-been in $wO. after the execution thereof by the person by whom it was first or alone executed : ‘Application for relief der jon 49 when to made.390 Stamps (1899: Act IT Provided that,—- (@) when the spoited instrument has been for sufficient reasons sent out of [Pakistan], the application may : -be-madg, within six months after.it has been re- a ‘ ceived back in. [Pakistan] : 46): Wheri, from unavoidable circumstances, any instru- ment for which: another instrument has been sub- stituted cannot be given up to be.cancelled within the aforesaid period, the application may be made within six months after the date. of execution of the substituted instrument. 4, 51+. The (Chief Revenue Authority} 3for the Collector if eimpowered by the 4Chief Revenue Authérity] in this behalf} Sut limit of time, make alloWwance for stamped papers used for printed form’ofinstrusnents 4fby aiy banker or] by any incorporated éompany or oth 1 body corporate, if for any suffi- Gierit reason such Fdtms have ceased to be required’ by the said “{bihkker], dompany or body’ corporate’: provided that such authority is sitisfied that the duty in ‘Fespeet of'such stamped papers has been duly paid”! '52.,. (a),When any person has inadvertently used, for an instrament chargeable with duty, a stamp of adescription other than that prescribed for sych instrument by the rules made under this Act, ora stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty ; or “ (B) When ‘any stamp used for af instrament has been in- advertently rendered useless under section 15, owing to such instrument having been written in contravention of the Pro visions of section 13 5 the Gollector may, on application made within six: months after thedate of the instrument, or, if itis not dated, within six months after the execution thereof by the person ‘by whom it was first or aloneexecuted, and upon the instrument, if charge- able with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or: rendered use- ‘Subs. by tho Central Laws (Statute Reform) Ordinance 1960, of 1960) 5.3 and 2nd Seh, (with eect (om the 14th Octobe, 1959, for “the Federation” subs, by AOe 1 te 30) and 4 for Beteah ade 2. Subs., by A.O., 1961, for “Chief Controlling Revenue Authority”, 3, Ins, by the Decentralization Act, 1914 (LV of 1914), s. 2 and Sch., 4, Ins. by the Indian Stamp (Amendment) Act, 1906(V of 1906), s.6.1899.4 Act] Stamps 398 53. In any case in which allowance is made for ‘spoiled or misused stamps, the Collector may give in liew thereof— (@) other stamps of the same description and value ; or, () if required and he thinks fit, stamps of-any other description to the same amount in value ; or, © at his discretion, the same value in money, deduct ing 3[ten per centum of the value}. 54. When any person is possessed. of a stamp or stamps which have not been spoiled Or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting [ten per centum of the value} upon such person delivering up the same to be, cancelled, and proving to the Collector's satisfaction— (@ that such stamp or stamps were purchased by such person with a bona fide intention to use them ; and * (@®) that he has paid the full price thereof; and . (©) that they were so purchased within. the period of six ‘months next preceding the date on which they were so delivered : t “ wee on Provided that, where the person is a licensed. vendor of stamps,, the Qollector may, if he thinks Sit; make the repayment: of the sum actvally paid by the vendor without .any such de~ duction as aforesaid. 55. When any duly stamped debenture is renewed by the issue of a new debenturein the same terms, the Collector. shall, upét application made within one month, repay to the'person issuing such debenture, the value of the stamp on the original or on the new debenture, whichever shall be less = _, Provided that the original debentureis produced before the Goltector and cancelled by him in such manner as the 3[Pro- vincial Government] may direct. Explanation—A debenture shal be deemed to be renewed - in the same terms within the meaning of this section notwith- standing the followiag changes -— 7 + 5(a) thé issue Of twa or more debentures in place of one original debenture, the total amount secured being the same 1. Subs. by W.P. Act II of 1964, for “one anna foreach rupee or fraction of a rupee”. 2. Subs, by A.O., 1937, for “G.G. in C.” Allowance for ‘or misused ‘stamps how ‘to be made. for stamps ‘not required for use.392 Stamps [1899 : Act H (@) the issue of one debenture in place of two or. more original debentures, the total amount secured being the same ; © the substitution of thename of the holder at the time of renewal for the name of the original holder ; and (@) the alteration of the rate of interest or the dates of payment thereof. CHAPTER VI REVERENCE AND REVISION Control of, 56, (1) The powers exercisable by a Collector under tnd Sate: |, Chapter IV and Chapter V #fand under clause (a) of the first 10, Chief proviso tosection 26] shall in all cases be subject to the contro} Reims, _of the 2{Chief Revenue Authority}. (2) Ifany Collector, acting undersection 31, section 40 or section 41, feelsdoubt as to theamount of duty with which any instrument is chargeable, he'may draw up a statement of the case, ‘and refer it, with his’ own opinion thereon, for‘ the decision of the {Chief Revenue Authority}. @) Such authority shall consider the case and setid a copy ofitsdecision to the Collector, who shall proceed to assess and chiarge the duty (if any) in conformity with such decision. Statement of 57. (1) The {Chief Revenue Authority) may state-any ae by case referred to it under section 56, sub-section (2), or other- Revenue Wise coming to its notice, and refer such. case, with its own Authority to opinion thereon,— High Court. @t * * «# « + 4 @®) if the case arises in 4fany Province], to the High Court of {the Province]. (2) Every such case shall be decided by not less than three Judges of the High Court [* * *] to which it is referred, 1, Ins, by the Indian Stamp (Amdt) ‘Act 1504 (XVI_ of 1908), 5. 7 2. Subs, by A.O., 1961, Art. 2 and Sch. for “Chief Controlling Re Se (cet Worn the Bird Mates, 1980), of 1974, 5. The words “or Chief Coun”, a8 amended by A.0;, 1997, A.0, 1949 and Act SXVI of 1951, have been omited by Ord, XI of 1860, 8.3 nd Zod Sch. (with elfect from the Lath October, 1935). .1999 : Act) ‘Stamps 393 and in case of difference, the opinion of the majority shall pre- vail. 58. Ifthe HighCourt3{* * *] isnot satisfied that the statements contained ifthe case are sufBcient to enable ‘it to determine the questions raised thereby,the Court may refer the case back to the Revenue-duthority By which it was stated, to make such additions thereto or alterations therein as the Court may direct it that behalf. ‘59, (1) The High Court 4{* * *], upon the hearing of ‘any such case, shall decide the questions raised. thereby, and shall deliver its judgment thereon containing the grounds on which such decision is Founded. 