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oovr

Pt r 1'U /\H vutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

A( t A L <EXTR A.), APRIL 26,201 i
47

(vYSI< 06, J 93:1 SAKA)

pr'.f~,\R .LvH !'1 r

)t'

l.H .iA t AN n

LI~,C ;ISL/\JJVE AFFAllC .

PU N )}. H

NoHl'it~hm,
The 2NhApril,

201l

1<:10,i ifJ L(~g'/'iIH L- Tht.: following Act of the Legislature of the State

'1 J>lIiliah recci \led the assenr ofthe Governor of Punjab on the 20 h April. 2.(1)
plllJIl~:j1';~d ii:II".'eneral information :.._ ,1 0 " \ " , hereby

nu:

PU N J/dJ LAl\l'D H EVEN U E (AMENDMENT)

i~'unjabAct

AC 1~ 20J 1

No. 115o1f20U)
AN

ACT

further

to amend

the Punjab Land Revenue Act,

887.

B . it enacted by the Legislature of the State of Punjab in the Sixtys,<;cond Year of the Republic of India as follows :-.

(1) This Act

.-.mq~dmcm) /' d., '~~Ol
L
U,

(2)

it

may be called

the Punjab

Land Revenue

,%011

title and

com m encem ent.

shall come

into force at once.

2.- In the: Punjab Land Revenue Act 1887 (hereinafter referred to f.HlendlTlt;nt ill
s -cuon L. ot
is the principal Act), in section 13, in clause ( e ) , in item ( ii) , at the end, for
J unjab Act XVii
-1h", _sign" ", the 'sign ";" shall be substituted, and thereafter, the following rf 1887.
Hem s shall-be added, namely :--~
.
no authority, except the first appellate authority, shall
remand the case to the lower authority to decide the case
afresh -; and

" ( iii)

no appeal shall lie against any interim order passed by ~

Revenue Officer under this Act.

( iv )

1Vote.--Th~ provisions of items ( iii) and ( iv ) shall not be applicable

to the authorities mentioned under section 16 of this Ace".

J. In the principal Act, for section

be substituted,

namely ;---

1 (j.

J 6, the following section shall Substitution of

section 16 of
Punjab Act XVII

;' 1)

A Commissioner
may Gall for the record of any
P"'''Co; tl' cat! _
case pending before, Of disposed of by any
e xarmue
Revenue Officer under his corurol and pass
f(lI.

Jnd

rCV1$.

proccedm gs

of

such orders. as he thinks fit.

()f

1!IW !

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PUNJAB

GOVI

GAJ.':_(EXTRA,),

APRIL 26,201lkjihgfedcbaZ
i
48'

(VYSK 06, 19J3 SAKA)

(2; A Collector may also Gall for the record of any cast."
pending before-or disposed ofby any Revenue Officer under his
control, and if he is of the opinion that the proceedings taken or
order made" should be modified or rcverred, he shall report the
cast with his 'opinion thereon for the orders of the Commissioner
whose decision shall be final;

Provided that he shall not pass an order reversing or modifying

any proceeding or order of a subordinate Kevenue Otn .xr, :.!I1d
affcdinf! any question of right between private persons without
giving. them an opportunity of being heard,",
It in the principal Act, in section 20, after sub-section (5). the following
sub-section shall be added, namely :--"(6) If it is not possible to serve summons in accordance
any of the modes, as provided in sub-sections (1), (2), (3),
(4) and (5), then,---"

with

_ [a ]

summons

may be sent by the Revenue

Officer

by whom it is issued whether

within or out of the

State by post or by courier service. as approved by
the High Court of Punjab and Haryana or by fax
message or by Electronic Mail Service or by any
other means, as may be provided in the rules made
by the High Court ;

is

(b) where the person confined in prison, the summons

may be delivered by post or may be sent by courier
service, as approved by the High Court or by fax,
message or by Electronic Mail Service or by any
other means, as may be provided in the rules made
by the High Court to the officer-incharge elf the
prison for service to the person ;
(c )

where the persoI1l resides out of India and has no

agent in India, empowered to accept service, the
summons may be addressed to the' person a t the
place, where he is residing or may be sent to himby
post or by courier service, as approved by the High
Courr or by tax message or by Electronic Mail Service
or by any other means, m; ma i; be provided 1:\1. the
rules made by the High Court, if there is postal
communication between such place and the place:"
where the C ourt is situated ; and

Arnendrnern
in section 2'
of Punjab
Act XVII
,,1'1887,A

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.-. G,,-,...
.. vutsrqponmlkji
PIJj\IJAB (iOVT

(EXTRA.), APRIL 26,2011.

{VYSf( ('If; J en3 'S'A'[r
Af\')-,
C',...,f
I..

(d )

GAL

1........

'I

.. '~'

49 ..

