THE NORTH-WEST FRONTIER PROVINCE TENANCY (AMENDMENT) ORDINANCE. 1986. 28th October, 1986. N.-W. F. P. ORDINANCE NO. VIII OF 1986. AN ORDINANCE further to amend the North-West Frontier Province Tenancy Act, 1950
AND WHEREAS the Provincial Assembly is not in session and the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan 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.
Insertion of sections 4B and 4C to N.W.F.P Act No XXV of 1950.
"4 B. Determination of occupancy tenancies in Government land.— (1) An occupancy tenant who, at the commencement of the North- West Frontier Province Tenancy (Amendment) Ordinance, 1986, occupies, in any rural areas, any land owned or administered by Government, shall, subject to other provisions of this section, become full owner thereof on payment of the compensation to Government at such rate, within such period and on such terms and conditions as may be prescribed by the Board of Revenue; Provided that where an occupancy tenant is in occupation of such land in excess of the limit fixed under any law for the time being in force, he shall have the right of ownership only to the extent of limit permissible under the said law and the land in excess of such limit shall vest in Government and shall be taken possession of by it free from any incumbrance or lease created by the tenant in respect of the excess land. (2) Where a tenant fails to pay the compensation as prescribed under sub-section (1), his right of occupancy shall forthwith extinguish and the land shall vest in, and be taken possession of by, Government free from any incumbrance or lease created by the tenant in respect thereof.
(3) Any occupancy tenant acquiring land under this section shall acquire it free from any incumnrance, if any, created by Government in respect of that land. EXPLANATION.—In this section—
4C. Purchasers to have right of occupancy in certain cases—Where an occupancy tenant has, before the commencement of the North-West Frontier Province Tenancy (Amendment) Ordinance, 1986, sold the land or any portion thereof in respect of which he held the right of occupancy to any other person, then notwithstanding any thing to the contrary contained in clause (xix) of section 2, the vender or his successor-in-interest alone, in respect of that land or, as the case may be, a portion thereof, be deemed to be the occupancy tenant for the purposes of section 4 B.".