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The Punjab Land Revenue Act, 1967

Act XVII of 1967 · 59 pages

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                THE PUNJAB LAND REVENUE ACT 1967
                                  (Act XVII of 1967)
                                   CONTENTS

SECTION                      HEADING

                                       CHAPTER I
                                     PRELIMINARY
   1.     Short title, extent and commencement.
   2.     Power to except any area from provisions unsuited thereto.
   3.     Exclusion of certain land from operation of this Act.
   4.     Definitions.

                                       CHAPTER II
                                DIVISIONS AND DISTRICTS
   5.     Province to be divided into Divisions and Districts.
   6.     Districts to be divided into Sub-Divisions.

                                     CHAPTER III
                 APPOINTMENT AND POWERS OF REVENUE OFFICERS
                                     Appointment
    7.    Classes of Revenue Officers.
    8.    Appointment of Commissioners and Collectors.
    9.    Additional Commissioners and Additional Collectors.
   10.    Assistant Commissioners and Assistant Collectors.
   11.    Tehsildars.
   12.    Certain appointments to be notified.
                                Administrative Control
   13.    Superintendence and control of Revenue Officers.
   14.    Power to distribute business and withdraw and transfer cases.
   15.    Combination of offices.
                                        Powers
   16.    Conferment of powers of Revenue Officers.
   17.    Functions of Revenue Officers.
   18.    Retention of powers by Revenue Officers on transfer.

                                      CHAPTER IV
                         PROCEDURE OF REVENUE OFFICERS
   19.    Subordination of Revenue Officers.
   20.    Powers to make rules as to procedure.
   21.    Persons by whom appearance and applications may be made before and to
          Revenue Officers.
   22.    Powers of Revenue Officers to summon persons to give evidence and produce
          documents.
   23.    Summons to be in writing signed and sealed.
   24.    Mode of service of summons.
   25.    Mode of service of notice, order or proclamation, or copy thereof.
   26.    Mode of making proclamation.
   27.    Inquiries under the Act to be deemed judicial proceedings.
102                                  The Punjab Laws

      28.   Language of Revenue Offices.
      29.   Arrest of defaulter to be made upon warrant.
      30.   Power of Revenue Officers to enter upon any lands or premises for purpose of
            measurements, etc.
      31.   Place of sittings.
      32.   Proceedings held on holidays.
      33.   Seals.
      34.   Costs.
      35.   Penalty.

                                       CHAPTER V
                                    VILLAGE OFFICERS
      36.   Rules regulating appointments etc., of Village Officers.
      37.   Village Officers’ cess.
      38.   Restrictions on attachment or assignment of remuneration of Village Officers.

                                        CHAPTER VI
                                          RECORDS
                         Records-of-rights and Periodical Records
   39.      Record-of-rights and documents included therein.
   40.      Making of special revision of record-of-rights.
   41.      Periodical records.
  41-A.     Preparation of computerized records.
  41-B.     Computerized periodical records.
                               Procedure for making records
   42.      Making of that part of periodical records which relates to land-owners.
  42-A.     Report of acquisition of rights.
   43.      Making of that part of periodical record which relates to other persons.
   44.      Determination of disputes.
   45.      Restriction on variations of entries in records.
   46.      Mutation fees.
   47.      Obligation to furnish information necessary for the preparation of records.
   48.      Penalty.
                          Rights of Government and presumptions
                          with respect thereto and to other matters
      49.   Rights of Government in mines and minerals.
      50.   Presumption as to ownership of forests, quarries and waste-lands.
      51.   Compensation for infringement of rights of third parties in exercise of a right of
            Government.
      52.   Presumption in favour of entries in records-of-rights and periodical records.
      53.   Suit for declaratory decrees by persons aggrieved by an entry in a record.
                                  Supplemental Provisions
   54.      Records-of-rights and periodical records for groups of estates.
  54-A.     Power to call for information.
   55.      Powers to make rules respecting records and other matters connected therewith.
                 The Punjab Land Revenue Act 1967 (XVII of 1967)                    103

                                    CHAPTER VII
                                     ASSESSMENT
 56.    Assessment of land revenue.
56-A.   Exemption of land revenue.
 57.    Basis of assessment.
 58.    Limit of assessments.
                                General Assessments
 59.    Notification of intended re-assessment and instructions as to principles of
        assessment.
 60.    Mode of determining assessment.
 61.    Announcement of assessment.
 62.    Application for reconsideration of assessment.
 63.    Confirmation and duration of assessment.
 64.    Duration of assessment.
 65.    Assessment to remain in force till new assessment takes effect.
 66.    Refusal to be liable for assessment and consequences thereof.
 67.    Distribution of the assessment of an estate over the holdings comprised therein.
 68.    Application for amendment of the distribution of an assessment.
 69.    Appeals from orders under sections 62 and 68.
                                 Special Assessment
 70.    Special assessments.
70-A.
70-B.   Determination of land ownership.
70-C.   Information about increase in the extent of ownership.
70-D.   Change in the basis of exemption or assessment.
70-E.   Exemption or assessment of land-revenue.
 71.    Power to make rules.
 72.    Procedure to be followed in making rules.
 73.    Power to issue instructions.

                                   CHAPTER VIII
                         COLLECTION OF LAND REVENUE
 74.    Liability for payment of land-revenue.
 75.    Security for payment of land-revenue.
 76.    Orders to regulate payment of land-revenue.
 77.    Rules to regulate collection, remission and suspension of land-revenue.
 78.    Costs recoverable as part of arrear.
 79.    Certified account to be evidence as to arrear.
 80.    Processes for recovery of arrears.
 81.    Notice of demand.
 82.    Arrest and detention of defaulter.
 83.    Distress and sale of movable property and crops.
 84.    Transfer of holding.
 85.    Attachment of holding.
 86.    Annulment of assessment of holding.
 87.    Proclamation of attachment or annulment of assessment and consequences of
        proclamation.
 88.    Sale of holding.
104                                   The Punjab Laws

      89.    Effect of sale on encumbrances.
      90.    Proceedings against other immovable property of defaulter.
      91.    Remedies open to person denying his liability for an arrear.
                                      Procedure in sales
       92.   Proclamation of sale.
       93.   Indemnity to Revenue Officer with respect to contents of proclamation.
       94.   Publication of proclamation.
       95.   Time and conduct of sale.
       96.   Power to postpone sale.
       97.   Stay of sale.
       98.   Deposit by purchaser in case of sale of immovable property.
       99.   Consequences of failure to pay deposit.
      100.   Time for payment in full.
      101.   Procedure in default of payment.
      102.   Report of sale to Commissioner.
      103.   Application to set aside sale.
      104.   Order confirming or setting aside sale.
      105.   Refund or deposit of purchase money when sale set aside.
      106.   Proclamation after postponement or on re-sale.
      107.   On confirmation of sale possession and certificate to be granted to purchaser.
      108.   Sale of movable property and perishable articles.
      109.   Mode of payment for movable property when sale is concluded on the spot.
      110.   Mode of payment for movable property when sale is subject to confirmation.
      111.   Proceeds of sale.
      112.   Claims to attached movable or immovable property how to be disposed of.

                                        CHAPTER IX
                              RECOVERY OF OTHER DEMANDS
                                  BY REVENUE OFFICERS
  113.       Recovery of certain arrears through Revenue Officers instead of by suit.
  114.       Other sum recoverable as arrears of land-revenue.
  115.       Application of Chapter VIII to sums recoverable under this Chapter.
 115-A.      Charges for recovery of dues, other than Provincial dues, as arrears of land-
             revenue.

                                          CHAPTER X
                                  SURVEYS AND BOUNDARIES
      116.   Revenue survey may be introduced by Board of Revenue in any part of
             Province.
      117.   Power of Revenue Officers to define boundaries.
      118.   Surveys for purpose of preparation of records.
      119.   Assistance to be given by holders and others in the measurement or
             classification of lands.
      120.   Professional surveys.
      121.   Power of Board of Revenue to make rules for demarcation of boundaries and
             erection of boundary marks.
      122.   Effect of the settlement of boundary.
      123.   Power to fix boundary between riverain estates.
                  The Punjab Land Revenue Act 1967 (XVII of 1967)                         105

 124.    Effect of fixing boundary between riverain estates.
 125.    Application for immediate transfer of rights.
 126.    Award of compensation and extinguishment of rights thereby.
 127.    Voluntary transfers not affected.
 128.    Rights transferred to be liable to all the incidents of tenure of the estate of which
         the transfer is made.
 129.    Cost of erection and repair of boundary and survey marks.
 130.    Recovery of cost incurred by Government.
 131.    Responsibility for the maintenance of boundary and survey marks.
 132.    Report of destruction or removal of or injury to boundary or survey marks.
 133.    Land measurement or survey to be based on a square system or rectangulation.
 134.    Penalty.

                                     CHAPTER XI
                                      PARTITION
 135.    Application for partition.
135-A.   Partition in case of inheritance.
 136.    Restrictions and limitations on partition.
 137.    Notice of application for partition.
 138.    Addition of parties to application.
 139.    [Omitted].
 140.    Procedure on admission of application.
 141.    Question of title of holding.
 142.    Disposal of other questions.
142-A.   Time limit for decision of partition cases.
 143.    Administration of property excluded from partition.
 144.    Distribution of revenue and rent after partition.
 145.    Instrument of partition.
 146.    Delivery of possession of property allotted on partition.
 147.    Affirmation of partition privately effected.
 148.    Power to make rules as to cost of partition.
 149.    Re-distribution of land according to custom.
 150.    Officers who may be empowered to act under this Chapter.

                                     CHAPTER XII
                                     ARBITRATION
 151.    Power to refer to arbitration.
 152.    Order of reference and contents thereof.
 153.    Nomination of arbitrators.
 154.    Substitution of arbitrators by parties.
 155.    Nomination and substitution of arbitrators by Revenue Officers.
 156.    Process for appearance before arbitrators.
 157.    Award of arbitrators and presentation thereof.
 158.    Procedure on presentation of award.
 159.    Effect of award.
 160.    Arbitration Act not to apply to arbitration under this Chapter.
106                                   The Punjab Laws

                                     CHAPTER XIII
                              APPEAL, REVIEW AND REVISION
      161.   Appeals.
      162.   Limitation for appeals.
      163.   Review.
      164.   Revision.
      165.   Stay of proceedings and execution of orders and decrees.
      166.   Clerical mistakes, etc.
      167.   Computation of period limited under this Chapter.

                                        CHAPTER XIV
                                 SUPPLEMENTAL PROVISIONS
                                      Revenue Deposits
      168.   Power to deposit certain sums other than rent.
      169.   Procedure in case of deposits.
                            Orders of Civil and Criminal Courts
      170.   Orders of Civil and Criminal Courts for execution of processes against land, etc.
      171.   Preservation of attached produce.
                          Exclusion of jurisdiction of Civil Courts
      172.   Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of
             Revenue Officers.
      173.   Powers to invest officers making records-of-rights or general re-assessments
             with powers of Civil Courts.
      174.   Control over such officers and appeals from and revision of their decrees and
             orders.
                                           General
  175.       Prevention of encroachment upon common lands.
 175-A.      Penalty for encroachments.
  176.       Papers kept by Village Officers to be deemed public documents.
  177.       Maps and land record open to inspection, etc.
  178.       Restriction on Revenue Officers bidding at auctions or engaging in trade.

                                          CHAPTER XV
                                        MISCELLANEOUS
      179.   Effect of finality of orders.
      180.   Restriction on appointment of Lambardars.
      181.   Bar on legal proceedings against Revenue Officers.
      182.   Power to make rules.
      183.   Rules to be made after previous publication.
      184.   Repeals and savings.

                                         SCHEDULE
                  1
                   THE PUNJAB LAND REVENUE ACT, 1967
                                               (W.P. Act XVII of 1967)
                                                                                                              [7 December 1967]
                              An Act to consolidate and amend the law relating to
                                 land revenue in the Province of 2[the Punjab].
Preamble.– WHEREAS it is expedient to consolidate and amend the law relating to the
making and maintenance of records-of-rights, the assessment and collection of land-revenue,
the appointment and functions of Revenue Officers and other matters connected with the
Land Revenue Administration in the Province of 3[the Punjab], or incidental thereto;
    It is hereby enacted as follows:-
                                         CHAPTER I
                                        PRELIMINARY
1. Short title, extent and commencement.– (1) This Act may be called 4[the Punjab] Land
Revenue Act, 1967.
   (2) It extends to the whole of the Province of 5[the Punjab], except the Tribal Areas.
   (3) It or any specified provision thereof shall come into operation in such area or areas
and on such date or dates as Government may, by notification6, appoint in this behalf.

2. Power to except any area from provisions unsuited thereto.– (1) Should the
circumstances of any area in which this Act, or any specified provision thereof, has been
brought into force be such that, in the opinion of Government, that provision, or any other
provision of the Act, is unsuited thereto, Government may, by notification, except that area
from the operation of such provisions, and thereupon those provisions shall not apply to such
area until the notification is rescinded.
    (2) While such exception as aforesaid remains in force, Government may frame rules for
the regulation of the matters so excepted. So far as may be, the rules shall be consistent with
the provisions of this Act and shall specify the period for which such exception shall remain
in force.

7
 [3. Exclusion of certain land from operation of this Act.- The provisions of this Act
relating to assessment and collection of land revenue shall not be applicable to an area
notified by the Board of Revenue.]

4. Definitions.– In this Act, unless there is anything repugnant in the subject or context,–

1
  For statement of object and reasons, see Gazette of West Pakistan 1967 (Extraordinary), dated 7th December, 1967, pages 3603 to 3655.
   This Act was passed by the West Pakistan Assembly on 4th November, 1967; assented to by the Governor of West Pakistan on 29th
  November 1967; and, published in the West Pakistan Gazette (Extraordinary), dated 7th December, 1967, pages 3603-56.
2
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
4
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
5
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
6
  This Act came into force on the 1st day of January, 1968, vide Govt. of West Pakistan, Revenue Department, Notification No. 599/67/319-
  U (I), dated 14th December, 1967, see Gazette of West Pakistan, (Extraordinary), page 823.
7
  Substituted by the Punjab Land Revenue (Amendment) Act 2019 (XVIII of 2019), for the following:
       “3. Exclusion of certain land from operation of this Act.– (1) Except so far as may be necessary for the record, recovery and
       administration of village cess, or for purposes of survey, nothing in this Act applies to land which is occupied as the site of a
       town or village, and is not assessed to land revenue.
             (2) It shall be lawful for the Collector acting under the general or special orders of the Board of Revenue, to determine
       for the purposes of this Act, what lands are included within the site of a town or village, and to fix and from time to time to vary
       the limits of the same, regard being had to all the subsisting right of the land-owners.”
102                                                     The Punjab Laws

           (1) “agricultural year” means the year commencing on the first day of July, or on
                such other date as the Board of Revenue, with the previous approval of
                Government, may by notification, appoint for any specified area;
        1
         [(1a) “Arazi Record Centre” means an Arazi Record Centre as defined in clause (a) of
                subsection (1) of section 2 of the Punjab Land Records Authority Act 2017 (VI
                of 2017);]
           (2) “arrears of land-revenue” means land-revenue which remains unpaid after the
                date on which it becomes payable;
           (3) “assessment circle” means a group of estates which in the opinion of the Board of
                Revenue, to be recorded in an order in writing, are sufficiently homogeneous to
                admit of a common set of rates being used as a general guide in calculating the
                land-revenue to be assessed upon them;
           (4) “Board of Revenue” means the Board of Revenue established under the 2[Punjab]
                Board of Revenue Act, 1957 (West Pakistan Act XI of 1957);
            (5) “boundary mark” means any erection, whether of earth, stone, or other material, any
                hedge, unploughed ridge, or strip of ground, or other object or mark, whether natural or
                artificial, set up, employed or specified by a Revenue Officer having authority in that
                behalf in order to designate the boundary of any division of land;
           (6) “commencement” shall mean the day on which this Act or any provision thereof,
                as the case may be, comes into operation;
           (7) “defaulter” means a person liable for an arrear of land-revenue, and includes a
                person who is responsible as surety for payment of the arrear;
           (8) “encumbrance” means a charge upon or claim against land arising out of a
                private grant or contract;
           (9) “estate” means any area–
                  (i) for which a separate record-of-rights has been made; or
                 (ii) which has been separately assessed to land-revenue; or
                (iii) which the Board of Revenue may, by general rule or special order, declare to
                      be an estate;
          (10) “holding” means a share or portion of an estate held by one land-owner or jointly
                by two or more land-owners;
    3
      [(10-A) “irrigated land” means land irrigated by a canal, tubewell, well, lift, spring, tank or
                by any other artificial means of irrigation];
          (11) “Kanungo” shall be deemed to include a supervising Tapedar;
          (12) “land-lord” means a person under whom a tenant holds land, and to whom the
                tenant is, or but for a special contract, would be liable to pay rent for that land,
                and shall include a lessee of such person, and the predecessors and successors-in-
                interest of such person;
          (13) “land-owner” includes a person to whom a holding has been transferred, or an
                estate or holding has been let in farm, under this Act, for the recovery of an arrear
                of land-revenue or of a sum recoverable as such an arrear and any other person
                who is in possession of an estate or any share or portion thereof, or in the
                enjoyment of any part of the profits of an estate, but does not include a tenant;
          (14) “land-revenue” means land-revenue assessed or assessable under this Act, or
                under any other law for the time being in force relating to land-revenue, and

1
  Inserted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
2
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3
  Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
                The Punjab Land Revenue Act 1967 (XVII of 1967)                        103

     includes any rates imposed on account of increase in the value of land due to
     irrigation.
(15) “legal practitioner” means any legal practitioner within the meaning of the Legal
     Practitioners Act, 1879 (Act XVIII of 1879), except a Mukhtar;
(16) “net assets” of an estate or group of estates means the estimated average annual
     surplus produce of such estate or group of estates remaining after deduction of
     the ordinary expenses of cultivation as ascertained or estimated.
          Explanation– Ordinary expenses of cultivation include payments, if any,
     which the land-owner customarily bears, whether in kind or in cash, and in whole
     or in part whether in respect of–
     (a) water rates,
     (b) maintenance of means of irrigation,
     (c) maintenance of embankments,
     (d) supply of seed,
     (e) supply of manure,
     (f) improved implements of husbandry,
     (g) concessions with regard to fodder,
     (h) special abatements made for fallow or bad harvest,
     (i) cost of collection of rent,
     (j) allowance for shortage in collection of rent,
     (k) interest charges payable in respect of advances made in cash, free of interest, to
          tenants for the purpose of cultivation,
     (l) wages or customary dues paid to village auxiliaries whose products or labour
          are utilized for the purposes of cultivation and harvesting;
     and the share that would be retainable by a tenant if the land were let to a tenant
     paying rent, whether in cash or in kind, at the normal rate actually prevalent in the
     estate or group of estates;
(17) “Patwari” shall be deemed to include a Tapedar and a Special or Additional
     Tapedar;
(18) “pay” with its grammatical variations and cognate expressions, includes, when used
     with reference to rent, “deliver” and “render”, with their grammatical variations and
     cognate expressions;
(19) “prescribed” means prescribed by rules made under this Act;
(20) “rates and cesses” means rates and cesses which are primarily payable by land-
     owners, and include–
     (a) the local rate, if any, payable under any law for the time being in force, and any
          fee similarly leviable from land-owners for the use of, or benefits derived from,
          embankments and works for supply or storage of water for agricultural purposes
          and for the preservation and reclamation of soil and drainage and reclamation of
          swamps;
     (b) any annual rate chargeable on owners of land under any law for the time
          being in force for the benefits derived from drainage works carried on for the
          public health, or for the improvement of land or for the proper cultivation or
          irrigation thereof, or for the protection from floods or other accumulations of
          water, or from erosion by a river;
     (c) village officers’ cess; and
     (d) any sum payable on account of village expenses;
104                                                   The Punjab Laws

         (21) “rent” means whatever is payable to a land-lord in money or kind by a tenant on
                account of the use or occupation of land held by him, but shall not include any
                cess, or other contribution or due or any free personal service;
         (22) “Revenue Court” means a Court constituted as such under the law relating to
                tenancy as in force for the time being;
         (23) “Revenue Officer” means a Revenue Officer having authority under this Act to
                discharge the function of a Revenue Officer;
          1
            [* * * * * * * * *]
         (24) “survey mark” means any mark set up by the Department of Survey of Pakistan;
         (25) “survey number” or “Khasra number” means a portion of land of which the area
                is separately entered under an indicative number in the record-of-rights;
         (26) “tenant” means a person who holds land under another person, and is, or but for a
                special contract would be, liable to pay rent for that land to that other person, and
                includes the predecessors and successors-in-interest of such person, but does not
                include–
                (a) a mortgagee of the rights of a land-owner; or
                (b) a person to whom a holding has been transferred, or an estate or holding has
                    been let in farm, under the provisions of this Act, for the recovery of an arrear
                    of land-revenue or of a sum recoverable as such an arrear; or
                (c) a person who takes from Government a lease of unoccupied land for the
                    purpose of subletting it;
         (27) “tenancy” means a parcel of land held by a tenant under one lease or one set of
                conditions;
    2
      [(27-A) “unirrigated land” means land other than irrigated land, and includes land fed by
                rains, floods, hill torrents, and uncultivable or waste land;]
         (28) “Village Officer” means any person appointed under this Act whose duty it is to
                collect, or to supervise the collection of, the revenue of an estate, and includes
                Kanungos, Patawris, 3[* *] Zabits, Kotars or Tapedars, Peons, Arbabs, Rais and
                headmen (Lambardars).

