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The Punjab Land-Revenue Act, 1887

Year of Passage: 1887 | Type: Bare Act

Section 1 Title, extent and commencement.

(1) This Act may be called the Punjab Land-revenueAct, 1887. (2) It extends to the territories for the time being administered by the Lieutenant-Governor of thePunjab, including the pargana of Spiti, but not so as to affect, otherwise than as expressly provided by thisAct, any Regulation in force under the provisions of the Statute 33 Victoria, chapter 3, section 1, in anyportion of those territories; and (3) It shall come into force on such day as the Local Government, with the previous sanction of theGovernor General in Council, may by notification appoint in this behalf. (4) Any power conferred by this Act on the Financial Commissioner to make rules, and on the LocalGovernment to sanction them, may be exercised at any time after the passing of this Ad, but a rule somade shall not take effect till the commencement of this Act.

Section 2 Repeal.

(1) The enactments mentioned in the schedule are repealed to the extent specified in thethird column thereof. (2) But all rules, appointments, assessments and transfers made, notifications and proclamationsissued, authorities and powers conferred, farms and leases granted, records-of-rights and other recordsframed, revised or confirmed, rights acquired, liabilities incurred, times and places appointed and otherthings done under any of the repealed enactments shall, so far as may be, be deemed to have beenrespectively made, issued, conferred, granted, framed, revised, confirmed, acquired, incurred, appointedand done under this Act. (3) Any enactment or document referring to any enactment hereby repealed shall be construed asreferring to this Act.

Section 3 Definitions.

In this Act, unless there is something repugnant in the subject or context,-(1) "estate" means any area- (a) for which a separate record-of-right has been made; or (b) which has been separately assessed to land-revenue, or would have been so assessed if theland-revenue had not been released, compounded for or redeemed; or (c) which the Local Government may, by general rule or special order, declare to be an estate:(2) "landowner" does not include a tenant or an assignee of land-revenue, but does include a person towhom a holding has been transferred, or an estate or holding has been let in farm, under this Act for therecovery of an arrear of land-revenue or of a sum recoverable as such an arrear, under every other personnot here in before in this clause mentioned who is in possession of an estate or any share or portionthereof, or in the enjoyment of any part of the profits of an estate: (3) "holding" means a share or portion of an estate held by one landowner or jointly by two or morelandowners : (4) "rent", "tenant", "landlord" and "tenancy" have the meanings respectively assigned to those wordsin the Punjab tenancy Act, 1887 (XVI of 1877) : (5) "pay", with its grammatical variations and cognate expressions, includes, when used with referenceto rent, "deliver and render" , with their grammatical variations and cognate expressions: (6) "land-revenue" includes assigned land-revenue and any sum payable in respect of land, by way ofquit-rent or of commutation for service, to the Government or to a person to whom the Government hasassigned the right to receive the payment: (7) "arrear of land-revenue" means land-revenue which remains unpaid after the date on which itbecomes payable: (8) "defaulter" means a person liable for an arrear of land-revenue, and includes a person who isresponsible as surety for the payment of the arrear: (9) "rates and cesses" means rates and cesses which are primarily payable by landowners, andincludes- (a) the local rate, if any, payable under the Punjab Local Rates Act, 1878 (V of 1878); (b) the local rate, if any, payable under the Punjab District Boards Act, 1883 (XX of 1883), and anyfee leviable under section 33 of that Act from landowners for the use of or benefits derived from suchworks as are referred to in section 20, clauses (i) and (j), of that Act; (c) any annual rate chargeable on owners of lands under section 59 of the Northern India Canal andDrainage Act, 1873 (VIII of 1873); (d) the zaildari and village-officers' cesses; and (e) sums payable on account of village-expenses: (10) "village-cess" includes any cess, contribution or due which is customarily leviable within anestate and is neither a payment for the use of private property or for personal service nor imposed by orunder any enactment for the time being in force: (11) "village-officer" means a chief-headman, headman or patwari: (12) "Revenue-officer", in any provision of this Act, means a Revenue, officer having authority underthis Act to discharge the functions of a Revenue-officer under that provision: (13) "legal practitioner" means any legal practitioner with in the meaning of the Legal PractitionersAct, 1879 (XVIII of 1879), except a mukhtar: (14) "agricultural year" means the year commencing on the sixteenth day of June, or on such otherdate as the Local Government may by notification appoint for any local area: (15) "notification" means a notification published by authority of the Local Government in the officialGazette: (16) "incumbrance" means a charge upon or claim against land arising out of a private grant orcontract: and (17) "survey-mark" includes boundary-mark

Section 4 Exclusion of certain land from operation of Act.

(1) Except so far as may be necessary for therecord, recovery and administration of viIlage-cesses, nothing in this Act applies to land which isoccupied as the site of a town or village and is not assessed to land-revenue. (2) A Revenue-officer may define for the purposes of this Act the limits of any such land.

Section 5 Power to vary limits and alter number of tahsils, districts and divisions.

The localGovernment may by notification vary the limits of the tahsils, districts and divisions into which theterritories administered by it are divided, and may by notification alter the number of those tahsils and,with the previous sanction of the Governor General in Council, the number of those districts anddivisions.
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