The Punjab Occupancy Tenants (Vesting of Proprietary rights)

Act, 1952
(Punjab Act 8 of 1953)
1[Received the assent of President on the 14th April, 1953, and was first published in the Punjab
Government Gazette (Extraordinary) of the 15th April, 1953].
LEGISLATIVE AMENDMENTS
Amended by Punjab Act 13 of 1955
Amended by Punjab Act 31 of 1958
Amended by Punjab Act 29 of 1959
1 For Statement of objects and Reasons, see Punjab Government Gazette, Extraordinary, dated 1st
October, 1952, pages 1061-62; for proceedings in the Assembly, see Punjab Legislative Assembly,
Debates, 1953.
NOTE
Statement of objects and Reasons: In March, 1949, a Land Reforms Committee was appointed by
Government to examine the tenancy legislation in force in this State and to suggests ways and means
to ameliorate the economic condition of tenants. One of the recommendations of that Committee
was that the occupancy tenants should be given proprietary in their tenancies on payment of suitable
compensation of the landlords. The Committee was of the view that conferment of proprietary rights
in the land on the actual tiller of the soil was in conformity with the modern trends of thought. The
Committee also felt that because of the tension prevailing between occupancy tenants and their
landlord neither the tenant nor the landlord was in position to develop the land to its utmost. As the
State Legislative was suspended, the President of the Union enacted the Punjab Occupancy Tenants
(Vesting of Proprietary Rights) Act, 1951 (Presidents Act No.VIII of 1951). In order to give effect to
the recommendations made by the Land Reforms Committee. It came into force from 15th June,
1952.
2. Under the Act as enacted by the President all rights of landlords in the land held by occupancy
tenants, whether at present or in future, are to be extinguished and these will pass to the occupancy
tenants on payment of such compensation for acquisition of these rights as may be determined under
the Act. In brief the Act aims at converting all occupancy tenants into proprietors of their tenancies.
The evacuee property has however, been exempted from the provisions of this Act because there has

been no final agreement with Pakistan regarding it and the land left by displaced persons in
Pakistan.
3. Now the State Legislature is in session the Act is being reenacted under Article 357(2) of the
Constitution of India. The Act has been slightly modified now so as to enable the occupancy tenants
to acquire proprietary rights in the Shamilat land also. (Punjab Government Gazette Extra-ordinary,
dated the 1st October, 1952);
An Act to vest proprietary rights in occupancy tenants and to provide for payment of compensation
to the landlords whose rights are extinguished and for certain consequential and incidental matters.
Page Contents [hide]

Section 1. Short title, extent and commencement

Section 2. Definition

Section 3. Vesting of proprietary rights in occupancy tenants and extinguishment of

corresponding rights of landlords

Section 4. Determination of compensation payable to landlord

Section 5. Principles of compensation

Section 6. Payment of Compensation

Section 7. Appeal, review and revision

Section 8. Certain mortgagee and charges not enforceable against land held by occupancy tenants

Section 9. Act not apply to evacuee property

Section 10. Bar of jurisdiction

Section 11. Bar to legal proceedings

Section 12. Power to make rules

Section 13. Repeal and saving

Section 1. Short title, extent and commencement

1) This Act may be called the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952.
(2) It extends to the whole of the State of Punjab.
(3) It shall be deemed to have come into force on the 15th day of June 1952.

Section 2. Definition
In this Act, unless the context otherwise requires
(a) Appointed day means

(i) in relation to any tenant who, immediately before the commencement of this Act, is recorded as
an occupancy tenant of any land in the revenue records, on the 15th day of June, 1952.
(ii) In relation to any tenant who obtains a right of occupancy in any land after commencement of
this Act, 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 proprietary
rights are vested in an occupancy tenant under this Act, it situate, and includes any officer not below
the rank of an Assistant Collector of the First Grade specially empowered by the State Government to
perform the duties of a Collector under this Act ;
(c) Commissioner and Financial Commissioner have the meanings respectively assigned to them
under the Punjab Land Revenue Act, XVII of 1887 (Punjab Act XVII of 1887);
(d) land, land revenue and rent have the meanings respectively assigned to them in the Punjab
Tenancy Act, XVI of 1887. (Punjab Act XVI of 1887);
(e) landlord means a person under whom an occupancy tenant holds land and to whom the
occupancy tenant is, or but for special contract would be, liable to pay rent for that land, and includes
the predecessors and successors in interest of a landlord and shall for the purposes of section 4
includes the mortgagee.
(f) occupancy tenant means a tenant who, immediately before the commencement of this Act, is
recorded as an occupancy tenant in the revenue records and includes a tenant who, after such
commencement, obtains a right of occupancy in respect of the land held by him whether by
agreement with the landlord or though a court of competent jurisdiction or otherwise, and includes
also the predecessors and successors in interest of an occupancy tenant.

Section 3. Vesting of proprietary rights in occupancy tenants

and extinguishment of corresponding rights of landlords
Notwithstanding anything to the contrary contained in any law, custom or usage for the time being
in force, on and from the appointed day(a) all rights, title and interest (including the contingent interest, if any, recognized by any law,
custom or usage for the time being in force and including the share in the Shamilat with respect to
the land concerned) of the landlord in the land held under him by an occupancy tenant, shall be
extingushed, and such rights, title and interest shall be deemed to vest in the occupancy tenant free
from all encumbrances if any, created by the landlord:

Provided that the occupancy tenant shall have the option not to acquire the share in the Shamilat by
giving a notice in writing to the Collector, within six months of the publication of this Act or from the
date of his obtaining occupancy rights whichever id later;
(b) the landlord shall cease to have any right to collect or receive any rent or any share of the land
revenue in respect of such land and his liability to pay land revenue in respect of the land shall also
cease;
(c) the occupancy tenant shall pay direct to the Government the land revenue accruing due in respect
of land;
(d) the occupancy tenant shall be liable to pay, and the landlord concerned shall be entitled to receive
and be paid, such compensation as may be determined under this Act.