                                          [CHAPTER II    4

                                   DIVISIONS AND DISTRICTS]
5
  [5. Province to be divided into Divisions and Districts.– (1) The Government may, by
notification, create Divisions in the Province.
     (2) A Division shall consist of two or more Districts as may be specified by the
Government.
     (3) The Government may, by notification, declare as many Districts in the Province, with
such limits and such areas, as it deems appropriate.
     (4) The Government may, by notification, vary the number or limits of a Division or a
District.]


1
  The following clauses, which had been inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), were omitted by the
Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018):
          “(23-A) “Service Centre” means the Computerized Service Centre established by the Board of Revenue;
           (23-B) “Service Centre Official” means a person appointed as the Service Centre Official;”
2
  Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
3
  The expression “Service Centre Officials”, which had been inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), was
omitted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
4
  The heading substituted by the Punjab Land Revenue (Amendment) Act 2008 (IV of 2008).
5
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
                               The Punjab Land Revenue Act 1967 (XVII of 1967)               105

1
 [6. Districts be divided into Sub-Divisions.– (1) The Government may, by notification,
divide a District into Sub-Divisions or Tehsils.
     (2) A Sub-Division may consist of one or more Tehsils, and the Government may, by
notification, specify the territorial limits of a Sub-Division.
     (3) The Government may, by notification, vary the number or limits of Sub-Divisions or
Tehsils.]

                                             CHAPTER III
                      APPOINTMENT AND POWERS OF REVENUE OFFICERS
                                             Appointment
2
  [7. Classes of Revenue Officers.– There shall be the following classes of Revenue Officers:-
      (a) Board of Revenue;
      (b) Commissioner;
      (c) Collector;
      (d) Assistant Commissioner;
      (e) Assistant Collector of the first grade; and
      (f) Assistant Collector of the second grade.]
3
  [8. Appointment of Commissioners and Collectors.– The Government shall appoint a
Commissioner of a Division and a Collector of a District.]

4
 [9. Additional Commissioners and Additional Collectors.– (1) The Government may
appoint an Additional Commissioner of a Division, who shall, subject to the general control
of the Commissioner, exercise any of the powers and discharge any of the duties conferred or
imposed on the Commissioner.
     (2) The Government may appoint an Additional Collector of a District, who shall, subject to
the general control of the Collector, exercise any of the powers and discharge any of the duties
conferred or imposed on the Collector.]

5
 [10. Assistant Commissioners and Assistant Collectors.– (1) The Government may appoint in
a District as many Assistant Commissioners and Assistant Collectors of the first and second grade
as it may deem expedient.
     (2) The Government may place the revenue administration of a Sub-Division in the charge
of an Assistant Commissioner and confer any of the powers of the Collector on such officer
under sub-section (1) of section 16.
     (3) The Government may confer any of the powers of the Collector on an Assistant
Collector of the first grade under sub-section (1) of section 16.
     (4) In case any of the powers of a Collector are conferred on an Assistant Commissioner
or an Assistant Collector, he shall exercise such powers subject to the control of the Collector
of the District.]

[11. Tehsildars.– (1) The chief officer entrusted with the local revenue administration of a
6

Tehsil shall be called the Tehsildar.

1
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
3
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
4
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
5
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
6
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
106                                                    The Punjab Laws

   (2) A Tehsildar shall exercise such powers and discharge such duties of any Assistant
Collector as may be conferred by or under this Act.]
12. Certain appointments to be notified.– The appointment of all officers under this
Chapter shall be by notification.

                                     Administrative Control
13. Superintendence and control of Revenue Officers.– (1) The Board of Revenue shall
be subject to the control of Government.
    (2) The general superintendence and control over all other Revenue Officers shall be
vested in, and all such Officers shall be subordinate to, the Board of Revenue.
    1
      [(3) Subject to the general control of the Board of Revenue, a Commissioner shall
control all other Revenue Officers in the Division.
    (4) Subject to the general control of the Board of Revenue and the Commissioner, the
Collector of the District shall exercise control over the Revenue Officers in the District.]
14. Power to distribute business and withdraw and transfer cases.– (1) The Board of
Revenue may, by written order distribute, in such manner as may be deemed fit, any business
cognizable by any Revenue Officer under its control, and by like order, withdraw any case
pending before any such Officer.
    (2) The powers exercisable by the Board of Revenue under sub-section (1) may, by like
order and in like manner be exercised by 2[a Commissioner] or Collector in respect of any
business cognizable by, or any case pending before, other Revenue Officers under their
respective control.
    (3) Where a case is withdrawn by the Board of Revenue under sub-section (1) the Board
may dispose of it itself, or, by written order, refer it for disposal to any Revenue Officer; and
where a case is withdrawn by 3[a Commissioner] or Collector under sub-section (2) 4[the
Commissioner] or Collector, as the case may be, may dispose of it himself, or by like order,
refer it to any other Revenue Officer under his control.
    (4) No order under this section shall empower any Revenue Officer to exercise any
powers or deal with any business which he would not be competent to exercise or deal with
within the local limits of his own jurisdiction.

15. Combination of offices.– It shall be lawful for Government to appoint one and the same
person, being otherwise competent according to law, to any two or more of the offices
provided for in this Chapter.




1
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011).
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011), for the words “an Executive District Officer (Revenue)”.
3
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011), for the words “an Executive District Officer (Revenue)”.
4
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011), for the words “the Executive District Officer (Revenue)”.
                                The Punjab Land Revenue Act 1967 (XVII of 1967)                                                    107

                                             Powers
16. Conferment of powers of Revenue Officers.– (1) Government may, by notification,
confer on any person all or any of the powers of 1[a Commissioner] or Collector under this
Act, and may, in like manner, withdraw such powers.
    (2) The Board of Revenue may, by notification, confer on any person all or any of the
powers of an Assistant Collector under this Act, and may, in like manner, withdraw such
powers.
    (3) A person on whom powers are conferred under this section shall exercise those powers
within such local limits and in such classes of cases as Government or the Board of Revenue, as
the case may be, may direct and, except as otherwise so directed, such person shall, for all
purposes connected with the exercise thereof, be deemed to be the 2[Commissioner], Collector or
Assistant Collector, as the case may be.

17. Functions of Revenue Officers.– Except where the class of Revenue Officers by whom
any function is to be performed is specified in this Act, the Board of Revenue may, by
notification, determine the functions to be performed under this Act by any class of Revenue
Officers.

18. Retention of powers by Revenue Officers on transfer.– When a Revenue Officer of any
class who has, under the provisions of this Act, any powers to be exercised in any local area, is
transferred from that local area to another as a Revenue Officer of the same or a higher class, he
shall continue to exercise those powers in that other local area unless Government or the Board of
Revenue, as the case may be, otherwise directs or has directed.

                                        CHAPTER IV
                             PROCEDURE OF REVENUE OFFICERS
19. Subordination of Revenue Officers.– In all official acts and proceedings, a Revenue
Officer shall, in the absence of any express provision of law to the contrary, be subject as to
the place, time and manner of performing his functions, to the direction and control of the
officer to whom he is subordinate.

20. Powers to make rules as to procedure.– (1) The Board of Revenue may, with the
previous approval of Government, make rules, not inconsistent with this Act, for regulating the
procedure of Revenue Officers in cases in which a procedure has not been provided for by this
Act.
    (2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment
under this Act from, and delivery of possession of, immovable property, and rules providing for
those matters may confer on any Revenue Officer all or any of the powers in regard to contempt,
resistance, and the like, which a Civil Court may exercise in the execution of a decree whereby it
has adjudged ejectment from, or delivery of possession of such property.
    (3) Subject to the rules made under this section, a Revenue Officer may refer any case
which he is empowered to dispose of under this Act to another Revenue Officer subordinate
to him for investigation and report, and may decide the case upon such report after giving the
parties concerned an opportunity of being heard.


1
  Substituted for the words and brackets “an Executive District Officer (Revenue)”, by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011), for the words and brackets “Executive District Officer
  (Revenue)”.
108                                                        The Punjab Laws

21. Persons by whom appearance and applications may be made before and to Revenue
Officers.– (1) Appearance before a Revenue Officer, and applications to, and acts to be done
before him, under this Act may be made or done–
    (a) by the parties themselves; or
    (b) by their authorised agents or legal practitioners:
    Provided that the employment of an authorised agent or legal practitioner shall not excuse the
personal attendance of a party to any case in which personal attendance is specially required by
an order of the Revenue Officer.
    (2) The fees of a legal practitioner shall not be allowed as costs in any proceedings before
a Revenue Officer under this Act unless that officer considers, for reasons to be recorded by
him in writing, that the fees should be allowed.

22. Powers of Revenue Officers to summon persons to give evidence and produce
documents.– (1) A Revenue Officer may summon any person whose attendance he considers
necessary for the purpose of any business before him as a Revenue Officer.
    (2) A person so summoned shall be bound to appear at the time and place mentioned in
the summons in person or, if the summons so allows, by his authorised agent or a legal
practitioner:
    Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure,
1908 (Act V of 1908), shall be applicable to requisitions for attendance under this section.
    (3) The person attending in obedience to the summons shall be bound to state the truth
upon any matter respecting which he is examined or makes statements, and to produce such
documents and other things relating to any such matter as the Revenue Officer may require.

23. Summons to be in writing signed and sealed.– Every summons shall be in writing, in
duplicate and shall state the purpose for which it is issued, and shall be signed by the
Revenue Officer issuing it, and if he has a seal, shall also bear his seal.

24. Mode of service of summons.– (1) A summons issued by a Revenue Officer shall, if
practicable, be served (a) personally on the person to whom it is addressed or, failing him, (b)
on his authorised agent or (c) 1[an adult] member of his family usually residing with him.
    (2) If service cannot be effected in the manner provided in sub-section (1) or if acceptance of
service is refused, the summons may be served by affixing a copy thereof at the usual or last
known place of residence of the person to whom it is addressed, or, if that person does not reside
in the District in which the Revenue Officer is employed and the case to which the summons
relates has reference to land in that District, the summons may be served by–
         (a) sending it by post to the Collector of the District in which that person has his usual
             residence who shall cause it to be served in accordance with the provisions
             contained in sub-section (1); and
         (b) affixing a copy of the summons on some conspicuous place in or near the estate
             wherein the land is situate.
    (3) If the summons relates to a case in which persons having the same interest are so
numerous that personal service on all of them is not reasonably practicable, it may, if the
Revenue Officer so directs, be served by delivery of a copy thereof to such of those persons
as the Revenue Officer nominates in this behalf, and by proclamation of the contents thereof
for the information of the other persons interested.


1
    Substituted for the words “an adult male”, by the Punjab Land Revenue (Amendment) Act 2015 (IX of 2015).
                               The Punjab Land Revenue Act 1967 (XVII of 1967)                                                  109

    (4) A summons may, if the Revenue Officer so directs be served on the person named
therein, either in addition to, or in substitution for, any other mode of service by forwarding
the summons by registered post 1[or through any electronic means] to the person concerned.
    2
      [(5) When a summons is forwarded under subsection (4), the Revenue Officer may
presume that the summons have validly been served at the time when the letter would be
delivered in the ordinary course of post and, in case of service through electronic means
including e-mail and short message service, upon receipt of 3[confirmation] of such delivery.]

25. Mode of service of notice, order or proclamation, or copy thereof.– (1) A notice, order
or proclamation, or a copy of any such document, issued by a Revenue Officer for service on
any person, shall be served in the manner provided in section 24 for the service of a
summons.
    (2) No such notice, order or proclamation or copy thereof, shall be deemed void on account of
any error in the name or designation of any person referred to therein, unless such error has
occasioned substantial injustice.

26. Mode of making proclamation.– When a proclamation is issued by a Revenue Officer,
it shall, in addition to any other mode of publication which may be prescribed by or under
this Act, be made by beat of drum or other customary method and by affixing a copy thereof
on a conspicuous place in or near the land to which it relates.

27. Inquiries under the Act to be deemed judicial proceedings.– (1) Every inquiry under
this Act shall be deemed to be a “judicial proceeding” within the meaning of sections 193,
219 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and the Revenue Officer
holding an inquiry shall be deemed to be a Court for the purposes of such inquiry.
    (2) Every hearing and decision in such inquiry shall be in public, and the parties or their
authorised agents shall have due notice to attend.

28. Language of Revenue Offices.– Government may, by notification, declare what shall,
for the purposes of this Act, be deemed to be the language in ordinary use in any specified
part of the Province.

29. Arrest of defaulter to be made upon warrant.– Whenever it is provided by this Act that
a defaulter may be arrested, such arrest shall be made upon a warrant issued by the Revenue
Officer competent to direct such person’s arrest.

30. Power of Revenue Officers to enter upon any lands or premises for purpose of
measurements, etc.– It shall be lawful for any Revenue Officer, and any person acting,
under the orders of a Revenue Officer, at any time to enter, when necessary for the purpose of
measurement, demarcation, fixation or inspection of boundaries or boundary marks,
classification of soil, or assessment, or for any other purpose connected with the lawful
exercise of his office under the provisions of this Act, or any other law for the time being in
force relating to land-revenue, upon any lands or premises, whether belonging to Government
or to private individuals:

1
  Inserted by the Punjab Land Revenue (Amendment) Act 2015 (IX of 2015).
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2015 (IX of 2015) for the following:
       “(5) When a summons is forwarded as aforesaid, the Revenue Officer may presume that the summons was served at the time
       when the letter would be delivered in the ordinary course of post.”
3
   Substituted for the word “conformation” by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
110                                                     The Punjab Laws

    Provided that no premises used as human dwelling shall be entered upon except with the
consent of the occupier thereof, or without serving on the occupier a notice of not less than
seven days in the prescribed form:
    Provided further that due regard shall always be paid to the social and religious prejudices
of the occupiers.

31. Place of sittings.– (1) A Revenue Officer, other than an Assistant Collector of the first
grade, may exercise his powers under this Act at any place within the limits of his
jurisdiction.
    (2) An Assistant Collector of the first grade may exercise his powers at any place within
the district in which he is employed.

32. Proceedings held on holidays.– Any proceedings held before a Revenue Officer under
this Act on a day notified as a holiday, shall not be invalid by reason of such proceedings
having been held on that day.

33. Seals.– Government may from time to time, by notification, prescribe what Revenue
Officers shall use a seal, and what size and description of seal shall be used by each of such
officers.

34. Costs.– A Revenue Officer may give and apportion the costs of any proceedings under
this Act in any manner he thinks fit:
    Provided that if he orders that the cost of any such proceedings shall not follow the event,
he shall record his reasons for the order.

35. Penalty.– If a person required by summons, notice, order or proclamation proceeding
from a Revenue Officer to attend at a certain time and place within the limits of the estate in
which he ordinarily resides or in which he holds or cultivates land, fails to comply with the
requisition, he shall be liable at the discretion of the Revenue Officer to a fine which may
extend to 1[five hundred] rupees.

                                           CHAPTER V
                                       VILLAGE OFFICERS
36. Rules regulating appointments etc., of Village Officers.– The Board of Revenue may,
with the previous approval of Government, make rules to regulate the appointment, duties,
emoluments, punishment, suspension and removal of Village Officers.
37. Village Officers’ cess.– (1) Government may, by notification, impose on all or any of the
estates in the Province, a cess to be called the Village Officers’ cess, at such rate or rates, not
exceeding five per centum of the land-revenue, as it may think fit, for remunerating Village
Officers, other than those who are Government servants.
    (2) The Board of Revenue may, with the previous approval of Government, make rules
for the collection, control and distribution of the Village Officers’ cess.
38. Restrictions on attachment or assignment of remuneration of Village Officers.– (1)
The remuneration of a Village Officer mentioned under sub-section (1) of section 37 shall not
be liable to attachment in execution of a decree or order of a Civil or Revenue Court.


1
    Substituted by the Punjab Land Revenue (Amendment) Act 1997 (V of 1997).
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)              111

    (2) An assignment of, or charge on, or an agreement to assign or charge, any such
remuneration shall be void unless it is authorised by rules made by the Board of Revenue in
this behalf.
                                             CHAPTER VI
                                               RECORDS
                              Records-of-rights and Periodical Records
39. Records-of-rights and documents included therein.– (1) Save as otherwise provided by
this Chapter there shall be a record-of-rights for each estate.
    (2) The record-of-rights for an estate shall include the following documents, namely:-
        (a) statements showing, so far as may be practicable–
              (i) the persons who are land-owners, tenants or who are entitled to receive any of
                  the rents, profits or produce of the estate or to occupy land therein;
             (ii) the nature and extent of the interests of those persons, and the conditions and
                  liabilities attaching thereto; and
            (iii) the rent, land-revenue, rates, cesses or other payments, due from and to each
                  of those persons and to Government;
        (b) a statement of customs respecting rights and liabilities in the estate;
        (c) a map of the estate; and
        (d) such other documents as the Board of Revenue may, with the previous approval of
            Government, prescribe.

40. Making of special revision of record-of-rights.– (1) When it appears to the Board of
Revenue that a record-of-rights for an estate does not exist, or that the existing record-of-rights
for an estate requires special revision, the Board of Revenue may, by notification, direct that a
record-of-rights be made, or that the record-of-rights be specially revised, as the case may be.
    (2) A notification under sub-section (1) may direct that record-of-rights shall be made or
specially revised for all or any of the estates in any local area.
    (3) A record-of-rights made or specially revised for an estate under this section shall be
deemed to be the record-of-rights for that estate, but shall not affect any presumption in
favour of Government which has already arisen from any previous record-of-rights.

