THE WEST PAKISTAN LAND REVENUE ACT, 1967. WEST PAKISTAN ACT NO. XVII OF 1967 CONTENTS.
CHAPTER I – PRELIMINARY
CHAPTER – II DIVISION AND DISTRICTS.
CHAPTER III – APPOINTMENT AND POWERS OF REVENUE OFFICERS. Appointment.
CHAPTER I—PROCEDURE OF REVENUE OFFICERS
34. Costs35 Penalty.
CHAPTER V—VILLAGE OFFICERS. Sections.
CHAPTER VIII —COLLECTIONS OF LAND REVENUE. Sections. 74. Liability for payment of land-revenue. 75. Security for Payment of Land revenue. 76. Orders to regulate payment of land-revenue. 77. Rules to regulate collection, remission and suspension of land-revenue.
81. Notice of demand.
99. Consequences of failure to pay deposit.
110. Mode of payment for movable property when sale is subject to confirmation.
115. Application of Chapter VIII to sums recoverable under this Chapter. 116. Revenue survey may be introduced by Board of Revenue in any part of Province.
122. Effect of the settlement of boundary.
CHAPTER XII—ARBITRATION. 151. Power to refer to arbitration. 1 52. Order of reference and contents thereof.
CHAPTER- XIII APPEAL, REVIFW AND REVISION. Sections.
CHAPTER—XIV SUPPLEMENTAL PROVISIONS Revenue Deposits.
CHAPTER XV MISCELLANEOUS Sections.
THE WEST PAKISTAN LAND-REVENUE ACT, 1967. WEST PAKISTAN ACT NO. XVII OF 1967. [7th December, 1967]. [First published, after having received the assent of the Governor of West Pakistan, in the Gazette of West Pakistan (Extraordinary), dated the 7th December, 1967]AN ACT to consolidate and amend the law relating to Land Revenue in the Province of West Pakistan.
It is hereby enacted as follows:
Short title, extent and commencement.
(2) 2[It extends to the whole of the 3(North-West Frontier Province]. (3) It or any specified provision thereof shall come into operation in such area or areas and on such date or dates as Government may, by notification, appoint in this behalf.
Power to expect any area from provisions unsuited thereto.
1. For Statement of Objects and Reasons, see Gazette of W. P. 267 Extraordinary dated 7th December, 1967, Pages 36.03 to 3656. 2. This Act came into force on the 1st day of January 1968 by the Govt. of W. P. Revenue Department Notification No. 599/67/3l2 U (1) dated 14th December, 1967 see Extraordinary Gazette of W.P. Page 823. 3. In section 1 in sub-section (2) the words "West Pakistan", he words "North-West Frontier Province" subs, by N. W. F. P. A. L, O. 1975
(2) While such exception as aforesaid remains in force, Government may frame rules for the regulation of the matters so excepted. So for as may be, the rules shall be consistent with the provisions of this Act and shall specify the period for which such exception shall remain in force.
3. (1) Except so far as may be necessary for the record, recovery and administration of village-cess, or for purposes of survey, nothing in this Act applies to land which is occupied as the site of a town or village, and is not assessed to land-revenue.
(2) It shall be lawful for the Collector acting under the general or special orders of the Board of Revenue, to determine, for the purposes of this Act, what lands are included within the site of a town or village, and to fix and from time to time to vary the limits of the same, regard being had to all the subsisting right of the landowners.
4. In this Act, unless there is anything repugnant in the subject or context:—
(i) for which a separate record-of-rights has been made; or (ii) which has been separately assessed to land-revenue; or (iii) which the Board of Revenue may, by general rule or special order, declare to be an estate; (10) "holding" means a share or portion of an estate held by one land-owner or jointly by two or more land-owners; 1[(10A) ''irrigated land' means land irrigated by a canal, tubewell, well, jhalar, karez, spring or by any other artificial means of irrigation;
1 Added by N. W. F. P Act No 1 of 1976
Explanation— Ordinary expenses of cultivation include payments, if any, which the land-owner customarily bears, whether in kind or in cash, and whether in whole or in part in respect of— (a) water rates. (b) maintenance of means of irrigation, (c) Maintenance of embankments (d) supply of seed, (e) supply of manure, (f) improved implements of husbandry, (g) concessions with regard to fodder, (h) special abatements made for fallow or bad harvests, (i) cost of collection of rent. (j) allowance for shortage in collection of rent, (k) interest charges payable in respect of advances made in cash, free of interest, to tenants for the purpose of cultivation. (l) wages or customary dues paid to village auxiliaries whose products or labour are utilized for the purposes of cultivation and harvesting; and the share that would be retainable by a tenant if the land were let to a tenant paying rent, whether in cash or in kind, at the normal rate actually prevalent in the estate or group of estates; (17) 'Patwari" shall be deemed to include a Tapedar and a Special or Additional Tapedar; (18) "pay'' with its grammatical variations and cognate expressions, includes, when used with reference to rent, "deliver"; and "render", with their grammatical variations and cognate expressions; (19) "prescribed" mean prescribed by rules made under this, Act; ; (20) "rates and cesses" means rates and cesses which are primarily payable by land-owners, and include— (a) the local rate, if any. payable under any law for the time being in force, and any fee similarly leviable from land-owners for the use of, or benefit derived from, embankments and works for supply or storage of water for agricultural purposes and for the preservation and reclamation of soil and drainage and reclamation of swamps;
(b) any annual rate chargeable on owners o land under any law for the time being in force for the benefit-derived from drainage works carried on for the public health, or for the improvement of land or for the proper cultivation or irrigation thereof, or for the protection from floods or other accumulations of water, or from erosion by a river:
(23) "Revenue Officer" means a Revenue Officer having authority under this Act to discharge the function of a Revenue Officer; (24) "survey mark' means any mark set up by the Department of Survey of Pakistan; • (25) "survey number" or "Khasra number" means a portion of land of which the area, is separately entered under an indicative number in the record-of-rights; (26) "tenant" means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person, and includes the predecessors and successors-in-interest of such person, but does not include—
(27) "tenancy” means a parcel of land held by a tenant under one lease or one set of conditions;
1[(27-A) "unirrigated land ' means land other than irrigated land, and includes land fed by rains, floods, hill torrents and uncultivable or waste land;] (28) "Village Officer means any person appointed under this Act whose duty it is to collect or to supervise the collection of the revenue of an estate, and includes Kanungos, Patwaries, Zabits kotars or Tapedars, Peons, Arhabs, Rais and Headmen (Lambardars).