2) The Court shall send to the Revenue-authority by which the case was stated a copy of such judgment under the seal of the Court and the signature of the Registrar ; and the Revenpe-suthority shall, on receiving such copy, dispose of the case conformably to such judgment. 6. (1) If any Court, other than 4 Court mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso (a) to .section 35, the Judge may draw upastatement of thecase and refer it, with his ‘ownopinion thereon, for the decision of the High Court S[**] towhich, if he were the {Chief Revenue Authority], he would, under section 57, refer the same, (2) Such Couit shall deal with the.case as if it had been referred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Revenue Authority] and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the-case conformably to such judgment. (B) References made under sub-section (1), when made by a Court subordinate toa District Court, shall be made through The words “or Chief Court” as amended by A. 0. 1937., AQ. 1949 and Act XXVI of 1951 have been omitted i. XX1- 1960, 2nd ‘Sch, with effect from the 14th October, 1955. 25” Sabs, by A.O%, 1961, Art. 2 tind Sch. for “Chief Controling Re- ‘venvo-aitGaority” (with effect from the 23rd March, 1956).394 Stamps [1899.: Act I the District, Court, and, when made by any subordinate Rew venue Court, shall be made through the Court immediately superior. 61; (1) Whon anv Court in the exercise ofjits civil or re~ venue jurisdiction or any Criminal Court. in any, proceeding under Ohapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or asnot requiring a stamp, or upon paymant of duty and a penalty under section 35, the Court to which appeals lie from, or references are-tade'by, such first~ mentioned Court may, ofits own motion oon the application Of the Collector, take such order into eensideration, (2) If such Court, after such consideration, is 6f opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or thout the payment of-a higher duty and penalty than those paid, it may record adeclaration to ‘that effect, afd Geterming the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument thenis, to produce the same, and mayimpound the same when produced... ye - . (3) When any declaration has been.recorded under sub> section (2), the Court recording the same shall sond_a copy thereof fo-{he Collector, and, where the. instrument towhich it relates has been impounded or is otherwise” in’the possession of such Court, shall also-send hin such imstrameut? °° (4) The Oollector may thereupon, notwithstanding any thing contained in the order admiting such instgoment, in evi dence,.or in any certiticate granted ‘under ‘séction 42, or in skction 43, prosecute any Person for any offence ag inst the Stamp-law whic : ths Collector considers him to have com- mitted in respect of such instrument : Provided that— : (W) no such prosecution shall be instituted where amount (including duty and penalty) which, accord- ing to the determination of such Court, was payable in respect of the instrument under section’ 35, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty 5 © except for the purposes of such prosecution, no declaration made under this section shall. affect the validity of any order admitting any instrument in evidence, or of any certificate granted under seo- tion 42,1899 : Act IT) Stamps 395, CHAPTER Vil CrpaiaL OFFENCES AND PROCEDURE 462. (1) Any person— @ drawing, making, issuing, endorsing or transferring, orsigning otherwise than as a witness, or presenting for acceptance or payment, or accepting, paving or receiving payment of, or in any manner negotiating, any bill of exchange {payable otherwise than on demand] {* * *] or promissory note without the same being duly stamped; or (®) executing or signing otherwise than asa witness any "other instrument chargeable with duty without the same being duly “stamped ; or © voting or attempting to vote under any proxy not duly stamped ; . shall for every such offence be punishable: with fine which moy extend to five hundred rupees : Provided that, when any penalty has been paid in respect ‘of any instrument under section 35, section 40 or section 61,the amount of such penalty shalll be allowed in reduction of the fine Gf any) subsequently imposed under this section in respect of the same instrument upon the person. who paid such penalty. (2) If a share-warrant is issued without being duly stamped, the company issuing the same, and:alsoevery person who, at the time when itis issued, isthe managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees. 63, Any person required by section 12 to cancel an ad- ‘hésive stamp, and failing to cancel such stamp in manner pres caibed by thet section, shall be punisheble with fine which may extend to one hundred rupees. 64. Any person who, with intent to defraud the Govern- ment,— @) executes any instrument in which all the facts and Gircomstances required by section 27 to be-set forth ‘ofnstruments to which Sian (Speed i itcumens) Act, 1924 (alll of 1928), ppb, see © Ins. aby the Indian Finance Act 1927 (V of 1927), 8. 3. ‘The word “cheque,” rep. ibid. Penalty for failure to Saheaive stamp. Penalty forPenalty for not drawing full nomber ‘of bills or 396 Stomps {1899.: Act IT in suchinstrumentaré not fully and truly setforth 5 or, (6) being employed or concerned in or about the pre- paration of any instrument, neglects or omits fully and truly to set forth therein all such féets and cir- cumstances ; or (©) does any other Act calculated to deprive the Govern ment of any duty or penalty under this Act; shall be punishable with fine which may extend to five thousand rupees. 65. Any person who— (a) being required under section 30 to give a receipt, refuses or neglects to give the eame ; or, (©) with intent to defraud the Government of any duty, ‘upon a payment of monev or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value pot exceeding twenty rupees, or separates or divides the money or property paid or delivered ; shall be punishable with fine which may extend toone hundred rupees. - 6. Any person who— (a) receives, or takes credit for, any premium or con- sideration for any contract of insurance and does not, within one month after receiving, or taking credit for,-such premium or consideration, make ‘out and execute a duly stamped policy of such in- surance ; OF - (®) makes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allowin account, any money upon, or in respect of, any such policy ; shall be punishable with fine which may extend to two hundred rupees. . 67. Any person drawing or executing a bill of exchange {payable otherwise than on demand] or a policy of marine in- surance parporting to be drawn or executed in a set of two or 1. Ins, by the Indian Finance Act, 1927 (V of 1927), &. 