The North-west Frontier Province Laws (amendment) Ordinance, 1980

N.-W. F. P. ORDINANCE No. III OF 1980.
12TH APRIL, 1980.
to amend the Hazara Forest Act,l936, and the North-West Frontier Province Tenancy Act,1950.
WHEREAS it is expedient to amend the Hazara Forest Act, 1936, Preamble, and the North-West Frontier Province Tenancy Act, 1950, in the manner hereinafter appearing;
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. I of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1.         (1) This Ordinance may be called the North-West Frontier Province short title and Laws (Amendment) Ordinance, 1980. commencement.
(2) It shall come into force at once,
2.         In the Hazara Forest Act, 1936 (N. W. F. P. Act VI of 1937), in Amendment of section 9 (1) and section 26, for the words "six months" and "five hundred section 9 and 26 of N.W.F.P rupees", the words "two years" and "ten thousand rupees" shall respectively Act VII of 1937. be substituted.
3.         In the North-West Frontier Province Tenancy Act, 1950 (N. W. F. Amendment of P. Act VI of 1950), in its application to the Kaghan Valley,—  N.W.F.P Act XXV of 1950, its application
(a) in section 2, after clause (xxvi), the following clauses shall be on Kaghan Valley added, namely,
"xxvii 'Kaghan Valley' means the area specified in the Schedule to this Act.
(xxviii) 'waste land' means the land recorded at settlement as Shamilat or common land or which has been specially reserved as a grazing ground or as a fuel and timber serve of a village under any law for the time being in force but does not include reserved forests, graveyards, sacred places, land recorded at settlement as part of the village, site and land shown as 'Khali" Banjar Jadid' in annual records.";


OF 1980.
(b) after section 8A, the following new section shall be inserted, namely:
"8.B. Rights and liabilities regarding rent.—Notwithstanding any thing to the contrary contained in any law for the time being in force, or any entry in a revenue record, or any decree or order of court of other authority but subject to any written agreement between the parties, every tenant in Kaghan Valley shall be liable to pay rent to his landlord, by division of the produce, at the following rates:
(a) in the case of bariabi, hotar and bari land, one-half of produce;
(b) in the case of bahir-de-abi mera and bela land, two fifth of the produce: and
(c) in other cases, one-fourth of the produce.
(2) Nothing in this section shall apply to the tenants holding land under the Provincial or the Federal Government.".
(c) after section 82( the following new sections shall be added,, namely:
"82-A. Power to Protect waste land.—(1) Whenever it appears to be necessary in Kaghan Valley to prohibit the braking up for cultivation of waste land or its occupation as sites for sheds, buildings or enclosure in order to the better protection of—

  1. the crests and slopes immediately below the crests of hills within the limits of tree vegetation,
  2. catchment-basins of streams, torrents or ravines,
  3. the banks and beds of rivers, streams. torrents and ravines
  4. steep-slopes.
  5. waste land which though not situated in any of the above positions, are nevertheless of such value of utility for the supply of forest-produce or otherwise that their breaking up or occupation would in the judgement of the Collector be inadvisable,

the Collector may issue orders prohibiting the breaking up or occupation of such waste land, and defining the area to which such prohibition shall extend, and may cause the limits of such area to be shown on the village map and to be demarcated on the ground with boundary-mark so far as may be necessary.


OF 1980.
(2) No such order as is referred to in sub-section (1) shall be cancelled by the Collector without the sanction of the Board of Revenue, but the Collector may, from time to time, revise such orders by altering the boundary of the protected land so as to include any particular plot the protection of which may appear to be necessary.
82 B.   Treatment of encroachment on common land.—Where waste land is broken into by cultivation or is occupied in contravention of an order under sub-section (1) of section 82A, the Collector on the application of any right holder in the village or of his own motion may cause to be summarily ejected the author of the encroachment and may direct that any building or enclosure erected or crop grown on such land in contravention of such order shall be confiscated to Government.
82 C.   Offences in waste land.—Whoever breaks up or occupies or abets in breaking up or occupying , or, being the owner or a joint owner of the land, permits the breaking up or occupation of any waste land protected under sections 82 A shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.
82 D.   Cognizance of offence.—(1).—The offence under section 82 C shall be cognizable.
(2) No Court shall taken cognizance of an offence under section 82 C, except on a report in writing of the facts constitution such offence made by the Collector or by an officer authorised by him in this behalf." and
(d) the following Schedule shall be added at the end, namely:


LAWS (AMENDMENT)       N.-W. F. P. ORD: No. III of 1980.



sections 2 (xxvii), 8B and 82A]


Name of Valley


Sub-  Area Division.




3   4


Kaghan Mansehra Mansehra 10, 05, 268 acres situated in the following
Villages :
(1) Mitikot. (2) Satbani. (3)Khait Sarash. (4) Jiggan. (5) Banbagar. (6) Hangarai. (7) Ghaneela. (8) Bambara Patlang. (9) Balakot, (10) Garlot. (11) Bagir. (12) Taranna (13) Shohal Najaf Khan. (14) Jabir Kalish. (15) Lasso Sultani (16) Kauuara. (17) Lasso Zamindari. (18) Shohal Mauzullah. (19) Pastseri. (20) Bajmori. (21) Nikot. (22) Bat Karar (23) Hassa. (24) Kumi Khan Giri. (25) Kanshian. (26) Bangian Josucha. (27) Hassam Abad. (28) Sangar. (29) Ganool. (30) Kouuai. (31) Sohan. (32) Paras. (33) Bela Sucha (34) Shakar Haa. (35) Choshal. (36) Boonja. (37) Jared. (38) Kalas Mamal. (39)Manoor Arshla Khan (40) Manoor Bostan. (41) Manoor Mohammad Jan. (42) Manoor Hafizullah (42) Phagil. (44) Kanial Ban. (45) Buttandes. (46) Kaghan".



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