Section 4. Determination of compensation payable to

landlord
Any landlord whose rights have been extinguished under Section 3 may, within twelve months from
the appointed day, apply to the Collector, in such form as may be prescribed for the determination of
the amount of compensation payable to him by the occupancy tenant:
Provided that the Collector may entertain the application after the expiry of the said period of twelve
months if he is satisfied that application was prevented by sufficient cause from filing the application
in time.
(2) On receipt of an application under sub-section (1), the Collector shall issue notice to the parties
concerned and after giving the parties an opportunity of being heard and after making such inquiry
as may be prescribed, shall make an award determining the amount of compensation payable by the
occupancy tenant to the landlord in accordance with the provisions of section 5.
(3) Where there is any dispute as to the person or persons who are entitled to the compensation, the
Collector shall decided such dispute and if the Collector finds that more than one person is entitled
to compensation, he shall apportion the amount thereof amongst such persons.
(4) Where the compensation is payable to a minor or to a person having a limited interest the
Collector may make such arrangements as may be equitable having regard to the interest of the
minor, the parties concerned and their reversioners.

Section 5. Principles of compensation

The amount of compensation payable to the landlord under this Act shall be determined in the
manner and in accordance with the principles hereinafter 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:(i) if the right of occupancy has been obtained on any of the grounds specified in section 5 of the
Punjab Tenancy Act, 1887 (XVI of 1887), (Punjab Act XVI of 1887), be equal to the annual rent
(exclusive of land revenue and cesses) plus one anna for every rupee of the annual land revenue
multiplied in each case by twenty:
(ii) in any other case, be equal to the annual rent (exclusive of land revenue and cesses) plus two
annas for every rupee of the annual land revenue multiplied in each case by twenty-five;
Illustration (A). If the annual rent (exclusive of land revenue and cesses) is Rs.50 and the land
revenue payable annually is Rs.160, then, in a case coming under clause (i) the amount of
compensation will be (Rs.50 + Rs.10) X 20 = Rs1,200.
Illustration (B). If the annual rent (exclusive of land revenue and cesses is Rs.50 and the land
revenue payable is Rs.160 then, in a case coming under clause (ii) the amount of compensation will
Rs.50 + Rs.20) X 25 = Rs.1,750.
(b) Where the rent payable by the occupancy tenant is not any way expressed in terms of the land
revenue in respect of the land. 1[and subject to the condition that it shall in no case exceed a quarter
of the market value of the land], the amount of compensation shall,
(i) if the rent is paid in cash, whether as a fixed amount or at a fixed rate with reference to the area of
the land, be equal to twenty times the average annual rent in respect of the land;
(ii) if the rent is paid by a division or appraisement of the produce on the basis of batai, bear the
same propostion to average market value of the land as the landlords share of the produce bears to
entire produce of the land;
2[* * * * * *].
(iii) if the rent is paid partly in cash (whether as a fixed amount or at a fixed rate with reference to
the area of the land) and partly as a share of the produce, be equal to twenty times the average
annual rent in respect of the land;

2[* * * * * *].
3[(iv) if in cases falling under sub-clauses (I) and (iii) it is not possible to determine the average
annual rent, be one-fourth of the average market value of the land.]
Explanation For the purpose of determining the average market value of the land or average
annual rent under this clause, the average of the market value of the land, or as the case may be, of
the rent paid or payable, and in any case where rent is a share of the produce the average of the price
of the produce during a period of fifteen years commencing from the 1st day of June, 1935, shall be
taken into account.
(c) where the share in Shamilat has also vested in the occupancy tenant, the amount of compensation
for it shall be equal to the five times the land revenue.

Section 6. Payment of Compensation

The compensation awarded under this Act shall either be paid in cash or be deposited with Collector
by the occupancy tenant within a period of three months of the date of the award;
Provided that the Collector may, having regard to the amount of compensation or for other reasons
and after recording his reasons for so doing, allow the occupancy tenant to pay the compensation in
such six monthly instalments, not exceeding in any case six years, as he thinks fit.
(2) Where the occupancy tenant makes a default in the payment of compensation in accordance with
the terms of the award, the amount due may be recovered in the same manner as an arrears of land
revenue.

Section 7. Appeal, review and revision

(1) An appeal shall lie from (a) any award or order made by the Collector, to the Commissioner,
and
(b) any order of the Commissioner, to the Financial Commissioner;
Provided that when original award or order is confirmed on first appeal, a further appeal shall not
lie.
(2) The Collector, the Commissioner or the Financial Commissioner may, either of his own motion or
on the application made within ninety days of the party interested, review and on such review,
modify, reverse or confirm any order passed by himself or by any of his predecessors in office; and
such power shall be exercised subject to the provisions so far as they may be applicable of section 82
of the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887).

(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 proceedings of the Collector or the Commissioner as
provided in section 84 of the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887).
(4) The period of limitation for an appeal under this section shall run from the date of the award or
order appealed against and shall be as follows:-

(a) when the appeal lies to the Commissioner

sixty days,

(b) when the appeal lies to the Financial Commissioner

ninety days.

(5) In computing the period for an appeal from an award or order under this Act, the Indian
Limitation Act, 1908 (IX of 1908), shall apply.
(6) For the purposes of this Act, the Collector, the Commissioner and the Financial Commissioner
may, in so far as may be necessary or expedient to do so, exercise all the powers of a revenue officer
or a revenue court as the case may be under the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887).

Section 8. Certain mortgagee and charges not enforceable

against land held by occupancy tenants
Notwithstanding anything contained in any contract or in any law for the time being in force, no
claim or liability, whether under and decree or order of a civil court or otherwise enforceable against
a landlord for any money which is charged on or is secured by a mortgagee of, any land held under
him by an occupancy tenant, shall be enforceable against the land, and every such claim or liability
shall be deemed to be a charge on the compensation payable to the landlord in respect of such land.