41. Periodical records.– (1) The Collector shall cause to be prepared by the Patwari of each
estate periodically, as the Board of Revenue may direct, an edition of any record-of-rights
amended in accordance with the provisions of this Chapter.
    (2) Such edition of the record-of-rights shall be called the periodical record for the estate,
and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39,
and such other documents, if any, as may be prescribed.
    (3) For the preparation of periodical records, the Collector shall cause to be maintained
by the Patwari of each estate a register of mutations in the prescribed form and other
prescribed registers, if any.

1
 [41-A. Preparation of computerized records.– (1) The Board of Revenue shall cause to be
prepared, in computerized form, the latest edition of the periodical record of an estate and if
no such record exists, the latest edition of the record-of-rights of the estate.
    (2) The Board of Revenue shall, by notification, specify a date for the commencement of
the operation of computerized edition of record-of-rights of an estate or a group of estates.

1
    Inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
112                                                     The Punjab Laws

    (3) The Board of Revenue shall, by notification, prohibit preparation of periodical record
of an estate under section 41 from a specified date.]
1
 [41-B. Computerized periodical records.– (1) The Collector shall cause to be prepared
periodically, as the Board of Revenue may direct, a computerized edition of the record-of-
rights amended in accordance with the provisions of this Chapter.
    (2) The computerized edition of record-of-rights shall be called the periodical record for
an estate and shall comprise the statements mentioned in clause (a) of sub-section (2) of
section 39.
    (3) The Collector shall cause to be maintained, in computerized form, record of mutations in
an estate and other documents, as may be prescribed.]
                                  Procedure for making records
42. Making of that part of periodical records which relates to land-owners.– (1) 2[Subject
to the other provisions of this Chapter, a person] acquiring by inheritance, purchase,
mortgage, gift, or otherwise, any right in an estate as a land-owner, or a tenant for a fixed
term exceeding one year, shall, within three months from the date of such acquisition, report
his acquisition of right to the Patwari of the estate, who shall–
     (a) record such report in the Roznamacha to be maintained in the prescribed manner;
     (b) furnish a copy of the report so recorded, free of cost, to the person making the report;
          and
     (c) send a copy of the report, within a week of its receipt by him, to the 3[office of the Union
          Administration] within which the estate is situated.
     4
       [* * * * * * * * *]
     (2) If the person acquiring the right is a minor or is otherwise unable to report, his
guardian or other person having charge of his property shall make the report to the 5[Patwari
6
  [* * * *]].
     (3) The Patwari shall enter in his register of mutations every report made to him under
sub-section (1) or sub-section (2), and shall also make an entry in the Roznamcha and in the
register of mutations respecting the acquisition of any such right as aforesaid which he has
reason to believe to have taken place, and of which report should have been made to him
under either of those sub-sections and has not been so made.
     (4) The report made to the Patwari under sub-section (1) or sub-section (2) or recorded
by him under sub-section (3) shall be displayed in such manner as may be prescribed.
     (5) If the Patwari fails to record or to display a report made to him under sub-section (1)
or sub-section (2), the person making the report may make the report, in writing, to the

1
  Inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
2
  Substituted for the words “Any person” by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
3
  Substituted for the words “Union Committee, Town Committee or Union Council” by the Punjab Land Revenue (Amendment) Ordinance,
  2001 (LV of 2001).
4
    The following sub-sections, which had been inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), were omitted by
   the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018):
          “(1-A) A person, acquiring a right in an estate by inheritance, purchase, mortgage, gift or otherwise as a land owner or a
          tenant for a fixed term exceeding one year, may report his acquisition of the right to the Service Centre Official of the estate,
          if the report is made within one year or the earlier date, as may be notified by the Board of Revenue after the commencement
          of operation of the Service Centre of the estate.
          (1-B) The Service Centre Official shall enter the report in the prescribed manner and supply a copy of the entry to the person
          making the report, free of cost.
          (1-C) The Service Centre Official shall deliver a copy of the report to the Patwari of the estate in the manner, as may be
          prescribed, and the Patwari shall record the report in the Roznamcha.”
5
  Substituted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), for the word “Patwari”.
6
   The words “or the Service Centre Official” omitted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
                                 The Punjab Land Revenue Act 1967 (XVII of 1967)                                                       113

Revenue Officer concerned and the 1[Union Nazim of the Union] in which the estate is
situated, by registered post acknowledgement due and the Revenue Officer shall thereupon
cause such report to be entered in the register of mutations.
    (6) A Revenue Officer shall, from time to time, inquire into the correctness of all entries in the
register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which,
under the foregoing sub-sections, report should have been made to the Patwari and entries made in
that register, and, shall in each case make such order as he thinks fit with respect to any entry in the
periodical record of the right acquired.
    (7) Except in cases of inheritance or where the acquisition of the right is by a registered
deed or by or under an order or decree of a Court, the Revenue Officer shall make the order
under sub-section (6) in the presence of the person whose right has been acquired, after such
person has been identified by two respectable persons, preferably from Lambardars or
members of the 2[Zila Council, Tehsil Council or Town Council] concerned whose signatures
or thumb-impressions shall be obtained by the Revenue Officer on the register of mutations.
    (8) An inquiry or an order under sub-section (6) shall be made in the common assembly
in the estate to which the mutation, which is the subject matter of the inquiry, relates.
    (9) Where a Revenue Officer makes an order under sub-section (6) in regard to the
acquisition of any right, an entry shall be made in the periodical record by the insertion therein of
a description of the right acquired and by the omission from such record of any entry in any
record previously prepared, which, by reason of the acquisition, has ceased to be correct.
    (10) If within three months of the making of a report of the acquisition of a right under
sub-section (1) or sub-section (2), or the recording by the Patwari of an entry in the
Roznamcha under sub-section (3) respecting the acquisition of any right, no order is made by
the Revenue Officer under sub-section (6), he shall report the cause of delay to the Collector
in the prescribed manner.
    (11) The Revenue Officer shall, in the prescribed manner, send or cause to be sent, the
gist of an order made by him under sub-section (6), to the person whose right is acquired, and
also to the 3[office of the Union Administration] in which the estate is situated.

4
 [42-A. Report of acquisition of rights.– 5[(1) With effect from the date notified under
subsection (2) of section 41-A, a person acquiring a right in an estate by inheritance,
purchase, mortgage, gift or otherwise as a land owner or a tenant for a term exceeding one
year, shall, within three months from the date of the acquisition, report the acquisition of the
right to the Arazi Record Centre.]
    (2) If the person acquiring the right is a minor or is otherwise unable to report, his
guardian or the person having charge of his property shall make such report to the 6[Arazi
Record Centre].


1
  Substituted for the words “Chairman of the Union Committee, Town Committee or Union Council” by the Punjab Land Revenue (Amendment)
  Ordinance, 2001 (LV of 2001).
2
  Substituted for the words “Union Committee, Town Committee” by the Punjab Land Revenue (Amendment) Ordinance, 2001 (LV of
  2001).
3
  Substituted for the words “Union Committee, Town Committee or Union Council” by the Punjab Land Revenue (Amendment) Ordinance,
  2001 (LV of 2001).
4
  Substituted by the Punjab Land Revenue (Amendment) Act 2010 (VIII of 2010).
5
  Substituted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018) for the following:
            “(1) After the date specified in sub-section (1-A) of section 42, a person acquiring a right in an estate by inheritance,
            purchase, mortgage, gift or otherwise as a land owner or tenant for a term exceeding one year, shall, within three months
            from the date of the acquisition, report the acquisition of the right to the Service Centre Official at the Service Centre of the
            estate.”
6
  Substituted for the words “Service Centre Official” by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018)
114                                                        The Punjab Laws

      [(3) Subject to subsection (4), the Arazi Record Centre shall take further necessary action
      1

on the report made under subsection (1) and subsection (2) in the manner as may be
prescribed under the Punjab Land Records Authority Act 2017 (VI of 2017).]
    2
      [(4) Until rules are made under the Punjab Land Records Authority Act 2017 (VI of
2017), the procedure provided in the rules made under this Act shall be followed.]
    3
      [* * * * * * * *]

43. Making of that part of periodical record which relates to other persons.– 4[(1)] The
acquisition of any interest in land other than a right referred to in sub-section (1) of section 42
shall–
    (a) if it is undisputed, be recorded by the Patwari in the prescribed manner; and
    (b) if it is disputed, be entered by the Patwari in the register of mutations and dealt with
         in the manner provided for in sub-sections (6) to (11) of that section.
    5
      [(2) If a person acquires an interest in land other than a right referred to in sub-section (1)
of section 42-A,–
         (a) the Patwari shall record the interest and send the record to the 6[Arazi Record
              Centre] in the prescribed manner; and
         (b) the 7[Arazi Record Centre] shall enter the record in the computerized land records in
              the manner, as may be prescribed.]

44. Determination of disputes.– (1) If during the making, revision or preparation of any
record, or in the course of any inquiry under this Chapter, a dispute arises as to any matter of
which an entry is to be made in a record or in a register of mutations, a Revenue Officer may
of his own motion, or on the application of any party interested, but subject to the provisions
of section 45, and after such inquiry as he thinks fit, determine the entry to be made as to that
matter and record his reasons therefor.
    (2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of
the parties thereto is in possession of any property to which the dispute relates, he shall–
        (a) if he be not below the rank of Assistant Collector of the first grade, ascertain, after an
             inquiry in which an opportunity shall be given to all the parties to the dispute of being

1
  Substituted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018) for the following:
            “(3) The Service Centre Official shall enter the particulars of the report and the prescribed document identity in the
            computerized system, and shall also obtain the signatures or thumb impression of the person making the report.”
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018) for the following:
            “(4) The Service Centre Official shall, in the prescribed manner, inform the person making the report, about the
            particulars of the mutation requested, any other documents required for processing the mutation, fee or tax payable, any
            other prescribed requirements, and the date on which the parties shall appear in the Service Centre for enquiry and order on
            the mutation by the Revenue Officer.”
3
  The following subsections omitted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018):
            “(5) The Service Centre Official shall publish a copy of the report and other particulars in such manner as may be
            prescribed.
            (6) On the date specified by the Service Centre Official, the Revenue Officer shall, in the prescribed manner, hold enquiry into
            the correctness of the entries in the report and make such order as he thinks fit with respect to any entry in the computerized
            periodical record relating to the right acquired.
            (7) The Revenue Officer shall hold such enquiry in the immediate presence of the person whose right has been acquired
            unless the person whose right has been acquired is a legal person or unable personally to attend the enquiry because of the
            prescribed circumstances, or if the right has been acquired through inheritance, registered deed, or by an order of a Court or
            any other competent authority.
            (8) If the person whose right has been acquired is a legal person or a person who is unable personally to attend the
            enquiry because of the prescribed circumstances, the Revenue Officer shall hold the enquiry in the immediate presence of
            an authorized agent of such person.”
4
  Section 43 renumbered as subsection (1) by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
5
  New subsection inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
6
  Substituted for the words “Service Centre Official” by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
7
  Substituted for the words “Service Centre Official” by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
                                 The Punjab Land Revenue Act 1967 (XVII of 1967)                                                         115

           heard and adducing evidence in support of their claims, who is the person best
           entitled to the property, and shall by written order direct that the person be put in
           possession thereof, and that entry in accordance with that order be made in the record
           or register; and
       (b) if he be below the rank of Assistant Collector of the first grade, report the matter to
           the Assistant Collector of the first grade, who shall thereupon proceed in the manner
           provided in clause (a).
   (3) A direction under sub-section (2) shall be subject to any decree or order which may be
subsequently passed by any Court of competent jurisdiction.

1
 [45. Restriction on variations of entries in records.– Entries in a record-of-rights or in a
periodical record, except entries made in periodical records with respect to undisputed
acquisition of interest under section 43, shall not be varied in subsequent records otherwise
than by–
      (a) making entries in accordance with facts proved or admitted to have occurred;
      (b) making such entries as are agreed to by all the parties interested therein or are supported by
          a decree or order binding on those parties; and
      (c) making new maps where it is necessary to make them.]

2
 [46. Mutation fees.– 3[(1) Subject to subsection (2) and subsection (4), the Board of
Revenue may fix the scale of fees for an entry in any record or register under this Chapter and
also for provision of a copy of any such entries.]
    (2) Where the scale of mutation fee is fixed at a certain percentage of the consideration or
value of land, the consideration or value of the land shall be calculated according to the
valuation table notified by the District Collector in respect of the land situated in the locality
under the Stamp Act 1899 (II of 1899).
    (3) A fee in respect of any entry shall be payable by the person in whose favour the entry
is made.]
    4
      [(4) The Punjab Land Records Authority established under the Punjab Land Records
Authority Act 2017 (VI of 2017) may fix the scale of fees for a computerized mutation and
fee for provision of a certified copy of any entries in computerized land records.]

47. Obligation to furnish information necessary for the preparation of records.– (1) Any
person whose rights, interests or liabilities are required to be, or have been, entered in any
record or register under this Chapter, shall be bound, on the requisition of any Revenue
Officer or Patwari engaged in compiling or revising the record or register, to furnish or
produce for his inspection, all such information or documents needed for the correct
compilation or revision thereof as may be within his knowledge or in his possession or
power.
    (2) The Revenue Officer or Patwari to whom any information is furnished or before
whom any document is produced in accordance with a requisition under sub-section (1) shall
give a written acknowledgement thereof to the person furnishing or producing the same, and


1
  Substituted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
2
  Substituted by the Punjab Finance Act 2010 (VI of 2010).
3
  Substituted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018) for the following:
            “(1) The Board of Revenue may fix scale of fee for an entry in any record or register under this Chapter and for provision
            of a copy of any such entry.”
4
  Inserted by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
116                                                 The Punjab Laws

shall endorse on any such document a note over his signature, stating the fact of its
production and the date thereof.

1
 [48. Penalty.– (1) Subject to sub-section (2), a person who neglects to make, within three
months from the date of his acquisition of a right referred to in section 42 or section 42-A, the
report required to be made or who fails to furnish the information or produce the documents
required under section 47, shall be liable, at the discretion of the Collector, to a fine not
exceeding five hundred rupees.
    (2) If a person acquires a right through a registered document, the Registering Authority
shall, in the prescribed manner, make a report of the acquisition of the right to the Patwari or
the 2[Arazi Record Centre].]

                          Rights of Government and presumptions
                          with respect thereto and to other matters
49. Rights of Government in mines and minerals.– Notwithstanding anything to the
contrary in any other law, or in any order or decree of Court or other authority, or in any rule
of custom or usage, or in any contract, instrument, deed or other document, all mines and
minerals shall be and shall always be deemed to have been the property of Government, and
Government shall have all powers necessary for the proper enjoyment of its rights thereto.
    Explanation– For the purposes of this section, “Government”, in relation to nuclear
energy, mineral oil and natural gas, shall mean the 3[Federal] Government, and in relation to
other mines and minerals the Government of 4[the Punjab].

50. Presumption as to ownership of forests, quarries and waste-lands.– (1) When in any
record-of-rights completed on or before the eighteenth day of November, 1871, in territories
where the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), was, with or without
modifications, in force immediately before the commencement of this Act 5[* * *] it is not
expressly provided that any forest or quarry, or any unclaimed, unoccupied, deserted or
waste-land or any spontaneous produce or other accessory interest in land belongs to the
land-owners, it shall be presumed to belong to Government.
    (2) When in any record-of-rights completed after eighteenth day of November, 1871, or
the seventeenth day of July, 1879, as the case may be, it is not expressly provided that any
forest or quarry, or any such land, produce or interest as aforesaid, belongs to Government, it
shall be presumed to belong to the land-owners concerned.
    (3) The presumption created by sub-section (1) may be rebutted by showing–
        (a) from the record or report made by the assessing officer at the time of assessment,
            or
        (b) if the record or report is silent, then from a comparison between the assessment of
            villages in which there existed, and the assessment of villages of similar character in
            which there did not exist, any forest or quarry, or any such land, produce or interest,
that the forest, quarry, land, produce or interest was taken into account in the assessment of
the land-revenue.

1
  Substituted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
2
   Substituted for the words “Service Centre Official” by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
3
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Central”.
4
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
5
  The words “or completed on or before the seventeenth day of July, 1879, in territories where the Bombay Land Revenue Code, 1879
  (Bombay Act V of 1879), or the Sind Land Revenue Code, 1879 (Sind Act V of 1879), was so in force”, deleted by the Punjab Laws
  (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
                                 The Punjab Land Revenue Act 1967 (XVII of 1967)                117

    (4) Until the presumption is so rebutted, the forest, quarry, land, produce, or interest shall
be held to belong to Government.

51. Compensation for infringement of rights of third parties in exercise of a right of
Government.– (1) Whenever, in the exercise of any right of Government referred to in
sections 49 and 50, the rights of any person are infringed by the occupation or disturbance of
the surface of any land, Government shall pay, or cause to be paid, to that person
compensation for the infringement.
    (2) The compensation shall be determined, as nearly as may be, in accordance with the
provisions of the Land Acquisition Act, 1894 (Act I of 1894).

52. Presumption in favour of entries in records-of-rights and periodical records.– Any
entry made in a record-of-rights in accordance with the law for the time being in force, or in a
periodical record in accordance with the provisions of this Chapter and the rules made
thereunder, shall be presumed to be true until the contrary is proved or a new entry is lawfully
substituted therefor.

53. Suit for declaratory decrees by persons aggrieved by an entry in a record.– If any
person considers himself aggrieved by an entry in a record-of-rights or in a periodical record
as to any right of which he is in possession, he may institute a suit for a declaration of his
right under Chapter VI of the Specific Relief Act, 1877 (Act I of 1877).

                                  Supplemental Provisions
54. Records-of-rights and periodical records for groups of estates.– The Board of
Revenue may, by notification, direct that a record-of-rights shall be made for any group of
neighbouring estates instead of separately for each of such estates and thereupon the
provisions of this Chapter with respect to a record-of-rights and a periodical record for an
estate shall so far as they can be made applicable, apply to the record-of-rights and the
periodical record for such group of estates as if the group were an estate.

1
 [54-A. Power to call for information.– (1) The Board of Revenue may by notification require
a land owner or a class of land owners to furnish such information as to the extent of his or their
ownership of land, whether such land is situated wholly within the Province or partly within the
Province and partly outside the Province, in such form and manner, within such time and to such
person or authority as may be specified in the notification.
    (2) Whoever fails, without reasonable cause, to furnish the information required under sub-
section (1) or furnishes information which he knows, or has reason to believe to be false or omits to
give any information material for the purpose for which it is required, shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.
    (3) No court shall take cognizance of an offence punishable under this section, except on
a complaint in writing by a Revenue Officer especially or generally empowered in this behalf
by the Board of Revenue.]

