The N.W.F.P Tenancy (Amendment) Act, 1992


NOTIFICATION.
16th December, 1992


No. PA/NWFP/Legis/92/23973— The North-West Frontier Province Tenancy (Amendment) Bill, 1992, having been passed by the Provincial Assembly of the North-West Frontier Province on the 13th December, 1992, and assented to by the Governor of the North-West Frontier Province on the 14th December, 1992, is hereby published as an Act of the Provincial Legislature of North-West Frontier Province.


THE NORTH WEST FRONTIER PROVINCE TENANCY (AMENDMENT) ACT, 1992.
N.W.F.P. ACT NO. XI OF 1992.

[First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of North-West Frontier Province (Extraordinary), dated the 16th December, 1992].
AN
ACT
further to amend the North-West Frontier Province Tenancy Act, 1950.
Preamble: WHEREAS it is expedient to bring certain provisions of the North-West Frontier Province Tenancy Act, 1950 (N.W.F.P. Act XXV of 1950), in conformity with the injunctions of Islam, as held by the Supreme Court of Pakistan (Shariat Appellate Bench), in Shariat Appeal No. 16 of 1984;
It is hereby enacted as follows:

  1. Short title and commencement. (1) This Act may be called the North-West Frontier Province Tenancy (Amendment) Act, 1992.

(2)    It shall come into force at once and shall be deemed to have taken effect on the 23rd day of March, 1990.
2.         Amendment of section 4 of N.W.F.P. Act XXV of 1950.—In the North-West Frontier Province Tenancy Act, 1950 (N.W.F.P. Act XXV of 1950), hereinafter referred to as the said Act, for section 4, the following shall be substituted, namely:
"4. Rights of ownership of certain persons.— Any occupancy tenant, who had the right of occupancy in the land so occupied by him under section 5 (l)(c) of the Punjab Tenancy Act, 1887, or who may prove by a reliable, clear and un-ambiguous evidence, before a court of competent jurisdiction, that he is the real owner, according to Shariah, of the land under his tenancy, and who occupies any land as such, shall become full owner of such land without payment of any compensation to the landlord and shall acquire it free from any encumbrance created in respect of that land by the landlord.".

  1. Amendment of section 4-A.  In the said Act, in section 4-A, the 'Exception' appearing at the end shall be deleted.
  2. Deletion of section 4-B of N.W.F.P. Act XXV of 1950.— In the said Act, section 4-B shall be deleted.
  3. Deletion of section 4-C of N.W.F.P. Act XXV of 1950.— In the said Act, Section 4-C shall be deleted.

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