CHAPTER II DIVISIONS AND DISTRICTS
5. There shall be as many Divisions in the Province, with such limits and such areas, as Government may, by notification, direct.
Division to be divided into Districts and District into Subdivision ,etc.
6. (1) Each Division shall be divided into such Districts, and each District may be divided into such Sub-Divisions or Tehsils (which also) include Talukas) 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 Divisions. Districts, Sub-Divisions or Tehsils in the Province.
CHAPTER III APPOINTMENT AND POWERS OF REVENUE OFFICERS Appointment
7. (1) There shall be the following classes of Revenue Officers, namely:—-
(a) the Board of Revenue; (b) the Commissioner;
1. Added by N.W.P.P. Art No. 1 of 1976.
(2) The Deputy Commissioner of the District or the officer performing for the time being functions as such, shall be the Collector thereof.
Appointment of Commissioner and Collectors.
9. Government may appoint in any Division an Additional Commissioner or in any District an Additional Collector, who shall exercise throughout the Division or District concerned all or any of the powers and discharge all or any of the duties conferred or imposed on a Commissioner or Collector, as the case may be, by or under this Act, subject to the general supervision and control of the Commissioner of the Division in the case of Additional Commissioner, and the Collector of the District in the case of Additional Collector..
Additional Commissioners and Additional Collector.
10. (1) Government may appoint to each District as many Assistant Collectors of the first and second grade as it may deem expedient.
(2) Government, may place the revenue administration of a Sub-Division in a District in the charge of any Assistant Collector of the first grade appointed to that District and confer all or any of the powers of the Collector on such officer under sub-section (1) of section 16. (3) If any of the powers of a Collector, under this Act are conferred on an Assistant Collector they shall be exercised by him subject to the control of the Collector.
12. The appointment of all officers under this chapter shall be by notification.
Certain appointments to be notified.
Superintendence and control of Revenue Officers.
Power to distribute business and withdraw and transfer cases.
14. (1) The Board of Revenue may, by written order distribute, in such manner as may be deemed fit, and business cognizable by any Revenue Officer under its control, and by like order, withdraw any case pending before any such Officer.
(2) The powers exercisable by the Board of Revenue under sub-section (1) may, by like order and in like manner be exercised by a Commissioner or Collector in respect of any business cognizable by, or any case pending before, other Revenue Officers under their respective control. (3) Where a case is withdrawn by the Board of Revenue under sub-section (1), the Board may dispose of it itself, or by written order, refer it for disposal to any Revenue Officer; and where a case is withdrawn by a Commissioner or Collector under sub-section (2) the Commissioner or Collector, as the case may be, may dispose of it himself, or by like order, refer it to any other Revenue Officer under his control (4) No order under this section shall empower any Revenue Officer to exercise any powers or deal with any business which would not be competent to exercise or deal with within the local limits of his own jurisdiction.
15. It shall be lawful for Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the officers provided for in this Chapter.
Conferment powers of Revenue Officers.
16. (1) Government may, by notification confer on any person all or any of the powers of a Commissioner or-collector under this Act, and may, in like manner, withdraw, such powers.
(2) The Board of Revenue may by notification, conter on any person all or any of the powers of an assistant Collector under this Act, and may, in like manner withdraw such powers.
(3) A person on whom powers are conferred under this section shall exercise those powers within such local limits and in such classes of cases as Government or the Board of Revenue, as the case may be, may direct and, except as otherwise so directed, such person shall, for all purposes connected with the exercise thereof, be deemed to be the Commissioner, Collector or Assistant Collector, as the case may be.
Function of revenue Officers
18. When a Revenue Officer of any class who has, under the provisions of this Act, any powers to be exercised in any local area to another as a Revenue Officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless Government or the Board of Revenue, as the case may be, otherwise directs or has directed
Retention of powers by Revenue Officers on transfer.
CHAPTER IV PROCEDURE OF REVENUE OFFICERS
Subordination of Revenue Officers.
20. (1) The Board of Revenue may, with the previous approval of Government make rules, not inconsistent with this Act, for regulating the procedure of Revenue Officers in cases in which a procedure has not been provided for by this Act.
Powers to make rules as to procedure.
(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment under this Act from, and delivery of possession of, immovable property and rules providing for those matters may confer on any Revenue Officer all or any of the powers in regard to contempts, resistance, and the like, which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property.
(3) Subject to the rules made under this section, a Revenue Officer may refer any case which he is empowered to dispose of under this Act to another Revenue Officer subordinate to him for investigation and report, and may decide the case upon such report after giving the parties concerned an opportunity of being heard
21. (1) Appearance before a Revenue Officer, and applications to, and acts to be done before him, under this Act may be made or done—(a) by the parties themselves; or (b) by their authorised agents or legal practitioners;
Provided that the employment of an authorised agent or legal practitioner shall not excuse the personal attendance of a party to any case in which personal attendance is specially required by an order of the Revenue Officer.(2) The fees of a legal practitioner shall not be allowed as costs in any proceedings before a Revenue Officer under this Act unless that Officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.
