The North-West Frontier Province Land Laws (Amendment) Ordinance, 2001


NOTIFICATION.
13th August, 2001.


No. Legis: l-DE (BOR/22/2000/4132-37.—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:-


THE NORTH-WEST FRONTIER PROVINCE LAND LAWS (AMENDMENT) ORDINANCE, 2001.
N.-W.F.P. ORDINANCE NO. XIII OF 2001.
AN
ORDINANCE

further to amend certain land laws.
WHEREAS it is expedient further to amend certain land laws in the manner hereinafter appearing;
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exit which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, as amended uptodate, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all power enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1.         Short title and commencement.—(1) This Ordinance may be called the North-West Frontier Province Land Laws (Amendment) Ordinance, 2001.

  1. It extends to the whole of the North-West Frontier Province.
  2. It shall come into force at once.

2. Amendment of certain laws.—The laws specified in column 3 of the Schedule to this Ordinance are hereby amended to the extent specified against each in column 4 of the said Schedule.


"SCHEDULE
[See section 2]


S.No.

Number and year of the enactment

Short title

Amendments

1.

Act No. VIII of 1873

The Canal and Drainage Act, 1873.

  1. In section 3,---
  1. in clause (5),—
  2. the word "Commissioner" appearing as marginal heading shall be deleted; and

(ii)  for the words "Revenue Commissioner", occurring twice, the words "District Executive Officer Revenue" shall be substituted; and

  1.  after clause (5), the following new clause (5A) shall be inserted, namely:

"5A. Revenue Appellate Court.—"Revenue Appellate Court" means the Revenue Appellate Court established under the West Pakistan Land Revenue Act, 1967 (W.P. Act No. XVII of 1967).".

  1. In section 16, for the word "division", the word "district" shall be substituted.
  2. In sections 19 and 27, for the words "Revenue Commissioner", wherever occurring the words "District Executive Officer Revenue" shall be substituted.
  3. In section 35,—

(a) In sub-sections (3) and (5), for the word "Commissioner", wherever occurring the words "Revenue Appellate Court" shall be substituted; and
(b) In sub-section (4), for the words "Head Revenue Officer of the District", the words "District Collector" shall be substituted.

2.

Act No. I OF 1894.

The Land Acquisition Act, 1894.

1.    In section 3,—
(a) In clause (c), for the word "Commissioner" the words "District Executive Officer Revenue" shall be substituted; and
(b) after clause (g), the following new clause (h) shall be added, namely:
"(h) the expression "Revenue Appellate Court" means the Revenue Appellate Court established under the West Pakistan Land Revenue Act, 1967 (W.P. Act No. XVII of 1967).".

  1. In sections 5, 5A, 6, 7, 17, 35, 36, 38, 39, 40, 41, 48 and 49 for the word "Commissioner", wherever occurring, the words "District Executive Officer Revenue" shall be substituted.
  2. In section 18-B, for the word "Commissioner", wherever occurring, the words "Revenue Appellate Court" shall be substituted.

3.

NWFP Act No. XXV of 1950.

The North-West Frontier Province Tenancy Act,1950

  1. In sections 36, 47, 50, 51(1), 77, 78 and 80, for the word "Commissioner", wherever occurring, the words "District Executive Officer Revenue" shall be substituted.
  2. In section 47(5) and section 50(2), for the word "division", wherever occurring, the word "district" shall be substituted.
  3. In sections 49, 51(2), 52, 53 and 56, for the word "Commissioner", wherever occurring, the words "Revenue Appellate Court" shall be substituted.
  4. After section 77 the following new section 77A shall be added, namely:

"77A.    Establishment of Revenue Appellate Court.- Government shall establish one or more Revenue Courts for exercising powers under this Act within such local limits and for such class of cases as Government may direct and, except as otherwise so directed, any reference, under this Act, about procedure, control, subordination, etc., to a Revenue Officer or Revenue Court, as the case may be, shall be deemed to include, where the subject or context so admits, a reference to Revenue Appellate Court for all purposes connected with its powers and functions.".

4.

W.P. No. XIX of 1964.

West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964.

1.   In section 2,-

  1. in clause (c), for the word "Commissioner", occurring thrice, the words "District Executive Officer Revenue", and for the word "Division", the word "District" shall be substituted; and
  2. in clause (g), the full-slop occurring at the end shall be replaced by a semi-colon, and after clause (g), as so amended, the following new clause (h) shall be added, namely:

"(h) 'Revenue Appellate Court' means the Revenue Appellate Court established under the West Pakistan Land Revenue Act, 1967 (W.P. Act No. XVII of 1967).".
2.         In sections 14, 15 and 16, for the word "Commissioner", wherever occurring, the words "Revenue Appellate Court" shall be substituted.

 

W.P. Act No. XVII of 1967.

West Pakistan Land Revenue Act, 1967.

1.   For section 5, the following shall be substituted, namely:
"5. Province to be divided into Districts. —There shall be as many Districts in the Province, with such limits and such areas, as Government may, by notification, direct.”
2.   For section 6, the following shall be substituted, namely:
"6. District to be divided into sub-divisions, tehsils and sub-tehsils.— (1) Each District may be divided into such sub-divisions or tehsils, or sub-tehsils as Government may, by notification, specify and each sub-division may consist of tehsils and having such limits, as Government may, by notification, direct,
(2) Government may, by notification, vary the number and limits of Districts, sub-divisions, tehsils or sub-tehsils in the Province. ".
3.   For section 8, the following shall be substituted, namely:
"8. Appointment of Collectors. — For each District there shall be a Collector, who shall be appointed by Government, and who shall exercise throughout the District all the powers, and discharge all the duties of the Collector under this Act".
4.   For section 9, the following shall be substituted, namely:
"9. Additional Collector.— Government may appoint in any District an Additional Collector, who shall exercise throughout the District concerned all or any of the powers, and discharge all or any of the duties conferred or imposed on a Collector, by or under this Act,' subject to the general supervision and control of the Collector of the District.".
5.   After section 18, the following new section 18A shall be added,
namely:
"18A.   Establishment   of  Revenue   Appellate   Court.-
Government shall establish one or more Revenue Appellate Courts for exercising powers under this Act within such local limits and for such class or classes as Government may direct and, except as otherwise so directed, any reference, under this Act, about procedure, control, subordination, etc., to a Revenue Officer or Revenue Court, as the case may be, shall be deemed to include, where the subject or context so admits, a reference to Revenue Appellate Court for all purposes connected with its powers and functions.".

  1. In sections 7, 13, 14, 16, 60, 63, 69, 84, 89, 92, 101, 102, 103,104,107 and 108, for the word "Commissioner", wherever occurring, the words "District Excise Officer Revenue" shall be substituted.

In section 86, in sub-sections (4) and (6), after the words and comma "District or Tehsil," the words and comma "or sub-tehsil," shall be inserted.

  1. In   sections   161,   162,   163   and   164,   for the   word "Commissioner", wherever occurring, the words "Revenue Appellate Court" shall be substituted.
  2. In section 172, in sub-section (2), in clause (vii), after the words "District or Tehsil", the words "or sub-tehsil" shall be inserted.

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