Section 9. Act not apply to evacuee property

(1) Nothing in this Act shall apply to evacuee property as defined in the Administration of Evacuee
Property Act 1950(XXXI of1950).
(2) Notwithstanding anything contained of this Act, (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 Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954);
and
(b) an occupancy tenant or 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 notwithstanding anythinf to the contrary contained in this
Act or in any Judgement, decree or order of any court, be,
(a) in the case of a person who obtains a right of occupancy from the Central Government after the
commencement of the Punjab Occupancy Tenants (Vesting of Property Rights) (Amendment)
Ordinance, 1958, the date on which such rights is obtained; and
(ii) in any other case, the date of commencement of Punjab Occupancy Tenants (Vesting of Property
Rights)(Amendment) Ordinance, 1958]

Section 10. Bar of jurisdiction

Save as otherwise expressly provided in this Act, every award or order made by the Collector,
Commissioner or Financial Commissioner shall be final, and no proceeding or order taken or made
under this Act, shall be called in question by any court or before any officer or authority.

Section 11. Bar to legal proceedings

No prosecution, suit or other legal proceeding shall lie against the State Government or any officer or
authority for anything which is in good faith done or intended to be done in pursuance of this Act or
of any rules made thereunder.

Section 12. Power to make rules

(1)The State Government may, by notification in the Official Gazette, makes rules to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matter namely:(a) the form and manner in which an application 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 manner in which compensation may be paid;
(e) the manner in which appeals and applications for review and revision may be filed;
(f) any other matter which has to be, or may be prescribed.

Section 13. Repeal and saving

The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1951 (Presidents Act VIII of
1951), is hereby repealed but, notwithstanding such repeal, anything done or any action taken in
exercise of any power conferred by or under the said Act shall be deemed to have been done or taken
in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on
which such thing was done or action was taken.

THE PUNJAB ABOLITION OF ALA MALKIYAT AND

TALUKDARI RIGHTS ACT, 1952

CONTENTS

Sections

1.
2.

Subject
Short title, extent and commencement

Definitions

3.

Abolition of rights of ala maliks and vesting of full

proprietary rights in adna maliks

4.

Determination of compensation payable to ala maliks

5.

Principle of compensation

6.

Payment of compensation

7.

Appeal, review and revision

8.

Certain mortgages and charges not enforceable against

land held by adna maliks

9.

Act not to apply to evacuee property

10.

Bar of jurisdiction

11.

Bar to legal proceedings

12.

Power to make rules

13.

Repeal of Presidents Act IX of 1951

THE PUNJAB ABOLITION OF ALA MALIKYAT

AND TALUKADARI RIGHTS ACT, 1952.
PUNJAB ACT NO. 9 OF 1953.

(1For Statement of Objects and Reasons, see Punjab Government

Gazette (Extraordinary), dated 29th November 1953, page 1433: for
proceedings in Assembly, see Punjab Legislative Assembly Debates,
1953.)

[Received the assent of the President on the 14 th day of April, 1953, and was first
published in the PUNJAB GOVERNMENT GAZETTE (Extraordinary) of the 15th August,
1953].
1

Year

No.

Short title

Whether repealed or otherwise

affected by legislation.

195
3

The Punjab Abolition of Ala

Malikiyat and Talukadari
Rights Act, 1952

Amended by Punjab Act, 21 of

19612

(2For Statement of Objects and Reasons see Punjab Government

(Extraordinary) 1961, page 290)

An Act to abolish the rights of superior proprietors, to confer

full proprietary rights on inferior proprietors in land held by them
and to provide for payment of compensation to the superior
proprietors whose rights are extinguished and for certain
consequential and incidental matters.

It is hereby enacted as follows :-

1.

Short title extent and commencement:

(1)
This Act may be called the Punjab Abolition of Ala
Malikiyat and Talukdari Rights Act, 1952.

2.

(2)

It extends to the whole of the State of Punjab.

(3)

It shall come into force at once.

Definitions: In this Act, unless the context otherwise

requires(a)

adna malik means, in the case of land in which the

proprietary rights are divided between superior and
inferior owners, the inferior owner;

(b)

ala malik means in the case of land in which the

proprietary rights are divided between superior and
inferior owners, the superior owner and includes
a talukdar;

(c)

Collector means the Collector of the district in which

the land, in respect of which the rights of ala malik are
abolished, is situated and includes any officer not below
the rank of an Assistant Collector of the First Grade
specially empowered by the State Government to perform
the duties of a Collector under this Act;

(d)

The expression land, land revenue, rent and any

other expression not defined, but used in this Act shall
have the meanings respectively assigned to them in the
Punjab Tenancy Act 1887 (Punjab Act XVI of 1887);

(e)

The
expression,
Financial
Commissioner
and
Commissioner have the meanings, respectively assigned
to them under the Punjab Land Revenue Act, 1887
(Punjab Act XVII of 1887).

3.
Abolition of rights of ala-maliks and vesting of full
proprietary rights in adna maliks:
Notwithstanding anything to the contrary contained in any law,
custom or usage for the time being in force, except as otherwise
provided in this Act(a)

all rights, title an interest (including the contingent

interest, if any, recognised by any law, custom or usage
for the time being in force). of an ala malik in the land
held under him by an adna malik shall be deemed to have
been extinguished as from 15 th June 1952; and full
proprietary rights shall be deemed to have vested in the
adna malik free from all encumbrances,

(b)

the ala malik shall cease to have any right to collect or

receive any rent or customary due in respect of such
land; provided that the extinguishment of the right of the

ala malik as aforesaid shall not affect his rights to receive

compensation in accordance with this Act.

4.