55. Powers to make rules respecting records and other matters connected therewith.–
The Board of Revenue may, with the previous approval of Government, make rules–
    (a) prescribing the language in which records and registers under this Chapter are to be
        made;
1
    Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
118                                                   The Punjab Laws

      (b) prescribing the form of those records and registers, and the manner in which they are
            to be prepared, signed and attested;
      (c) for the survey of land so far as may be necessary for the preparation and correction of
            those records and registers;
      (d) for the conduct of inquiries by Revenue Officers under this Chapter; 1[and]
      (e) generally for the guidance of Revenue Officers and Village Officers in matters
            pertaining to records and registers mentioned or referred to in this Chapter 2[.]
      3
        [(f) * * * *]

                                          CHAPTER VII
                                           ASSESSMENT
56. Assessment of land revenue.– (1) All land, to whatever purpose applied and wherever
situate, is liable to the payment of land-revenue to Government, except–
    (a) such land as has been wholly exempted from that liability by special contract with
         Government, or by the provisions of any law for the time being in force;
    (b) such land as is included in village site;
    (c) such land as is included in Cantonment limits;
    (d) land on which property tax under the 4[Punjab] Urban Immovable Property Tax Act,
         1958 (W.P. Act V of 1958), is payable;
    (e) waste and barren land not under cultivation for a continuous period of not less than
         six years immediately before the date of notification of general assessment or re-
         assessment under section 59; provided that where any waste and barren land is
         brought under cultivation at any time after the date of such notification such land shall
         not be liable to the payment of land-revenue for a period of six years from the date it
         is so brought under cultivation.
    (2) Land-revenue shall be assessed in cash.
    (3) Land-revenue may be assessed–
         (a) as a fixed annual charge, payable in lump sum or by installments; or
         (b) in the form of prescribed rates, per acre or other unit of area applicable to the area
              recorded as sown, matured or cultivated during any harvest or during any year:
    Provided that land-revenue shall not be assessed in the form of sliding scales varying
annually according to the market price of any agricultural produce prevailing during a
specified period of the year.
5
 [56-A. Exemption of land revenue.– Notwithstanding anything to the contrary contained in
this Act no land-owner, from Rabi 1982-83, shall be liable to pay land revenue at any rate or
cess chargeable under the provisions of this Act, if he owns–
          (a) irrigated land not exceeding 2½ acres;
          (b) unirrigated land not exceeding 5 acres;


1
   The word “and”, which was previously omitted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007) was again inserted by
the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
2
   The expression “; and”, which was previously substituted for the full-stop by the Punjab Land Revenue (Amendment) Act 2007 (II of
2007), was again substituted for the full-stop by the Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018).
3
  The following clause, which was previously inserted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), was omitted by the
Punjab Land Revenue (Amendment) Act 2018 (XXVIII of 2018):
      “(f) for reporting, preparation, authentication, revision and correction of computerized land records.”
4
  Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
5
  Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976), substituted by the Punjab Land Revenue (Amendment)
  Ordinance, 1978 (V of 1978) and again substituted by the Punjab Land Revenue (Amendment) Ordinance, 1983 (XII of 1983).
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)                                                119

                (c) irrigated and unirrigated land the aggregate area of which does not exceed 2½
                    acres of irrigated land as determined under section 70-B.]

57. Basis of assessment.– (1) The assessment of land-revenue shall be based on an estimate
of the average money value of the gross produce of an estate or a group of estates, in which
the land concerned is situated.
    (2) Such estimate shall be made in the prescribed manner.

58. Limit of assessments.– If the land-revenue is assessed as a fixed annual charge, the amount
thereof, and if it is assessed in the form of prescribed rate, the average amount which, according
to an estimate in writing approved by Government or the Board of Revenue, as the case may be,
will be leviable annually, shall not, in the case of an assessment circle, exceed one-fourth of the
estimated money-value of the net assets of such assessment circle.
                                        General Assessments
59. Notification of intended re-assessment and instructions as to principles of assessment.– (1)
Assessments of land-revenue may be general or special.
    (2) A general assessment or re-assessment of the land-revenue of any area shall not be
undertaken without the previous sanction of Government and notification of that sanction.
    (3) In granting such sanction Government may give such instructions consistent with the
provisions of this Act and the rules made thereunder as it may deem fit.

60. Mode of determining assessment.– (1) A general assessment shall be made by a
Revenue Officer.
    (2) Before making such assessment the Revenue Officer shall report through the
1
  [Commissioner] for the sanction of the Board of Revenue his proposals with regard thereto.

61. Announcement of assessment.– (1) After consideration of the proposals submitted by
the Revenue Officer under the provisions of section 60, the Board of Revenue shall pass such
orders as it may deem fit, subject to the provisions of sub-sections (3) and (4), and on the
receipt of such orders the Revenue Officer shall make an order determining the assessment
proper for each estate concerned and shall announce it in such manner as Government may
by rules prescribe.
    (2) At the time of announcing the assessment the Revenue Officer shall also declare the
date from which it is to take effect, and, subject to the other provisions of this Act, it shall
take effect accordingly.
    (3) Subject to the provisions of sub-section (4), the average rate of assessment imposed
under the provisions of sub-section (1) on any assessment circle forming part of any area in
respect of which a notification has been issued under sub-section (2) of section 59 shall not
exceed the rate of assessment imposed at the last previous assessment by more than one-
fourth; provided that the rate of assessment imposed on any estate shall not exceed the rate of
assessment of the last previous assessment on the estate by more than one-half.
    (4) The provisions of sub-section (3) shall not be applicable in the case of land which has
not been previously assessed to land-revenue or in which canal irrigation has been introduced
after the date of the orders passed under the provisions of sub-section (1) at the last previous
assessment, or in the case of an area which has been notified by Government to be an urban


1
    Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
    2011).
120                                                   The Punjab Laws

assessment circle, and for the purpose of calculating the increase in the incidence of the land-
revenue for the purpose of sub-section (3), all such land shall be excluded from calculation:
    Provided that in the case of lands in which canal irrigation has been introduced after the
date specified in this sub-section, the average rate of assessment shall not, so far as may be,
exceed the average rate of assessment of land of similar kind imposed under sub-section (3).

62. Application for reconsideration of assessment.– (1) Any land owner may, within thirty
days from the date of the announcement of the assessment, present a petition to the Revenue
Officer for a reconsideration of the amount, form or conditions of the assessment.
    (2) The order passed by the Revenue Officer on the petition shall set forth his reasons for
granting or refusing it.

63. Confirmation and duration of assessment.– (1) An assessment, the undertaking of
which has been sanctioned under the provisions of section 59, shall not be considered final
until it has been confirmed by the Board of Revenue.
    (2) At any time before an assessment is so confirmed, the 1[Commissioner] or Board of
Revenue may, subject to the provisions of sub-section (3), modify the assessment of any
estate.
    (3) Before an enhancement is ordered under the provisions of sub-section (2), the
2
  [Commissioner] or the Board of Revenue, as the case may be, shall cause reasonable notice
to be given to the land-owners by proclamation published in the manner described in section
26, to show cause in a petition addressed to the Revenue Officer why the proposed
enhancement should not be ordered, and the Revenue Officer shall enquire into any
objections raised by any land-owner and submit such petition received by him with his report
thereon to the 3[Commissioner] or the Board of Revenue, who shall consider the petition and
the report and shall also hear the petitioner if the petitioner so desires.

64. Duration of assessment.– (1) The Board of Revenue shall, when confirming an
assessment under sub-section (1) of section 63, fix a period of time for which the assessment
shall remain in force.
     (2) The period fixed under sub-section (1) shall be twenty-five years:
     Provided that a period not exceeding twenty-five years and not shorter than ten years may
be fixed for any area, specified by the Board of Revenue, in which canal irrigation has been
introduced after the date of the orders passed under the provisions of sub-section (1) of
section 61 at the last previous assessment or in which it has been proposed to introduce such
irrigation during the period fixed.
65. Assessment to remain in force till new assessment takes effect.– Notwithstanding the
expiration of the period fixed for the continuance of an assessment under the last foregoing
section, the assessment shall remain in force till a new assessment takes effect.
66. Refusal to be liable for assessment and consequences thereof.– (1) At any time within
ninety days from the date of the announcement of an assessment, the land-owner or, where
there are more land-owners than one, any of them who would be individually or collectively

1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
3
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
                               The Punjab Land Revenue Act 1967 (XVII of 1967)                                                 121

liable for more than half the sum assessed, may give notice to the Revenue Officer of refusal
to be liable for the assessment.
    (2) When the Revenue Officer receives a notice under sub-section (1), the Collector may
take possession of the estate and deal with it, as nearly as may be, as if the annulment of the
assessment thereof had been ordered as a process for the recovery of an arrear of land-
revenue due thereon.
    (3) While the estate is in the possession of the Collector, the land-owner or land-owners
shall be entitled to receive from Government an allowance, to be fixed by the Board of
Revenue, which shall not be less than fifty or more than seventy-five per cent of the net
income realised by Government from the estate.
67. Distribution of the assessment of an estate over the holdings comprised therein.– (1)
If the assessment announced under section 61 is in whole or in part a fixed assessment of an
estate for a term of years, the Revenue Officer shall, before the date on which the first
instalment thereof becomes payable, make an order distributing it over the several holdings
comprised the estate and make and publish a record of the distribution.
     (2) The Collector may for sufficient reasons make an order revising that record at any
time while the assessment continues to be in force, and publish the record so revised.
     (3) If the assessment announced under section 61 is in the form of rates chargeable
according to the results of each year or harvest, a Revenue Officer shall from year to year or
from harvest to harvest, as the conditions of the assessment may require, make and publish,
not later than one month before the first instalment of the land-revenue falls due, a record of
the amount payable in respect of each holding.
     (4) Notwithstanding anything contained in this section, arid land (whether cultivated or not)
in which well or tube-well irrigation facilities are provided by or on behalf of the land-owner or
the tenant shall, for a period not less than four years from the date such irrigation facilities are
first provided in such land, not be liable to pay land-revenue at a higher rate than was payable
thereon before such irrigation facilities were provided.
     Explanation– For the purposes of this sub-section only such land shall be deemed to be arid
land in which canal irrigation has not been introduced.
68. Application for amendment of the distribution of an assessment.– (1) Any person
affected by a record under sub-section (1) or sub-section (3) of the last foregoing section or
by the revision of a record under sub-section (2) of that section, may, within thirty days from
the date of the publication of the record, present a petition to the Revenue Officer for a re-
consideration of the record so far as it affects him.
    (2) The order passed by the Revenue Officer on the petition shall set forth his reasons for
granting or refusing it.

69. Appeals from orders under sections 62 and 68.– An appeal from an order under the last
foregoing section or section 62 shall lie to the 1[Commissioner] and from the appellate order
of the 2[Commissioner], to the Board of Revenue.
                                     Special Assessment
70. Special assessments.– (1) Notwithstanding the provisions of sections 64 and 65, special
assessment may be made by Revenue Officers in the following cases, namely:-

1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
122                                                 The Punjab Laws

    (a) when it is proposed to change the form of assessment;
    (b) when lands are sold, leased or granted by Government;
    (c) when the assessment of any land has been annulled or the land-owner has refused to be
        liable therefor, and the term for which the land was to be managed by the Collector or his
        agent or let in farm has expired;
    (d) when assessments of land-revenue require revision in consequence of the action of water or
        sand or of calamity of season or from any other cause;
    (e) when revenue due to the Government on account of pasture or other natural products
        of land, or on account of mills, fisheries or natural products of water, or on account of
        other rights described in section 49 or section 50, has not been included in an
        assessment made under the foregoing provisions of this Chapter;
    (f) when waste and barren land becomes liable to the payment of land-revenue.
    (2) The Board of Revenue may confirm any assessment made under this section.
    (3) The foregoing provisions of this Chapter with respect to general assessment shall, subject to
such modifications thereof as the Board of Revenue may prescribe by executive instructions issued
under the provisions of section 73, regulate the procedure of Revenue Officers making special
assessments.
1
 [70-A. Notwithstanding anything to the contrary contained in this Act, from Rabi 1982-83,
every land-owner of the categories, mentioned below shall, in addition to the land revenue
assessed under the provisions of sections 57 and 70, be liable to pay land revenue at the
enhanced rate mentioned against each category–
                (a) a land owner owning:-                                   50 per cent increase
                      (i) irrigated land exceeding 2½ acres but not         on land revenue
                           exceeding 12½ acres; or                          determined     under
                     (ii) unirrigated land exceeding 5 acres but not        the provisions of
                           exceeding 25 acres; or                           section     57   and
                     (iii) irrigated land and unirrigated land the          section 70.
                           aggregate area of which exceeds 2½ acres,
                           but does not exceed 12½ acres of irrigated
                           land as determined under section 70-B.
                (b) a land owner owning:-                                   100      per    cent
                      (i) irrigated land exceeding 12½ acres but            increase on land
                           not exceeding 25 acres; or                       revenue determined
                     (ii) unirrigated land exceeding 25 acres but           under the provisions
                           not exceeding 50 acres; or                       of section 57 and
                     (iii) irrigated and unirrigated land the aggregate     section 70.
                           area of which exceeds 2½ acres, but does not
                           exceed 25 acres of irrigated land, as
                           determined under section 70-B.
                (c) a land owner owning:-                                   200      per    cent
                      (i) irrigated land exceeding 25 acres but not         increase on land
                           exceeding 50 acres; or                           revenue determined
                     (ii) unirrigated land exceeding 50 acres but           under the provisions
                           not exceeding one hundred acres; or              of section 57 and
                     (iii) irrigated land and unirrigated land the          section 70.
                           aggregate area of which exceeds 25 acres but
                           does not exceed 50 acres of irrigated land, as
                           determined under section 70-B.




1
    Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976), substituted by the Punjab Land Revenue (Amendment)
    Ordinance, 1978 (V of 1978) and again substituted by the Punjab Land Revenue (Amendment) Ordinance, 1983 (XII of 1983).
                              The Punjab Land Revenue Act 1967 (XVII of 1967)                   123

              (d) a land owner owning:-                                  300      per    cent
                    (i) irrigated land exceeding 50 acres; or            increase on land
                   (ii) unirrigated land exceeding one hundred           revenue determined
                         acres; or                                       under the provisions
                   (iii) irrigated and unirrigated land aggregate area   of section 57 and
                         of which exceeds 50 acres of irrigated land,    section 70.]
                         as determined under section 70-B.

1
    [70-B. Determination of land ownership.– For the purposes of sections 56-A and 70-A–
           (a) One acre of irrigated land shall be reckoned as equivalent to two acres of
               unirrigated land, provided that in calculating the aggregate area of a land-owner
               the conversion is made from unirrigated to irrigated land;
           (b) land owned by a land-owner shall include all land owned by him, whether such land is
               situated wholly within the Province or partly within and partly outside the Province,
               except the following:-
                 (i) land described in clauses (b), (c) and (d) of section 56; and
                (ii) share in shamlat of a village where the total area of such shamlat does not
                     exceed 25 acres;
           (c) “land owner” shall include a person–
                 (i) who is an allottee or a grantee of any land under any scheme of the
                     Government, under which such allotment or grant is to mature into
                     ownership;
                (ii) who has mortgaged his land, or any portion thereof;
               (iii) who has permanent rights and interest in land.]

2
 [70-C. Information about increase in the extent of ownership.– (1) A person who after
the tenth day of November, 1975, acquires land or increases the extent of his ownership of
land and by such acquisition owns land in more than one Patwar Circle whether such land is
situated within the Province or partly within and partly outside the Province, shall inform
such authority within such time, in such manner and form as the Board of Revenue may by
notification specify in this behalf.
    (2) A land-owner who fails without reasonable cause to comply with the provision of sub-
section (1) or the rules or orders made thereunder or wilfully furnishes incomplete or false
information shall be deemed to have committed an offence under the provision of sub-section (2)
of section 54-A.]

3
 [70-D. Change in the basis of exemption or assessment.– (1) Any land-owner entitled to
exemption under section 56 or section 56-A from the payment of land-revenue or reduction in
land-revenue chargeable under section 70-A, who has not been granted such exemption or
reduction, or any land-owner aggrieved by the categorization of his land under section 70-A,
may, at any time, make an application, in such form and manner as may be specified by the
Board of Revenue, to the Assistant Collector of the area in which his land or any part thereof
is situated.
     (2) On receipt of such application, this Assistant Collector shall cause a notice of the
application to be served on the person on whom the liability to pay the land-revenue may


1
  Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
2
  Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
3
  Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
124                                                        The Punjab Laws

devolve as a result of the transfer of land and after holding such inquiry as he considers
necessary, shall pass orders, setting forth his reasons therefor.
     (3) Without prejudice to the provisions of sub-sections (1) and (2), the Assistant Collector
shall have the power to hold an inquiry and pass appropriate orders if on receipt of any
information or otherwise he is of opinion that any land-owner who is liable to pay land-
revenue, is not paying such land-revenue or paying less than the amount of the land-revenue
which he is liable to pay:
     Provided that before passing final order he shall give fifteen days notice to the person
likely to be affected by such order for affording him an opportunity of being heard.
     (4) In exercising his powers under sub-section (2) or sub-section (3), the Assistant
Collector shall–
         (a) not question the correctness or validity of a registered deed or any mutation
             sanctioned in accordance with law, relating to transfer of land;
         (b) follow, subject to other provisions of this section, the procedure as may be laid
             down by the Board of Revenue by notified instructions in this behalf.]
1
  [70-E. Exemption or assessment of land-revenue.– Notwithstanding anything contained
in this Act, Government may, at any time, by notification, prescribe the principle or the
method or the procedure by which and the manner in which exemption under section 56-A or
assessment under section 70-A shall be determined or announced.]

71. Power to make rules.– Government shall, subject to the provisions of section 72, from
time to time, make rules prescribing–
    (a) the method by which the estimate of the money-value of the net assets of an estate or
        group of estates shall be made;
    (b) the method by which assessment to land-revenue shall be made;
    (c) the principles on which exemption from assessment shall be allowed for
        improvements;
    (d) the manner in which assessment shall be announced;
    (e) the manner in which the rate of assessment is to be calculated for the purpose of sub-
        section (3) of section 61.

72. Procedure to be followed in making rules.– Before making any rule under the provisions of
section 71, Government shall, in addition to observing the procedure laid down in section 22 of
the 2[Punjab] General Clauses Act, 1956 (W.P. Act VI of 1956), publish, by notification, a draft
of the proposed rule for the information of persons likely to be affected thereby.

73. Power to issue instructions.– Government or the Board of Revenue with the approval of
Government may, for the guidance of Revenue Officers, from time to time, issue executive
instructions relating to all matters to which the provisions of this Chapter apply; provided that
such instructions shall be consistent with the provisions of this Act and the rules made thereunder.

                                       CHAPTER VIII
                               COLLECTION OF LAND REVENUE
74. Liability for payment of land-revenue.– In the case of any holding, the holding and its
land-owner shall be liable for the payment of land-revenue thereon, and if there be joint land-


1
    Added by the Punjab Land Revenue (Amendment) Act, 1976 (V of 1976).
2
    Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
                                 The Punjab Land Revenue Act 1967 (XVII of 1967)                  125

owners of a holding, the holding and all the land-owners jointly and severally shall be liable
for the payment of the land-revenue.

75. Security for payment of land-revenue.– (1) The land-revenue for the time being
assessed and payable in respect of a holding shall be the first charge upon the rents, profits
and produce thereof.
    (2) Save with the previous consent of the Collector, the rents, profits and produce of a
holding shall not be liable to be taken in execution of a decree or order of any Court until the
land-revenue chargeable against the rents, profits or produce or any arrear of land-revenue
due in respect of the holding, have been paid.

76. Orders to regulate payment of land-revenue.– (1) Notwithstanding anything in any
record-of-rights, the Board of Revenue may fix the number and amount of the installments,
and the times, places and manner, by, at and in which the land-revenue is to be paid.
    (2) Until the Board of Revenue otherwise directs, land-revenue shall be payable by the
installments at the times and places and in the manner, by, at and in which it is payable immediately
before the commencement of this Act.

77. Rules to regulate collection, remission and suspension of land-revenue.– The Board
of Revenue may, with the previous approval of Government, make rules not inconsistent with
this Act to regulate the collection, remission and suspension of land-revenue.

78. Costs recoverable as part of arrear.– The costs of any process issued under this
Chapter shall be recoverable as part of the arrear of land-revenue in respect of which the
process was issued.

79. Certified account to be evidence as to arrear.– A statement of account certified by a
Revenue Officer shall be conclusive proof of the existence of an arrear of land-revenue, of its
amount and of the person who is the defaulter.

