The Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act, 1954

1954 : Pepsu Act 18] OCCUPANCY TENANTS (VESTING 55 OF PROPRIETARY RIGHTS) THE PEPSU OCCUPANCY TENANTS (VESTING OF PROPRIETARY RIGHTS) ACT, 1954. (Acr No. 18 or 1954) CONTENTS SECTIONS. ’ 1. Short title, extent and commencement. 2. Definitions. - 3. Extinguishment of rights of landlords and vesting the same in occupancy tenants. 4. ll)etermination of compensation payable to the land- ord. 5. Principles of compensation. 6. Rights of landlords in Shamilat to vest in occupancy tenants. 7. Liability of occupancy tenant for payment of com- pensation. 8. Payment of compensation to landlords. 9. Appeal and revision. 10. Amendment of orders. 11. Certain powers of special officer, Collector, Commis- sioner and Financial Commissioner. 12. Certain mortgages and charges not enforceable against any land held by occupancy tenants. 12-A. Act not to apply to certain evacuee property. 13. Bar of jurisdiction. 14. Protection of action taken in good faith. 15. Certain officers to be public servants. 16. Removal of certain doubts, 17. Power to make rules. 18. Repeal and savings. 1954 : Pepsu Act 18] 0CCUPANCY TENANTS (VESTING 57 OF PROPRIETARY RIGHTS) THE PEPSU OCCUPANCY TENANTS (VESTING OF PROPRIETARY RIGHTS) ACT, 1954. ( Act No. 18 or 1954). [Received the assent of the President on the 24th Septem- ber, 1954, and first published for general information in the Patiala and East Punjab States Union Govern- ment Gazette, (Extraordinary), dated the 4th Octo- ber, 1954]. 1 2 a ‘ 4 ‘Whether affected by Year | No. Short title Legislation 1954 18 | The Pepsu Occupancy | Amended by Punjab Act 29 of 19581 Tenants (Vesting of Proprietary Rights) | Amended by the Punjab Adaptation Act, 1954 of Laws (State and Concurrent Subjccts) Order, 1968. Amended by Punjab Act 1 of 19702, An Act to vest proprietary rights in occupancy tenants and provide for payment of compensation to landlords and for matters connected therewith. It is hereby enacted in the Fifth Year of the Republic of India as follows:— i 1. (1) This Act may be called the Pepsu Occupancy tShgrt t(iltle, ex- ent and com- Tenants (Vesting of Proprietary Rights) Act, 1954. mencement. ?'(2) It extends to the territories of the State of Pun- jab, which, immediately before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union.1. (3) It shall come into force at once, *[* * * *]. 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958 pages 1451-52, 2For Statement of Objects and Reasons, see Punjab Givernment Gazette (Extraordinary), 1969 page 1126. 8Sub-sectiin (2) substituted by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968. “Omitted by Punjab Act No. 29 of 1958, section 2. 5% OCCUPANCY TENANTS (VESTING [1954 : Pepsu Act 18 OF PROPRIETARY RIGHTS) Definitions. 2. In this Act, unless the context otherwise re- quires,— (a) “appointed day” means— (i) in relation to any person who at the coms- mencement of the President’s Act, is, or is deemed to be, an occupancy tenant, the date of such commencement; and (1) in relation to any other person who, after the commencement of the President’s A ct, obtains a right of occupancy in respect of any land the date on which he obtains such right of occupancy; _(b) “Collector” means the Collector of the district in which the land, in respect of which proprie- tary rights are vested in an occupancy tenant under this Act, is situate and includes any other officer specially empowered by the Gov- ernment to perform the duties of a Collector under this Act; (¢) “Commissioner” ancl “Financial Commissioner” have the meanings respectively assigned to them under the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887) and includes any other officer specially empowered by the Government to perform the duties of a Com- .missioner or Financial Commissioner under this Act; (d) “Government” means the Government of the State of '[Punjabl; (e) “Land”, “land revenue”’, “rent” and all other words and expressions used, but not defined in this Act and defined in the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887) shall have the meanings respectively assigned to them in that Act; (f) “landlord” means J landowner or any other person under whom an occupancy tenant holds 1Qubstituted by the Punjab Adaptati on of Laws (State and Con. current Subjects) Order, 1968. 1954 : Pepsu Act 18] occuPaNcy TENANTS (VESTING 59 OF PROPRIETARY RIGHTS) land and to whom the occupancy tenant is, or but for a special contract would be, liable to pay rent for that land and includes the prede- cessors and successors in interest of a landlord; A} (g) “landowner” has the same meaning as in the Punjab Land Revenue Act, 1887 (Punjab Act L XVIT of 1887); (h) “Occupancy tenant”, in respeet of any land means a person who, at the commencement of the President’s Act is or is deemed to be an occupancy tenant in respect of the land and in- cludes a person who, after such commence- ment, obtains a right of occupancy in respect of the land, whether by any agreement with the landlord or by any decree or order of any court or other authority of competent jurisdic- tion and includes also the predecessors and suc- cessors in interest of an occupancy tenant: Provided that no person who has abandoned his ten- ancy shall be deemed to be an occupancy tenant within the meaning of this clause. Explanation 1.