Determination of compensation payable to ala maliks:

(1)
Any ala malik whose rights have been extinguished
under section 3 may, before the 15 th of June 1953, apply to the
Collector in such form as may be prescribed, for the
determination of the amount of compensation payable to him;
Provided that the Collector may entertain the application
after the said date if he is satisfied that the applicant was
prevented by good and sufficient cause from filing the
application in time.
(2)
On receipt of an application under subsection (1) the
Collector shall issue notice to the parties concerned and, after
giving them an opportunity of being heard and after making
such enquiry as may be prescribed, shall make an award
determining the amount of compensation payable in
accordance with the provision of section 5.
(3)
Where there is any dispute as to the person or persons
who are entitled to the compensation, the Collector shall
decide such dispute and if the Collector finds that more than
one person is entitled to compensation he shall apportion the
amount thereof amongst such persons.
(4)
Where the compensation is payable to a minor or to a
person having a limited interest, the Collector may make such
arrangements as may be equitable having regard to the
interests of the minor, the parties concerned an their
reversioners.

(5)
The amount of compensation determined under this
section shall be payable by the adna malik :
Provided that where a portion of the annual rent or other
dues is payable by the Government, that portion of the
compensation, which bears the same proportion to the total
amount of compensation as the share of the Government in
the annual rent or other dues bears to the total amount of rent
or other dues, shall be paid by the Government.

5.

Principles of compensation:

The amount of compensation payable under this Act shall be

eight times the amount of annual rent and other dues, if any,
payable to the ala maliks, whether by the adna malik or whether
partly by adna malik and partly by the Government.
Provided that where the rent or other dues is or are paid
wholly or partly in kind, the amount of such annual rent or other
dues shall be calculated on the basis of the average of the price of
the produce during a period of fifteen years, commencing from the
1st day of June, 1935.

6.

Payment of compensation:
(1)

The compensation awarded under this Act shall either

be paid in cash to the party entitled to it or be deposited
with the Collector, by the adna malik or, as the case may
me, by the Government within a period of three months
of the date of the award :
Provided that the Collector may, having regard to
the amount of compensation or for other reasons to be
recorded by him, allow the adna malik to pay the

compensation in such six-monthly installments payable

within a period not exceeding six years in any case as he
thinks fit.
(2)

Where the adna malik makes a default in the payment

of compensation the amount due may be recovered in the
same manner as an arrear of land revenue.

7. Appeal, review and revision:

(1)

An appeal shall lie from(a)

any award or order made by the Collector to the
Commissioner ; and
(b)
any order of the Commissioner, to the Financial
Commissioner :

Provided that when an original award or order is

confirmed on first appeal, a further appeal shall not lie.

(2)
The Collector, the Commissioner or the Financial
Commissioner, may, either of his own motion or on the
application of the party interested, review and on such review
modify reverse or confirm any order passed by himself or by
any of his predecessors in office and such power shall be
exercised subject to the provisions, as far as they may be
applicable, of section 82 of the Punjab Tenancy Act, 1887
(Punjab Act XVI of 1887).
(3)
With respect of all matters dealt with under this Act, the
Financial Commissioner shall have the same power to call for,

examine and revise the proceedings of the Collector or the

Commissioner as provided in section 84 of the Punjab Tenancy
Act, 1887 (Punjab Act XVI of 1887).
(4)
The period of limitation for an appeal under this section
shall run from the date of the award or order appealed against
and shall be as follows :(a)
days.

when the appeal lies to the Commissioner Sixty

(b)
when
the
appeal
Commissioner Ninety days.

lies

to

the

Financial

(5)
In computing the period for an appeal from an award or
order under this Act, the Indian Limitation Act, 1908 (IX of
1908) shall apply.
(6)
For the purposes of this Act, the Collector, the
Commissioner and the Financial Commissioner may, in so far
as may be necessary or expedient to do so exercise all the
powers of a revenue officer or a revenue court as the case may
be under the Punjab Tenancy Act, 1887 (Punjab Act XVI of
1887).

8.
Certain mortgages and charges
against land held by adna maliks:

not

enforceable

Notwithstanding anything contained in any contract or in any

law for the time being in force, no claim or liability, whether under
any decree or order of a civil court or otherwise, enforceable against
an ala malik for any money which is charged on, or is secured by a
mortgage of, any land held under him by an adna malik shall be
enforceable against the land, but every such claim or liability shall

be deemed to be a charge on the compensation payable to the ala

malik in respect of such land.

[9

Act not to apply to certain evacuee property:

(1)
Nothing in this Act shall apply to evacuee property as
defined in the Administration of Evacuee Property Act, 1950
(XXXI of 1950).
(2)
Notwithstanding anything contained in sub-section (1)
the provisions of this Act shall subject to the provisions of subsection(3) apply to(a)

a person on whom, after the 15th June, 1952, the

rights of an adna malik are conferred by the Central
Government
under
the
Displaced
Persons
(Compensation and Rehabilitation) Act, 1954 (44 of
1954) ; and

(b)

an adna malik of land held under an ala malik who

is an evacuee as defined in clause (d) of section 2 of
the Administration of Evacuee Property Act, 1950
(XXXI of 1950).

(3)
In relation to a person referred to in sub-section (2) the
date of extinguishment of rights of an adna malik and vesting
of full proprietary rights in an adna malik under section 3 and
the period for applying to the Collector for the determination of
the amount of compensation under sub-section (1) of section
4, shall, notwithstanding anything to the contrary contained in
this Act or in any judgement decree or order of any court, be(i)

in the case of a person on whom the rights of an

adna malik are conferred by the Central Government
after the commencement of the Punjab Abolition of

Ala Malikiyat and Talukdari Rights (Amendment) Act,

1961 the date on which such rights are conferred,
and a period of twelve months from such date; and
(ii)

in any other case, the date of commencement of

the Punjab Abolition of Ala Malikiyat and Talukdari
Rights (Amendment) Act, 1961 and a period of
twelve months from such commencement.]

(1Substituted by Punjab Act 21 1961 section 2.)

10.

Bar of jurisdiction:

Save as otherwise expressly provided in this Act, every award

or order made by the Collector Commissioner, or Financial
Commissioner shall be final and no proceedings or order taken or
made under this Act, shall be called in question by any court or
before any officer or authority.

11.

Bar to legal proceedings:

No prosecution, suit or other legal proceeding shall lie against

the State Government or any officer so authorised for anything
which is in good faith done or intended to be done in pursuance of
this Act or of any rules made thereunder.