80. Processes for recovery of arrears.– Subject to the other provisions of this Act, an arrear
of land-revenue may be recovered by any one or more of the following processes, namely:-
    (a) by service of a notice of demand on the defaulter under section 81;
    (b) by arrest and detention of his person under section 82;
    (c) by distress and sale of his movable property and uncut or ungathered crops under
        section 83;
    (d) by transfer, under section 84, of the holding in respect of which the arrear is due;
    (e) by attachment, under section 85, of the holding in respect of which the arrear is due;
    (f) by annulment, under section 86, of the assessment of that holding;
    (g) by sale of that holding under section 88;
    (h) by proceedings against other immovable property of the defaulter under section 90.
81. Notice of demand.– A notice of demand may be issued by Revenue Officer on or after
the day following that on which an arrear of land-revenue accrues.
82. Arrest and detention of defaulter.– 1[(1) If after lapse of twenty days of the service of
the notice of demand under section 81 on a defaulter, arrears of land-revenue due from him or

1
    Substituted by the West Pakistan Land Revenue (Punjab Amendment) Act, 1975 (XXVII of 1975).
126                                                    The Punjab Laws

any part thereof, remain unpaid, a Revenue Officer may issue a warrant directing an officer
named therein to arrest the defaulter or the person who furnishes security under clause (b) of
sub-section (8) and bring him before the Revenue Officer.]
    (2) 1[*     *    *     *    *     *    *     *    *     *    *     *]
    (3) When the defaulter is brought before the Revenue Officer, the Revenue Officer may
cause him to be taken before the Collector, or may keep him under personal restraint for a period
not exceeding ten days and then, if the arrear is still unpaid, cause him to be taken before the
Collector.
    (4) Where the Revenue Officer keeping a defaulter under personal restraint is an
Assistant Collector of the second grade, he shall without delay report his action to the
Collector, if the period of such restraint exceeds twenty-four hours.
    (5) When the defaulter is brought before the Collector, the Collector may issue an order
to the officer-in-charge of the civil jail of the District, directing him to confine the defaulter
in jail for such period not exceeding the month from the date of the order, as the Collector
thinks fit.
    (6) The process of arrest and detention shall not be executed against a defaulter who is a
female, a minor, a lunatic or an idiot.
    (7) A warrant of arrest issued against a defaulter under sub-section (1) shall not be
executed, if the arrears due from him are paid or the defaulter furnishes security in the
manner provided in clause (b) of sub-section (8).
    (8) Any defaulter, who, under sub-section (3) is being kept under personal restraint, or
under sub-section (5) is being confined in the civil jail, shall forthwith be set at liberty–
         (a) on the arrears due from such defaulter being paid; or
         (b) on the defaulter furnishing to the Revenue Officer ordering his arrest, or the
             Collector, security to the satisfaction of the Revenue Officer or the Collector, as
             the case may be, for the payment of the arrears due from him.
83. Distress and sale of movable property and crops.– (1) At any time after an arrear of
land-revenue has accrued, the immovable property and uncut or ungathered crops of the
defaulter, may be distrained and sold by order of a Revenue Officer.
    (2) The distress and sale shall be conducted, as nearly as may be, in accordance with the
law for the time being in force for the attachment and sale of movable property under the
decree of a Revenue Court:
    Provided that, in addition to the particulars exempted by any law for the time being in
force from liability to sale, so much of the produce of the land of the defaulter as the
Collector thinks necessary for seed grain and for the subsistence, until the harvest next
following of the defaulter and his family, and of any cattle exempted by that law shall be
exempted from sale under this section.
84. Transfer of holding.– (1) At any time after an arrear of land-revenue has accrued on a
holding, the Collector may transfer the holding to any person being a land-owner of the estate
in which such holding is situated and not being a defaulter in respect of his own holding on
condition of his paying the arrear being put in possession of the holding and on such further
conditions as the Collector may deem fit to impose:
    Provided that no order shall be passed under this sub-section for the transfer of a holding
unless the processes specified in clauses (b) and (c) of section 80 have first been taken against
the land-owner.

1
    Deleted by the West Pakistan Land Revenue (Punjab Amendment) Act, 1975 (XXVII of 1975).
                               The Punjab Land Revenue Act 1967 (XVII of 1967)                                                 127

    (2) The transfer may, as the Collector thinks fit be either till the end of the agricultural year
in which the defaulter pays to the transferee the amount of the arrear which the transferee paid
before being put in possession of the holding, or for a term not exceeding fifteen years from the
commencement of the agricultural year next following the date of the transfer.
    (3) The Collector shall report to the 1[Commissioner] any transfer made by him under this
section, and the 2[Commissioner] may set aside the transfer or alter the conditions thereof or pass
such other order as he thinks fit.
    (4) In respect of all rights and liabilities arising under this Act, the person to whom the
holding is transferred shall, subject to the conditions of the transfer, stand in the same
position as that in which the defaulter would have stood if the holding had not been
transferred.
    (5) When the transfer is for a term, the holding shall, on the expiration of the term, be
restored by the Collector to the defaulter free of any claim on the part of Government or the
transferee for any arrear of land-revenue or rates and cess due in respect thereof.

85. Attachment of holding.– (1) The Collector may instead of transferring under section 84 a
holding in respect of which an arrear of land-revenue has accrued, cause such holding to be
attached and taken under his own management or that of an agent appointed by him for that
purpose.
    (2) The Collector or the agent shall be bound by all the engagements which existed
between the defaulter and his tenants, if any, and shall be entitled to manage the land and to
receive all rents and profits accruing therefrom to the exclusion of the defaulter until the
arrear has been satisfied, or until the Collector restores the land to the defaulter.
    (3) All surplus profits of the land attached beyond the cost of attachment and management
and the amount necessary to meet the current demand for land-revenue and rates and cesses shall
be applied in discharge of the arrear.
    (4) Land shall not be attached for the same arrear for a longer term than five years from the
commencement of the agricultural year next following the date of the attachment, but if the arrear
is sooner discharged, the land shall be released and the surplus receipts, if any, made over to the
land-owner.

86. Annulment of assessment of holding.– (1) When an arrear of land-revenue has been due
for a longer period than one year, and the foregoing processes are not deemed sufficient for
the recovery thereof, the Board of Revenue may, in addition to or instead of all or any of
these processes, order the existing assessment of the holding in respect of which the arrear is
due to be annulled.
    (2) The provisions of this section shall not be put in force for the recovery of an arrear of
land-revenue which has accrued on land–
        (a) while under attachment under section 85, or
        (b) while under the charge of the Court of Wards.
    (3) When the assessment of any land has been annulled under sub-section (1), the
Collector may, with the previous sanction of the Board of Revenue, manage the land either
himself or through an agent, or let it in farm to any person willing to accept the farm for such
term and on such conditions as may be sanctioned by the Board of Revenue:

1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
128                                      The Punjab Laws

    Provided that the term for which land may be so managed or farmed shall not be longer
than ten years from the commencement of the agricultural year next following the date of the
annulment.
    (4) Sometime before the expiration of the aforesaid term, the Collector shall determine
the assessment in respect of the holding for the remainder of the term of the current
assessment of the District or Tahsil, and, when that assessment has been sanctioned by the
Board of Revenue, shall announce it to the land-owner.
    (5) The land-owner may give notice to the Collector of refusal to be liable for the
assessment within thirty days from the date on which the assessment was announced to him.
    (6) If notice is so given, the Collector may, with the previous sanction of the Board of
Revenue, take the holding under direct management or farm it for the remainder of the term
of the current assessment of the District or Tahsil, or for any period within that term which
the Board of Revenue may fix.
    (7) The Board of Revenue may direct that any contract made by the defaulter, or by any
person through whom the defaulter claims with respect to any land comprised in a holding of
which the assessment has been annulled, shall not be binding on the Collector or his agent or
farmer during the period the holding remains under the management of the Collector or his
agent or is let-in-farm.

87. Proclamation of attachment or annulment of assessment and consequences of
proclamation.– (1) When any land is attached under section 85, or when the assessment of
any land has been annulled under section 86, the Collector shall make proclamation thereof.
    (2) No payment made by any person to the defaulter before the making of the
proclamation on account of rent or any other asset in anticipation of the usual time for the
payment shall, without the previous sanction of the Collector, be credited to that person or
relieve him from liability to make the payment to the Collector or his agent or farmer.
    (3) No payment made after the making of the proclamation on account of rent or any
other asset of the holding to any person other than the Collector or his agent or farmer shall
be credited to the person making the payment or relieve him from liability to make the
payment to the Collector or his agent or farmer.

88. Sale of holding.– When an arrear of land-revenue has accrued and the foregoing processes are
not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of the
Board of Revenue may, in addition to, or instead of, all or any of those processes, and subject to the
provisions hereinafter contained, sell the holding in respect of which the arrear is due:
    Provided that land shall not be sold for the recovery of–
    (a) any arrear which has accrued while the land was under the charge of the Court of
        Wards or was so circumstanced that the Court of Wards might under the law for the
        time being in force, have exercised jurisdiction over it; or
    (b) any arrear which has accrued while the land was under attachment under section 85;
        or
    (c) any arrear which has accrued while the land was held under direct management by the
        Collector or in farm by any other person under section 86, after either an annulment of
        assessment or a refusal to be liable therefor.

89. Effect of sale on encumbrances.– (1) Land sold under the provisions of section 88 shall
be sold free of all encumbrances; and all grants and contracts previously made by any person
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)                                                129

other than the purchaser in respect of the land shall become void as against the purchaser at
the sale.
    (2) Nothing in sub-section (1) shall affect–
        (a) any lease at a fair rent, temporary or perpetual for the erection of a dwelling house or
            manual factory or for a mine, garden, tank, canal, place of worship or burial ground,
            so long as the land continues to be used for the purpose specified in the lease; or
        (b) any encumbrance, grant or contract in respect of which the 1[Commissioner] is
            satisfied was entered into in good faith, and is proclaimed as hereinafter provided.

90. Proceedings against other immovable property of defaulter.– (1) If the arrear cannot be
recovered by any of the processes hereinbefore provided the Collector may, where the defaulter
owns any other holding or any other immovable property, proceed under the provisions of this
Act against that property as if it were the land in respect of which the arrear is due:
    Provided that no interests save those of the defaulter alone shall be so proceeded against,
and no encumbrances created, grants made or contracts entered into by him in good faith
shall be rendered invalid by reason only of his interests being proceeded against.
    (2) When the Collector decides to proceed under this section against immovable property
other than the land in respect of which the arrear is due, he shall issue a proclamation
prohibiting the transfer or charging of the property.
    (3) The Collector may at any time, by order in writing, withdraw the proclamation, and it
shall be deemed to be withdrawn when either the arrear has been paid or the interests of the
defaulter in the property have been sold for the recovery of the arrear.
    (4) Any private alienation of the property or of any interest of the defaulter therein, whether
by sale, gift, mortgage or otherwise made after the issue of the proclamation and before the
withdrawal thereof shall be void.
    (5) In proceeding against property under this section, the Collector shall follow, as nearly
as the nature of the property may admit, the procedure prescribed for the enforcement of
process against land on which an arrear of land-revenue is due.

91. Remedies open to person denying his liability for an arrear.– (1) Notwithstanding
anything in section 79, when proceedings are taken under this Act for the recovery of an
arrear, the person against whom the proceedings are taken may, if he denies his liability for
the arrear or any part thereof and pays the same under protest made in writing at the time of
payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of
the amount so paid.
    (2) A suit under sub-section (1) must be instituted in a Court having jurisdiction in the
place where the office of the Collector of the District in which the arrear or some part thereof
accrued is situate.

                                       Procedure in sales
92. Proclamation of sale.– (1) On the receipt of the sanction of the Board of Revenue to the
sale of any immovable property, the Collector shall issue a proclamation of the intended sale,
specifying–
    (a) the date, time and place of the sale;
    (b) the property to be sold, and if it is a holding, the land-revenue assessed thereon or
        payable in respect thereof;

1
    Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
    2011).
130                                                   The Punjab Laws

    (c) if the property is to be sold for the recovery of an arrear due in respect thereof, the
        encumbrances, grants and contracts, if any, served by the orders of the
        1
          [Commissioner] under clause (b) of sub-section (2) of section 89;
    (d) if the property is to be sold otherwise than for the recovery of an arrear due in respect
        thereof, any encumbrance, grant or contract to which the property is known to be
        liable; and
    (e) the amount for the recovery of which the sale is ordered.
    (2) The place of sale specified under clause (a) of sub-section (1), shall be either the
office of the Collector or some other place appointed by the Collector in this behalf and
situate in or near the property to be sold.

93. Indemnity to Revenue Officer with respect to contents of proclamation.– A Revenue
Officer shall not be answerable for any error, mis-statement or omission in any proclamation
under section 92 unless the same has been committed or made dishonestly.

94. Publication of proclamation.– (1) A copy of the proclamation shall be served on the
defaulter and be affixed in a conspicuous part of the office of the Tahsildar of the Tahsil in
which the property to be sold is situated and shall also be posted in the office of the Collector.
    (2) The proclamation shall further be published in the manner prescribed in section 26,
and in such other manner as the Collector thinks expedient.
    (3) A copy of the proclamation may also be posted in the office of the 2[Union Administration]
within the area of which property to be sold is situate.

95. Time and conduct of sale.– (1) The sale shall not take place on a 3[Friday] or other
holiday, or till after the expiration of at least thirty days from the date on which the copy of
the proclamation was posted in the office of the Collector.
    (2) The sale shall be by publication and shall be conducted either by the Collector in
person or by a Revenue Officer specially appointed by him in this behalf.

96. Power to postpone sale.– The Collector may, from time to time, postpone the sale for
reasons to be recorded in writing.

97. Stay of sale.– If at any time before the bidding at an auction is completed, the defaulter or
any other person having interest in the land or in immovable property pays the arrear in respect of
which the property has been proclaimed for sale, together with the costs incurred for the recovery
thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has
already paid the same either at the place and in the manner prescribed under section 76 or into
Government treasury, the sale shall be stayed.

98. Deposit by purchaser in case of sale of immovable property.– When the highest bid at an
auction has been ascertained, the person who made that bid shall, on the requisition of the officer
conducting the sale, pay to that officer a deposit of twenty-five per centum on the amount of his
bid and shall, on payment thereof, be declared to be the purchaser, subject to the exercise of any
right of pre-emption under the law in force for the time being.

1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted for the words by “Union Committee, Town Committee or Union Council” the Punjab Land Revenue (Amendment) Ordinance,
  2001 (LV of 2001).
3
  Substituted by the Punjab Land Revenue (Amendment) Ordinance, 1985 (XVII of 1985).
                               The Punjab Land Revenue Act 1967 (XVII of 1967)                                                 131

99. Consequences of failure to pay deposit.– If the person who made the highest bid fails to
pay the deposit as required by section 98, the property shall forthwith be put to auction again
and sold, and all expenses attending the first sale, and the deficiency of price if any, which
may happen on the re-sale may be recovered from him by the Collector as if the same were
an arrear of land-revenue.

100. Time for payment in full.– The full amount of the purchase money shall be paid by
the purchaser before the close of the thirtieth day from that on which he was declared to be
the purchaser.

101. Procedure in default of payment.– In default of payment of the full amount of the
purchase money within the period mentioned in section 100, the deposit referred to in section
98, shall, after defraying the expenses of the sale, be forfeited to Government and may, if the
Collector, with the previous sanction of the 1[Commissioner] so directs, be applied in
reduction of the arrear, and the property shall be re-sold, and the defaulting purchaser shall
have no claim to the property or to any part of the sum for which it may subsequently be sold.

102. Report of sale to 2[Commissioner].– Every sale of immovable property under this
Chapter shall be reported by the Collector to the 3[Commissioner].

103. Application to set aside sale.– (1) At any time within thirty days from the date of the
sale, application may be made to the 4[Commissioner] to set aside the sale on the ground of
some material irregularity or mistake in publishing or conducting it.
    (2) A sale shall not be set aside on any of the grounds specified in sub-section (1) unless
the applicant proves to the satisfaction of the 5[Commissioner] that he has sustained
substantial injury by reason of the irregularity or mistake.

104. Order confirming or setting aside sale.– (1) After the expiration of thirty days from
the date of the sale, if such application as is mentioned in section 103 has not been made, or if
such application has been made and rejected, the 6[Commissioner] shall make an order
confirming the sale, and if such application has been made and allowed, the 7[Commissioner]
shall make an order setting aside the sale.
    (2) If at any time within thirty days from the date of the sale, the defaulter pays the arrear
in respect of which the property has been sold, together with the costs incurred for the
recovery of such arrear, the 8[Commissioner] shall make an order setting aside the sale.


1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
3
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
4
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
5
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
6
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
7
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
8
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
132                                                   The Punjab Laws

105. Refund or deposit of purchase money when sale set aside.– Whenever the sale of
any property is not confirmed or is set aside, the purchaser shall be entitled to receive back
his deposit or his purchase-money, as the case may be.

106. Proclamation after postponement or on re-sale.– A sale made after a postponement
under section 96, and a re-sale consequent on a purchaser’s defaulter under section 101 or on
the setting aside of a sale under section 104, shall be made after the issue of a fresh
proclamation in the manner provided for in section 94.

107. On confirmation of sale possession and certificate to be granted to purchaser.– (1)
After a sale has been confirmed in the manner aforesaid, the Collector shall put the person
declared to be the purchaser into possession of the property sold, and shall grant him a
certificate to the effect that he has purchased that property.
     (2) The certificate shall state whether or not the property was sold for the recovery of an
arrear due in respect thereof, and if it was so sold, shall set forth the encumbrances, grants
and contracts, if any, specified in the proclamation of the sale as saved by order of the
1
  [Commissioner] under clause (b) of sub-section (2) of section 89.
     (3) The certificate shall be deemed to be a valid transfer of the property but need not be
registered as a conveyance.
     (4) Any suit brought in any Court against the certified purchaser on the ground that the
purchase was made on behalf of a person other than the certified purchaser shall not be
maintainable.
     (5) The certified purchaser of any immovable property shall be entitled to all rents and profits
falling due in respect of the property after the date of the confirmation of the sale and be liable for
all installments of land-revenue and rates and cesses falling due in respect thereof after that date.

108. Sale of movable property and perishable articles.– (1) The provisions of sections
92, 93, 94, 95, 96, 97, 103, 104, 105 and 106 shall apply, so far as they can be made
applicable, to sale of movable property, other than perishable articles, and as if–
       (a) reference to the 2[Commissioner] in sections 103 and 104 were a reference to the
           Collector; and
       (b) in the case of sale of animals, the period of thirty days prescribed in section 95,
           were a period of ten days.
    (2) Perishable articles shall be sold by auction with the least possible delay in accordance
with such order as may from time to time be made by the Collector, either generally or
specially in that behalf, and the sale of such articles shall be finally concluded on the spot by
the officer conducting such sale and shall not require confirmation.

109. Mode of payment for movable property when sale is concluded on the spot.– (1) When
the sale of any perishable article is finally concluded by the officer conducting the same, the price of
every lot shall be paid for at the time of sale, or as soon thereafter as the said officer may fix, and in
default of such payment the property shall forthwith be again put to auction and sold.
    (2) On payment of the purchase-money, the officer conducting the sale shall grant a
receipt for the same and the sale shall become absolute as against all persons whomsoever.