~~

where the Central Government, by notification ;11 the

Official Gazette, has declared in respect of any foreign
country tbatsummons
should he served Oil the
pe!sons actually and voluntarily residing or carrying
business or personally working for gain in that foreign
country through an officer of the Government
of
foreign country, as specific cl hy the Central
Government, the summons r'.<lY be sent 1;0 such ..
officer, through the Ministry of \ .iovelillnent of India
dealing with foreign affairs or in such other manner,
as may be specified by the Centra] Government, and
if such officer returns any such summons with an
endorsement purporting to have beenmade by him
that the summons have been served on the persons,
such service shall be deemed as evidence of service.".

5" In the principalAct,

substituted, namely ;---

for section J 11, the following section shall be Substitution of

section I11 of
.

Punjab Act XV1!

"Ill.

Any joint owner of land, orany joint tenant of a tenancy il..l

Application
which a right of occupancy subsists, may apply to a
fol' partruon.
Revenue Officer for partition of his share in the land or
tenancy, as the case may be, with the proposed plan of partition
indicating the quality and location of the land in question alongwith the
~easons for partition and copy of the latest jamabandi, if,.-on the date of application, the share is: recorded under

(q )

Chapter

IV as he longing to him;

01

his right to the share has been established

which is still subsisting at that date; or

(b)

(c )

of 1.1187.

by a decree

a written acknowledgement of'that right has been execqted

by all persons interested in the admission or denial thereof,".

(lo. In the principal Act, in section 113. for clauses
following clauses shall be substituted, namely ;--.
"(a )

(h)

(a )

and tlJ), -the

Amendment
in
section 113 of
Punjab Act XVII

. 0 f t hee app
:
1"
cause notice
icaticn anc I 0 f t h e d ay so firxe: I to b e of
served on such oftherecorded
eo-shares, as have norjcined
in the application to submit theirreplies and plans of pi irtition
with cogent reasons, and, if the share for which partition is
~ppUed for, is a share in a tenancy, on the laudlord also ~and
if he thinks fit. cause the notice to be served on any other
whom he may deem to be directly or indirectly interested

person

in the application to submit their repl :,3S and plans of partition

with cogent reasons."

1887

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;l~n'-lll'.13
vutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
GC, VT GA?. (EXTRt;,.),AJ \.V R IL 26, 2011
5U

(V',:(SK 06, !933 r~AKA)

! r;

Ihe pr:ncil'al

'\ct. section

O nm

114 shall he oin itte.I.

uon

01

sc:t:ti. '11: , J4

:~t

Pllnjal. /'.':;\

>, VII

of tbH1

f~.

in tne prl-ncs.pa! Act. for section

1 5\ the following section. shall be

,'uwied uarnely :... -

';U ! .

!:'

examining

such of the co-sharers and other per; ;)DS, as

.
ID<'!y be present on that da,V,the Revenue Oftir,er may,

l \ Fi~l
rlhsohr(c
I~T$::::JJlowanc.t'

., I

,'i.,'''I'[;\'''I,
.J i:;a"l Io v" the partition
:)D !"ii,,:,uiort is made for the partition

warer course or sHddike

I i :._ r\

(/)

.settlcm cnt "f

~hsp!1tc.s by
Cq'!c'i:i"lifill.

place,

IlSf'(!

t(JC

Substunuon
of
sccri n t 1S of
PU'ljH b Ac . X Vll
of

I Rg,(

in those cases 0,:/y where

of com m on path, com m on
common purpose.

'INhere it appears to the Revenue Officer that a settlement

ruav he acceptable \0 both the parties to the partition,
, . ..

....."

he shall formulate the

rerm s ot

settlement and subm u

~he same 10 the parties for their suggestions. After receivingtheir

objections or suggestions, the Revenue Officer, shall re-formulate the
terms of settlement, possible in the prevailing situation, and refer the
same for concil iation with the intervention of the elders where the
property
is situated;
and if the settlement
is agreed upon by
both the parties through a written deed, the Revenue Officer shall
pass an order In accordance with such deed, The orders :;0 made by
the Revenue Officer shall be final, and a partition deed shall be issued
accordingly.
(2)Jf

no settlement

RevenueOfficer

is reached

under

sub-section

(I),

the

shall Within a period of four months after the date of

making reference for conciliation, but not late: than six m onths lrom the
date of initiation of conciliatory proceedings, pass such order on merits,
as he may deem appropriate iJ1 the circumstances ofthe case" fter hearing
the parties.".
9. 'In the principal
:c;lIbswuted, namely :--'"1 i g. (1)
Disposal

other
questions.

01'

Act, for section

8,

ji

tor following section ~Il<lll be

When there is a question as to the property 10 be dividen,

or the mode of making a partition, the Revenue Officer
shall, after such inquiry, as he deems necessary, record
reasons for the

an order stating his decision on the question andthe

decision,
(2)

section (I).

No appeal shall lie against the decision referred to in subr :

(.10BfNDER

Secretary
Department

TO
(If

SING H,

Government

of Punjab,

Legal and Legislative Affairs.

Subsituuon
of
section 118 of
Punj.in Act XVI!

or

1 f;!17 .'