12. Power to make rules:

(1)
The State Government may, by notification in the
Official Gazette, make rules to carry out the purposes of this
Act.

(2)
In particular, and without prejudice, to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely(a)

the form an manner in which an application for

determination of compensation may be made by the
ala maliks;

(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 manner in which compensation may be paid;

(e)

the manner in which appeals and applications for

review and revision may be field;

(f)

any other matter which has to be, or may be,

prescribed.

13. Repeal of Presidents Act IX of 1951:

The Punjab Abolition of Ala Malikiyat and Talukdari Rigthts Act.
1951 (Presidents Act IX of 1951), is hereby repealed but,
notwithstanding such repeal, anything done or any action taken in
the exercise of any power conferred by or under the said Act or the
rules thereunder shall be deemed to have been done or taken in
exercise of the powers conferred by or under Act as if this act was in
force on the day on which such thing was done or action taken.

THE PUNJAB BHUDAN YAGNA ACT, 1955

CONTENTS
Sections

Subject
CHAPTER - I
PRELIMINARY

1.

2.

2A

Short title, extent and commencement

Definitions
Construction of certain references in the Act
CHAPTER II
ESTABLISHMENT OF THE BOARD

3.

3A

4.

5.

6.

7.

Incorporation of Bhudan Yagna Board

Powers of the Board in respect of the transferred
territory
Constitution of Board
Term of officer of members or Chairman
Filling of vacancy
Validity of proceedings

8.

9.

10.

11.

12.

13.

14.

15.

16.

Appointment of officers and servants

Conditions of service of officers and servants
Conduct of business
Quorum
Boards funds
Application on funds
Power to make contract
Dissolution of the Board
Tahsil Committees
CHAPTER - III
DONATION OF LAND

17.

18.

19.

20.

21.

Procedure for making donation of land

Order of Revenue Officers subject of Civil suit
Gifts to be irrevocable
Land vesting in Board not attachable
Donation of land prior to commencement of Act

22.

Lands which cannot be donated

CHAPTER - IV
DISTRIBUTION OF LAND

23.

24.

25.

26.

27.

Power of Board to allot land

Tahsil Committees to distribute land
Bhudan holders conditions of allotment
Ejectment of Bhudan holder on breach of conditions
Land held by Bhudan held by Bhudan holder not liable
to attachment
CHAPTER V
MISCELLANEOUS

28.

29.

30.

31.

32.

Exemption from stamp duty and registration

Ejectment of persons unlawful in possession
Partition of holdings
Procedure
Boards power to act as Thasil Committees

33.

Construction of references and power of Board to allot

land for community purposes

34.

Allotment of land

35.

Regulations

36.

Act not to apply to evacuee property

37.

Power to make rules

THE PUNJAB BHUDAN YAGNA ACT, 1955.

PUNJAB ACT NO. 45 OF 1956.

(1For Statement of Objects and Reasons, see Punjab Government

Gazette (Extraordinary). 1955 page 738.)
[Received the assent of the President on the 29th October, 1956; and
was first published in the Punjab Government Gazette (Extraordinary) of
31st October, 1956.]
Year

No
.

Short title

Whether affected by Legislation

1956

45

The Punjab
Bhudan Yagna
Act, 1955.

Extended to Pepsu Territory and amended

by Punjab Act 23 of 19572
Amended by Punjab Bhydan Yagna Board
(Reorganisation) Order, 1969.

(2For Statement of Objects and Reasons see Punjab Government Gazet6te

(Extraordinary). 1957 page 689)

An Act to facilitate activities in connection with the Bhudan

Yagna initiabted by Shri Acharya Vinoba Bhave, to provide for the
constitution of a Bhudan Yagna Board the donation of lands to the
said Board, the distribution to the said Board the distribution of
lands received in donation to landless persons as also their
utilisation for Community purposes; and for purposes connected
with the matters aforesaid.
BE it enacted by the Legislature of the State of Punjab in the
Seventh Year of the Republic of India as follows :CHAPTER - 1
PRELIMINARY.

1.

Short title, extenet and commencement:

(1)

This Act may be called the Punjab Bhudan Yagna Act, 1955.

[(2) It extends to the territories, which immediately before the 1 st day of

November 1966 were comprised in the state of Punjab excluding the Union
Territory of Chandigarh formed under section 4 of the Punjab Reorganisation
Act, 1966 (31 of 1966).]
(3Substituted by Govt. of India S. O. 1303, dated 31 st March, 1969)
(3)
2.

It shall come into force at once.

Definitions:

In this Act, unless there is anything repugnant in the subject or

context(a) Bhudan holder means a person recorded in village papers or recordof-rights as a Bhudan holder under section 25.
(b) Bhudan Yagna means the movement inititiated by Shri Acharya
Vinoba Bhave for the acquisition of lands through voluntary gifts
in favour of the Board.
1

[(c) Board means the Punjab Bhudan Yagna Board or the Haryana
Bhudan Yagna Board or the Himachal Pradesh Bhoodan Tagna Board

established or deemed to be established for the State of Punjab or the

State of Haryana or the transferred territory as the case may be;]

(1Clause (1) inserted by Punjab Bhudan Yagna (Recorganisation),

Order 1969 S.D. No, 1505, date 31st March, 1969.
(d) community purpose means any purpose which is for the good of the
community of the village in general;
(e) land means land which is occupied or let for agricultural purposes
or for purposes subservient to agriculture or for pasture;
(f)

landless person means a person holding no land or land less than

the area which may be prescribed in this behalf;

(g)

Revenue Officer means such Revenue Officer appointed under the

Punjab Land Revenue Act, 1887 2[or any other corresponding law for
the time being in force] as the State government may by notification,
appoint to discharge the functions of a Revenue Officer under that
Act, 3[or law];

(2Instersted by ibid.
3

Inserted by ibid)
(h) Prescribed means prescribed by rules made under this Act.
1

[(i) transferred territory means the territory transferred to the Union

territory of Himachal Pradesh under section 5 of the Punjab
Recorganisation Act, 1966 (31 of 1966)].