5.1899 : Act II) ‘Stamps 31. ‘more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punish- able with fine which may extend to onethousand rupees. 68, Any person who— * (@ with intent to defraud the Government of duty, draws, makes orissues any bill of exchange or pro- missory note bearing a date subsequent to that om ‘which Such bill or note is actually drawn or made 3 or (@) knowing that such bill or note has been so post dated endorses, transfers, presents for acceptance or payment, ‘or accepts, pays or receives payment of, such bill or note, or in any manner negotiates the same; or (©) with the like intent, practises or is congerned in ‘any Act, contrivance or device. not specially provided for by this Act or any other Jaw for the time being in force ; shall be punishable with fine which may extend to one thou- sand rapees. 6, (@) Any person appointed to sell stamps who dis- ‘obeys any rule made under section 74 ; (®) any person not so appointed who sells or offers for sale any stamp other than t[fve paisa, fiftéen: paise, or ‘twenty-five paisa revenue] adhesive stamp shall be punishable -with imprisonment for a term which may extend to sixmonths, or with fine which may extend to five hundred rupees, or with both, 78. (1) No prosecution in respect of any offence punish- able under this Act or any Act hereby repealed shall be insti- tuted without the sanction of the Collector or such other officer as 3{the Provincial Government] generally, or the Collector specially, authorises in that behalf, ee Institution ‘and conduct ‘of prosecu= i (2) The {Chief Revenue Authority}, or any for gene rally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence. 1, Subs, by W.P. Act II of 1964, for “one anna or half an anna”. 2 ‘Subs.'by A.0., 1937, for “the Local Goverament". 3, Subs. by W.P. Ord, XLVI of 1959, for “Collecting Government”. ‘4. Sube. by A.O. 1961, for “Chief Coutroling Revenue-Anthority””i Ho Hg 398 Stamps [1899 : Act TF ~ (8) ‘The simodint of any such composition shail be recover abje in the matiner provided by section 48. ‘TI. No Magistrate other than 1[*°* *] a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act. 72. Every such offence committed in respect of any instrument may be tried in any. district 4{* *.*] in which such instrument is found 4s well as in any district 2[* * *]in which such offence might be tried under the Code of Criminat Procedure for the time being in force. CHAPTER VI Fe" SuppeentAt PROVISIONS "3. Every public officer havirig in his custody any regis— tefs, books, records, papers, documents or proceedings, the- inspection whereof may terid to secure any duty,or to prove or lead to the discovery of any fraud or omission in relation to any daty, shall at all reasonable times permit any pérsori- authorised in writing by the Collector to inspect for such pur- ose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may-deem necessary, without fee or charge. 74. ‘The:fProvincial Government] 4[* * *) may. make: rules for regulating— (@) ‘the supply and sale of stamps and stamped papers, ( the persons by whom alone such sae is 10 be con ducted, and (6) the duties and remuneration of such petsons : Provided that such rules shall not restrict the sale of S[five paisa, fifteen paisa or twenty-five paisa revenue] adhesive stamps. 1, Tho words “Presidency Magistrate or”, omit by AO. Be 2. ‘The words “or Presidency T: (Revision and Dotlaration) Ast 1961 (XXVI of P50, 0.3 and Sh 3. Subs. by W.P.Ord.- XLVI of 1959, for “Collecting Government”. 4. ‘The words “subject to the control of the G.G. in€.” rep. by: ‘AO, 1937. 5. Subs. by P.W., Act Il of 1964, for “one anna or half an anna”ees. 389 15. The [Provincial government] may make rules® to Power to carry out generally the’ purposes of this Act, and.may by such make sues rules prescribe the fines, which shall in no case exceed five {Grcany out hundred rupees, to be incuirted oft bréach thereof, 76. -3{1) Alem eh Asal pie “eon in the Official Gazette.) - (2) All rules published:as reduired: by this section shall, upon such publication, have effect as if enacted by this Act, ‘[76-A. S[ * * * *] The Provincial Government, Delegation may by notification in the Official Gazette delegate— ofcertain (a) all or any of the powers conferred on it by sections 2 (9), 33 (3) (6), 70 (4), 74 and 78 to the [Chief Revenue Authority) ; and. - (6) all or any of the powers conférred oa the [Chief Revenue Authority] by section 45 (1), (2),56(1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.) 77. Nothing in this Act contained shall be deemed to Savings as affect the duties chargeable under any enactment for the time being in force relating to court-fees. ‘78. Eycry 1{Provincial Government] shall make provi- Act to be sion for the sale of , translations of this. Act in the pringipal “=nslated vernacular languages of the territories administered by it at a cheaply. Price not exceeding "twenty-five paisa] per copy... 79. [Repeal]. Rep. by the Repealing and Amending Act, 1914(X of 1914), 8.3 and Sch. 11. 159, for “Collecting Government”. 3, Subs. by A.O., 1937, - 4 Section 76A inerod by Act IV of 1914 te seis ‘The words “Central Government Subject to the provisions of Section ACL) of "be Gover of ada Act 1935 gay dey WP Ord XLVI of 1999. 6 Subs, by A. 1961 for, “Chief Controlling Reveaue-authority.” 7. Subs. by W.P, Act II of 1964 for, “four annas.”400 Stamps [1899 : Act IT 4SCHEDULE 1) STAMP-DUTY ON INSTRUMENTS (See Section 3) ——— Description of Instrument Proper Stamp-duty (eeceeeeeeeeeseeee See 1, AOKNOWLEDGMENT ofa debt exceeding twenty rupees imamount or value, written or signed-by, or on behalf of, a debtor in orderto supply evi- dence of such debt in any book other than a banker's ‘pass-book or on a separate piece of paper when such book or paper is left in the exeditor’s possession ; pro- vided that stich acknowledg- ment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property — (@ where such amount doesnot 15 paisa. exceed Rs. 100, (®) where such amount exceeds. 40 paisa. Rs. 100 but does not ex- ceed Rs. 2,000. (©) where such amount exceeds 80 paisa Rs. 2,000. 2, ADMINISTRATION BOND, including a bond given under sections 291, 375 and 376 of the Succession Act 1925, sec tion 6 of the Government ‘Savings Banks Act, 1873 — (© where the amount does not The same duty as ona exceed Rs. 1,000; Bond (No. 15) for such amount, ‘Schedule 1, substicated by WP, Ord. VII of 1969. XOX of 1925. Vof 1873.ar averse aaa, 1889 : Act 0) Stamps Description 5 Instrument () in any other case 3. ADOPTION DEED, that is to say, any instritment (other than 2 will) recording an adoption or conferring or purporting to cohfer an au- thority to adopt. ADVOCATE, See ENTRY ‘AS AN ADVOCATE (No. 30). 4, AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed to affirm or declare or declare instead of swear- ing. Exemptions Affidavit or declaration in writing when made— (@) as aconditionof enrolment under the Indian Army Act, 1911, or the Pakistan Army ‘Act, 1952 or the Indian Air Force Act, 1932, or the Pakistan Air Force Act, 1953 ; (® forthe immediate purpose of being filed or used in any Court or before the officer of any Court ; or (©) fer the sole purpose of entib- ing any person to receive any pension or charitable allowance. 401 Proper Stamp-duty Thirty rapees. Fifty rupees. Four rupees.402 Stamps - Reseription of Instrument "s, AGREEMENT OR MEMO- ~ RANDUM OF AN AGREE- MENT— (a) if relating to the sale of a bill One rupee. of exchange ; (6) if relating to the sale of. Fifty paisa.for every Government security ; Rs, 10,000 or part there- of of the value of the + security, subject to a maximum of fifty rupees. (c) if relating to the sale of a Twenty-five paisa for share in an incorporated every Rupees 5,000 or company or other body part thereof of the value corporate ; of the share. (A) if not otherwise provided for: Four rupees..° Exemption . Agreement or Memorandum of an Agreement— (a) for or relating to the pur- chase of or sale of goods or merchandise exclusively, not being a NOTE OR MEMO- RANDUM chargeable un- der No. 43 ; (b) made in the form of tenders to the 1Central Government for orrelatingtoany Joan. _AGREEMENT TO LEASE, , see LEASE (No. 35). - 6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR. PLED- GE, that isto say, any instru- - Lot ment evidencing an agree~ ment relating to— ‘Now ‘Federal Government’, seeab95') Act | Sahips ya Description of Instrument Proper Stamp-duty (1) the deposit of title-deeds | or instruments constituting or being evidence of the title to ‘any property whatever (other ‘than’ marketable security); ort (2) the pawn or pledge of mov- able property, where such deposit, pawn or pledge has been made by way of secu- rity for the re-payment of money advanced or to’ be advanced by way of Ioan‘or an existing or future debt— (@ if such loan or debt is re- payable on demand or more than three months. from the date of the inist- rument evidencing the ‘agreement ; (6) if such loan or debt is re- payable not more than three months from’ the date of such instrument. Exemption Instrument of pawn or pledge ‘of goods if unattested. 7. APPOINTMENT IN EXE- 2 not being a will— (0) of trustees @ of property, movable or im- movable, The same. duty as on a Bill of Exchange [(No. 13 (@)} for the amount secured. Half the duty [payable on ‘a Bill of | Exchange (No. 13 @)} for the amount secured. Thirty-five rupees. Seventy rupees.404 Sigeps (4499 iAH ~ Description of Instrument ~ Proper ‘Stamp-duty 8. APPRAISEMENT OR VA- LUATION made otherwise than under an order of the Court in the course of a suit (@) where the amount does not The same duty as on 2 exceed Rs. 1,000 ; Bond (No. 15) for such 7 amount, (@) in avy other case Thirty rupees. Exemptions ©) Appraisement of valuation made for the information of ‘one party only, and not be- ing in any manner obliga- tory between parties either by agreement or operation of law, (©) Appraisement: of crop for the purpose of ascertaining the amount to be given toa landlord as rent. 9, APPRENTICESHIP-DEED, Twenty-five rupees. including every writing rela- tingto the service or tition of any apprentice clerk or ser vant, placed with any master to learn any profession, trade or employment not being ARTICLES OF OL SHIP (No. 11). Exemptions Instrument of apprenticeship executed by a Magistraite . under the Apprentices Act, XIX of 1850, 1850, or by which a Person is apprenticed by or at the charge of any public charity.WR: Aga: Stamps m5 Description of Entruments Proper Sameday, 10. ARTIOLES OF F ASGORtAs TION OF A COMPANY (@) where the company has’ io "Fifty rupees. share capitalor the nominal share capital does ot ¢xe poets coed Rs. 2,500 ; : yess () where the nominal share One hundred ry ‘sapitil exceeds Rs. 2,500 but does not exceed | Rs. 1 1,00, 000; + © Where the nominal’ share” ‘Two hiindre ‘capital exceeds Rs. 1;00,090° aye ‘bur, on, ‘not exceed Rs. 10,60,000; | (@ where the nominal, Bi se buodged anges, capital exceeds Rs. 180300 ® Exemption Articles of any Association and not potas formed for profit and registered " under section26 of the Comipanies =" « Act, 1913, “See also MEMORANDUM OF ‘ASSOCIATION OF A .COM- PANY (Ne“88)u: Ww ARTICLES OF CLERK- Five hundred rupees. ‘SHIP or contract whereby any person first~-becomes —- Wound to serve asa clerk in : order to his admission ag an tot attomey in any High Court. ASSIGNMENT, see CONVEY- ANGE (No. 23), TRANSFER (No. 62) and TRANSFER OF LEASE (No. 63), asthecase may06 Stamps adh? act Description 'of Tastrument ‘Proper Stamp-duty be. ATTORNEY. see ENTRY AS AN ATTORNEY (No. 30), AND POWER OF ATTOR- NEY (No. 48). AUTHORITY TO ADOPT, see ADOPTION-DEED (No. 3). 12, AWARD, that is to say, any -The same duty. as on = decision in writing. by an Bond (No,.15) for the arbitrator or umpire, not amount or value of the being an award directing a property to which. the partition, on a reference award relates as\set made otherwise than, by an forth iv suchaward sub- order of the Court in the ject to maximum of course of a suit. fifty rupees. 13, BILL OF EXCHANGE as defined by section 2 (2) not being BOND, bank note or currency note— (q@) where payable otherwise than ‘ondemand but not more than ‘one year after date or sight— - if dram If drawn If drown singly inset of inset of two; for: three, each part for each Lof the + part of set the set 4f the amount of the bill does Twenty ©Ten ‘Five not exceed Rs. 200, paisa” paisa’ ° paisa if it exceeds Rs, 200 but does Forty Twenty Ten not exceed Rs. 400. paisa... paisa:,. - paisa, if it exceeds Rs. 400 but does, Sixty. Thirty” - Twenty not exceed Rs. 600. pais: isa”1899 : Act II} Stamps 407 Description, of Instrument 7 Proper Stampduty singly inset of in sét of ‘wo, for three, each part for each ofthe part of 1 sets the set Fit exceeds Rs. 600 butdoes Eighty Fory —_ Thiny not exceed Rs. 800. paisa. paisa. paisa. if it exceeds Rs, 800 butidées, One rupec Fifty. Thirty. aot exceed Rs. 1,000. paisa, five it it exceeds Rs. 1,000 but Rs. 1.20 Sixty does not exceed Rs. 1,200. + paisa. if it exceeds Rs. 1,200 but ‘Rs. 1.50 Seventy. Fifty does not exceed Rs, 1,600. five paisa. paisa. if it exceeds Rs. 1,600 but Rs, 2.50° Rs. 1.25 Rs. 1.00 does not exceed Rs. 2,500. ifit exceedsRs.2,500butdoes Rs. 5.00 Rs. 2.50 Rs. 1,75 not exceed Rs. 5,000. if it exceeds Rs.5,000 butdoes Rs. 7.50 Rs. 3.75 Rs. 2.50 not exceed Rs. 7,500, . if itexceedsRs. 