Act 13 of 1956
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Received the assent of the Governor of Punjab on 2nd May, 1956; and was first published in the Punjab Government Gazette (Extraordinary), of the 9th May, 1956.
An Act to provide for the disposal and restoration of certain revenue appeals and revisions instituted before the partition of 1947, relating to the districts of Amritsar and Gurdaspur.
Be it enacted by the Legislature of the State of Punjab in the Seventh Year of the Republic of India as follows :-
- Short title, extent and commencement.- (1) This Act may be called the Punjab Revenue Appeals and Proceedings (Disposal and Restoration) Act, 1956
(2) It shall extend to the State of Punjab.
(3) It shall come into force at once.
| Object & Reasons6 |
| Statement of Objects and Reasons. -"At the time of the partition of Punjab, a number of appeals and revisions arising out of suits or applications brought under various Land Acts with the Commissioner, Lahore Division, and the Financial Commissioner of undivided Punjab. These cases were transferred to the Commissioner, Jullundur Division, and the Financial Commissioner, Punjab (1) respectively. As these Courts had no jurisdiction to try such cases and their disposal is essential, it is proposed, by this legislation, to confer the necessary jurisdiction on them and to validate the decisions that they may have already given in any case disposed of by them."
Punjab Government Gazette Extraordinary, dated the 22nd March, 1956. |
- Disposal of certain revenue appeals and revisions instituted before the 15th August, 1947.- Where any appeals or revision relating to Amritsar or Gurdaspur District instituted prior to the 15th day of August, 1947, before the Commissioner of the Lahore Division or the Financial Commissioner of the undivided Punjab was transferred after the said date for disposal to the Commissioner, Jullundur Division, or the Financial Commissioner, Punjab (India), it shall be deemed to have been validly transferred notwithstanding anything contained in any law to the contrary and shall be disposed of by the Financial Commissioner, Punjab (India), or the Commissioner, Jullundur Division, as the case may be in accordance with law.
- Restoration of certain appeals and revisions.- If any appeal or revision transferred in the manner mentioned in section 2 was dismissed after the 15th day of August, 1947, solely on the ground that it should have been heard and disposed of by the appropriate authority in Punjab (Pakistan), the Commissioner, Jullundur Division, or the Financial Commissioner, Punjab (India), as the case may be, shall on application made by the aggrieved party or his legal representative within thirty days from the commencement of this Act or such further time as the appellate or revising authority may grant on sufficient cause, make an order, notwithstanding any other law to the contrary, setting aside the dismissal and shall thereafter proceed with the appeal or revision in accordance with law.
- Validation of certain appeals and revisions decided after transfer.- If any appeal or revision transferred in the manner mentioned in section 2 was disposed of on merits by the Commissioner, Jullundur Division, or the Financial Commissioner, Punjab (India), as the case may be, it shall be deemed to have been validly decided notwithstanding any other law for the time being in force.