[2-A.

Construction of certain references in the Act:

In the application of the provisions of this Act(1)
to the State of Haryana, any reference therein to any expression
mentioned in column (1) of the Table below shall be construed as a reference
to the corresponding expression mentioned in column (2) of the said Table.

TABLE
1
State Government
Punjab Bhudan Yagna
Board.
Gazette

2
The Government of the State of
Haryana
Haryana Bhudan Yagna Board.
Official Gazette of the Govt. of
Haryana.

(2) to the transferred territory any reference therein to any expression

metioned in column (1) of the Table below shall be construed as a
reference to the corresponding expression mentioned in column (2) of the
said Table.

TABLE
1

State Government

Administration
Pradesh

of

Himachal

Punjab Bhudan Yagna Board

Himachal Pradesh Bhoodan Yagna

Board

Gazette

Official
Gazette
of
the
Government of Himachal Pradesh

CHAPTER II ESTABLISHMENT OF THE BOARD

1.

Incorporation of Bhudan Yagna Board.

(1) There shall be established a Board by the name of the Punjab

Bhudan Yagna Board.
(1Clause (c) substituted by Punjab Bhudan Yagna (Reorganisation)
Order, 1969, S. O. No. 1303 dated 31st March, 1969.
2
Section 2-A inserted by ibid.)

(2)

The Board shall be a body corporate having perpetual succession and

common seal with power to acquire and dispose of property both movable
and immovable and shall, by the said name, sue and be sued.

(3)

It shall be the duty of the Board to administer all lands vested in it for the
benefit of the Bhudan Yagna in accordance with the provisions of this Act and
the Rules made thereunder.

[3-A. Power of the Board in respect of the Transferred territory.

(1Section 3 A inserted by Punjab Bhudan Yagna (Reorganisation)

Order, 1969, S. O. 1303, dated 31st March, 1969.)
Notwithstanding anything contained in this Act the Himachal Pradesh
Bhoodan Yagna Bnoard established under the Himachal Pradesh Bhoodan Yagna, Act
1954 (Himachal Pradesh Act 2 of 1955) shall until the establishment of a Board
under section 3 be deemed to be the Board established under this Act and
accordingly shall perform the functions, discharge the duties and exercise the
powers of such Board.]

4.

Constitution of Board:
(1)

The Board shall consist of the following namely :(a)

the Chairman to be nominated by Shri Acharya Vinoba Bhave

; and

(b)

six or more but not exceeding ten members to be nominated

by Shri Vinoba Bhave.

(2)
One of the members shall be appointed as the Secretary of the
Board by Shri Vinoba Bhave.
(3)
The Board may delegate any of its powers and functions under the
Act except the power to make regulations under section 34 to the Secretary
or any member or more of its members,.

5.

Term of office of members or Chairman:

(1)
A Chairman, Secretary or member nominated under
section 4 shall hold office for a term of four years and shall be
eligible for re-nomination.
(2)
The nomination of Chairman, Secretary and the
members shall be notified in the Gazette and the term of office
shall commence from such date as may be notified in this
behalf:
Provided that the Board may remove from office any of its
members who, in its opinion, has failed to perform or is unable
to carry out his duties or has so abused his position as a
member of the Board as to render his continuance as such
detrimental to the interest of the Public or the Bhudan Yagna.
6.

Filling of vacancy:
(1)
The Chairman, Secretary or any member of the Board
may, at any time, resign his office by submitting his resignation
to Shri Acharya Vinoba Bhave. No such resignation shall take
effect until it is accepted.
(2)
Any vacancy of a Chairman, Secretary or a member
shall be filled as early as practicable.

7.

Validity of proceedings:
Anything done or any proceedings taken under this Act shall
not be questioned on account of the existence of any vacancy in
the Board or any defect or irregularity in the nomination of the
Chairman, Secretary or any member of the Board.
8.

Appointment of officers and servants:

The Board may appoint such officers and servants of the
officers and servants as it considered necessary for the efficient
performance of its functions.
9.

Conditions of service of officers and servants:

The remuneration and other conditions of service of the
officers and servants of the Board shall be such as may be
determined by regulations made in this behalf by the Board.

10.

Conduct of business:
The Board shall from time to time make such arrangements
with respect to the time notice management and adjournment of
its meetings as it thinks fit, subject to the following provisions,
namely:(a)
the Chairman may, whenever he thinks fit, call special
meetings;
(b)
every meeting shall be presided over by the Chairman
and, in his absence, by any member chosen by the meeting to
preside for the occasion;
(c)
all questions at any meeting shall be decided by a
majority of the members present and, in case of equality of
votes, the person presiding shall have and exercise a second or
casting vote ; and
(d)
the minutes of the proceedings of each meeting shall
be recorded in a book to be provided for the purpose.
11.
Quorum:
(1)
The quorum for the meeting shall be of five members.
(2)
If at any meeting of the Board a quorum is not present,
the chairman shall adjourn the meeting to such other date as
he may think fit, and the business, which would have been
brought before the original meeting if there had been a
quorum present, shall be brought before, and transacted at the
adjourned meeting, whether there is a quorum present thereat
or not.
12.

Boards funds:
The Board shall have its own fund and may accept grants,
donations, gifts or loans from the Central or State Government or
any local authority or any local authority or any individual or body
of person, whether incorporated or not, for all or any of the
purposes to this Act.
13.

Application of funds:

All property, fund and other assets vesting in the Board shall
be held and applied by it in accordance with the provision of this
Act and the Rules made thereunder.
14.

Power to make contract:

The Board may enter into and perform all such contract as it
may consider necessary or expedient for carrying out any of the
purpose of this Act.
15.

