114: Extinction of occupancy tenancies

Extinction of occupancy tenancies.– (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 (Amendment) Act, 1952, acquire or have occupancy rights in any land under any enactment or contract or any decree or order of any Court or other authority and the existing occupancy rights in respect of all lands other than lands owned by Government or by any person who under the law for the time being in force is an evacuee, shall on the coming into force of the aforesaid Act, be extinguished, and the land comprised in a tenancy so extinguished shall vest as hereinafter provided. (2) An occupancy tenant, who at the time of the coming into force of the aforesaid Amendment Act occupies any land as such shall become owner as under:- (a) of the entire land comprised in his tenancy 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; 44 The Punjab Laws (b) of such portion of the land comprised in his tenancy 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 entire land comprised in his tenancy on payment of compensation to the land-lord 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; (d) of the whole or a portion of the land comprised in his tenancy on payment of such compensation in such form and within such time to the land-lord as may be determined by Government by rules framed under this Act, where he pays rent partly in cash and partly in the form of a share of the produce. (3) So long as Government does not frame rules for purposes of clauses (c) and (d) of sub- section (2), an occupancy tenancy falling under any of these clauses shall, notwithstanding the provision made in sub-section (1), continue to subsist, and the land-lord and the occupancy tenant 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 land-lord shall, without payment of any compensation, be entitled to the possession of the rest of the land comprised in the tenancy. (5) An occupancy tenant acquiring land in accordance with the provisions of sub-section (2) shall acquire it free from all encumbrances created in respect of that land by the land-lord and if any encumbrance be created by the tenant, the share of the land received by the land-lord 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 land-lord or the occupancy tenant, as the case may be. (6) Where compensation is to be paid by a tenant in cash under clause (c) of sub-section (2) Government may, with a view to enabling an occupancy tenant 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 give effect to the provisions of this section, and while framing rules it may classify lands into different categories and prescribe different principles for assessment of compensation].

Effective date: 1887-11-01

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