22. (1) A Revenue Officer may summon any parson whose attendance he considers necessary for the purpose of any business before him as a Revenue Officer. (2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorised agent or a legal practitioner;
Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908), shall be applicable to requisitions for attendance under this section. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the Revenue Officer may require.
23. Every summons shall be in writing, in duplicate and shall state the purpose for which it is issued, and shall be signed by the Revenue Officer issuing it, and if he has a seal, shall also bear his seal.
Summons to be in writing signed and sealed.
24. (1) A summons issued by a Revenue Officer shall if practicable, be served (a) personally on the person to whom it is addressed or, failing him, (b) on his authorised agent or (c) an adult male member of his family usually residing with him.
Mode of service of summons.
(2) If service cannot be "effected in the manner provided in sub-section (1) or if acceptance of service is refused, the summons may be served by affixing a copy thereof at the usual or last known place of residence of the person to whom it is addressed or, if that person does not reside in the District in which the Revenue Officer is employed and the case to which the summons relates has reference to land in that District, the summons may be served by—
(3) If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonable practicably it may, if the Revenue Officer so directs, be served by delivery of a copy there of to such of those persons as the Revenue Officer nominates in this behalf, and by proclamation of the contents thereof for the information of the other person interested.
Mode of service of notice, order or proclamation, or copy thereof.
25. (1) A notice, order or proclamation, or a copy of any such document, issued by a Revenue Officer for service on any person, shall be served in the manner provided in section 24 for the service of a summons.
(2) No such notice, order or proclamation or copy thereof shall be deemed void on account of any error in the name or designation of any person referred to therein, unless such error has occasioned substantial injustice.
26. When a proclamation is issued by a Revenue Officer, it shall, in addition to any other mode of publication which may be prescribed by or under this Act, be made by beat of drum or other customary method and by affixing a copy thereof on a conspicuous place in or near the land to which it relates.
Inquiries under the Act to be deemed judicial proceedings.
27. (1) Every inquiry under this Act shall be deemed to be a "judicial proceeding" within the meaning of sections 193,219 and 228 of the Pakistan Penal Code 1860 (Act XLV of 1860) and the Revenue Officer holding an inquiry shall be deemed to be a Court for the purposes of such inquiry.
(2) Every hearing and decision in such inquiry shall be in public, and the parties or their authorised agents shall have due notice to attend.
28. Government may by notification, declare what shall for the purposes of this Act, be deemed to be the language in ordinary use in any specified part of the Province.
Arrest of defaulter to be made upon warrant.
29. Whenever it is provided by this Act that a defaulter maybe be arrested, such arrest shall be made upon a warrant issued by the Revenue officer competent to direct such person's arrest.
Power of Revenue Officer to enter upon any lands or premises for purpose of measurements, etc.
30. It shall be lawful for any Revenue Officer, and any person acting, under the orders of a Revenue Officer, at any time to enter, when necessary for the purpose of measurement, demarcation, fixation or inspection of boundaries or boundary marks, classification of soil, or assessment, or for any other purpose connected with the lawful exercise of this office under the provisions of this Act, or any other law for the time being in force relating to land-revenue, upon any lands or premises, whether belonging to Government or to private individuals;
Provided that no premises used as human dwelling shall be entered upon except with the consent of the occupier thereof, or without serving on the occupier a notice of not less than seven days in the prescribed form. Provided father that due regard shall always be paid to the social and religious prejudices of the occupiers. (1) A Revenue Officer, other than an Assistant Collector of the first grade, may exercise his powers under this Act at any place within the limits of his jurisdiction. (2) An Assistant Collector of the first grade may exercise his powers at any place within the District in which he is employed.
Proceedings held on holidays.
33. Government may from time to time by notification, prescribe what Revenue Officers shall use a seal and what size and description of seal shall he used by each of such Officers.
34. A Revenue Officer may give and apportion the costs of any proceedings under this Act in any manner he thinks fit.
Provided that if he orders that the cost of any such proceedings shall not follow the event, he shall record his reasons for the order.
CHAPTER VVILLAGE OFFICERS
Rules regulating appointments etc, of Village Officers.
Village Officers, cess.
37. (1) Government may, by notification, impose on all or any of the estates in the Province, a cess to be called the Village Officers' cess, at such rate or rates, not exceeding 1[ten] per centum of the land-revenue, as it may think fit, for remunerating Village Officers, other than those who are Government servants.
(2) The Board of Revenue may, with the previous approval of Government make rules for the collection, control and distribution of the Village Officers' cess.
38. (1) The remuneration of a Village Officer mentioned under sub-section (1) of section 37 shall not be liable to attachment in execution of a decree or order of a Civil or Revenue Court.
(2) An assignment of, or charge on, or an agreement to assign or charge, any such remuneration shall be void unless it is authorised by rules made by the Board of Revenue in this behalf.
CHAPTER VI RECORDS
Records-of-Rights and Periodical Records.
39. (1) Save as otherwise provided by this Chapter there shall be a record-of-rights for each estate.
(2) The record-of-rights for an estate shall include the following documents, namely:— (a) statements showing, so for as may be practicable— (i) the persons who are land-owners, tenants or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein; (ii) the nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto; and (iii) the rent, land-revenue, rates, cesses or other payments, due from and to each of those persons and to Government;
1. Subs by N.W.F.P. Act No. XI of 1976.
Making of special revision of record of rights.
41. (1) The Collector shall cause to be prepared by the Patwari of each estate periodically, as the Board of Revenue may direct, an edition of any record-of-rights amended in accordance with the provisions of this Chapter.
Procedure for Making Records.
Making of that part of periodical records which relates to land owners.
three months from the date of such acquisition, report his acquisition of right to the patwari of the estate, who shall -
(c) send a copy of the report, within a week of its receipt by him, to the Union Committee, Town Committee or Union Council within which the estate is situated.
