114A: Extinction of Muqarraridari rights

Extinction of Muqarraridari rights.– (1) Notwithstanding anything contained in any law for the time being in force, including this Act, no person shall, after the coming into force of the Punjab Tenancy (removal of Doubts and Amendment) Ordinance, 1974, hereinafter referred to as the said Ordinance acquire or have muqarraridari right in any land under any enactment or contract or other authority, and the existing muqarraridari rights in respect of all lands other than the lands owned by or vesting in Government or by any person who, under the law for the time being in force is an evacuee, shall, on coming into force of the said Ordinance, be extinguished and the land in respect of which muqarraridari rights are to be extinguished, hereinafter referred to as the said land, shall vest as hereinafter provided. (2) A muqarraridar who, at the time of coming into force of the said Ordinance, occupies the said land as such shall become owner as under:- (a) of the said land in its entirety without payment of any compensation where he pays no rent therefor beyond the amount of the land revenue and rates and cesses for the time being chargeable therefor; The Punjab Tenancy Act 1887 (XVI of 1887) 45 (b) of such portion of the said land without payment of any compensation as corresponds to his share of the produce where he pays rent in the form of a share of the produce; (c) of the said land in its entirety on payment of compensation to the proprietor in cash at such rates and within such periods as may be prescribed by the Government by rules framed for the purpose, where he pays rent only in cash; and (d) of the whole or a portion of the said land on payment of such compensation in such form and within such time to the proprietor as may be determined by Government by rules framed under this section, where he pays rent partly in cash and partly in the form of share of the produce. (3) So long as Government does not frame rules, for purposes of clauses (c) and (d) of sub- section (2), muqarraridari rights falling under any of those clauses shall, notwithstanding the provision made in sub-section (1) continue to subsist and the proprietor and the muqarraridar shall continue to enjoy the same rights, and be subject to the same liabilities, as before. (4) In a case falling under clause (b) of sub-section (2) the proprietor shall, without payment of any compensation, be entitled to the possession of the rest of the said land. (5) A muqarraridar acquiring land in accordance with the provisions of sub-section (1) shall acquire it free from all encumbrances created in respect of that land by the proprietor and if any encumbrance be created by the muqarraridar the share of the land received by the proprietor shall be free from it and notwithstanding any provision of any law for the time being in force to the contrary, each such encumbrance shall become the exclusive liability of the proprietor or the muqarraridar as the case may be. (6) Where compensation is to be paid by a muqarraridar in cash under clause (c) of sub- section (2) Government may, with a view to enabling a muqarraridar to acquire land in accordance with the provisions of this section, advance a loan which shall be recoverable as arrears of land revenue with interest at such rates and in such installments as the Government may fix generally or in particular cases. (7) Government shall frame rules to have effect to the provisions of this section, and while framing the rules it may classify land into different categories and prescribe different principles of assessment of compensation].

Effective date: 1887-11-01

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