RESTRICTIONS ON THE ALIENATION OF LANDS. 209 



remains in possession after the expiry of the term for which he is 

 entitled to hold under his mortgage, lease or farm. 



We have also retained the provision of the Bill as introduced 

 that a permanent alienation which requires sanction, but which is 

 made without sanction, shall be treated as a usufructuary mortgage 

 made in the first form prescribed by the Bill, and we have further 

 provided that any mortgage made by a member of an agricultural 

 tribe in any manner or form not permitted by the Bill shall be re- 

 vised and altered by the Revenue-officer so as to bring it into 

 accordance with such form of mortgage permitted by the Bill as the 

 mortgagee may appear to be equitably entitled to claim, and that 

 any lease or farm made by a member of an agricultural tribe to a 

 person other than a member of the same tribe or of a tribe in the 

 same group for a longer term . than twenty years shall be deemed to 

 have been made for only twenty years. 



As regards the restrictions on hypothecations of agricultural 

 produce by members of agricultural tribes which were included in 

 the Bill as introduced, we have, in modification of the absolute 

 prohibition of such transactions, proposed to allow alienations or 

 charges of this description to be made for a period not exceeding 

 one year, or in special cases for a longer period with the sanction of 

 the Revenue-officer. 



We have retained the provision which forbids the sale of land 

 in execution of a decree or order, but have so far modified such 

 provision as to make it applicable only to land belonging to a member 

 of an agricultural tribe, and we have also made clear that the pro- 

 hibition only applies to a decree or order of a Civil or Revenue Court. 

 The prohibition as to sale will not, of course, extend to temporary 

 alienations of land for satisfying a decree which are made by the 

 Collector, when so authorized by the Civil Court, under section 32 G 

 of the Code of Civil Procedure. 



We have retained but amplified the clause which prohibits the 



registration of any instrument contravening the provisions of the 



Bill ; we propose to prescribe that transactions which require the 



sanction of a Revenue-officer shall not be entered in the record-of- 



rights or in the annual record under the Punjab Land-revenue Act, 



untilproof of such sanction is produced ; and we have provided for 



the proceedings of Revenue-officers under the Bill being regulated 



37 



