104. Retention of powers by Revenue-
officer on transfer.—When a Revenue-officer of any class
who, either as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to
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be exercised in any local area is transferred from that local area to another as a Revenue-officer or
Revenue Court of the same or a higher, class, he shall continue to exercise those powers in that other local
area, unless the Local Government otherwise directs or has otherwise directed.
105. Conferment of power of Revenue-officer or Revenue Court.—
(1) The Local Government may
by notification confer on any person.—
(a) all or any of the powers of a Financial Commissioner, Commissioner or Collector under this
Act, or
(b) all or any of the powers with which an Assistant Collector of either grade is, or may be,
invested thereunder,
and may by notification withdraw any powers as conferred.
(2) A person on whom powers are conferred under sub-section
(1) shall exercise those powers within
such local limits and in such classes of cases as the Local Government may direct, and, except as
otherwise directed by the Local Government, shall for all purposes connected with the exercise thereof be
deemed a Financial Commissioner, Commissioner, Collector or Assistant Collector, as the case may be.
(3) Before conferring powers on the Judge of a Civil Court under sub-section
(1), the Local
Government shall consult the Chief Court.
(4) If any of the powers of a Collector under section 78, section 79, section 80 or section 82 are
conferred on an Assistant Collector, they shall, unless the Local Government by special order otherwise
directs, be exercised by him subject to the control of the Collector.
106. Power for Financial Commissioner to make rules.—
(1) The Financial Commissioner may, in
addition to the other rules which may be made by him under this Act, make rules consistent with this Act
and any other enactment for the time being in force—
(a) determining, notwithstanding anything in any record-or-rights, the number and amount of the
instalments and the times by and at which rent is to be paid;
(b) for the guidance of Revenue-officers in determining, for the purposes of this Act, the amount of
the land-revenue of any land;
(c) prescribing, for all or any of the territories to which this Act extends the periods during which in
proceedings held under this Act, a Revenue-officer or Revenue Court is not, except for reasons of
urgency to be recorded, to issue any process of arrest against, tenant or against a landowner who
cultivates his own land;
(d) regulating the procedure in cases where persons are entitled to inspect records of Revenue-
officer or Revenue Courts, 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 Financial Commissioner
thinks necessary to be kept, made or compiled in Revenue-officers or Revenue Courts or submitted to
any authority;
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(f) declaring what shall be the language of any of those offices and Courts, and determining in what
cases persons practising in those officers and Courts shall be permitted to address the presiding
officers thereof in English; and
(g) generally for the guidance of Revenue-officers and other persons in matters connected with the
enforcement of this Act.
(2) Until rules are made under clause
(a) of sub-section
(1), rent shall be payable by the instalments
and at the times by and at which it is now payable.
(3) Rules made by the Financial Commissioner under this or any other section of this Act shall not
take effect until they have been sanctioned by the Local Government.
107. Rules to be made after previous publication.—The power to make any rules under this Act is
subject to the control of the Governor General in council, and to the condition of the rules being made
after precious publication.
108. Powers exercisable by Financial Commissioner from time to time.—all powers conferred by
this Act on the Financial Commissioner may be exercised from time to time as occasion requires.
CHAPTER VIII.
EFFECT OF THIS ACT ON RECORD-OF-RIGHTS AND AGREEMENTS.
109. Nullity of certain entries in records-of-rights.—An entry in any record-of-rights providing.—
(a) that a landlord may prevent a tenant from making, or eject him for making, such improvements
on his tenancy as he is entitled to make under this Act, or
(b) that a tenant ejected form his tenancy shall not be entitled to compensation for improvements
or for disturbance in any case in which he would under this Act be entitled to compensation
therefor, or
(c) that a landlord may eject a tenant otherwise than in accordance with the provisions of this Act,
shall be void to that extent.
110. Nullity of certain agreements contrary to the Act.—
(1) Nothing in any agreement made
between a landlord and a tenant after the passing of this Act shall.—
(a) override any of the provisions of this Act with respect to the acquisition of a right of occupancy,
or the reduction, remission or suspension of rent, or the enhancement of the rent of a tenant having a
right of occupancy under section 5 or section 6, or
(b) take away or limit the right of a tenant as determined by this Act to make improvements and
claim compensation therefor, or, where compensation for disturbance can be claimed under this Act, to
claim such compensation, or
(c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions of
this Act.
(2) Nothing in clause
(a) of sub-section
(1) shall apply to an agreement by which a tenant binds
himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in
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respect of his tenancy by, or at expense of, his landlord, and to the benefit of which the tenant is not
otherwise entitled.
111. Saving of other agreements when in writing.—Save as expressly provided in this Act, nothing
in this Act shall affect the operation of any agreement between a landlord and a tenant, when the
agreement either is in writing or has been recorded in a record-of-rights before the passing of the Punjab
Land-Revenue Act, 1887, (XVII of 1887) or been entered by order of a Revenue-officer in a record-of-
rights or annual record under the provisions of that Act.
112. Effect of certain entries made in records-of-rights before November 1871.—An entry made
with respect to any of the following matters before the eighteenth day of November, 1871 and attested by
the proper officer, in the record of a regular settlement sanctioned by the local Government, namely :
(a) the enhancement or abatement of the rent of a tenant having a right of occupancy, or the
commutation of rent in kind into rent in money or of rent in money into rent in kind, or the taking of
rent in kind by division or appraisement of the produce or other procedure of a like nature, or
(b) the letting or under-letting of land in which there is a right of occupancy by the tenant having
that right, or the alienation of or succession to land in which such a right subsists;
shall be deemed to be an agreement within the meaning of the last foregoing section.
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THE SCHEDULE.
See Section 2.
ENACTMENTS REPEALED.
Number and year. Title. Extent of repeal.
1 2 3
Act of the Governor General in Council.
XXVIII of 1868. Punjab Tenancy Act. The whole.
VIII of 1873. Northern India Canal and Drainage Act. Section 40 to 43, both inclusive
XIV of 1875. Punjab Judicial Administration Act. So much as has not been
repealed.
XVIII of 1884. Punjab Courts Act. Section 3, clauses
(1),
(2),
(4),
(5),
(6) and
(7); the whole of
Chapter V; the last seventeen
words of sub-section
(1) of
section 67; section 70 so far as
regards Revenue Courts; and
section 75.
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