THE NORTH-WEST FRONTIER PROVINCE LAWS (AMENDMENT) ORDINANCE, 1980. N.-W. F. P. ORDINANCE No. III OF 1980. 12TH APRIL, 1980. AN ORDINANCE to amend the Hazara Forest Act,l936, and the North-West Frontier Province Tenancy Act,1950.
Preamble
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:
Short title and commencement
(2) It shall come into force at once,
Amendment of section 9 and 26 of N.W.F.P Act VI of 1937.
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,—(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.
Amendment of N.W.F.P Act XXV of 1950, its application on Kaghan Valley.
(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.";
(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—
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.
(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:
"SCHEDULE" [See sections 2 (xxvii), 8B and 82A]
District
Sub-Division
2
3
Mansehra
THE NORTH-WEST FRONTIER PROVINCE (BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, PESHAWAR (AMENDMENT) ORDINANCE, 1980. N.-W. F. P. ORDINANCE NO. IV OF 1980. Peshawar, the 12th April, 1980. AN ORDINANCE further to amend the West Pakistan (Board of Intermediate and Secondary Education, Peshawar) Ordinance, 1961.
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.
(2) It shall come into force at once.
Amendment of section 4 of W.P Ord XIX of 1961.
(a) for clause (iv), the following clause shall be substituted, namely: ''(iv) the Director of Education (Colleges), North-West Frontier Province;"; and (b) after clause (iv), as substituted, the following new clause shall be inserted, namely. "(iva) the Director of Education (Schools), North-West Frontier Province".
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