7,500but does Rs. 10,00 Rs. 5.00 Rs. 3.50 not exceed Rs. 10,000. : if it exceeds Rs. 10,000 but Rs. 15.00 Rs.'7.50 Rs. 5.00 does not exceed Rs. 15,000. if it exceeds Rs. 15,000 but Rs, 20.00 Rs. 10.00 Rs. 6.75 does not exceed Rs. 20,000. if it exceeds Rs. 20,000 but Rs, 25.00 Rs. 12.50 Rs. 8.50 does not exceed Rs. 25,000. if it exceeds Rs. 25,000 but Rs. 30.00 Rs.45.00 Rs. 10,00 does not exceed Rs. 30,000. and for every additional Rs. Rs. 10.00-Rs, 5.00 Rs. .3,50 10,000 or part thereof in ‘excess of Rs. 30,000.8 Stamps fi8s9": act tt beserption “fame Proper Stamp-duty (©) where payable more than One half of the duty payable one year after date or ona Bond (No. 15) for the aight: same amount. 14, BILL OF LADING (ine One rupee. —chuding a through bill = *Tading).. -Note—If a bill of lading is drawn in parts, the proper stamp therefor must be borne byeach One of the sets. » Exemptions. {a) Bill of tidistg when the goods therein destribed are recei- ved at a place within the limits of any port as defined urider the Ports Act, 1908, and are to be delivered at another place within the mits of the same port. (© Bill of tading when executed ‘out of Pakistan and relating to property to be delivered in Pakistan. 15. ‘BOND as desitied by section 2.(5) not being a DEBEN- e+ + TURE (No, 27) and not be- - ing otherwise provided for by a this Act, or by the Court Fees Att, 1970— where the amount or value se- Twenty-five paisa, + euretldobs notercted' Rs. 10. where it exceeds Rs. 10 but does. One rupee, fot exceed Rs. 50. where it exceeds Rs, 50 but does Two rupees. not ekicatd Rs. 160. where it exceeds Rs. 100 but does Four rupats. mot exceed Rs. 200. XV of 1908, VI of 1570,188) : Act Stamps "9 Description of Instrument Proper Stamp-duty eS where it exceeds Rs. 200 but docs Six rupees. ot exceed Rs. 300. where it exceeds Rs. 300 but does Eight rupees, not exceed Rs. 400, where it exceeds Rs. 400 but does Ten rupees. not exceed Rs. 500, where it exceeds Rs. 500 but dces Twelve rupees. not exceed Rs. 600. where it exceeds Rs. 600 but does Fourteen rupees. not exceed Rs. 700, : where it exceeds Rs. 700butdoes Sixteen rupees. not exceed Rs. 800. where it exceeds Rs. 800 but does Bighteen rupees. not exceed Rs. 900, where it exceeds Rs.900 but dors ‘Twenty rupees, not exceed Rs. 1,000. ot and for every Rs. 500 or’ part ‘Ten supags, thereof in excess of Rs. 1,000. . See ADMINISTRATION 2 BOND (No. 2), BOTTOMRY. BOND (No. 16), CUSTOMS BOND (No. 26). INDEMNITY BOND (No. 34), RESPONDENTIA — BOND (No. 56), SECURITY: BOND . (No. 37). : Exemption . Bond when exeouted by.any per- son for the purpose of gaa rantecing that the local in- come derived from private subscription to a charitable dispensary or hospital or any410 Stamps [1899 : Act eee Description of Instrument. _..... Proper Stamp-duty —_— other object of public. utility 4 shall not be less than a speci- . fied sum per mensem. 16, BOTTOMRY BOND, thet is The same duty'as on a ‘to say, any instrument where Bond (No. 15) for the by the master of a seagoing ” “same amount. ship borrows money on the 7 security of ship to enable . > him to preserve the ship or prosecute her voyage. 17, CANGELLATION — instru. Fifteen fiapees.’ ‘ment of (including any instru- ment by which any instru- 7 ment previously executed is : cancelled), if attested and not. 5 “otherwise provided fer. 7 7 ‘See also RELEASE (No. 55), REVOCATION OF _SET- s TLEMENT (No. 58 -B), SURRENDER OF LEASE (No. 61). REVOCATION OF TRUST (No. 648), =: =: 18, CERTIFICATE OF, SALE :-) Hale (in respect of each property : put up asa separate lot and sold) granted to the pur.’ ‘chaser of any property ‘sold by public auction by a Givil’ ’ or Revenue Court, or Col- lector or other Revenue Officer— “ (a) where the purchase- money’ Fifty paisa: <4 does not exceed Ret; =. 7 () where the purchase money ,, One rupet. exceeds Rs. 10 but doesnot, im exceed RS. 25; 7 sietea. 2, (©) in any other case . CERTIFICATE OR OTHER DUCUMENT evidenting-the right or title of the holder” thereof or any other person, either to any shares, scrip for stock in or of any incor- porated company or other ody corporate, or to become proprietor ofshares, scrip or 25. COUNTERPART OR DUP- LICATE of any instrument chargeable with duty and in respectinf. which’the proper daty has been paid— (@)itthe duty with which the The same ‘duty ats ev origina’ instrumett’ “is ~ ble on ‘the original. chargeable does not excedt four rupees ; . @) In any other case “-Bour mapees. Exemption - Counterpart of any tase’. * Branted to cultivator when Such Tele is exémpted from” duty. 26. QUSTOMS-BOND— 89) oan (@) where the amount does not ‘The”satte duty fe on a exceed Rs. 1,000 ; Bond (No. 15) for such amount. , (©) in any other case Thirty rupees. 27. DEBENTURE (whether a mortgage debenture or not), being a marketable security transferable—a4 Stamps Description of Instrument _ © by endorsement or by a se- parate instrument of trans- fer; @) by delivery— where the face value of the. debenture does not excced Rs. 50. where it exceeds Rs. 50 but does not exceed Rs. 100. where it exceeds Rs. 100 but ~ does not excced Rs.200. where it exceeds Rs. 200 but does not exceed Rs. 300. where it exceeds Rs. 300 but does not exceed Rs. 400. _- where it exopeds Rs. 400 but does not exceed Rs. 500. where it exceeds Rs. $00 but does not exceed Rs. 600. where it exceeds Rs. 600 but does not exceed Rs. 700. where it exceeds Rs. 700 but does not exceed Rs. 800. where it exceeds Rs. 800 but does nat exceed Rs. 900. ‘here it excoeds Rs. 900 but does not exceed Rs. 1,000. and for every Rs. 500 or part thereof in excess of Rs. 1,000. Explanation—The term “Deben- ture” includes any interest ‘The same duty as on 2 Bond (No.5) for the same amount., One rupee’ and Bitty paisa, , Three rupees. Six-rupees. < + Nine rapes, ‘Twelve rupees. Fifteen rupess.. Eighteen rupees. ‘Twenty-one rupees. ‘Twenty-four rupees. ‘Twenty-seven rupees. Thirty rupees. Fifteen rupees.1899, : Act 1) ‘Stamps as Description of Instrument ” é0upons attached thereto, but ot — the amount of such coupons bo ete shall not be included in esti- mating the duty, ‘Exemption , o A debenture issued by an in- - corporated company or other » body corporate in terms.of.a * registered mortgage-deed, duly : stamped in respect of the full amount of debentures to be issued thereunder whereby the company or body borrowing makes over, in whole or in . part, their property to trustees - for the benefit of the dében- 9-1 ture-holders, provided that the debentures so issued ate ~ expressed to be issued io terms of the said mortgage-deed. ‘See also BOND (No. 15) and, SECTIONS 8 and 55. DEOLARATION OF ANY” TRUST. See TRUST (No. 64). “a . 28. DELIVERY-ORDER ;;_: iN.., ‘Twenty-five paisa, RESPECT OF GOODS, that p07, is to say, any instrument en- titling any person therein named, or his assigns or the holder thereof, to the deli~ 7 yery,of any goods lying in any dock or port, or in any ware-house in which goods are stored or deposited on rent or hire, or upon. ‘any wharf such instrument being signed by or on behalf. of the:ais Stamps ress : actiit - Babee EEE Desctpition of Instrument Proper Stamp-duty a owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value tweaty rupees. DEPOSIT OF TITLE-DEED, see AGREEMENT relating to DEPOSIT OF TITLE— DEEDS, PAWN. OR PLEDGE (No. 6). DISSOLUTION OF PART- NERSHIP, see PARTNER SHIP (No. 46). 