(5) If the Patwari fails to record or to display a report made to him under sub-section(l) or sub-section (2), the person making the report may make the report, in writing, to the Revenue Officer concerned and the Chairman of the Union Committee, Town Committee or Union Council in which the estate is situated by registered post acknowledgement due and the Revenue Officer shall there-upon cause such report to be entered in the register of mutations. (6) A Revenue Officer shall, from time to time, inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-section report should have been made to the Patwari and entries made in that register, and shall in each case make such order as he thinks fit with respect to any entry in the periodical record of the right acquired.
(9) Where a Revenue Officer makes an order under sub-section (6) in regard to the acquisition of any right, an entry shall be made in the periodical record by the insertion therein of a description of the right acquired and by the omission from such record of any entry in any record previously prepared, which, by reason of the acquisition, has ceased to be correct. (10) If within three months of the making of a report of the acquisition of a right under sub-section (1) or sub-section (2), or the recording by the Patwari of an entry in the Roznamcha under sub-section (3) respecting the acquisition of any right no order is made by the Revenue Officer under sub-section (6), he shall report the cause of delay to the Collector in the prescribed manner. (11) The Revenue Officer shall, in the prescribed manner, send or cause to be sent, the gist of an order made by him under sub-section (6), to the person, whose right is acquired, and also to the Union Committee,Town Committee or Union Council in which the estate is situated.
Making of that part of periodical record which relates to other persons.
Determination of disputes.
44. (1) If during the making, revision or preparatiop of any record, or in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or on the application of any party interested, but subject to the provisions of section 45 and after such inquiry as he thinks fit, determine the entry to be made as to that matter and record his reasons there for.
(2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall'— (a) if he be not below the rank of Assistant Collector of the first grade, ascertain, after an inquiry in which an opportunity shall be given to all the parties, to the dispute of being heard and adducing evidence in support of their claims, who is the person best entitled to the property, and shall by written order direct that the person be put in possession thereof, and that entry in accordance with that order be made in the record or register; and (b) if he be below the rank of Assistant Collector of the first grade, report the matter to the Assistant Collector of the first grade, who shall thereupon proceed in the manner provided in clause (a). (3) A direction under sub-section (3) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.
45. Entries in a record-of-rights or in a periodical record, except entries made in periodical records by Patwari under clause (a) of section 43 with respect to undisputed acquisitions of interest referred to in that section, shall not be varied in subsequent records otherwise than by—
46. (1) The Board of Revenue may fix a seal of fees for ail or any classes of entries in any record or register under this Chapter and for copies of any such entries.
(2) A fee in respect of any entry shall be payable by the person in whose favour the entry is made.
Obligation to furnish information necessary for the preparation of records.
(2) The Revenue Officer or Patwari to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall give a written acknowledgement thereof to the person furnishing or producing the same, and shall endorse on any such document a note over his signature, stating the fact of its production and the date thereof.
Rights of Government and presumptions with respect thereto and to other matters.
Rights of Government in mines and minerals.
Explanation.— For the purposes of this section, "Government', in relation to nuclear energy, mineral oil and natural gas, shall mean the Central Government, and in relation to other mines and minerals, the Government of West Pakistan.
Presumption as to ownership of forests, quarries and waste-lands.
50. (1) When in any record-of-rights completed on or before the eighteenth day of November, 1871, in territories where the Punjab Land Revenue Act, 1887 (Punjab Act XVII of 1887), was, with or without modifications, inforce immediately before the commencement of this Act, 1[xxx] it is not expressly provided that any forest or quarry, or any unclaimed, unoccupied, deserted or waste-land or any spontaneous produce or other necessary interest in land belongs to the land-owners, it shall be presumed to belong to Government.
that the forest, quarry, land, produce or interest was taken into account in the assessment of the land-revenue. (4) Until the presumption is so rebutted, the forest, quarry, land, produce, or interest shall be held to belong to Government.
51. (1) Whenever, in the exercise of any right of Government referred to in sections 49 and 50, the rights of any person are infringed by the occupation or disturbance of the surface of any land, Government shall pay, or cause to be paid, to that person compensation for the infringement.
(2) The compensation shall be determined, as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894 (Act I of 1894).
1. Omitted by N. W. F.P . Adaptation of laws Order. 1975.
52. An entry made in a record-of-rights in accordance with the law for the time being in force, or in a periodical record in accordancewith the provisions of this Chapter and the rules made thereunder, shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefore.
Presumption in favor of entries in records of rights and periodical records.
53. If any person considers himself aggrieved by an entry in a record-of-rights or in a periodical record as to any right of which he is in possession, he may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877 (Act I of 1877).
Suit for declaratory decrees by persons aggrieved by and entry in a record.
Record of rights and periodical records for groups of estates.
1[54.A—(1) The Board of revenue may, by notification, require a land-owner or a class of land owners to furnish such information as to the extent of his or their ownership of land, whether such land is situated wholly within the- province or partly within and partly outside the Province, in such form and manner, with in such time and to such person or authority as may be specified in the notification.
Power to call for information.
55. The Board of Revenue may, with the previous approval of Government, make rules— (a) prescribing the language in which records and registers under this Chapter are to be made;
Powers to make rules respecting records and other matters connected there with.
1. Section 54-A inserted by N.W.F.P. Ord. No. II of 1976 and N.W.F.P. Act No. I of 1976.
(b) prescribing the form of those records and registers, and the manner in which they are to be prepared, signed and attested; (c) for the survey of land so far as may be necessary for the preparation and correction of those records and registers; (d) for the conduct of inquiries by Revenue Officers under this Chapter ; and (e) generally for the guidance of Revenue Officers and Village Officers in matters pertaining to records and registers mentioned or referred to in this chapter. CHAPTER VII ASSESSMENT
56. (1) All land, to whatever purpose applied and wherever situate, is liable to the payment of land-revenue to Government, except—
(a) such land as has been wholly exempted from that liability by special contract with Government, or, by the provisions of any law for the time being in force; (b) such land as is included in village sit;
1[(f) Land on the produce of which Ushr or Contribution in lieu thereof has been Charged in accordance with the Zakat and Ushr Ordinance, 1980 (XVIII of 1980)1. (2) Land-revenue shall be assessed in cash.