1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)                133

110. Mode of payment for movable property when sale is subject to confirmation.– (1)
In case of sale of movable property, other than perishable articles, the party who is declared
to be the purchaser shall be required to deposit immediately twenty-five per centum on the
amount of his bid, and in default of such deposit the property shall forthwith be again put to
auction and sold.
     (2) The full amount of purchase-money shall be paid by the purchaser before the close of
the seventh day after he is informed of the sale having been confirmed, or, if the said day be a
1
  [Friday] or other holiday, then before the close of the first working day after such day.
     (3) On receipt of the full amount of the purchase-money, the purchaser shall be granted a
receipt for the sale, and the sale shall become absolute as against all persons whomsoever.
111. Proceeds of sale.– (1) When any sale of movable property under this Chapter has become
absolute, or when sale of immovable property has been confirmed, the proceeds of the sale shall
be applied in the first place to the payment of any arrears, including costs incurred for the
recovery thereof, due to Government from the defaulter at the date of the confirmation of the sale,
whether the arrears are of land-revenue or of sums recoverable as arrears of land-revenue, and the
surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold
was owned by more than one person, then to the owners either collectively or according to the
amount of their recorded interests, as the Collector thinks fit.
    (2) The surplus shall not, except under the orders of a Court, be paid to any creditor of the
person whose property has been sold.
    (3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section
(1), the balance remaining due from the defaulter may be recovered from him by further
proceedings under this Chapter or by any other means authorised by law.
112. Claims to attached movable or immovable property how to be disposed of.– (1) If any
claim shall be set up by a third person to movable or immovable property attached under the
provisions of this Chapter, the Collector shall admit or reject his claim on an inquiry as provided in
section 27.
    (2) If the claim be admitted, wholly or partly, the property shall be dealt with accordingly and
except in so far as it is admitted, the property shall be sold and the title of the purchaser shall be
good for all purposes, and the proceeds shall be disposed of in accordance with the provisions of
section 111.

                                                          CHAPTER IX
                    RECOVERY OF OTHER DEMANDS BY REVENUE OFFICERS
113. Recovery of certain arrears through Revenue Officers instead of by suit.– When a
Village Officer required by rules under section 36 to collect any land-revenue or sum
recoverable as an arrear of land-revenue–
       (a) satisfies a Revenue Officer that the revenue or the sum has fallen due and has not
           been paid to him.
       (b) has collected such revenue or sum, but has not credited the same to Government in
           the manner provided in the rules,
the Revenue Officer may, subject to rules which the Board of Revenue may make in this
behalf, recover such revenue or sum, from the person from whom it is due, or the Village
Officer by whom it was collected, as the case may be, as arrears of land-revenue.




1
    Substituted by the Punjab Land Revenue (Amendment) Ordinance, 1985 (XVII of 1985).
134                                                    The Punjab Laws

114. Other sum recoverable as arrears of land-revenue.– In addition to any sums recoverable as
arrears of land-revenue under this Act or any other enactment for the time being in force, the following
sums may be so recovered, namely:-
        (a) fees, fines, costs and other charges, including the Village Officers’ cess payable
             under this Act;
        (b) revenue due to Government on account of pasture or other natural products of land, or
             on account of mills, fisheries or natural products of water, or on account of other rights
             described in section 49 or section 50 in case in which the revenue so due has not been
             included in the assessment of an estate;
        (c) fees payable under the law for the time being in force for the use or benefit derived
             from the construction and repair of embankments, and works for supply, storage and
             control of water for agricultural purposes, and for the preservation and reclamation of
             soil and drainage and reclamation of swamps;
        (d) sums leviable by or under the authority of Government as water-rates, or on
             account of the maintenance or management of canals, embankments or other
             irrigation works, not being sums recoverable as arrears of land-revenue under any
             enactment for the time being in force; 1[* * *]
        (e) sums payable to Government by a person who is surety for the payment of any of
             the foregoing sums or of any other sum recoverable as an arrear of land-revenue 2[;
             and]
      3
       [(f) such further sums as the Government may consider necessary to recover in public
             interest.]

115. Application of Chapter VIII to sums recoverable under this Chapter.– (1) The
provisions of Chapter VIII shall, with respect to any sum mentioned or referred to in this
Chapter, apply, so far as they can be made applicable, as if the sum were an arrear of land-
revenue, and the person from whom, either as principal or as surety, it is due were a defaulter
in respect of such an arrear.
    (2) Unless any such sum is declared by any enactment for the time being in force to be
recoverable as if it were an arrear of land-revenue due in respect of the land charged
therewith, the provisions of section 90 shall apply under sub-section (1) to the recovery
thereof.

4
 [115-A. Charges for recovery of dues, other than Provincial dues, as arrears of land-
revenue.– Where any sum, other than a sum which is to be credited into and to form a part of
the Provincial Consolidated Fund of West Pakistan, is collected as an arrear of land-revenue
under the provisions of this Chapter, a commission at the rate of two per cent of the sum
collected shall be deducted therefrom as recovery charges, and the amount of such
commission shall be credited into the Provincial Consolidated Fund of West Pakistan.]

                                          CHAPTER X
                                  SURVEYS AND BOUNDARIES
116. Revenue survey may be introduced by Board of Revenue in any part of Province.–
(1) It shall be lawful for the Board of Revenue, whenever it may deem expedient, to direct by

1
  The word “and” omitted by the Punjab Land Revenue (Amendment) Ordinance, 2001 (XV of 2001).
2
  Substituted by the Punjab Land Revenue (Amendment) Ordinance, 2001 (XV of 2001), for the “full-stop”.
3
  Added by the Punjab Land Revenue (Amendment) Ordinance, 2001 (XV of 2001).
4
  Added by the West Pakistan Land Revenue (Amendment) Ordinance, 1970 (X of 1970).
                       The Punjab Land Revenue Act 1967 (XVII of 1967)                        135

notification, the survey of any land in any part of the Province with a view to the settlement of
land revenue, the preparation of record-of-rights and preservation thereof, or for any other
similar purpose, and such survey shall be called a revenue survey.
    (2) A revenue survey may extend to the lands of any village, town, or city generally, or to
such land only as may be specified in the notification.
    (3) Subject to the orders of the Board of Revenue, it shall be lawful for the officers
conducting any such survey to except any land to which it may not seem expedient that such
survey should extend.

117. Power of Revenue Officers to define boundaries.– (1) A Revenue Officer may, for
the purpose of framing any record or making any assessment under this Act, or on the
application of any person interested, define the limits of any estate, or of any holding, field or
other portion of an estate, and may, for the purpose of indicating those limits, require
boundary marks to be erected or repaired.
    (2) In defining the limits of any land under sub-section (1), the Revenue Officer may
cause boundary marks to be erected on any boundary already determined by, or by order of,
any Court or Revenue Officer or any Forest Settlement Officer appointed under the Forest
Act, 1927 (Act XVI of 1927), or restore any boundary mark already set up by, or by order of,
any Court or any such officer.

118. Surveys for purpose of preparation of records.– (1) When any land is being
surveyed in pursuance of rules under clause (c) of section 55 or under section 116, any
Revenue Officer directing the survey may, by notice or proclamation, require all persons
having rights or interests in the land to attend personally or through authorized agent, and
indicate, within a specified time, by temporary marks of a kind to be described in the notice
or proclamation, the limits of those rights or interests.
    (2) If a person to whom the notice or proclamation is addressed fails to comply with the
requisition, he shall be liable, at the discretion of the Revenue Officer, to a fine which may
extend to fifty rupees.

119. Assistance to be given by holders and others in the measurement or classification
of lands.– (1) It shall be lawful for the Revenue Officer to call upon all owners of land and
other persons interested therein to assist in the measurement or classification of the lands to
which the survey extends by providing flag-holders and chainmen, and such owners shall be
bound to provide suitable persons to act as flag-holders and chainmen.
    (2) If the owners of land fail to provide suitable persons to act as flag-holders and
chainmen, or do not provide them in sufficient number, and it becomes necessary to employ
hired labour for the object aforesaid, or other similar object incidental to survey operations, it
shall be lawful to assess the cost thereof with all contingent expenses, on the lands surveyed,
for collection as an arrear of land-revenue from such owners.

120. Professional surveys.– (1) If it is found necessary to make a survey by an agency
other than that of Revenue Officers and Village Officers, the Board of Revenue may publish
a notification stating–
       (a) the local area to be surveyed and the nature of the survey;
       (b) the names or official designations of the officers by whom the survey is to be
           made; and
       (c) the kind of boundary marks to be erected by those officers.
136                                                      The Punjab Laws

   (2) From the date of the notification, the officers specified therein, and the person acting
under their orders, shall have, for the purposes of the survey, the powers conferred on
Revenue Officers by section 30.

121. Power of Board of Revenue to make rules for demarcation of boundaries and
erection of boundary marks.– (1) The Board of Revenue may make rules as to the manner
in which the boundaries of all or any of the estates in any local area are to be demarcated and
as to the boundary marks to be erected within those estates.
    (2) Rules under this section may prescribe, among other matters, the form of boundary
marks and the material to be used in their construction.

122. Effect of the settlement of boundary.– (1) The settlement of a boundary under any of
the foregoing provisions of this Chapter shall, subject to the provisions of Chapter XIII, be
determinative–
       (a) of the proper position of the boundary line or boundary marks, and
       (b) of the rights of the land-owners on either side of the boundary fixed in respect of
           the land adjudged to appertain, or not to appertain, to their respective holdings.
    (2) Where a boundary has been so fixed, the Collector may, under rules to be framed in
this behalf by the Board of Revenue with the previous approval of Government, evict any
land-owner who is wrongfully in possession of any land which has been adjudged in the
settlement of a boundary not to appertain to his holding or to the holding of any person
through or under whom he claims.

123. Power to fix boundary between riverain estates.– (1) When any two or more estates are
subject to river action and the limits of any such estates are, by any law, rule of custom or usage,
or order or decree of any Court or other authority, applicable thereto, liable to vary according as
variations may from time to time occur in the course or action of such river, the Board of
Revenue may order a permanent boundary line to be fixed between any such estates or such
portions thereof as are liable to river action.
    (2) Upon an order being made under sub-section (1), the Collector shall fix a boundary
line between such estates or portions of such estates accordingly, and shall demarcate the
same, in accordance with the provisions of section 117, and of the rules, if any, made under
section 121.
    (3) Every such boundary line shall be fixed with due regard to the history of the estates
and the interests of the persons respectively owning them or possessing rights therein, in such
manner as may be just and equitable in the circumstances of each case.
    (4) No such boundary line shall be deemed to have been permanently fixed until it has
been approved by the 1[Commissioner].
    Explanation– In this section, and in sections 124, 125 and 126 “Collector” shall be
deemed to include any Revenue Officer appointed by Government to perform the functions
of Collector under all or any of the provisions thereof.

124. Effect of fixing boundary between riverain estates.– (1) Every boundary line fixed
in accordance with the provisions of section 123 shall, notwithstanding anything to the
contrary in any law, rule of custom or usage, or order or decree of any Court or other
authority, be fixed as constant boundary between the estates affected thereby, and the

1
    Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
    2011).
                        The Punjab Land Revenue Act 1967 (XVII of 1967)                           137

proprietary and all other rights in every holding, field or other portion of an estate situate on
each side of the boundary line so fixed, shall, subject to the other provisions of this section,
vest in the land-owners of the estate which lies on that side of the boundary line on which
such holding, field or other portion of an estate is situate.
     (2) If, by the operation of sub-section (1), the proprietary or any other rights in any land which
at the time a boundary line is fixed is under cultivation, or reasonably fit for cultivation, or yields
any produce of substantial value, be transferred from the land-owners and other right-holders of any
one estate, to the land-owners of any other estate, the Collector shall, by written order, direct that
the rights in such land shall not, subject to the provisions of sections 125, 126 and 127, be so
transferred unless and until the land in respect of which any such order is made ceases to be
reasonably fit for cultivation, or to yield any produce of substantial value, and upon any such order
being made, the transfer of the rights in such land shall be suspended accordingly.
     (3) When any portion of the land specified in any order made under sub-section (2),
ceases to be reasonably fit for cultivation or to yield any produce of substantial value, the
order shall, when the Collector, in writing, so directs, cease to operate as to that portion.
     (4) The decision of the Collector as to whether, for the purposes of sub-section (2), any
land is or is not reasonably fit for cultivation or does or does not yield any produce of
substantial value, shall be final.

125. Application for immediate transfer of rights.– When any order has been made under
sub-section (2) of section 124, the land-owners, or any of them in whom, but for such order,
the rights in the land specified therein would vest, may apply in writing to the Collector to
forthwith transfer the rights the transfer of which has been suspended by such order, upon
payment of compensation for the same.

126. Award of compensation and extinguishment of rights thereby.– (1) When an
application under section 25 is made, the Collector shall–
        (a) fix a day for the hearing of the application;
        (b) cause notice of the application, and of the day fixed for the hearing thereof, to be
            served on or proclaimed for the information of, all persons recorded as having rights
            in the land specified in the order made under sub-section (2) of section 124, and all
            other persons interested or claiming to be interested therein;
        (c) upon the day so fixed for hearing, or any day to which the hearing may be
            adjourned, inquire into the rights in the land and award compensation in respect of
            all rights found established therein to the persons severally entitled thereto;
        (d) inform the applicant of the aggregate amount of compensation so awarded and
            require him to deposit the amount with the Collector on or before a day to be fixed
            by him in that behalf:
    Provided that, notwithstanding anything contained in this sub-section, it shall be lawful for
the Collector, in his discretion and at any time before an award of compensation thereon has
been made, to reject such application.
    (2) In awarding compensation under sub-section (1), the Collector shall be guided by the
provisions of section 23 and section 24 of the Land Acquisition Act, 1894 (Act I of 1894), so
far as the same may be applicable to the circumstances of the case.
    (3) On the fifteenth day of May next after the whole amount of compensation so awarded
has been deposited with the Collector, the order made under sub-section (2) of section 124
shall cease to operate, and the rights specified therein shall be transferred and vest in the
138                                      The Punjab Laws

manner provided for in sub-section (1) of that section, and the Collector shall proceed to
tender the compensation to the persons severally entitled to receive the same under his award.
    (4) If any such person as aforesaid refuses to accept the sum so awarded and tendered to
him, it shall be placed to his credit in Government treasury.
    (5) When any order made under sub-section (2) of section 124 ceases, under the
provisions of sub-section (3) of the said section, to operate, all rights reserved to any person
by such order shall be extinguished.
127. Voluntary transfers not affected.– Notwithstanding the provisions of sections 124,
125 and 126, when any person possessing any rights in any land, in regard to the rights in
which an order has been made under sub-section (2) of section 124, voluntarily transfers such
rights to any land-owners of the estate, in the land-owners of which but for such order such
rights would vest under the operation of sub-section (1) of that section, the rights so
transferred shall forthwith cease to be subject to such order and vest in the land-owners to
whom they have been so transferred.
128. Rights transferred to be liable to all the incidents of tenure of the estate of which the
transfer is made.– In every case in which, under the provisions of section 124, or sections 125
and 126, or section 127, proprietary or other rights in land are transferred from the land-owners,
and other right-holders of any one estate to the land-owners of any other estate, such rights shall
be subject to all the incidents of tenure and liabilities which, under any law or custom for the time
being in force, apply to the rights of the land-owners of the estate to which such rights are so
transferred.
129. Cost of erection and repair of boundary and survey marks.– (1) Subject to any rules
which the Board of Revenue may, with the previous approval of Government, make in this
behalf, boundary and survey marks shall be erected and kept in repair by or at the cost of the
persons interested in the land for the indication of the limits of which they are required:
    Provided that Government may in any case direct that the cost of erection shall be borne
by Government or be paid out of the proceeds of the Village Officers’ cess.
    (2) It shall be the duty of the Village Officers to prevent the destruction or unauthorised
alteration of the village boundary and survey marks.

130. Recovery of cost incurred by Government.– (1) If the persons interested in the land
fail to erect or repair a boundary or survey mark within thirty days from the date of their being
required by a Revenue Officer to do so, the Revenue Officer may cause it to be erected or
repaired.
     (2) Where the Revenue Officer causes a boundary or survey mark to be erected or
repaired he shall, subject to any rules or direction under section 129, apportion the cost
among the persons interested in the land in such manner as he deems just, and certify, the
same to the Collector.
     (3) The Collector may recover the cost from such persons as if it were an arrear of land
revenue.

131. Responsibility for the maintenance of boundary and survey marks.– Every land-
owner shall be responsible for the maintenance and good repair of the boundary and survey
marks of his holding, and for any charges reasonably incurred on account of the same by the
Revenue Officers in cases of alteration, removal or disrepair.
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)              139

132. Report of destruction or removal of or injury to boundary or survey marks.–
Every Village Officer of an estate shall be bound to furnish a Revenue Officer with
information respecting the destruction or removal of, or any injury done to, any boundary or
survey mark lawfully erected in the estate.

133. Land measurement or survey to be based on a square system or rectangulation.–
(1) Save as may specifically be otherwise provided for in the rules made in this behalf by the
Board of Revenue, with the previous approval of Government, land measurement or survey
shall be based on square system or rectangulation, and no survey or khasra number shall be
made less than one acre in area.
    (2) The rules made under sub-section (1) may also lay down conditions for and restrictions
upon sub-division of surveys or khasra numbers.

134. Penalty.– (1) If any person wilfully destroys or injures or without lawful authority
removes a boundary or survey mark lawfully erected, he may be ordered by a Revenue
Officer to pay such fine not exceeding 1[five hundred] rupees for each mark so destroyed,
injured or removed as may, in the opinion of the Revenue Officer, be necessary to defray the
expenses of restoring the same and of rewarding the person, if any, who gave information of
the destruction, injury or removal.
    (2) The imposition of a fine under this section shall not bar a prosecution under section 434
of the Pakistan Penal Code (Act XLV of 1860).

                                           CHAPTER XI
                                            PARTITION
135. Application for partition.– Any joint owner of land may apply to a Revenue Officer
for partition of his share in the land if–
       (a) at the date of the application the share is recorded under Chapter VI as belonging to
            him; or
       (b) his right to the share has been established by a decree which is still subsisting at the
            date; or
       (c) a written acknowledgment of that right has been executed by all persons interested
            in the admission or denial thereof.

2
 [135-A. Partition in case of inheritance.– (1) Notwithstanding anything contained in
section 135, immediately after the inheritance mutation has been sanctioned and without any
application, the Revenue Officer shall serve notice on all joint land-owners of the holding to
submit, within thirty days, a scheme of private partition agreed to by all the joint land-
owners.
    (2) If the scheme of private partition under subsection (1) is submitted, the Revenue
Officer shall affirm the scheme in accordance with the provisions of section 147.
    (3) Notwithstanding anything contained in this Act, a scheme for private partition
between all the joint land-owners may include site of a town or village.
    (4) If the scheme under subsection (1) is not filed within the stipulated time, the Revenue
Officer shall immediately commence proceedings for the partition of the joint holding.]