29, DIVORGE—Instrument of, - Fifteen rupees. that is to say any instrument by which any person effects the dissolution of his marri- age. DOWER—Inctrument of, see STATEMENT (No. 58). DUPLICATE, see COUNT- 7 ERPART (No. 25). tee 30, ENTRY AS AN ADVO- CATE, OR ATTORNEY ON TRE ROLL OF ANY ~ eee HIGH COURT under the! Fe Legal Practitioners and Bar Councils Act, 1965— (@) in the case of an Advocate © One thousandjrupees. (©) in the case of an Attorney .. One thousand rupees. Exemption Entry ofan Advocate or. Attor- 7 ney on the roll of any High Court when be has pre- viously been enrolled in a High Court,9809 : Act IT] Stamps 47 ~~ Description 2 Instrument ~ Proper Stamp-duty 131, EXCHANGE OF PRO- PERTY=Instrement of— (@) When executed in respect of One rupee forevery rupees agricultural land. (6) In any other case EXTRACT see COPY (No. 24) 32, FURTHER CHARGE—In- strument of, that is to say, any-instrument imposing a further charge on mortgaged roperty— (@) when the original mortgage is one of the description.re- ferred to in clause (@) of Article No, 40 (that is, with possession) ; @ when such mortgage is one of thedescription referred to in clause (6) of Article No. 40 (that is, without posses- sion) — . (i) if at the time of execution of the instrument of further charge possession of the Property is given or agreed to be given under such in- strument ; (00) if possession is not so given ‘Subs, by Pb Act XL of 1995, one Rondred or part thereof of the value of the property. Five rupees for every rupees one hundred or part thereof of the value of the property. The same duty as on a ‘Goriveyance (No. 23) f6r & consideration equal to the amount ofthe further ‘charge secured. by: such instrument, The sate duty $s on a Conveyance (No.23) for consideration equal to the total amount of the charge (including the original mortgége and any further charge al- ready made) less the duty already paid on such original mortgage and further charge. The same doty as ona Bond (No. 15) for the amount of the further charge secured by such instrument.418 ‘Stamps [1899 AGA * Description of Instrument Proper Stamp-duty- 333. GIFT—Irstrument of, not beinga SETTLEMENT (No. 58) OR WILL OR TRANS. FER (No. 62)— (@ When executed in favour of legal heirs in respect of ag- ricultural land, @) Im any other case HIRING AGREEMENT or agree: meat for ree. see AGREE- MENT We. 5) 34, INDEMNITY BOND One rupee for every rupees one hundred or part thereof of the value of the property as set forth in such instrument, Five. rupees for every rupees one hupdred or part thereof of the value of the property..- The same duty as cn a Security Bond (No. 57) for the tame amount. INSPECTORSHIP-DEED, see COMPOSITION-DEED (No. 22), INSURANCE, see POLIOY OF INSURANOE @oca7). a 35, LEASE, including an under- Jease.or sub-lease and any agreement to Jet or sub-let— ~ @ where by such lease the rent is fixed and no premium is paid or delivered— (O:where the lease purports td be for a term of less than ofte year. Subs. by Pb Act XLof 197: The same duty as on a Bond (No.'15} for the whole amount payable or deliverable under such lease.11099;: Act HT] ‘Stamps 49 ve “Description of Instrument Proper Stamp-duty — (@) whore the lease purports The same duty as on a E to befor aterm of not Bond (No. 15) for the Jess than one year but amount or value of the mot more than three average annual rent re~ ~ Years. served. (ii) where the lease purports The same duty as is levi- to be fora term in excess able on a Debenture of three years, but not [No. 27 ()} for a con- ‘more than twenty years, sideration equal to the amount or value of the average annual rent re- served, -{lv) where the lease purportsto The same duty as is levi- be for-a term in excess of able on a Debenture twenty years or in per- [No. 27 (6)] for a con- petuity; sideration equal to the whole amount of rents which would be paid or delivered in respect of the first ten years of the lease. + GW) where'the lease does not The same duty as is levi- purport to be for any de- able on a Debenture finite term, INo. 27 (b)] for a con- sideration equal to the amount or value of the *. average annual rent which woukl be paid or delivered for the first ten years, if the lease continued so long. (0) (@ where the leaseis granted The same duty as is levi- for money advanced and able on a Conveyance ! where no rent is reserved. (No. 23) for 2 conside- ration equal to the amount of such advance as set forth in the lease.40 ‘Stamps (1899: Act sy -Deseription of Instrument Proper Stamp-duty (ii) where the lease is granted ‘The same duty as is levi- for afine or premium and able on a Conveyance ‘where no fent is reserved. (No. 23) for a:conside- ration equal to the amount of such fine or premium as set forth in the lease. (©) ("where the lease is granted . The same duty as is levi- for money advaiticed in ad» able on, a Conveyance ition to rent reserved: (No.,23) for a conside- ration equal to the amount of advance as set forth in the lease, in addition to the duty ot which would have been payable ow such lease, if no advance‘had been paid or delivered ; pro- vided that, in any case when an agreement to easeisstamped with the ad valorem stamp equired for a lease and a lease in pursuance of such agréementis subsequent- fy executed; -the duty on such Ieasé shall not exceed four rupees. ‘{i8) where the lease is granted for The same duty as leviable ‘fide'or premium in addi- able on a Conveyance tion torent reserved. (No. 23) for a considera~ tion equal to the amount of such fine or premium as set forth in lease, ~ in addition to the daty vos which would: have been payable - on such lease if no fine or premium had been paid or deli- vered ; provided that, in any ease when at1899.7'Act HF ‘Stamaps ane Dascription of lustrument «Proper, Stamepeduty. agreement .to lease is stamped, with the ad va- lorem stamp requitsd for @ lease and a lease in .,Pursuance of such agree - ment is subsequently “executed, the duty on such Tease shall not ex- ceed four rupees. © Exemption Lease, executed in the case of nahn th acultivator and forthe pur poses of cultivation (includ... ing a lease of trees for the, production of food or drink) without the payment or de- livery. of any fine or premium when a definite term ix ex, pressed and such term does not exceed one year, or when the average annual rent re~ "Rerved' does not ‘exceed one bundred rupees. 36. LETTER OF ALLOTMENT Fifty paisa. ‘OF SHARES in any, comp- : any or proposed company or 7 in respect of any loan to be id raised by any company or proposed company. ‘See also CERTIFICATE OR _ OTHER DOCUMENT,” No. 19). 