(3) Land-revenue may be assessed—
Provided that land-revenue shall not be assessed in the form of sliding scales varying annually according to the market price of any agricultural produce prevailing during a specified period of (he year.
Exemption of land revenue.
57. (1) The assessment of land-revenue shall be based on an estimate of the average money value of the gross produce of an estate or a group of estates, in which the land concerned is situated.
Basis of assessment
(2) Such estimate shall be made in the prescribed manner.
Limit of assessment
59. (1) Assessments of land-revenue may be general or special. (2) A general assessment or re-assessment of the land-revenue of any area shall not be undertaken without the previous sanction of Government and notification of that sanction.
Notification of intended reassessment and instruction as to principles of assessment.
(3) In granting such sanction Government may give such instructions consistent with the provisions of this Act and the rules made thereunder as it may deem fit.
60. (1) A general assessment shall be made by a Revenue Officer.
(2) Before making such assessment the Revenue Officer shall report through the Commissioner for the sanction of the Board of Revenue his proposals with regard thereto.
61. (1) After consideration of the proposals submitted by the Revenue Officer under the provisions of section 60, the Board of Revenue shall pass such orders as it may deem fit, subject to the provisions of sub-section (3) and (4), and on the receipt of such orders the Revenue Officer shall make an order determining the assessment proper for each estate concerned and shall announce it in such manner as Government may by rule prescribe.
(2) At the time of announcing the assessment the Revenue Officer shall also declare the date from which it is to take effect, and, subject to the other provisions of this Act, it shall take effect accordingly. (3) Subject to the provisions of sub-section (4), the average rate of assessment imposed under the provisions of sub-section (1) on any assessment circle forming part of any area in respect of which a notification has been issued under sub-section (2) of section 59 shall not exceed the rate of assessment imposed at the last previous assessment by more than one-fourth; provided that the rate of assessment imposed on any estate shall not exceed the rate of assessment of the last previous assessment on the estate by more than one-half. (4) The provisions of sub-section (3) shall not be applicable in the case of land which has not been previously assessed to land-revenue or in which canal irrigation has been introduced after the date of the orders passed under the provisions of sub-section(l) at the last previous assessment, or in the case of an area which has been notified by Government to be an urban assessment circle and for the purpose of calculating the increase in the incidence of the land- revenue for the purpose of sub-section(3) all such land shall be excluded from calculation.
Provided that in the case of lands in which canal irrigation has been introduced after the date specified in this sub-section, the average rate of assessment shall not, so far as may be, exceed the average rate of assessment of lands of similar kind imposed und i sub-section (3).
application for reconsideration of assessment.
(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.
Confirmation and duration of assessment.
(2) At any time before an assessment is so confirmed the Commissioner or Board of Revenue may, subject to the provisions of sub-section (3), modify the assessment of any estate. (3) Before an enhancement is ordered under the provisions of sub-section (2), the Commissioner or the Board of Revenue, as the case may be, shall cause reasonable notice to be given to the land-owners by proclamation published in the manner described, in section 26, to show cause in a petition addressed to the Revenue Officer why the proposed enhancement should not be ordered and the Revenue Officer shall enquire into any objections raised by any land owner and submit such petition received by him with his report thereon to the Commissioner or the Board of Revenue, who shall consider the petition and the report and shall also hear the petitioner if the petitioner so desires.
Duration of assessment.
(2) The period fixed under sub-section (1) shall be twenty-five years;
Provided that a period not exceeding twenty-five years and not shorter than ten years may be fixed for any area, specified by the Board of Revenue, in which canal irrigation has been introduced after the date of the orders passed under the provisions of sub-section (1) of section 61 at the last previous assessment or in which it has been proposed to introduce such irrigation during the period fixed.
65. Notwithstanding the expiration of the period fixed for the continuance of an assessment under the last foregoing section, the assessment shall remain in force till a new assessment takes effect
Refusal to be liable for assessment and consequences thereof.
66. (1) At any time within ninety days from the date of the announcement of an assessment, the land-owner or, where there are more land-owners than one, any of them who would be individually or collectively liable for more than half the sum assessed, may give notice to the Revenue Officer of refusal to be liable for the assessment.
Distribution of the assessment of an estate over the holdings comprised there in.
67. (1) If the assessment announced under section 61 is in whole or in part a fixed assessment of an estate for a term of years, the Revenue Officer shall, before the date on which the first installment thereof becomes payable, make an order distributing it over the several holdings comprised the estate and make and publish a record of the distribution.
(4) Notwithstanding anything contained in this section arid land (whether cultivated or not) in which well or tube-well irrigation facilities are provided by or on behalf of the land-owner or the tenant shall, for a period not less than four years from the date such irrigation facilities are first provided in such land, not be liable to pay land-revenue at a higher rate than was payable the-eon before such irrigation facilities were provided. Explanation For the purpose of this sub-section only such land shall be deemed to be arid land in which canal irrigation has not been introduced.
Application for amendment of the distribution of an assessment
Appeals from orders under section 62 and 68
(e) when revenue due to the Government on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water, or on ac- count of other rights described in section 49 or section 50, has not been included in an assessment made under the foregoing provisions of this chapter:, (f) when waste and barren land becomes liable to the payment of land-revenue. (2) The Board of Revenue may confirm any assessment made under this section.