—For the purposes of this clause, a per- son is or is deemed to be an occupancy tenant at the com- mencement of the President’s Act— (i) if he is recorded, immediately before the com- mencement of the President’s Act, as an occu- pancy tenant in the latest annual records; or (ii) if he is recorded in the record-of-rights of any of the estates of the former Faridkot State as— (a) Muzara-i-shartia; ‘ (b) Chakotedar khas; (c) Muzara bilatai-yun sifat; (d) Muzara tabe marzi malik; (e) Chakotedar nautor; of any landlord, not being the Government; or 60 OCCUPANCY TENANTS (VEs-rflvG [1954 : Pepsu Act 18 OF PROPRIETARY RIGHTS) (i) if he is recorded in the latest annual records of any estate of the former Malerkotala State as— (@) dakhilkar; i (b) maurussi; or (iv) if he was recorded as an occupancy tenant in the annual records on the 11th March, 1940, and— (a) his right of occupincy in the land has been extinguished, but partition proceedings under the Farman-i-Shahi No. 6, dated the 11th March, 1947, or the Patiala and East Punjab States Union Abolition of Biswe- dari Ordinance, 2006 Bk. (Ordinance No. XXIII of 2006 Bk.) have not been finally completed; or (b) he has been dispossessed, or deprived of his right to the occupation of the land at any time after the 11th March, 1940, but has not been granted any relief under the Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 Bk. '[(v) if he is recorded, ilJnmediately before the com- mencement of the Pepsu Occupancy Tenants (Vesting of Proprietary nghts) Amendment Act, 1969, as a Mugarraridar in the latest an- nual records.]. Explanation II.—Where an occupancy tenant holds any land under another occupancy tenant, the former shall be deemed to be the occupancy tenant within the meaning of this clause; (i) “prescribed” means prescribed by rules made under this Act; | (j) “special officer” means any officer appointed by the Government by notification in the official ‘Gazette for performing the functions and duties 1Paragraph (v) added by Punjab Act No. 1 of 1970, section 2. 1954 : Pepsu Act 18] occuPaNcy TENANTS (VESTING 61 . OF PROPRIETARY RIGHTS) assigned to such officer under this Act and a ! special officer shall have jurisdiction to per- form his functions in such local area as may be specified in the notification; (k) “the President’s Act” mcans the Patiala and ‘ East Punjab States Union Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 (President’s Act 3 of 1953); (1) references, in this Act to the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887), and the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), shall be construed as references to those Acts as in force in the State of Patiala and East Punjab States Union. 3. Notwithstanding anything to the contrary con. Extinguishment . . N . . of rights of land- tained in any law, custom or usage for the time being in Jgnry Vesting force, on and from the appointed day,— the same jn occupancy te- (a) all rights, title and interest (including the con- nants. tingent interest, if any, recognised by any law, custom or usage for the time in force) of a landlord in the land held under him by an oc- cupancy tenant shall be extinguished; and such rights, title and interest shall vest in the oc- cupancy tenant free from all encumbrances, if any, created in the land by the landlord; (b) the landlord shall cease to have any right to collect or receive any rent in respect of such land (including arrears of rent, if any, whether under a decree or not, for any period prior to the appointed day) and his liability to pay land revenue in respect of the land shall also cease; (c) the occupancy tenant shall be liable to pay direct to the Government the land-revenue payable in respect of the land; (@) the landlord shall be entitled to receive and be paid such compensation as may be determined or deemed to have been determined, under this Act. 62 OCCUPANCY TENANTS (VESTING [1954 : Pepsu Act 18 OF PROPRIETARY RIGHTS) Bfetegx‘lfleaxs‘:zl . 