37, LETTER OF GREDIT;that Fifty paisa, is to say, any instrumect by ’ which one person authorizes © another to give credit to the *” person in whose favour it is ~ drawn,a2. ‘Stamps [1899 : Act Ht Description of Instrument Proper Stamp-tuty LETTER OF GUARAN- TEE, See AGREEMENT Wo. 5). 38, LETTER OF LICENCE, Twenty-five rupees. that is to say, any agreement between a debtor and his cre- ditors, that the letter shall, for ‘a specified time, suspend their claims and allow the debtor to carry on business at his ‘own discretion, 39, MEMORANDUM OF AS- SOCIATION OF A COM- PANY— © if accompanied by articles of Seventy-five rupees, association under section 35 of the Companies Act, 1913 ; (®) if not so accompanied =... Two bundred-rupees. vit of Exemption ‘Memorandum of any associt- tion not formed for profit and registered under section 26 of the Companies Act, yao 1913; 1913. 40. MORTGAGE-DEED not be- . ing an AGREEMENT -RE- 4 LATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6), BOT= 53 © TOMRY BOND (No. 16), MORTGAGE OF A CROP (No. 41), RESPONDENTIA BOND (No. 56). OR SE- OURITY BOND (No. 57)—‘3800. AceTH “Stamps 5933 — ‘Description of Instrument «Proper Stamp-duty ——— (@) when possession of the pro- The same duty as on a perty or any part of'the pro- conveyance (No! 23) for perty comprised in” such: a consideration equal to deed is given by the mort- the amount secured by gagor or agreed to be given;, spch deed, (@) when possession is not given The same duty as on a ‘or agreed to be given as Bond (No. 15) for the aforesaid; amount secured by such deed. . Explanation—A mortgagor’ ' ae ‘who gives to the mortgagee @ d power of attorney to collect” rents or a Tease of the pro- perty mortgaged of part thereof, is deemed to give i possession within the maii- 7 ing of this Article, (© wien a collateral or auxiliary * or additional or substituted ‘ secuzity, or by way: of fur 2 . ther assurance for the. above * mentioned purposes where the principal or primary se- curity is duly stamped— * for every sum secured not Ten rupess. exceeding Rs. 1,000 ; and for every Rs, 1,000 or Ten rupees: part thereof secured in ex- ceés of Rs, 1,000, ; i Exemptions Z (1) Instruments, executed by per- sons taking advances under the Land Improvement Loans Act, 1883, or, ‘the [Punjab] Agriculturists Loans Act, 1958 or by their sureties as security for the repayment of suchadvances. [Subs by Po ALO. 1 of 1974, for “West Pakistan”ae Stamps {1899 Awe XT — Description off Instrument Proper: Stamp-duty — + °@) Letter of -hypothecation ‘sccompanying 2 Bill of Ex- change. : 41. MORTGAGE OF A OROP, including any instrument evi- dencing ah agreement to se- eure the repayment of 3 loan made upon any mortgage of actop, whether the crop is or is mot in exsistence at, the time of mortgage— @ when the loan is re-payable ‘not more than three months from the date of the instra- ment— for every sum secured not ‘exceeding Rs, 200 ; and for every Rs. 200 or Twenty-five paisa. Part thereof secured in ex- cess of Rs. 200 ; (@) when the loan is re-payable morethan three months, but not more than eighteen months.from the date of the instrument ; forevery sum secuted not Fifty paisa, exceeding Rs. 100; and for every Rs. 100 or Fifty paisa, part thereof secured in excess of Rs. 100. ve.paisa. 42, NOTARIAL ACT, that isto Four rupees. say, any instrument, endorse- ment, note, attestation, certi= ficate or entry not being a PROTEST (No. 50) made or1899 : Act I] Stamps 425 Description of Instrument Proper Stamp-duty signed bya Notary Public in. the execution of the duties of. his office, or by any other person lawfully acting as a ‘Notary Public, See also. PROTEST OF BILL: OR. NOTE (No. 50). 43, NOTE OR MEMORANDUM sent by a broker or agent ‘to hig. principal intimating the purchase or sale on ac- count of such principal— “ (a) of any goods exceeding in Fifty paisa. value twenty rupees ; (©) of any stock or marketable Twenty-five paisa for security exceeding in value every Rs. 5,000 or part twenty rupees, not being a thereof of the value of Government Security; the stock or security. _ (of a'Government security Twenty-five paisa for every 10,000 rupees or part thereof of the value of the security subject to a maximum of forty rupees. .44.. NOTE OF PROTEST BY Four rupees. ‘THE MASTER OF A SHIP. See also PROTEST BY MASTER OF A SHIP (No. st). ‘ORDER FOR THE PAY- MENT OF MONEY. ‘See BILLOF EXCHANGE (No. 13).408 Stachips [ib99': Actat Description of Instrument Proper Stamp-dvity 45. PARTITION—instrument of” The'sainte dity'as on a as defined by section 2 (15)]. Bond (No. ‘15) for the ambunt of the value of the’ séfarated share or shares “of' the property. +. of) Bxplanation—The largest sharereminingafter the property is partitioned | rs crs Oe if therg are,ovo or more shares of equal value "and, not smaller than any. of the other shares, than’ one of such equal shares) shall be deemed to be that from which other shares are separated : Provided always that— (@ when an instrument of partition contain- ing an agreement to divide property in severalty is execu- ted and a partition is effected in pursue ance of such agree~ ment, the duty ; _ghargeable upon the ‘instrument affecting such partition shall be reduced by the amount ofduty paid in respect of the first instrumient but + coy shallnot be dessthan four. rupecs 5 (®) where land is held on “Revenue Settlement for a petiod not ex- ‘ceeding thirty years4999s: Act A] Stamps 427 "Description of Instrument Proper Stamp-duty et coe age paging the full assessment, the value for purpose pf duty shall he caleu- 4 “tated at not more . than five times the arinual reventie ; 4 (c) where a°final order for effecting a parti- tion passed. by any +. Revenue authority Eee 7 ‘or any Givil Court, oran award by an arbitrator directing 7 7 a partition, isstamp- ed with’ the’ stamp required for an strument of pat tion in pursuance of “ suchorder oraward is subsequently exe- cuted, the duty on such" instrument shall not exceed four rupees. @_when instrument of partition is exe- cuted in respect of ‘agricaltural land, the Stamp Duty shall be charged as : fone rupee for every Tupees one hundred or part thereof of . the value of such land} 4%. PARTNERSHIP— A=INSTRUMENT OF— (@) where the capital of thé part- ‘Ten rupees. nership does not exceed Rs. 500. ‘abs. by Pb Act XL of 1975,Stamps 11899: ade TE Description of Tastrument Proper Stamp-dity (@) in any other case Fifty rupees. -B-DISSOLUTION OF— ‘Twenty-five rupees. PAWN OR PLEDGE, see AGREEMENT RELATING TO.DEPOSIT OF TITLE- DEEDS, PAWN OR PLED- _ GE (Nos). 