1
    Substituted by the Punjab Land Revenue (Amendment) Act, 1997 (V of 1997).
2
    New section inserted by the Punjab Land Revenue (Amendment) Act 2012 (II of 2013) .
140                                                            The Punjab Laws

136. Restrictions and limitations on partition.– Notwithstanding the provisions of
1
  [sections 135 and 135-A]–
        (a) places of worship and burial grounds held in common before partition shall
            continue to be so held after partition; and
        (b) partition of any of the following properties, namely:-
              (i) any embankment, water-course, well or tank and any land on which the supply of
                  water to any such work may depend;
             (ii) any grazing ground; and
            (iii) any land which is occupied as the site of a town or village, may be refused if, in
                  the opinion of the Revenue Officer, the partition of such property is likely to
                  cause inconvenience to the co-sharers or other persons directly or indirectly
                  interested therein, or to diminish the utility thereof to those persons.
137. Notice of application for partition.– The Revenue Officer, on receiving the
application under section 135 shall, if it is in order, 2[* * *] and not open to objection on the
face of it, fix a day for the hearing thereof, and–
       (a) cause notice of the application and of the day so fixed to be served on such of the
            recorded co-sharers as have not joined in the application; and
       (b) If he thinks fit, cause the notice to be served on or proclaimed for the information
            of any other persons whom he may deem to be directly or indirectly interested in
            the application.
138. Addition of parties to application.– On the day fixed under section 137 for the
hearing of the application, or on any other day to which the hearing may be adjourned, the
Revenue Officer shall ascertain whether any of the other co-shares desire the partition of their
shares also, and if any of them so desires, he shall add him as an applicant for partition.
139.      3
           [*        *        *       *        *       *        *       *        *       *        *       *]
140. Procedure on admission of application.– 4[The Revenue Officer shall ascertain the
questions, if any, in dispute between any of the persons interested in the partition of the
holding], distinguishing between–
       (a) questions as to title in the property of which partition is sought; and
       (b) questions as to the property to be divided or the mode of making the partition.
5
 [141. Question of title of holding.– If a question of title in the holding is raised in the
partition proceedings, the Revenue Officer shall inquire into the substance of such question
and decide the matter after hearing the parties.]

1
  Substituted by the Punjab Land Revenue (Amendment) Act 2012 (II of 2013), for the word and figures “section 135”.
2
  The commas, words, figures and brackets “, and not against the provisions of the West Pakistan Land Reforms Regulation, 1959 (Martial Law Regulation No.
  64),” omitted by the Punjab Land Revenue (Amendment) Act 2012 (II of 2013).
3
  Section 139 “Disallowance of partition” omitted by the Punjab Land Revenue (Amendment) Act 2012 (II of 2013).
4
  Substituted by the Punjab Land Revenue (Amendment) Act 2012 (II of 2013) for the words “If the Revenue Officer does not reject the application
  under section 139, he shall ascertain the questions, if any, in dispute between any of the persons interested”.
5
  Substituted by the Punjab Land Revenue (Amendment) Act 2015 (IX of 2015) for the following:
       141. Disposal of questions as to title in the property to be divided.– (1) If a question of title in the holding is raised in the partition
       proceedings, the Revenue Officer shall inquire into the substance of such question.
       (2) If as a result of the inquiry, the Revenue Officer is of the opinion that the question of title raised in a partition proceedings–
             (a) is well founded, he may, for reasons to be recorded, require a party specified by him to file a suit in the competent
                    court, within such period not exceeding thirty days from the date of his order, for obtaining a decision regarding the
                    question; or
             (b) is not well founded, he shall proceed with the partition of the holding.
       (3) In case the suit is filed under subsection (2), the Revenue Officer shall suspend further action on the partition proceedings till the
       decision of the suit and submission before him the order or decree of the Court.
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)                                                           141


142. Disposal of other questions.– (1) When there is a question as to the property to be
divided, or the mode of making a partition, the Revenue Officer shall, after such inquiry as he
deems necessary, record an order stating his decision on the question and his reasons for the
decision.
     (2) An appeal may be preferred from an order under sub-section (1) within thirty days from
the date thereof, and, when such an appeal is preferred and the institution thereof has been
certified to the Revenue Officer by the authority to whom the appeal has been preferred, the
Revenue Officer shall stay further proceedings pending the disposal of the appeal.
     (3) If an applicant for partition is dissatisfied with an original or appellate order under this section,
and applies for permission to withdraw from the proceedings in so far as they relate to the partition of
his share, he shall be permitted to withdraw therefrom on such terms as the Revenue Officer thinks fit.
     (4) When an applicant withdraws under the provisions of sub-section (3), the Revenue
Officer may, where the other applicants, if any, desire the continuance of the proceedings,
continue them in so far as they relate to the partition of the shares of those other applicants.
1
 [142-A. Time limit for decision of partition cases.– (1) The Revenue Officer shall decide the
case of partition within a period of one hundred and eighty days from the date of application for
partition or from the date of sanctioning of the mutation of inheritance:
    (2) If the Revenue Officer, for reasons beyond his control, is unable to decide the case of
partition within the time stipulated in subsection (1), he shall submit the case, with reasons, to
the District Collector, fifteen days prior the expiry of that period, for extension of the period.
    (3) The District Collector may, in an exceptional case and for reasons to be recorded, grant
one time extension of time for decision of a partition case for a period not exceeding sixty days
subject to such conditions as he deems appropriate to impose for expeditious disposal of the case.
    (4) In case the Revenue Officer is required to decide the question of title in the partition
proceedings under subsection (5) of section 141, an additional period of one hundred and
eighty days shall be deemed to have been added to the period mentioned in subsection (1).
    (5) If the Revenue Officer fails to decide a partition case within the period specified in
this section or contravenes any condition imposed by the District Collector, he shall be liable
to disciplinary action in accordance with law.]
143. Administration of property excluded from partition.– When any such property as is
referred to in clause (b) of section 136 is excluded from partition, the Revenue Officer may
determine the extent to and the manner in which the co-shares and other persons interested
therein may make use thereof, and the proportion in which expenditure incurred thereon and

      (4) In case the suit is not filed within the specified period, the Revenue Officer shall proceed to decide the question of title and on that
      basis, the partition of the holding.
      (5) Where the Revenue Officer himself proceeds to determine the question, the following rules shall apply, namely:-
             (a) If the question is one over which a Revenue Court has jurisdiction, the Revenue Officer shall proceed as a Revenue
                   Court under the law for the time being in force.
             (b) If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenue Officer shall be that
                   applicable to the trial of an original suit by a Civil Court, and he shall record a judgement and a decree containing the
                   particulars required by the Code of Civil Procedure 1908 (Act V of 1908), to be specified therein.
             (c) An appeal shall lie from the decree of the Revenue Officer under clause (b) as though that decree were a decree of a
                   Civil Judge in an original suit.
             (d) Upon such an appeal being made, the District Court or the High Court, as the case may be, may issue an injunction to
                   the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal.
             (e) From the appellate decree of a District Court upon such an appeal, a further appeal shall lie to the High Court, if such
                   further appeal is allowed by the law for the time being in force.”
1
  New section inserted by the Punjab Land Revenue (Amendment) Act 2012 (II of 2013). As per section 9 of the Punjab Land Revenue
  (Amendment) Act 2012 (II of 2013), the Revenue Officer shall decide the case of partition of holding pending adjudication with him at the
  time of commencement of Act II of 2013, i.e. 5th January 2013, within one hundred and eighty days reckoned from the date of
  commencement of the Act. All other provisions of section 142-A of the Land Revenue Act 1967 (XVII of 1967) shall, as far as possible,
  apply to the pending cases of partition mentioned hereinbefore.
142                                     The Punjab Laws

profit derived therefrom are, respectively, to be borne by and divided among those persons or
any of them.
144. Distribution of revenue and rent after partition.– (1) The amount of revenue to be
paid in respect of each of the holdings into which land has been divided on a partition shall be
determined by the Revenue Officer making the partition.
    (2) The decision of the Revenue Officer under sub-section (1) as to the revenue to be paid
in respect of each holding shall, where the estate in which the holding is situate is subject to a
fixed assessment, be deemed to be an order under sub-section (1) of section 67.
    (3) Where new estates have been created at a partition and the land-revenue has been
fraudulently or erroneously distributed among them, the Board of Revenue may, within
twelve years from the time of discovery of the fraud or error, order a new distribution of the
land revenue among the several estates, on an estimate of the assets of each estate at the time
of the partition to be made conformably to the best evidence and information procurable
respecting the same.
145. Instrument of partition.– When a partition is completed, the Revenue Officer shall
cause an instrument of partition to be prepared and the date on which the partition is to take
effect to be recorded therein.

146. Delivery of possession of property allotted on partition.– An owner to whom any
land is allotted in proceedings for partition shall be entitled to possession thereof as against
the other parties to the proceedings and their legal representatives, and a Revenue Officer
shall, on application made to him for the purpose by any such owner at any time within three
years from the date recorded in the instrument of partition under section 145, give effect to
that instrument so far as it concerns the applicant as if it were a decree for immovable
property.

147. Affirmation of partition privately effected.– (1) In any case in which a partition has
been made without the intervention of a Revenue Officer, any party thereto may apply to a
Revenue Officer for an order affirming the partition.
    (2) On receiving the application, the Revenue Officer shall enquire into the case, and if he
finds that the partition has in fact been made, he may make an order affirming it and proceed
under sections 143, 144, 145 and 146, or any of those sections, as circumstances may require, in
the same manner as if the partition had been made on an application to himself under this
Chapter.

148. Power to make rules as to cost of partition.– The Board of Revenue may, with the
previous approval of Government, make rules for determining the costs of partitions under
this Chapter and the mode in which such costs are to be apportioned.
149. Re-distribution of land according to custom.– When by established custom, any land in
an estate is subject to periodical re-distribution, a Revenue Officer may, on the application of any
of the land-owners, enforce the re-distribution according to the custom, and for this purpose may
exercise all or any of the powers of a Revenue Officer in proceedings for partition.
150. Officers who may be empowered to act under this Chapter.– The Revenue Officer by
whom proceedings may be taken under this Chapter shall be a Revenue Officer not below an
Assistant Collector of the First Grade.
                      The Punjab Land Revenue Act 1967 (XVII of 1967)                       143

                                           CHAPTER XII
                                           ARBITRATION
151. Power to refer to arbitration.– (1) Any Revenue Officer may, with the consent of the
parties, refer to arbitration any dispute arising before him in any matter under this Act.
    (2) A Collector, or any Assistant Collector of the First Grade may, without the consent of
the parties, refer to arbitration any dispute before him with respect to–
        (a) any matter of which an entry is to be made in any record or register under Chapter
             VI;
        (b) any matter relating to the distribution of an assessment under section 67;
        (c) the limits of any estate or of any holding, field, or other portion of an estate; or
        (d) the property to be divided at a partition or the mode of making partition.

152. Order of reference and contents thereof.– (1) In referring a dispute to arbitration, a
Revenue Officer shall make an order of reference and specify therein the precise matter
submitted to arbitration, the number of arbitrators which each party to the dispute is to
nominate, period within which arbitrators are to be nominated, and the period within which
the award is to be delivered.
    (2) The number of arbitrators which each party may nominate must be the same and must
not exceed two.
    (3) If from any cause arbitrators are not nominated or an award is not delivered within the
period fixed for in the order of reference, the Revenue Officer, may, from time to time,
extend that period, or may cancel the order of reference.

153. Nomination of arbitrators.– (1) When an order of reference has been made each
party may nominate the number of arbitrators specified in the order, and the Revenue Officer
shall nominate one other arbitrator.
    (2) The Revenue Officer may, for reasons to be recorded by him, make an order
disallowing any nomination made by either party and requiring the party to make another
nomination within a time to be specified in the order.
    (3) An order under sub-section (2) shall be final.

154. Substitution of arbitrators by parties.– If an arbitrator nominated by a party dies,
desires to be discharged, or refuses or becomes incapable to act, the party may nominate
another person in his stead.

155. Nomination and substitution of arbitrators by Revenue Officers.– In any of the
following cases, namely:-
      (a) if either of the parties fails to nominate an arbitrator under sub-section (1) of
          section 153 within the period fixed in the order of reference; or
      (b) if the nomination of an arbitrator has been disallowed under sub-section (2) of
          section 153 and another arbitrator is not nominated within the time specified in the
          order under that sub-section, or having been so nominated, his nomination is also
          disallowed; or
      (c) if a party entitled to nominate an arbitrator in place of another arbitrator under
          section 154 fails to nominate him within one week from the date of the
          communication to him of a notice requiring him to make the nomination; or
      (d) if an arbitrator nominated by the Revenue Officer dies, desires to be discharged, or
          refuses or becomes incapable to act,
the Revenue Officer may nominate a person as arbitrator.
144                                                   The Punjab Laws


156. Process for appearance before arbitrators.– (1) The Revenue Officer shall, on the
application of the arbitrators, issue the same processes to the parties and witnesses whom the
arbitrators desire to examine as he may issue in any proceedings under this Act before
himself.
    (2) Any such party or witness shall be bound to appear before the arbitrators in obedience
to a process issued under sub-section (1), either in person or by agent, as the arbitrators may
require.
    (3) The person attending in obedience to the process shall be bound to state the truth upon
any matter respecting which he is examined or makes statements, and to produce such
documents and other things relating to any such matter as may be specified in the process.

157. Award of arbitrators and presentation thereof.– (1) The arbitrators shall make an
award in writing under their hands concerning the matters referred to them for arbitration,
and state therein their reasons therefor, and any arbitrator dissenting from the award made by
a majority of the arbitrators shall state the grounds of his dissent.
    (2) The arbitrators shall present the award to the Revenue Officer in person or by agent,
or send the same to him by registered post.

158. Procedure on presentation of award.– (1) When the award has been received, the
Revenue Officer shall fix a date for the consideration of the award.
    (2) On the date fixed under sub-section (1) or on any subsequent date to which an
adjournment may be made, the Revenue Officer shall hear any objections which the parties
may have to make to the award.

159. Effect of award.– (1) The Revenue Officer may accept, modify or reject the award,
recording his reasons for doing so in his decision respecting the dispute which was referred to
arbitration.
    (2) An appeal shall lie from the decision of the Revenue Officer made under sub-section
(1) as if arbitrators had not been appointed.

160. Arbitration Act not to apply to arbitration under this Chapter.– Nothing in the
Arbitration Act, 1940 (Act X of 1940), shall apply to any arbitration under this Chapter.

                                          CHAPTER XIII
                               APPEAL, REVIEW AND REVISION
161. Appeals.– (1) Save as otherwise provided by this Act, an appeal shall lie from an original or
appellate order of a Revenue Officer as follows, namely:-
       (a) to the Collector, when the order is made by an Assistant Collector, of either grade;
       (b) to the 1[Commissioner], when the order is made by a Collector;
       (c) to the Board of Revenue only on a point of law, when the order is made by 2[a
           Commissioner];
   Provided that–
    (i) when an original order is confirmed on first appeal, a further appeal shall not lie;
   (ii) when any such order is modified or reversed on appeal by the Collector, the order made
        by the 3[Commissioner] on further appeal, if any, to him shall be final.
1
  Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V of
  2011).
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “an Executive District Officer
  (Revenue)”.
                               The Punjab Land Revenue Act 1967 (XVII of 1967)                                                 145

    Explanation– (1) An order passed in review, modifying or reversing a previous order,
shall be deemed to be an original order for the purposes of this section.
    (2) An order shall not be confirmed, modified or reversed in appeal unless reasonable
notice has been given to the parties affected thereby to appear and be heard in support of or
against the order appealed from.
162. Limitation for appeals.– Save as otherwise provided by this Act, the period of
limitation for an appeal under section 161 shall run from the date of the order appealed
against and shall be–
       (a) thirty days, where the appeal lies to the Collector;
       (b) sixty days, where the appeal lies to the 1[Commissioner];
       (c) ninety days, where the appeal lies to the Board of Revenue.
163. Review.– (1) 2[A Commissioner], Collector or an Assistant Collector, may, at any
time, on his own motion, review any order passed by himself or any of his predecessors-in-
office, and on so reviewing modify, reverse or confirm the same.
    (2) Any person considering himself aggrieved by an order passed by 3[a Commissioner],
Collector or an Assistant Collector, and who, from the discovery of new and important matter
or evidence which, after the exercise of due diligence was not within his knowledge or could
not be produced by him at the time when the order was passed or on account of some mistake
or error apparent on the face of the record or for any other sufficient reason, desires to obtain
a review of the order passed against him, may apply for a review of the order to 4[the
Commissioner], Collector or Assistant Collector, as the case may be, and such officer may
modify, reverse or confirm any order passed by himself or by any of his predecessors-in-
office:
    Provided that–
    (a) an order passed by his predecessor-in-office shall not be reviewed under sub-section
        (1) or sub-section (2) by the–
         (i) 5[Commissioner], without first obtaining the sanction of the Board of Revenue;
        (ii) Collector, without first obtaining the sanction of the 6[Commissioner], and no
             order shall be reviewed by any other Revenue Officer, without first obtaining the
             sanction of the Revenue Officer to whose control he is immediately subject;
    (b) an application for review of an order shall not be entertained unless it is made within
        ninety days from the passing of the order, or unless the applicant satisfies the Revenue
        Officer that he had sufficient cause for not making the application within that period;
    (c) an order shall not be modified or reversed unless reasonable notice has been given to
        the parties affected thereby to appear and be heard in support of the order;
    (d) an order against which an appeal has been preferred shall not be reviewed.


3
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “Executive District Officer
  (Revenue)”.
1
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “Executive District Officer
  (Revenue)”.
2
  Substituted for the words and brackets “An Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V
  of 2011).
3
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “an Executive District Officer
  (Revenue)”.
4
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “the Executive District Officer
  (Revenue)”.
5
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “Executive District Officer
  (Revenue)”.
6
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “Executive District Officer
  (Revenue)”.
146                                                   The Punjab Laws

    (3) For the purposes of this section, the Collector shall be deemed to be successor-in-
office of any Revenue Officer of a lower class who has left the district or has ceased to
exercise powers as a Revenue Officer, and to whom there is no successor-in-office.
    (4) An appeal shall not lie from an order refusing to review or confirming on review a
previous order.

164. Revision.– (1) The Board of Revenue, may, at any time, on its own motion, or on an
application made to it within ninety days of the passing of any order, call for the record of
any case pending before, or disposed of by, any Revenue Officer, subordinate to it.
    (2) 1[A Commissioner] or Collector may, at any time, of his own motion or on an
application made to him within ninety days of the passing of any order, call for the record of
any case pending before, or disposed of by, any Revenue Officer under his control.
    (3) If in any case in which a Collector has called for a record he is of opinion that
proceedings taken or order made should be modified or reversed, he shall report the case with
his opinion thereon for the orders of the 2[Commissioner].
    (4) The Board of Revenue may, in any case called for under sub-section (1) and 3[a
Commissioner] may in any case called for under sub-section (2) or reported to him under
sub-section (3) pass such orders as it or he thinks fit:
    Provided that no order shall be passed under this section reversing or modifying any
proceedings or order of a subordinate Revenue Officer affecting any person without giving such
person an opportunity of being heard.

165. Stay of proceedings and execution of orders and decrees.– (1) An appeal or revision
shall not operate as stay of proceedings under the order or decree appealed from or under
revision, except so far as the appellate or revisional authority may order, nor shall execution
of any order or decree be stayed by reason only of an appeal or application for revision
having been made, but the appellate or revisional authority may, for sufficient cause, order
stay of execution of any such order or decree.
    (2) No order for stay of execution shall be made under sub-section (1), unless the
authority making it is satisfied that–
        (a) substantial loss may result to the party applying for stay of execution unless the
            order is made;
        (b) the application has been made without unreasonable delay; and
        (c) where necessary, security has been given by the applicant for the due performance
            of such order or decree as may ultimately be binding upon him.

166. Clerical mistakes, etc.– Clerical or arithmetical mistakes in any decree or order made
by any Revenue Officer, or errors therein from any accidental slip or omission may, at any
time, be corrected by such officer.
   Explanation– In this section, “Officer” includes the successor-in-office of the officer.