(3) The foregoing provisions of this Chapter with respect to general assessment shall, subject to such modifications thereof as the Board of Revenue may prescribe by executive instructions issued under the provisions of section 73, regulate the procedure of Revenue Officers making special assessments 1[70-A. Increase in land revenue .—Notwithstanding anything to the contrary contained in this Act, from Rabi 1982-83, every land owner of the categories mentioned below shall, in addition to the land revenue to which he may be assessed under the provisions of section 57 and section 70, be liable to pay land revenue at the enhanced rate mentioned against each category; (a) a land owner owning—
(i) irrigated land exceeding two and a half acres but not exceeding twelve and a half acres; or
(ii) un-irrigated land exceeding five acres but not exceeding twenty-five acres; or
50 per cent increase on land revenue determined under the provisions of section 57 and sec lion 70.
(iii) irrigated and unirrigated land the aggregate area of which does not exceed twelve and a half acres of irrigated land, as determined under section 70-B.
(b) a land owner owning—
(i) irrigated land exceeding twelve and a half acres but not exceeding twenty-five acres: or
(ii) un-irrigated land exceeding twenty-five acres but not exceeding fifty acres: or
100 per cent increase on land revenue determined under the provisions of section 57 and section 70.
(iii) irrigated and un-irrigated land the aggregate area of which dose not
1. sections, 70-A 70-B. 70-C. 70-D, 70-E inserted by N.W.F.P. Ord. No. II and Act No. I of 1976. Section, 70- As Subs. by N.W.F.P. Ord. No. VI of 1983. s. 4.
exceed twenty acres of irrigated land, as determined under section 70B.
(c) a land owner owning—
(i) irrigated land exceeding twenty-five acres but not exceeding fifty acres; or
(ii) un-irrigated land exceeding fifty acres but not exceeding one hundred acres; or
200 per cent increase on land revenue determined under the provisions of section 57 and section 70.
(iii) irrigated and un-irrigated land the aggregate area of which does not exceed fifty acres of irrigated land, as determined under section 70-B.
(d) a land owner owning –
(i) irrigated land exceeding fifty acres but not exceeding one hundred acres; or
(ii) un-irrigated land exceeding one hundred acres but not exceeding two hundred acres,.
300 per cent increase on land revenue deter-mined under the provisions of section 57 and section 70.
(iii) irrigated and un-irrigated land the aggregate area of which does not exceed one hundred acres of irrigated land, as determined under section 70-B
Determination of ownership
70 B. —for the purposes of section 56-A and 70-A —
(i) land described in clauses (b), (c) and (d) of section 56; and (ii) share in shamilat of a village where the total area of such shamilat does not exceed 25 acres; and (c) land-owner,, shall include a person— (i) who is an allottee or a grantee of any land under any scheme of the Government, under which such allotment or grant is to mature into ownership; (ii) who has mortgaged his land, or any portion (hereof with possession; or (iii) who has permanent rights and interest in 'and.
70-C (1) A person who after the 10th day of November 1975, acquires land or increases the extent of his ownership of land ,'and by such acquisition owns land in more than one patwar circle, whether such land is situated within the province or partly within and partly outside the province, shall inform such authority within such time, in such manner and form as the Board of Revenue may, by notification, specify in this behalf.
(2) A land-owner who fails without reasonable cause to comply with the provisions of sub-section (1) or the rules or orders made thereunder or willfully furnishes incomplete or false information shall be deemed to have committed an offence under the provisions of sub-section (2) of section 54—A.
70-D— (1) Any land-owner entitled to exemption under section 56 or section 56—A from the payment of land revenue or reduction in land-revenue chargeable under section 70—A, who has not been granted such exemption or land redaction or any
owner being aggrieved by the categorization of his land under section 70-A may, at any time make an application, in such form and manner as may be specified by the Board of revenue to the Assistant Collector of the area in which his land or any part thereof is situated.
Provided that before passing final order he shall afford the person likely to be affected by such order an opportunity of being heard. (4) In exercising his powers under sub-section (2) or sub-section (3), the Assistant Collector shall- (a) not question the correctness or validity of a registered deed or any mutation sanctioned in accordance with law relating to transfer of land; (b) follow, subject to the other provisions of this section, the procedure as may be laid down by the Board of Revenue by notified instruction in this behalf. (5) Any person aggrieved by an order passed under sub-section (2) or subsection (3) may, within one month from the date of such order, prefer an appeal to the Collector, whose order thereon shall, subject to the powers of revision of the Board of Revenue, be final.
70-E Method of exemption or assessment of land revenue.
Power to make rules.
(71) Government shall , subject to the provisions of section 72, from time to time, make rules prescribing—
Procedure was to be followed in making Rules.
72. Before making any rule under the provisions of section, 71, Government shall, in addition to observing the procedure laid down in section 22 of the West Pakistan General Clauses Act, 1956 (W.P. Act VI of 1956), publish, by notification, a draft of the proposed rule for the information of persons likely to be affected thereby.
Power to issue instructions.
73. Government or the Board of revenue with the approval of Government may, for the guidance of Revenue Officers from time to time, issue executive instructions relating to all matters to which the provisions of this Chapter apply; provided that such instruction shall be consistent with the provisions of this Act and the rules made thereunder.
CHAPTER VIII COLLECTION OF LAND REVENUE
Liability for payment of land-revenue.
75. (1) The land-revenue for the time being assessed and payable in respect of a holding shall be the first charge upon the rents, profits and produce thereof.
Security for payment of land-revenue
(2) Save with the previous consent of the Collector, the rents, profits and produce of a holding shall not be liable to be taken in execution of a decree or order of any Court until the land-revenue chargeable against the rents, profits or produce or any arrear of land-revenue due in respect of the holding, have been paid.
Orders to regulate payment of land-revenue
(2) Until the Board of revenue otherwise directs, land revenue shall be payable by installments at the times and places and in the manner, by at and in which it is payable immediately before the commencement of this Act.