Dissolution of the Board:

(1)
If at any time the State Government is satisfied

that(a)
the Board has failed without reasonable cause or
excuse to discharge duties or to perform functions
imposed or assigned by or under this Act,
(b)
circumstance have so arisen that the Board is
rendered unable or may be rendered unable to
discharge duties or to perform functions imposed or
assigned by or under this Act, or
(c)
it is otherwise expedient or necessary to dissolve
the Board,
it may by notification in the official Gazette(i)
dissolve the Board for the period to be
specified;
(ii)
direct the reconstitution of the Board in
accordance with the provisions of section 4 of
this Act; and
(iii)
declare that the duties, powers and functions
of the Board under this Act shall for the period
for which it has been dissolved be discharged
exercised and performed by such person or
authority and subject to such restrictions as
may be specified therein.
(3)
The State Government may make such incidental and
consequential provisions as may appear to be necessary for
this purpose.

16.
Tahsil Committees:
(1)
The Board may, for any Tahsil where it considers
necessary so to do constituted Tahsil Committees consisting of
not less than three and not more than seven members to be
appointed by the Board.
(2)
The Tahsil Committee may delegate any of its powers
and functions under the Act to any member or to subcommittee of three or more of its members.
CHAPTER III
DONATION OF LAND
17.
Procedure for making donation of land:
(1)
Any person owning a transferable interest in land and
desiring to make a gift thereof to the Board may submit a
declaration making the offer in the prescribed form to the
Board.
(2)
The Board shall, if it considers the gift acceptable,
forward the declaration to the Revenue Officer having
jurisdiction in the Tahsil where the land is situate.
(3)
On receipt of the declaration mentioned in subsection(1) the Revenue Officer shall, if satisfied, after such
enquiry as he thinks necessary,. That the donor is competent
to make the gift and has valid title such person as he may
consider interested in the property calling up9on them before a
date specified in the notice, to show cause why the gift should
not be accepted.
(4)
The Revenue Officer shall also affix a copy of the notice
referred to in sub-section (3) on the notice board of his Court
and shall cause it to be published by beat of drums in the
village where the land is situate.
(5)
Any person interested in the property may before the
date specified in the notice, file an objection before the
Revenue Officer showing cause why the gift should not be
accepted.

(6)
All such objections shall be enquired into an decided by
the Revenue Officer.
(7)
If not objection is field before the specified date or if all
the objections field have been rejected by the Revenue Officer,
he shall pass an order accepting the gift on behalf of the
Board.
(8)
On the acceptance of the gift, all title and interest of
the donor in the land shall be extinguished and the land shall
subject to the provisions of section 18 vest in the Board in the
same rights in which it was held by the donor.
(9)
The Revenue Officer may at any stage of the
proceeding reject the offer of the donor on any of the following
grounds, namely :(i)
that the donor is incompetent to make the gift ;
(ii)
that the title of the donor is defective;
(iii)
that there are encumbrances on the land;
(iv)
such other grounds as may be prescribed.
18.

Order of Revenue Officers subject of civil suit:

The order of the Revenue Officer, rejecting an objection
passed under sub-section (7) of section 17 shall not be subject to
appeal or revision by any party aggrieved by the by the order or
any other person interested in the land who had no notice of the
proceedings under section 17 may within six months from the
date of such order, institute a suit in the Civil Court having
jurisdiction to have the order set aside and the decision of such
Court shall be binding on the Board, and subject to the result of
such suit, if any the order of the Revenue Officer shall be
conclusive.
19.

Gifts vesting irrevocable:

Every gift of land in respect of which an order has been
passed under section 17 shall after the date of the order, be
irrevocable.
20.

Land vesting in Board not attachable:

Except for any decree passed under section 18 the lands

vesting in the Board shall not be liable to attachment or sale in
execution of any decree or order passed by a Civil Court against
the Board.
21.
Donation of land prior to commencement of Act:
(A)
(1) Where any land has been donated for purposes of
the Bhudan Yagna prior to the commencement of this Act, the
Board shall prepare a list of all such lands showing therein(a)
the area and description;
(b)
the name of the donor;
(c)
the nature of the interest of the donor in the land;
(d)
if the land has been granted to any person in
pursuance of the Bhudan Yagna the name of the
person to whom the land has been granted;
(e)
the date of the grant, under clause (d) ; and
(f)
such other particulars as may be prescribed;
(2)
The list so prepared shall be forwarded to the Deputy
Commissioner of the District within whose jurisdiction the
land is situate.
(3)
On receipt of such list, the Deputy Commissioner shall
cause action to be taken in accordance with section 17 in
respect of the lands described in the list.
(4)
The provisions of sections 17 to 20 and 21 (b) shall
apply in respect of all the donations of the said lands as they
apply in respect of all donations of lands made after the
commencement of this Act :
Provided that where an order is made by a Revenue
Officer under sub-section (7) of section 17 the gift shall be
deemed to have been accepted with effect from the date on
which donation of lands was made and for this purpose this Act
shall be deemed to have been in force on such date.
(5)
If any land of which the donation so received before the
commencement of this Act has already been granted to any
person in pursuance of the Bhudan Yagna it shall be deemed to

have been granted by the Board to such person on the date on

which such person takes possession thereof and the grant shall
be subject to all liabilities to which any grant made by the
Board in general shall be subject.
(B)
Notwithstanding the provision of any law to the
contrary a tenant holding land directly from the State
Government shall for the purposes of this Chapter, be deemed
to be owning a transferable interest in such land.
22.
Lands which cannot be donated:
(1)
Notwithstanding anything contained in any law an
owner shall not for purposes of this Act be competent to
donate(a)
land recorded or by usage treated as pasture
cremation or burial-ground, tank pathway or
thrashing floor; and
(b)
such other land as the State Government may by
notification in the Gazette specify.
(2)
The holder of a life-estate shall be competent to donate
only his life interest therein.