4. (1) Any landlord whose rights have been ex- payable fo the tinguished under section 3 may, within twelve months landlord. from the appointed day, make an application to the special officer of competent jurisdiction in such form and manner as may be prescribed, for the determination of the amount of compensation payable to him. (2) For the purpose of determining the amount of compensation, payable to a landlord, the special officer may, of his own motion, and shall, on receipt of an appli- cation under sub-section (1), issue notice to the parties concerned and, after giving the parties an opportunity of being heard and after making such inquiry as he may con- sider necessary, the special officer shall make an award determining fhe amount of compensation payable by the occupancy tenant in accordance with the provisions of sec- tion 5 and section 6. ’ | (3) Where there is any dispute as to the person or persons who are entitled to the compensation, the special officer shall decide such dispute and if he finds that more than one person is entitled to compensation, he shall ap- portion the amount thereof amongst such persons. (4) Where the compensation is payable to a minor or to a person having a limited interest, the special officer may make such arrangement as may be equitable, having regard to the interests of the minor, the person having a limited interest and their reversioners. (5) In making any award under this Act, the special officer may having regard to the amount of compen- sation and other circumstances of the case, allow the oc- cupancy tenant to pay the compensation in such instal- ments and within such time as may be specified in the award; and in fixing such instalments, the special officer shall have regard to the following considerations, name- ly:— (a) Where the amount of compensation does not exceed two hundred and fifty rupees, the com- pensation may be recovered within a period of six months from the date of the award; | | 1954 : Pepsu Act 18] ocCUPANCY TENANTS (vesTING 63 OF PROPRIETARY RIGHTS) (b) Where the amount of compensation exceeds two hundred and fifty rupees the excess amount may be recovered in such six-monthly instal- ments, not extending in any case beyond six years from the date of the award, as the special officer thinks fit. (6) Every award made under this section shall con- tain such particulars as may be prescribed; and a copy of the award shall be forwarded to the occupancy tenant and the landlord. 5. (1) The amount of compensation payable to Principles of the lan(dl)ord for the extinguishment of his right, cmpensation. title and interest in any land under section 3 shall be determined in accordance with the provisions herein- after set out, that is to say— (a) where the rent payable by the occupancy tenant is expressed in terms of the land revenue in respect of the land, the amount of compensation shall be twelve times the annual rent thereof exclusive of land revenue and rates and cesses; (b) where the rent payable by the occupancy tenant is not so expressed in terms of the land revenue in respect of the land, and— (i) if the rent is payable in cash whether as a fixed amount orat a fixed rate with reference to the area of the land, the amount of compensation shall be twelve times the annual rent thereof exclusive of Jand revenue and rates and cesses or twelve times the land revenye includ- ing rates and cesses payable by the landlord in respect of the land, which- ever amount is less; or (i) If the rent is payable wholly or partly by a division or appraisement of the pro- duce on the basis of batai, the amount 64 OCCUPANCY TENANTS (VESTING [1954 : Pepsu Act 18 OF PROPRIETARY RIGHTS) of compensation shall be twelve times the land revenue including rates and cesses payable by the landlord in res- pect of the land; (¢) where no rent is payable by the occupancy tenant in respect of the land, the amount of compensation shall be an amount equal to the land revenue and rates and cesses pay- able by the landlord in respect of the land. (2) Where an occupancy tenant has not paid rent in respect of his land for any period prior to the appointed day, the compensation payable to the land- lord shall, in addition to the amount determined under sub-section (1), include the amount of arrears of rent lawfully recoverable from thl occupancy tenant : Provided that where the rent is payable wholly or partly by a division or appraisement of the produce on the basis of batai, then, notwithstanding anything to the contrary contained in any contract, judgment or decree, the rate of annual rent shall, for the purposes of this sub-section, be deemed to be equal to twice the land revenue including rates and cesses payable by the landlord in respect of the land. Explanation—For the purposes of this sub-section, the amount of arrears of rent lawfully recoverable means— (i) the amount of arrears of rent as may be determined in accordance with this sub- section for any period not exceeding three years prior to the appointed day where no decree for such period has been obtained; or (i%) the amount of arrears of rent as may be determined in accordance with this sub- section for any period not exceeding six years prior to the appointed day where a decree for such period has been obtained and the decree is legally executable on the appointed day. 1954 : Pepsu Act 18] ocCUPANCY TENANTS (VESTING 65 OF PROPRIETARY RIGHTS) 6. (1) Where the rights of a landlord in respect Fights of land- of any land have vested in an occupancy