167. Computation of period limited under this Chapter.– In the computation of the period
for an appeal from or an application for the review or revision of, an order under this Act, the


1
  Substituted for the words and brackets “An Executive District Officer (Revenue)” by the Punjab Land Revenue (Amendment) Act 2011 (V
  of 2011).
2
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “Executive District Officer
  (Revenue)”, for the words and brackets “Executive District Officer (Revenue)”.
3
  Substituted by the Punjab Land Revenue (Amendment) Act 2011 (V of 2011) for the words and brackets “Executive District Officer
  (Revenue)”, for the words and brackets “an Executive District Officer (Revenue)”.
                        The Punjab Land Revenue Act 1967 (XVII of 1967)                         147

limitation therefor shall be governed by the provisions of the limitation Act, 1908 (Act IX of
1908).

                                          CHAPTER XIV
                                   SUPPLEMENTAL PROVISIONS
                                        Revenue Deposits
168. Power to deposit certain sums other than rent.– (1) In either of the following cases,
namely:-
       (a) when a headman or other land-owner to whom any sum other than rent is payable
           on account of liability under this Act, refuses to receive the sum from, or to grant a
           receipt therefor to, the person by whom it is payable; or
       (b) when the person by whom any such sum is payable is in doubt as to the headman
           or other land-owner entitled to receive it,
that person may apply to a Revenue Officer for leave to deposit the sum in his office, and the
Revenue Officer shall receive the deposit if, after examining the applicant, he is satisfied that
there is sufficient ground for the application, and if the applicant pays the fee, if any, which
may be chargeable on any notice to be issued of the receipt thereof.
    (2) When a deposit has been so received, the liability of the depositor to the headman or other
land-owner, for the amount thereof shall be discharged.

169. Procedure in case of deposits.– (1) If the deposit purports to be made on account of
any payment due to Government, it may be credited accordingly.
    (2) A Revenue Officer receiving a deposit purporting to be made on any other account
shall give notice of the receipt thereof to every person who, he has reason to believe, claims
or is entitled to the deposit, and may pay the amount thereof to any person appearing to him
to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision of a
Civil Court as to the person so entitled.
    (3) No suit or other proceedings shall be instituted against Government or the Board of
Revenue, or against any servant of the State, in respect of any thing done in good faith by a
Revenue Officer under this section, but nothing herein shall prevent any person entitled to
receive the amount of any such deposit from recovering it from a person to whom it has been
paid by Revenue Officer.

                              Orders of Civil and Criminal Courts
170. Orders of Civil and Criminal Courts for execution of processes against land, etc.–
Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land,
or for the attachment or sale of the produce of any land, shall be addressed to the Collector or
such Revenue Officer as the Collector may appoint in this behalf, and be executed by the
Collector or that officer in accordance with the provisions of the law applicable to the Court
issuing the orders, and with any rules not inconsistent therewith made by the Board of
Revenue with the concurrence of the High Court and the previous approval of Government.

171. Preservation of attached produce.– (1) The attachment of the produce of any land in
pursuance of an order of any Court or other authority shall not prevent the person to whom the
produce belongs from reaping, gathering or storing it or doing any other act necessary for its
preservation.
    (2) The attaching officer shall do or cause to be done all acts necessary for the preservation of
the produce if the person to whom it belongs fails to do so.
148                                       The Punjab Laws

   (3) When sale of produce follows on its attachment, the purchaser shall be entitled, by
himself or by any person appointed by him in this behalf, to enter upon the place where the
produce is, and do all that is necessary for the purpose of preserving and removing it.

                               Exclusion of jurisdiction of Civil Courts
172. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of
Revenue Officers.– (1) Except as otherwise provided by this Act, no Civil Court shall have
jurisdiction in any matter which Government, the Board of Revenue, or any Revenue Officer, is
empowered by this Act to dispose of, or take cognizance of the manner in which Government,
the Board of Revenue, or any Revenue Officer exercises any powers vested in it or him by or
under this Act.
    (2) Without prejudice to the generality of the provisions of sub-section (1), a Civil Court
shall not exercise jurisdiction over any of the following matters, namely:-
              (i) any question as to the limits of any land which has been defined by a Revenue
                  Officer as land to which this Act does or does not apply;
             (ii) any claim to compel the discharge of any duties imposed by this Act or any
                  other enactment for the time being in force of any Revenue Officer as such;
            (iii) any claim to the office of a Village Officer, or in respect of any injury caused by
                  exclusion from such office, or to compel the discharge of the duties or a division of
                  the emoluments thereof;
            (iv) any notification directing the making or revision of a record-of-rights;
             (v) the framing of a record-of-rights or periodical record, or the preparation,
                  signing or attestation of any of the documents included in such a record;
            (vi) the correction of any entry in a record-of-rights, periodical record or register of
                  mutations;
           (vii) any notification of the undertaking of the general re-assessment of a District or
                  Tahsil having been sanctioned by Government;
          (viii) any objection to the amount or rate of any assessment of land revenue or the
                  period thereof authorised by Government;
            (ix) the claim of any person to be liable for an assessment of land revenue or of any
                  other revenue as assessed under this Act;
             (x) the amount of land revenue to be assessed on any estate or to be paid in respect
                  of any holding under this Act;
            (xi) the amount of, or the liability of any person to pay, any other revenue to be
                  assessed under this Act, or any cess, charge or rate to be assessed on an estate
                  or holding under this Act or any other enactment for the time being in force;
           (xii) any claim relating to the allowance to be received by a land-owner who has
                  given notice of his refusal to be liable for an assessment, or any claim
                  connected with, or arising out of, any proceedings taken in consequence of the
                  refusal of any person to be liable for an assessment under this Act;
         (xiii) the formation of an estate or determination of its boundaries;
          (xiv) any claim to hold free of revenue any land, mills, fisheries or natural products
                  of land or water;
           (xv) any claim connected with, or arising out of the collection by Government, or
                  the enforcement by Government of any process for the recovery of, land-
                  revenue or any sum recoverable as an arrear of land-revenue;
          (xvi) any claim to set aside, on any ground other than fraud, a sale for the recovery of
                  an arrear of land revenue or any sum recoverable as an arrear of land revenue;
                                   The Punjab Land Revenue Act 1967 (XVII of 1967)                       149

              (xvii) the amount of, or the liability of any person to pay, any cess, fees, fines, costs
                     or other charge imposed under this Act;
             (xviii) any claim for partition of an estate or holding, or any question connected with
                     or arising out of, proceedings for partition, not being a question as to title in
                     any of the property of which partition is sought;
               (xix) any question as to the allotment of land on the partition of an estate or holding,
                     or as to the distribution of land subject by established custom to periodical re-
                     distribution or as to the distribution of land-revenue on the partition of an estate
                     or holding or on a periodical re-distribution of land;
                (xx) any question connected with or arising out of or relating to any proceedings for the
                     determination of boundaries of estates subject to river action under the provision of
                     this Act;
               (xxi) any claim regarding boundaries fixed under any of the enactments hereby repealed
                     or any other law for the time being in force, or to set aside any order passed by a
                     competent officer under any such law with regard to boundary marks.

173. Powers to invest officers making records-of-rights or general re-assessments with
powers of Civil Courts.– (1) The Board of Revenue may, by notification, invest any
Revenue Officer making or specially revising record-of-rights in any local area in pursuance
of a notification under section 40, or making a general re-assessment of land revenue in any
local area in pursuance of a notification under section 59, or any Revenue Officer in a Colony
as defined in the Colonization of Government Lands (Punjab) Act, 1912 (Punjab Act V of
1912), or any Revenue Officer to whose control that officer is subject with all or any of the
powers of any Court, constituted under the 1[Punjab] Civil Courts Ordinance, 1962 (West
Pakistan Ordinance II of 1962), for the purpose of trying all or any specified classes of suits
or appeals relating to land arising in the local area.
    (2) The Board of Revenue may cancel an order notified under sub-section (1) wholly or
in part.
    (3) While an order or any part of an order under sub-section (1) continues in force, the
powers conferred thereby shall be exercised by the officer invested therewith and not
otherwise.
    (4) Any case pending before an officer under the order or subsisting part of the order at
the time of cancellation thereof may be disposed of by him as if the order or that part of it
continued in force, unless the Board of Revenue directs, as it is hereby empowered to do, that
those cases shall be transferred for disposal to the Courts by which they would have been
disposed of if the order had not been notified.

174. Control over such officers and appeals from and revision of their decrees and
orders.– (1) The Board of Revenue may by notification direct that the provisions of this Act
with respect to the superintendence and control over Revenue Officers shall apply to any
Revenue Officer who has been invested with the powers of a Civil Court of any of the classes
specified in the 2[Punjab] Civil Courts Ordinance, 1962 (West Pakistan Ordinance II of
1962), and that appeal shall lie from his decrees and orders to and his decrees and orders be
subject to revision by, a Revenue Officer invested under section 173 with the powers of a
Court which would be competent under that Ordinance to hear appeals from or revise such


1
    Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
2
    Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
150                                                   The Punjab Laws

decrees and orders if they had been made by a Court with the powers of which the Revenue
Officer who made them has been invested.
    (2) In the absence of any such notification, a Revenue Officer invested under section 173
with the powers of any such Civil Court as aforesaid shall, with respect to the exercise of
those powers, be deemed to be such a Civil Court for the purposes of the aforesaid
Ordinance.

                                              General
175. Prevention of encroachment upon common lands.– 1[(1) Where land which has been
reserved for the common purposes of the persons residing in the estate in which such land is
situate has been encroached upon by any person, and the land has been shown in the last three
periodical records made before such encroachment as so reserved, a Revenue Officer may, on
the application of a land-owner in the estate, and after giving an opportunity to the person
alleged to have encroached upon it to appear before him and show cause against the proposed
action–
        (a) eject from the land the person who has encroached thereupon; and
        (b) by order proclaimed in the manner provided in section 26, forbid repetition of the
            encroachment.
     Explanation– An edition of the record-of-rights made before the coming into force of this Act,
under the provisions of section 33 of the Punjab Land Revenue Act, 1887, or under the provisions
of any other law repealed by this Act, shall be deemed to be a periodical record for the purposes of
this section.]
     (2) The proceedings of the Revenue Officer under sub-section (1) shall be subject to any
decree or order which may be subsequently passed by any Court of competent jurisdiction.

2
 [175-A. Penalty for encroachments.– Whoever makes an encroachment on any village
road, path or other common place and fails to remove the same within a period of not
exceeding thirty days as may be fixed by a Revenue Officer by means of a notice or repeats
an encroachment shall, in addition to any other action that may be taken against him under
any law for the time being in force, be punished by the Revenue Officer with fine which may
extend to five hundred rupees and if the encroachment continues with a further fine which
may extend to fifty rupees for each day the default continues.]

176. Papers kept by Village Officers to be deemed public documents.– (1) Any record or
paper which a Village Officer is required by law, or by any rule made under this Act, to
prepare or keep shall be deemed to be the property of Government.
    3
      [(2) A Village Officer shall, with respect to any record or paper in his custody be
deemed, for the purposes of the Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984), to be
public officer having the custody of a public document which any person has a right to
inspect.]

177. Maps and land record open to inspection, etc.– Subject to such rules and the
payment of such fees as the Board of Revenue may from time to time prescribe in this behalf,
all maps and land-records prepared or required to be made under this Act shall be open to the



1
  Substituted by the West Pakistan Land Revenue (Amendment) Ordinance, 1970 (X of 1970).
2
  Added by the Punjab Land Revenue (Amendment) Act, 1997 (V of 1997).
3
  Substituted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007).
                                  The Punjab Land Revenue Act 1967 (XVII of 1967)                                                          151

inspection of the public at reasonable hours, and certified extracts from the same or certified
copies thereof shall be given to all persons applying for the same 1[:]
    2
      [Provided that every public officer having the custody of computerized land record shall
give to every person, on demand, certified extracts from computerized land record or certified
copies of the computerized land record on payment of the prescribed fee.]

178. Restriction on Revenue Officers bidding at auctions or engaging in trade.– (1) A
Revenue Officer, or a person employed in a Revenue Office, shall not–
       (a) purchase or bid for, either in person or by agent, in his own name or in that of
           another or jointly or in shares with others, any property which any Revenue Officer
           or Revenue Court in the District in which he is employed has ordered to be sold, or
       (b) in contravention of any rule made by Government in this behalf, engage in trade in
           that District.
    (2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a
share-holder in a company incorporated under the Companies Act, 1913 (Act VII of 1913), or
under any other law for the time being in force relating to a body or bodies corporate.

                                          CHAPTER XV
                                       MISCELLANEOUS
179. Effect of finality of orders.– Wherever in this Act it is provided that a decision or order
shall be final, it shall be deemed to mean that no appeal lies from such decision or order; but
nothing herein shall be construed as precluding the Board of Revenue from modifying
reversing or setting aside any such decision or order under the provisions of section 164.

180. Restriction on appointment of Lambardars.– Notwithstanding anything contained in
this Act, headman (Lambardars) shall not be appointed in, nor shall rules for their
appointment be enforced in or made applicable to, any area or part of the Province where the
law in force immediately before the commencement of this Act did not provide for the
making of such appointment or rules.

181. Bar on legal proceedings against Revenue Officers.– No suit, prosecution or other legal
proceedings shall lie against a Revenue Officer for anything done or ordered to be done in good
faith by him as such in pursuance of the provisions of this Act, or of any other law for the time
being in force.

182. Power to make rules.– The Board of Revenue, with the previous approval of
Government, may, in addition to the other rules which may be made by it under this Act,
make rules not inconsistent with this Act–
      (a) fixing the number and amount of the installment and the times and places and the
          manner, by, at and in which any sum other than rent or land revenue which is
          payable under this Act or of which a record has been made thereunder is to be paid;
      (b) fixing the dates on which profits are to be divisible by headmen or other persons by
          whom they are realized on behalf of co-shares;


1
 Substituted by the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), for the full-stop.
2
  The following proviso, which was added the Punjab Land Revenue (Amendment) Act 2007 (II of 2007), was substituted by the Punjab
Land Revenue (Amendment) Act 2018 (XXVIII of 2018):
           “Provided that the Board of Revenue, a Service Centre Official or an officer authorized by the Board of Revenue, shall issue a copy
           or an extract of the computerized land record in the prescribed manner and the Patwari of an estate shall not, after the expiry of the
           date under sub-section (1-A) of section 42, issue a copy or an extract of a land record which has been computerized.”
152                                                       The Punjab Laws

            (c) prescribing the fees to be charged for the service and execution of processes issued
                by Revenue Officers and Revenue Courts, the mode in which those fees are to be
                collected, the number of persons to be employed in the service and execution of
                those processes, and the remuneration and duties of those persons;
            (d) regulating the procedure in cases where persons are entitled to inspect records of
                Revenue Officers or records or papers in the custody of Village Officers, or to
                obtain copies of the same, and prescribing the fees payable for searches and copies;
            (e) prescribing forms for such books, entries, statistics and accounts as the Board of
                Revenue thinks necessary to be kept, made or compiled in Revenue Offices or
                submitted to any authority; and
            (f) generally for carrying out the purposes of this Act.

183. Rules to be made after previous publication.– The power to make any rules under
this Act is subject to the condition of the rules being made after previous publication.

184. Repeals and savings.– (1) The enactments mentioned in Part One of the Schedule are
hereby repealed.
    (2) On the commencement of this Act in any area the enactments mentioned in Part Two
of the Schedule shall, if and, in so far as applicable to that area, stand repealed; and in the
event of specified provisions of this Act being applied to any area, only the corresponding
provisions in such enactments shall stand repealed.
    (3) Notwithstanding the repeal of the enactments mentioned in sub-section (2)–
        (a) all rules, appointments and transfers made, notifications and proclamations issued,
            authorities and powers conferred, farms and leases granted, record-of-rights and
            other records framed, revised or confirmed, rights acquired, liabilities incurred,
            times and places appointed, and other things done, under any such enactment
            shall, if not inconsistent with the provisions of this Act, be continued and, so far as
            may be, be deemed to have been respectively made, issued, conferred, granted,
            incurred, appointed and done under this Act; and
        (b) all assessments of land-revenue duly made, approved or confirmed under any such
            enactment and in force immediately before such repeal shall continue, and subject
            to the provisions of this Act, remain in force until assessments made, approved or
            confirmed under those provisions take effect.
    (4) 1[*     *     *     *   *     *    *     *    *    *     *    *]
    (5) [*
        2
                *     *     *   *     *    *     *    *    *     *    *]

                                       THE SCHEDULE
                                     (SEE SECTION 184)
                                          Part One
    1. The Punjab Riverain Boundaries Act, 1899 (Pb. Act I of 1899).
    2. The Punjab Land Revenue (Amendment) Act, 1912 (Pb. Act II of 1912).
    3. The Punjab Land Revenue (Amendment) Act, 1928 (Pb. Act III of 1928).
    4. The Punjab Land Revenue (Amendment) Act, 1929 (Pb. Act VII of 1929).
    5. The Punjab Land Revenue (Amendment) Act, 1934 (Pb. Act VI of 1934).
    6. The Punjab Land Revenue (North-West Frontier Province Amendment) Act, 1935
       (N.W.F.P. Act VIII of 1935).

1
    Deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
2
    Deleted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
                                 The Punjab Land Revenue Act 1967 (XVII of 1967)                 153

 7. The Punjab Land Revenue (Amendment) Act, 1950 (Pb. Act I of 1950).
 8. The Punjab Land Revenue (Second Amendment) Act, 1950 (Pb. Act XVIII of 1950).
 9. The Punjab Land Revenue (North-West Frontier Province Amendment) Act, 1954
    (N.W.F.P. Act V of 1954).
10. The Punjab Land Revenue (Amendment) Act, 1955 (Pb. Act IV of 1955).
11. The Punjab Land Revenue (Amendment) Act, 1955 (Pb. Act XIX of 1955).
12. The West Pakistan (Punjab Land Revenue Act) (Amendment) Act, 1956 (W.P. Act III of
    1956).
13. The Punjab Land Revenue (West Pakistan Amendment) Ordinance, 1959 (W.P.
    Ordinance XXIX of 1959).
14. The West Pakistan Determination of Land Revenue and Water Rate Ordinance, 1959
    (W.P. Ordinance LV of 1959).
15. The Punjab Land Revenue (West Pakistan Amendment) Ordinance, 1962 (W.P.
    Ordinance XXVIII of 1962).
16. The Punjab Land Revenue (West Pakistan Amendment) Ordinance, 1962 (W.P.
    Ordinance XXXVII of 1962).
17. The Punjab Land Revenue (West Pakistan Amendment) Ordinance, 1963 (W.P.
    Ordinance XVIII of 1963).

                                            Part Two
1.    The Sind Revenue Jurisdiction Act, 1876 (Sind Act X of 1876): sections 4, 5 and 6.
2.    The Bombay Land Revenue Code, 1879 (Bom. Act V of 1879); except Chapters I, VI
      and VII as in force for the time being in Karachi Area, together with all enactments
      modifying or amending the same in its application thereto.
1
  [3. The Sind Land Revenue Code, 1879 (Sind Act V of 1879), except Chapters I and VI,
      together with all enactments modifying or amending the same.]
4. The Sind Village Officers Act, 1881 (Sind Act IV of 1881).
5. The Punjab Land Revenue Act, 1887 (Pb. Act XVII of 1887).
6. The Punjab Land Revenue Act, 1887 (Pb. Act XVII of 1887), as in force for the time
      being in North West Frontier.
7. The Punjab Land Revenue Act, 1887 (Pb. Act XVII of 1887), as applied and in force for
      the time being in Baluchistan, Bahawalpur and Nasirabad Sub-Division in Jacobabad
      District of Khairpur Division, together with all enactments or notification modifying or
      amending the same in its application thereto.




1
    Substituted by the West Pakistan Land Revenue (Amendment) Ordinance, 1969 (XXXIV of 1969).


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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