Punjab Resumption of Jagirs Rules 1958 (Under Punjab Act 39 of 1957)

1.Short title - These rules may be called the Punjab Resumption of Jagirs Rules,1958.

2.Definitions - In these rules,-

(i)"Act" means the Punjab Resumption of Jagirs Act, 957 (No. 39 of 1957);

(ii)"From" means a form appended to these rules.

3.From of application - (1) An application under sub-section (1) of section 6 of the Act shall be made in Form A and may be presented by the Jagirdar personally or through a legal practitioner or a person specially authorised by the Jagirdar. The application shall be acknowledged by the Collector.

(2) After receiving the application under sub-rule (1), the Collector shall inquire into the claim and after the inquiry is complete he shall forward the result of the inquiry along with the record thereof to the Financial Commissioner through the Commissioner.

(3) In his report the Collector shall give briefly the history of the Jagir and inter alia his recommendations with respect to the following matters, namely: -

(a)the amount of Jagir payable annually to the jagirdar ;

(b)service commutation charges, haq-ul-tehsil, or any other sum deductable from the Jagir or recoverable from the jagirdar ;

(c)maintenance allowances, if any, payable to the person mentioned in section 7 of the Act specifying fully the name and address of each of such person and the amount payable to each whether directly by the Government or by the Jagirdar and the places at which and the manner in which it is payable ;

(d)total amount of compensation payable to the Jagirdar, under the Act and, if the persons entitled to receive the compensation are more than one, the amount of compensation payable to each ;

(e)the manner in which the compensation is proposed to be payable whether in lump sum or by instalments and the apportionment, if any, under section 7 of the Act.

4.Payment of compensation.- (1) Where the amount of compensation does not exceed [Rs.2,500] or where the Jagirdar mainly depends for his livelihood uponthe Jagir [*] and the amount of his annual Jagir does not exceed Rs.500 the compensation may be paid in lump sum.

(2) Where the amount of compensation exceeds [Rs.2,500] but does not exceed Rs.20,000, it shall be paid with interest as provided in section 5 (3) of the Act in ten annual instalments.

(3) Where the amount of compensation exceeds Rs.20,000, it shall be paid with interest as provided in section 5 (3) of the Act in twenty annual instalments.

5.Form of certificate of compensation. - (1) On receipt of orders of the Financial Commissioner under sub-section (3) of section 6 of the Act determining the amount of compensation payable and the apportionment thereof under section 7 of the Act, the Collector shall issue certificate/s in Form B to the person or persons entitled to receive the same.

(2) A register in Form C shall be maintained in the Office of the Collector.

6.Mode of payment of compensation- (1) It shall be the duty of the Collector to arrange for the payment of compensation to the person or persons entitled thereto on the presentation to him of the certificate issued under Rule 5. The fact of payment shall be recorded by the Collector in the appropriate column of the certificate and the register maintained in his office, under his own signature or those of an officer duly authorised by him in this behalf.

(2) After full payment of the compensation is made, the certificate/s will be surrendered by the person/persons entitled to receive the compensation and the Collector shall cancel it/ them and record it/them in his office. The corresponding entry/entries in the register shall also be cancelled simultaneously.

7.Interest.- Simple interest under sub-section (3) of section 5 of the Act shall be calculated in the manner indicated in Form D.

FORM OF APPLICATION
(FORM 'A')

To

            The Collector,

            _____________________________.

Sir,

            I___________________, son of _______________, Jagirdar of village ____________________, Tehsil________________, District________________, apply as follows :-

1.That my Jagir, the particulars of which are given below having been extinguished and resumed in the name of the State Government, under section 3 of the Punjab Resumption of Jagirs Act,1957, I claim compensation in respect of the same :-

(i)  Nature and description of Jagir.

(ii)  Annual net amount of Jagir.

(iii)  Annual amount of service commutation charges deducted by Government, if any.

(iv)  Annual amount of collection charges (Haq-ul-Tehsil), or other sum deducted, if any.

(v)  Name of authority sanctioning the Jagir.

(vi)  Services for which Jagir was sanctioned.

(vii)  Terms and conditions on which Jagir was sanctioned.

(viii)  Whether resumable at the pleasure of the Government of not.

(ix)  Names of widow or widows and other members of the fimily of the last or any previous holder of the Jagir referred to in section 7 of the Act in receipt of maintenance allowance out of the Jagir together with the amount payable under the Jagir to each yearly, half-yearly or monthly, as the case may be and the place or places at which and the manner in which it is payable.

2.That I attach________________________ in support of the certified copies of the following doucments particulars of the Jagir mentioned in para I above:-

(i)  Original order of grant of Jagir.

(ii)  Sanad testifying the grant of Jagir.

(iii)  Any other relevant documnt or documents.

3.That I have been fulfilling all th terms and conditions subject to which the Jagir was orginally sanctioned (mention in this para whether the applicant has or has not been fufilling all or any of the terms and conditions of the Jagir).

4.That I am entitled to payment of compensation for the extinguishment and resumption of my jagir on the following grounds :-

1.

2.

3.

4.

5.That the amount of compensation payable to me amounts to Rs. __ as per detail given below :-

Dated                                         Signatures of Jagirdar.

FORM OF CERTIFICATE
(FORM 'B')

Office of the Collector __________________ District ____________

Certified that Shri_____________, son of_______________, Ex-Jagirdar/ dependant of Jagirdar of village ____________, Tehsil________________, district__________, is entitled to receive the compensation/part of compensation as maintenance as detailed below in lieu of resumption of the Jagir amounting to Rs.______ per annum, as per Financial Commissioner's orders, dated______________ In_________.

(1)Serial No. of the certificate.

(2)Total amount of compensation sanctioned by the Financial Commissioner under section 6 (3) of the Act and the apportionment thereof under section 7 of the Act ______________.

(3)Whether payable in lump sum or in instaments ________________________.

(4)If payable in annual instalment, the number of such instalments___________.

Place

Date

DISTRICT REGISTER OF COMPENSATION PAYABLE TO JAGIRDARS UNDER THE PUNJAB RESUMPTION OF JAGIRS ACT,1957
(FORM 'C')

1.  Name and description of the ex-Jagirdar or his successor or heir or relation to whom compensation or a part thereof as maintenance allowance is payable by Government.

2.  Village__________, tehsil___________, and district_______________.

3.  Number and date of Financial Commissioner's orders sanctioning the compensation or a share thereof as maintenance allowance________________.

4.  Serial number and date of the certificate issued by Collector in respect of the compensation/maintenance allowance___________.

5.  Total amount of compensation sanctioned by F.C.R. under section 6 (3) of the Act, and the apportionment thereof under section 7 of the Act __________________.

6.  Whether payable in lump sum or in instalments______________.

7.  If payable in annual instalments the number of such instalments_______________.

Place                                      (sd/-)

Date                                        Collector

PUNJAB RESUMPTION OF JAGIRS
RULES,1958
FORM D (RULE 7)

TABLE OF INSTALMENTS FOR EVERY Rs.100 OF COMPENSATION WITH INTEREST

For parts of Rs.100, the installments would be reduced in the same ratio as the part may bear to Rs.100.