47. POLICY OF INSURANCE— A—Sée INSURANCE (see section 7) if drawn Tf drawn in singly duplicate for each pari (1) For each voyage— @ where the premium orcon- ‘Ten paisa Five paisa, sideration does not ex- | ceed the rate of 1/8 per cent of the amount in sured, by the policy, for every full sum of Rs. 5,000 and also any frac- tional. parts thereof insur ed by the policy; Gi) in any other,;case, in res- Ten paisa, Five paisa. pect ofeyery full sum of Rs, 2,000, and also any fractional part thereof in- sured by the policy. (2) For time— in respect of every full sum of Rs. 2,000 or part thereof insured by the policy— Gi) where the insurance shall Thirty paisa, Fifteen paisa, be made for any time not ‘exceeding six months ; (ji) where the insurance shall Sixty paisa. Thirty paisa. be made for any timeex- 7 ceding six months and not exceeding twelve months.Description of instrument : nu : B—FIRE—INSURANCE AND OTHER CLASSES OF IN- SURANGE, NOT ELSE- WHERE INCLUDED IN THIS ARTICLE, COVER- ING GOODS, MERCHAN- DISE PERSONAL EFF- ECTS, “CROPS, AND OTHER PROPERTY AGA- Proper Starnp-duty INST LOSS OR DAMAGE— (1) in respect of an original policy— (@ when the sum insured does not exceed Rs. 5,000. (i) in any other case and (2) in respect of each receipt for any payment of a premium ‘on any renewal of an origi- nal policy. G-ACCIDENT AND SICK-" NESS-INSURANCE— (@) Against railway accident, ‘valid for a single journey only. Exemption ‘When issued to a passenger travelling by the interme- diate or the third class in any railway. Fifty paisa, ‘Ont rupee. ‘One-half of the duty pay- able in respect of the original. policy im addi- tion to the amount, if any, chargeable under No. 53. (6) In any other case for the. “‘Tweny-five paisa; provi- ‘maximum amount which ded that, in case of a may become payable inthe policy of insurance against ‘case of any single accident death. by accident whenDescription of Instrumen Proper cr Stamp-dety “" or sickness where such amount does not exceed Rs. 2,000 and also where such amount exceeds Rs. 2,000 for every Rs. 2,000 or Part thereof. D—INSURANCE BY WAY OF INDEMNITY— Against liability to pay da- ‘mages on account of accidents to workmen employed by or under or against. liability to ay compensation under the Workthen’s °° Compensation Act, 1923, for every Rs, - 100 or part théreof payable ‘as premium. E—LIFE INSURANCE OR OTHER INSURANCE NOT SPEOIFICALLY PROVIDED FOR, except such « RE-INSURANCE as is described in Division of this article— (@) for every sum insured not exceeding Rs. 250 ; Gi) for every sum insured ex- ceeding Rs. 250 but not exceeding Rs. 500 ; (iii) for every sum insured ex- ceeding Rs. 500 but not exceeding Rs. 1,000 and“ also’ for, every Rs. 1,000 or part thereof in excess of Rs. 1,000. «the annual premium pay- able does not exceed Rs. 2.50 per. Rs, 1,000 the duty on sich ine strumest, shall be five paisa for every. Rs. 1,000 -.or; part: thereof ‘the maximum. amount Five paisa. Vin of 1923. If drawn If drawnin singly. . duplicate, 7 _ Sor each part Ten paisa. Five paisa. Twenty Ten paisa, Forty paisa. Twent paisa.‘Starhps ai 2° Description of Instrument —«s-~ Proper Stammp-ditty a Exemption Policies of life insurance gran- ted by the Director-General be of Post Offices in accordance with rules for Postal Life ‘Ta- surance issued under the aus thority ofthe "Central Gov- ‘ernment. F-RE-INSURANOE BY AN Onc-half ofthe duty pay- INSURANCE GOMPANY able in respect of the WHIGH HAS GRANTED original insurance but A POLICY OF THE NA- not less than five paisa TURE SPECIFIED IN DI- ormofe’ than one rupee. VISION A OR DIVISION B OF THIS ARTICLE WITH ANOTHER COMPANY BY WAY OF INDEMNITY OR GUARANTEE AGA- INSTTHE PAYMENT ON THE ORIGINAL INSU- RANOE OF A CERTAIN PART OF THE SUM IN- SURED THEREBY. General Exemption Letter of cover or engagement to issue @ policy of insurance: Provided that, unless such letter ‘of engagement bears the stamp prescribed by this Act for such policy nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. : 48, POWER-OF-ATTORNEY as defined by section 2 (21), not ‘Now Federal Goverment, see P. 0. 4 of 1975432 Stamps (1899: Act ee Description of Instrument Proper Stamp-duty a being a proxy (No. 52)— (@ when executed for the sole Two rupees. Purpose of procuring the re- gistration of one or more _ documents in relation to a single transaction or for ad- oe mitting execution of one or ‘More such document ; (6) when authorising one person Five rupees. ’ OF More to act in a single Al transaction other thap the ~ case mentioned in clause (a); " (©) when authorising not more _- Twenty-five rupees, than five persons to act join- * tly and severally in moro than one transaction .or generally ; (@ when authorising mots thap.- Fifiy rupees, , five but not more than ten Persons to act jointly and severally in more than one transaction or generally ; (© when given for consideration The same duty as is levie and authorising the attorney able on a conveyance to sell any immovable pro- (No. 23) for the amount erty ; of the consideration. (/) in any other case Five rupees for each per- son authorised. Explanation \—For the pure Poses of this Article more Person than one when bee Tonging to the same firm shall be deemed to be one Person. .1899 : Act IT} ‘Stamps _ Description of Instrument _ Explanation 2— The term “ Registration” fncludes every operation incidental to registration under the Registration Act, 1908. 49. PROMISSORY NOTE as de- fined by section 2 (22)— (@) when payable on demand— (@ when the amount or value does not exceed Rs. 250 ; i) when the amount or value exceeds Rs. 150 but does not exceed Rs. 1,000; (iii) when the amount or value ‘exceeds Rs 1,000 but does not exceed Rs. 5,000 (iv) in any other case (6) when payable otherwise than on demand. 50. PROTEST OF BILL OR NOTE, that is to say, any de- claration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonour of a Billof Exchange or promis- sory note. 51. PROTEST BY THE MAS- TEROFASHIP, that is to say, any declaration of the 43 Proper Stamp-duty Fifty paisa. ‘One rupee. Five rupees. Ten rupees. ‘The same duty as.on @ Bill of Exchange (No. 13) for the same amount payable other- wise than on demand. Four rupees. Four rupecs.434 Stamps [1899 Act Deicription of Instrument Proper Stamp-duty Sa particulars of her voyage drawn up by him with aview to the adjustment of losses or the calculation of averages, and every declaration in writ- ing made by him against the charterers or the consignees or not loading or unloading the ship, such declaration is attested or certified by a No- tary Public or other person lawfully acting as such, ‘See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44), 52, PROXY empowering any per- Twaty-fve paisa, son to vote at any one ‘lection of the members of a district orlocal board or of a body of municipal commis. sioners, or at any one mecting of (a) members ‘of an incor- porated company or other ody corporate whose stock or funds is or are divided into shares and transferable ; (5) alocal authority ; or (c) pro- prietors, members’ or contri- butors to the funds of any institution, (53. RECEIPTS as defined by sec- tion 2 (23) forany money or. other property the amount or value of which exceeds twenty rupees— (@ where the amount or Fifteen paisa, value does not exceed one hundred rupees ;