Rules to regulate collection, remission and suspension of land-revenue.
78. The costs of any process issued under this Chapter shall be recoverable as part of the arrear of land revenue in respect of which the process was issued.
Costs recoverable as part of arrear
79. A statement of account certified by a Revenue Officer shall be conclusive proof of the existence of an arrear of land revenue, of its amount and of the person who is the defaulter.
Certified account to be evidence as to arrear.
Process for recovery of arrears.
80. Subject to the other provisions of this Act, an arrear of land -revenue may be recovered by any one or more of the following processes, namely :-
(f) by annulment, under section 86. of the assessment of that holding; (g) by sale of that holding under section 88 ; (h) by proceedings against other immovable property of the defaulter under section 90.
81. 1[(1)] A notice of demand may be issued by Revenue Officer on or after the day following that on which an arrear of land revenue accrues.
2[(2) The notice referred to in sub-section (1) shall be served in the manner provided in sub-sections (1) (2) and (3) of section 24, and a copy thereof shall, wherever practicable, be also forwarded by registered post to the defaulter].
82. 3[(1)] If after lapse of fifteen days of the service of notice of demand under section 81 on a defaulter, the arrears of land-revenue due from him, or any part thereof, remain unpaid, the Revenue Officer may issue a warrant directing an officer named there in to arrest the defaulter and bring him before the Revenue Officer.
1. In section-81, at the beginning re-numbered as sub-section (1) by N. W. F. P. Act No. XI of 1976, S.3. 2. After sub-section (1) new sub-section (2) added ibid.3. Sub-section (1) of section 82, subs, ibid s.4. (a). 4. Sub-section (2) of section 82, omitted ibids: 4 (b).
(3) When the defaulter is brought before the Revenue Officer, the Revenue Officer may cause him to be taken before the Collector, or may keep him under personal restraint for a period not exceeding ten days and then, if the arrear is still unpaid, cause him to be taken before the Collector. (4) Where the Revenue Officer keeping a defaulter under personal restraint is an Assistant Collector of the second grade, he shall without delay report his action to the Collector, if the period of such restraint exceed twenty-four hours. (5) When the defaulter is brought before the Collector, the Collector may issue an order to the Officer-in-Charge of the Civil Jail of the District, directing him to confine the defaulter in jail for such period, not exceeding one month from the date of the order, as the Collector thinks fit. (6) The process of arrest and detention shall not be executed against a defaulter who is a female, a minor, a lunatic or an idiot. (7) A warrant of arrest issued against a defaulter under subsection (1) shall not be executed, if the arrears due from him are paid or the defaulter furnishes security in the manner provided in clause (b) of sub-section (8). (8) Any defaulter, who, under sub-section (3) is being kept under personal restraint, or under sub-section (5) is being confined in the Civil Jail, shall forthwith be set at liberty- (a) on the arrears due from such defaulter being paid; or (b) on the defaulter furnishing to the Revenue Officer ordering his arrest or the Collector, security to the satisfaction of the Revenue Officer or the Collector, as the case may be, for the payment of the arrears due from him.
Distress and sale of movable property and crops.
(2) The distress and sale shall be conducted, as nearly as may be, in accordance with the law for the time being in force for the attachment and sale of movable property under the decree of a Revenue Court:
provided that, in addition to the particulars exempted by any law for the time being in force from liability to sale, so much of the produce of the land of the defaulter as the Collector think necessary for seedgrain and for the subsistence, until the harvest next following of the defaulter and his family, and of any cattle exempted by that law shall be exempted from sale." under this section.
84. (1) At any time after an arrear of land-revenue has accrued on the holding, the Collector may transfer the holding to any person being a land -owner of the estate in which such holding is situated and not being a defaulter in respect of his own holding on condition of his paying the arrear being put in possession of the holding and on such further conditions as the collector may deem fit to impose:
Provided that no order shall be passed under this subsection for the transfer of a holding unless the processes specified in clauses (b) and (c) of section 80 have first been taken against the land-owner. (2) The transfer may, as the Collector thinks fit be either till the end of the agricultural year in which the defaulter pays to the transferee the amount of the arrear which the transfere paid before being put in possession of the holding, or for a term not exceeding fifteen years from the commencement of the agricultural year next following the date of the transfer.
(5) When the transfer is for a term, the holding shall on the expiration of the term, be restored by the Collector to the defaulter free of any claim on the part of Government or the transferee for any arrear of land-revenue or rates and cess due in respect thereof
85. (1) The Collector may instead of transferring under section 84 a holding in respect of which an arrear of land-revenue had accrued, cause such holding to be attached and taken under his own management or that of an agent appointed by him for that purpose.
Attachment of holding
86. (1) When an arrear of land-revenue has been due for a longer period than one year, and the foregoing processes are not deemed sufficient for the recovery thereof, the Board of Revenue may in addition to or instead of all or any of these processes, order the existing assessment of the holding in respect of which the arrear is due to be annulled.
Annulment of assessment of holding.
(2) The provisions of this section shall not be put in force for the recovery of an arrear of land-revenue which has accrued on land—
(3) When the assessment of any land has been annulled under sub-section (1), the collector may, with the previous sanction of the Board of Revenue, manage the land either himself or through an agent, or let it in farm to any person willing to accept the farm for such term and on such conditions as may be sanctioned by the Board of Revenue. Provided that the term for which land may be so managed or fanned shall not be longer than ten years from the commencement of the agricultural year next following the date of the annulment.
(7) The Board of Revenue may direct that any contract made by the defaulter, or by any person through whom the defaulter claims with respect to any land comprised in a holding of which the assessment has been annuled, shall not be binding on the Collector or his agent or farmer during the period the holding remains under the management of the Collector or his agent or is let-in-farm.
