RESTRICTIONS ON THE ALIENATION OF LANDS. 233 



has become a purely local one fall of local detail, and it is thought 

 that the Local Government may be left to freely exercise the power of 

 admiting tribes to the protection of the Act. Such admissions are 

 now the more necessary in consequence of the abolition of the statutory 

 agriculturist. 



It has been decided to include definitely any right of occupancy in 

 the expression ' land* as defined in section 2 (5) of the Act. This 

 is in accordance with the judgment of the Chief Court, No. 11 P. R., 

 1904, and also assimilates the present definition to that which has 

 been adopted in the Punjab Pre-emption Act, 1905, with the exception 

 that the restrictive words therein are omitted, as instances of occupancy 

 rights may possibly be met with which haA^e been acquired otherwise 

 than under an Act of the Legislature. 



The definition of permanent alienation has also been amended so 

 as to include grants of occupancy rights and gifts for religious or 

 charitable purposes. The former amendment is consistent with the 

 decision that ' land' shall include occupancy rights while the latter is 

 proposed in order to avoid a possible evasion of the Act. In the case 

 of dona fide gifts for religious or charitable purposes the amended 

 proviso to section 3 (2) provides that sanction thereto shall always be 

 given. The policy of treating these gifts in a liberal spirit and in a 

 manner which is likely to be approved by popular sentiment is thus 

 maintained. 



The right of pre-emption given to a landlord in the case of a trans- 

 fer by his occupancy tenant was expressly saved in the Punjab Pre- 

 emption Act, 1905. The provisions of sections 53 and 54 of Punjab 

 Tenancy Act, 1887, are not expressly saved or repealed in the Punjab 

 Alienation of Land Act, 1900, with the result that the right given to 

 the landlord in express terms by Statute is not taken away and is not, 

 it is thought, even limited by the necessity of obtaining sanction. It 

 is not thought necessary at present to take away the right, but it is 

 thought necessary that the Deputy Commissioner should be kept in- 

 formed of such alienations in order to check evasions of the Act. By 

 the section it is proposed to insert as section 2-A, it is therefore pro- 

 vided that the provisions of the Act shall apply to these alienations 

 notwithstanding the provisions of sections 53 and 54 of the Tenancy 

 A*t, but in the new proviso to section 3 (2) it is provided that sanction 

 shall always be given. 



30 