tenant under to vest in oc= section 3, then, notwithstanding anything to the con- ®Peney tenants. " trary contained in any law, custom or usage for the time being in force, the right, title and interest of the landlord in the share in the Shamilat in proportion to that land shall also, as from the appointed day, be extinguished and such right, title and interest in that share shall vest in the occupancy tenant free from all encumbrances, if any, created therein by the landlord; and the occupancy tenant shall be liable to pay land revenue, if any, in respect of that share. (2) The amount of compensation payable to the landlord for the extinguishment of his right, title and interest in any share under sub-section (1) shall be twelve times the land revenue including rates and cesses payable in respect of that share: Provided that in any case where the Shamilat is not liable to the payment of land revenue, the land revenue in respect thereof shall, for the purposes of this sub-section, be deemed to be assessed at the lowest rate prvalent in the village in respect of barani land and the amount of compensation shall be six times the land revenue so assessed. 7. (1) The amount of compensation awarded or Lisbility of oc-, deemed to have been awarded under this Act shall be for paf,’menetnot deposited with the Collector by the occupancy tenant compensation. in accordance with the terms of the award. (2) Where the occupancy tenant makes a default in the payment of compensation or any instalment thereof in accordance with the terms of the award, the amount due may be recovered from him in the same manner as an arrear of land revenue. 8. (1) There shall be paid by the Government Paymte.nt of com~ to every landlord as compensation for the extinguish- e to ment of his rights, title and interest in the land and of his right to recover arrears of rent, if any, due to him in respect thereof, the amount determined in that behalf under section 4. Appeal and re- vision, 66 occupaNcy TENANTS (VESTING [1954 : Pepsu Act 18 OF PROPRIETARY RIGHTS) ' 2) The compensation pL\yable under this Act shall, subject to the provisions of sub-section (3) and sub-section (4), be given in cash or in bonds or partly in cash and partly in bonds. (3) Where the amount of compensation does not exceed two hundred and fifty rupees, the compensa- tion shall be givensin cash within a period of eight months from the date of the award. (4) Where the amount of compensation exceeds two hundred and fifty rupees, the excess amount may be given in bonds carrying interest at three per centum per annum from the date of the award to the date of the redemption of bonds, and the bonds may be re- deemed in such instalments, as the Government thinks fit, not extending in any case beyond eight years from the date of the award. . 9. (1) Any person aggrieved by an award or order made by the special officer may, within thirty days from the date of the award or order, prefer an appeal to the Collector in such form and manner as be prescribed: Provided that the ColleJtor may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Any person aggrieved by an order of the Collector may, within thirty days from the date of the order, prefer an appeal to the Commissioner in such form and manner as may be prescribed: Provided that the Commissioner may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) With respect to all matters dealt with under this Act, the Financial Commissioner shall have the same power to call for, examine and revise the pro- ceedings of the special officer, or the Collector or the 1954 : Pepsu Act 18] occuPaNcY TENANTS (VESTING 67 OF PROPRIETARY RIGHTS) Commissioner as provided in section 84 of the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887). 18. Clerical or arithmetical mistakes in orders Amendment of passed by the Financial Commissioner or a Commis- °*9ers. sioner or a Collector or a special officer ar errors aris- ing therein from any accidental slip or commission may at any time, be corrected by the Financial Com- missioner or the Commissioner or the Collector or the special officer, as the case may be, either on his own motion or on an application received in this behalf from any of the parties. 11. For the purpose of this Act, the Financial Com- Certain powers missioner, Commissioner, Collector and special officer °Cf ofipe;‘iéfl °gic"-l'- may, in so far as may be necessary or expedient so to SoLeCor; o do, exercise all the powers of a revenue officer or a Financial Come~ revenue court, as the case may be, under the Punjal ™issioner. Tenancy Act, 1887 (Punjab Act XVI of 1887). 