CHAPTER - IV
DISTRIBUTION OF LAND.
23.
Power of Board to allot land:
Notwithstanding anything provided in any law to the contrary(j)
the Board shall have power to allot the land vesting in
it; and
(ii)
the allottee shall not have and shall not be entitled to
claim any rights except as provided for in his Act.
24.
Tahsil Committees to distribute land:
The Tahsil Committee shall in accordance with such
regulations as may be made by the Board in this behalf distribute
the land vesting in the Board to landless persons who are capable
of cultivating the same personally.

25.

Bhudan holders Conditions of allotment:

The person to whom land is allotted under section 23 or 24
shall be recorded in village papers or recorded in village papers or
record-of-rights as a Bhudan holder and shall hold the land
subject to the following terms and conditions namely :(a)
he shall be deemed to hold the land directly
from the Board and shall be liable to pay the land
revenue that may have been or may be assessed no
such land ;
(b)
his rights shall on his death pass to his heirs;
(c)
he shall not transfer any interest in the land;
(d)
he shall not allow the land to lie fallow for a
period in excess of two years;
(e)
he shall pay the land revenue on the due date.
1
[(f)
If a co-operative farming society is formed in the
village he shall if so required by the Revenue Officer
become a member of the co-operative farming
society and abide by its by-laws and regulations.]
1
( Inserted by Punjab Act 23 of 1957.)

26.

Ejectment of Bhudan holder on breach of conditions:

If any Bhudan holder commits a breach of any of the
conditions in section 25 the Revenue Officer may after such
enquiry as he deems fit, determine the right of the holder and the
land shall thereupon vest in the Board without affecting this
liability to pay the arrears of land revenue recoverable from him.

27.

Land held by Bhudan holder not liable to attachment:

Subject to any decree passed under section 18, the land
held by a person as a Bhudan holder shall not be liable to
attachment or sale in execution of any decree or order passed by
a Civil Court.

CHAPTER - V
MISCELLANEOUS.

28.

Exemption from stamp duty and registration:

The acceptance of a gift under section 17 or a grant of land
made or deemed to be made under the provisions of this Act shall
be and be deemed always to have been exempt from (a) payment
of stamp duty and (b) registration or attestation under the law
relating to registration and execution of documents, any law to
the contrary notwithstanding.

29.

Ejectment of persons unlawful in possession:

Any person in possession of the land on the date of the
order passed under section 17 and any person who takes
possession otherwise than in accordance with law of the land
received in donation for purposes of the Bhudan Yagna may, on
application to a Revenue Officer by the Board or the Bhudan
holder concerned by ejected.

30.

Partition of holdings:
(1)
If the land gifted to the Board forms a part of a holding
the Board or the Bhudan holder concerned may apply to a
Revenue Officer for possession and the Revenue Officer may
notwithstanding any provision in any law to the contrary
partition the holding and demarcate the land and apportion the
rent or the land revenue as the case may be.
(2)
If there are arrears or rent or revenue as the case may
be on the holding partitioned under sub-section (1) the
Revenue Officer shall determine the portion of the arrears due
on the part of the holding gifted to the Board and thereupon
the Board and the Bhudan holder shall be liable to pay the
portion of the arrears so determined and notwithstanding
anything contained in the Punjab Land Revenue Act, 1887 1[or
any other corresponding law for the time being force] the
Board or the Bhudan holder shall not be liable for the arrears in
respect of the remaining part of the holding.
1
( Inserted by Punjab Bhudan Yagna Board (Reorganisation) Order
1969 No. S. O. 1303 dated 31st March 1969.)

31.

Procedure:
The proceedings under this Act shall be deemed for all
purposes to be proceedings under the Punjab Land Revenue Act
1887 2[or any other corresponding law for the time being in force]
and the procedure applicable to proceedings under the said Act or
corresponding law] shall be followed.
(2Inserted by ibid).
32.

Boards power to Act as Tahsil Committee:

If no Tahsil Committee has been formed for any Tehsil the
functions of a Tehsil Committee under this Act shall be performed
by the Board.
33.
Construction of references and power of Board to
allot land for community purpose:
After the lifetime of Shri Acharya Vinoba Bhave or at any
time when he is unable to perform the functions entrusted to his
under this Act owing to infirmity or any other cause the functions
assigned to his shall be performed by the Akhil Bharat Sarva
Sewa Sangh, Wardha and all references to Shri Acharya Vinoba
Bhave in this Act shall be construed as references to the said
Sangh.
34.
The Board may allot any land vesting in it for a
community purpose or exchange any such land with other land.
35.

Regulations:
The Board may from time to time with the previous
sanction of the State Government make regulations consistent
with this Act and any rules thereunder(a)
for regulating its procedure and the disposal of its
business;
(b)
for the remuneration and conditions of service of its
employees;

(c)

(d)

(e)

(f)

for regulating the procedure disposal of business

constitution and supersession of Tahsil Committee the
term of office and the filling of casual vacancies of officebearers and members of such committees and removal of
officer-bearers and members thereof;
for the principles to be followed for the distribution of
lands qualifications of persons to whom lands may be
given and the maximum area to be allotted to one family;
for the appointment of the sub-committees and for the
delegation of powers to sub-committees and officebearers and individual members thereof;
for any other matter arising out of Boards function
under this Act for which it is necessary or expedient to
make regulations.

36.

Act not to apply evacuee property:

Nothing in this Act shall apply to evacuee property as
defined in the administration of Evacuee Property Act 1950 (XXXI
of 1950).
37.
Power to make rules:
(1)
The State Government may by notification and subject
to the conditions of previous publications make rules to carry
out the purposes of this Act.
(2)
In particular and without prejudice to the generality of
the forgoing power the State Government may make rules(a)
prescribing the area of land for purposes of clause
(f) of section 2;
(b)
prescribing the form of declaration under subsection (1) of section 17 for submitting a declaration
to make a gift of land;
(c)
prescribing the form of notice under sub-section
(3) of section 17 calling upon persons to show cause
why a gift of land should not be accepted;

(d)

(e)

stating other grounds under item (iv) of subsection (9) of section 17 for rejecting the offer to
make a gift ; and
prescribing other particulars under clause (f) of
sub-section (1) of section 21.