12. Notwithstanding anything contained in any Certain mort= contract or any law for the time being in force, no &gages and Char- claim or liability, whether under any decree or order Shle againet ey of a civil court or otherwise, enforceable against aland held by oc. landlord for any money which is charged on, or is 'Pancy tenants secured by a mortgage of, any land held under him by an occupancy tenant, shall be enforceable against the land, and every such claim or liabiliy shall be deemed to be a charge on the compensation payable to the landlord in respect of such land. '[12A. (1) Nothing in this Act shall apply 0 Aci not to appiy evacuee property as defined in the Administration of tascemin eva~ Evacuee Property Act, 1950 (XXXI of 1950). cuse property. (2) Notwithstanding anything contained in sub- section (1), the provisions of this Act shall, subject to the provisions of sub-section (3), apply to— (a) a person who, after the commencement of this Act, obtains a right of occupancy from the Central Government under the Displaced Section 12A inserted by Punjab Act No. 20 of 1958, section 2. Bar of jurisdic~ tion. i 68 OCCUPANCY TENANTS (VESTING [1954 : Pepsu Act 18 OF PROPRIETARY RIGHTS) Persons (Compensation and Rehabilitation)‘ Act, 1954 (44 of 1954); and (b) an occupancy tenant of a landlord who is an evacuee as defined in clause (d) of section 2 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950). (3) For the purposes of section 3 and sub-section (1) of section 4 the appointed date, in relation to a person referred to in sub-section (2), shall, notwith- standing anything to the contrary contained in this i:.ct or in any judgment, decree or order of any court, e,— (3) in the case of a person, who obtains a right of occupancy from the Central Government after the commencement of the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordinance, 1958, the date on which such right is obtained; and (ii) in any other case the date of commencement of the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordinance, 1958.] i 13. (1) Except under sub-section (3 of section 4, no Civil Court or anv other authority shall have - jurisdiction to settle. decide or deal with any question Protection of ac- tion taken in good faith. Which under this Act is required to be settled. decided or dealt with by the Financial Commissioner, Com- missioner, Collecor or special officer. (2) Save as otherwise expressly provided in this Act, every award or order made by the Financjal Com- missioner or the Commissioner or the Collector or the special officer shall be final and no award or order made under this Act, shall be called in question by any court or other authority. 14. (1) No suit, prosecution or other legal pro- ceeding shall lie against any officer in respect of any- thing which is in good faith done or intended to be 1951 : Pepsu Act 18] occuPaNCY TENANTS (VESTING 69 OF PROPRIETARY RIGHTS) done in pursuance of this Act or of any rules made thereunder. : (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provision contained in this Act or any rules made thereunder. 15. Every officer acting under or in pursuance Certain officers of the provisions of this Act or any rules made there- to be public under shail be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860). 16. For the removal of doubts, it is hereby Removal of cer- declared that all proceedings commenced under the fin doubts. Patiala and East Punjab States Union Abolition of Biswedari Ordinance, 2006 (Ordinance No. XXIIT of 2006 BK.), and the Farman-i-Shahi No. 6, dated the 11th March 1947, shall be disposed of in accordance with the provisions of this Act. 17. (1) The Government may, by notification in power to make the Official Gazette, make rules to carry out the pur- rules. poses of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rule may provide for all or any of the following matters, namely :— (a) the form and manner in which the applica- tion for determination of compensation may be made by the landlord:; (b) the form of notice and the manner in which notices may be served under this Act; (c) the manner in which inquiries may be held under this Act; (d) the circumstahces to be taken into con- sideration in fixing the number and amount Repeal and Savings, 70 OCCUPANCY TENANTS (vws—:lms [1954 : Pepsa Act 18 OF PROPRIETARY RIGHTS} of instalments for payment of compensation by an occupancy tenant; (e) the particulars which an award may con- tain; | (f) the manner in which compensation may be deposited by the occupancy tenant with the Collector; (g) the manner of payment of compensation to the landlord by the Government; (h) the manner in which appeals and applica- tion for revision may be filed; (i) fees, if any, to be paid on an application under this Act; or (j) any other matter which has to be, or may be, prescribed. | 18. The Patiala and East Punjab States Union Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 (President’s Act 3 of 1953), is hereby repealed but, notwithstanding such repeal, anything done or any action taken in the exercise of any power con- ferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers con- ferred by or under this Act, as if this Act was in force onkthe day on which such thing was done or action was taken. [