87. (1) When any land is attached under section 85, or when the assessment of any land has been annulled under section 86, the Collector shall make proclamation thereof.
Sale of holding.
88. When an arrear of land-revenue has accrued and the foregoing processes are not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of the Board
of Revenue may, in addittion to, or instead of, all or any of those processes, and subject to the provisions hereinafter contained, sell the holding in respect of which the arroar is due: Provided that land shall not be sold for the recovery of-
(c) any arrear which has accrued while the land was held under direct management by the Collector or in farm by any other person under section 86, after either an annulment of assessment or a refusal to be liable therefor.
Effect of sale on Encumbrances.
(2) Nothing in sub-section (1) shall affect— (a) any lease at a fair rent , temporary or perpetual for the erection of a dwelling house or manual factory or for a mine, garden, tank, canal place of worship or burial ground , so long as the land continue to be used for the purpose specified in the lease; or (b) any encumbrance, grant or contract in respect of which the Commissioner is satisfied was entered into in good faith, and is proclaimed as hereinafter provided.
Proceeding against other immovable property of defaulter.
provided that no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made or contract entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against (2) When the Collector decides to proceed under this section against immovable property other than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or charging of the property.
Remedies open to person denying liability for an arrear.
91. (i) Notwithstanding anything in section 79, when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in Civil Court for the recovery of the amount so paid.
(2) A suit under sub-section(l) must be instituted in a Court having jurisdiction in the place where the office of the Collector of the District in which the area for some part thereof accrued is situate.
Proclamation of sale.
92. (1) On the receipt of the sanction of the Board of Revenue to the sale of any immovable property, the Collector shall issue a proclamation of the intended sale, specifying—
(c) if the property is to be sold for the recovery of an arrcar due in respect thereof, the encumbrances, grants and contracts, if any, served by the orders of the Commissioner under clause (b) of subsection (2) of section 89; (d) if any property is to be sold otherwise than for the recovery of an arrear due in respect thereof, any encumbrance, grant or contract to which the property is known to be liable; and (e) the amount for the recovery of which the sale is ordered. (2) The place of sale specified under clause (a) of sub-section (1), shall be either the office of the Collector or some other place appointed by the Collector in this behalf and situate in or near the property to be sold.
Indemnity to Revenue Officer with respect to contents of proclamation
94. A copy of the proclamation shall be served on the defaulter and be affixed in a conspicuous part of the office of the Tehsildar of the Tehsil in which the property to be sold is situate and shall also be posted in the office of the Collector.
Publication of proclamation
95. (1) The sale shall not take place on a l [Friday] or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was posted in the office of the Collector.
Time and conduct of sale
(2) The sale shall be by publication and shall be conducted either by the Collector in person or by a revenue officer specially appointed by him in this behalf.
Power to post pone sale.
1. In section 95 the word "Sunday" subs, by the word "Friday", by N. W. F. P. Ordinance No. III of 1985, section 2 read with schedule.
Stay of sale.
97. If at any time before the bidding at an auction is completed, the defaulter or any other person having interest in the land or in immovable property pays the arrear in respect of which the property has been proclaimed for sale, together with the costs incurred for the recovery thereof, to the officer conducting the sale or proves to the satisfaction of that officer that he has already paid the same either at the place and in the manner prescribed under section 76 or into Government ueasury, the sale shall be stayed.
Deposit by purchaser in case of sale of immovable property.
98. When the highest bid at an auction has been ascertained the person who made that bid shall, on the requisition of the officer conducting the sale, pay to that officer a deposit of twenty five percentum on the amount of his bid and shall, on payment thereof, be declared to be the purchaser, subject to the exercise of any right of pre-emption under the law in force for the time being.
Consequences of failure to pay deposit.
99. If the person who made the highest bid fails to pay the deposit as required by section 98, the property shall forthwith be put to auction again and sold and all expenses attending the first sale, and the deficiency of price, if any, which may happen on the re-sale may be recovered from him by the Collector as if the same were an arrear of land-revenue.
Time for payment in full.
100. The full amount of the purchase money shall be paid by the purchaser before the close of the thirtieth day from that on which he was declared to be the purchaser.
Procedure in default of payment.
101. In default of payment of the full amount of the purchase money within the period mentioned in section 100, the deposit referred to in section 98, shall, after defraying the expenses of the sale, be forfeited to Government and may, if the Collector with the previous sanction of the commissioner so directs, be applied in reduction of tho arrear, and the property shall be re-sold, and the defaulting purchaser shall have no claim to the property or to any part of the sum for which it may subsequently be sold.
Report of sale to Commissioner.
102. Every sale of immovable property under this Chapter shall be reported by the Collector to the Commissioner..
103. (1) At any time within thirty days from the date of the sale, application may be made to the commissioner to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.
Application to set aside sale.
(2) A sale shall not be set aside on any of the grounds specified in sub-section (1) unless the applicant proves to the satisfaction of the Commissioner that he has sustained substantial injury by reason of the irregularity or mistake.
Order confirming or setting aside sale.
(2) If at any time within thirty days from the date of the sale the defaulter pays the arrear in respect of which the property has been sold, together with the costs incurred for the recovery of such arrear. the Commissioner shall make an order setting aside the sale.
Refund or deposit of purchase money when sale set aside.
106. A sale made after a post-ponement under section 96 and a resale consequent on a purchasers default under section 101, or on the setting aside of a sale under section 104, shall be made after the issue of a fresh proclamation in the manner provided for in section 94.
Proclamation after postponement or on resale.
107. (1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold. and shall grant him a certificate to the effect that he has purchased that property.
On confirmation of sale possession and certificate to be granted to purchaser.
(2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and it was so sold, shall set forth the encumbrances, grants and contracts, if any, specified in the proclamation of the sale as saved by order of the Commissioner under clause (b) of sub-section (2) of section 89. (3) The certificate shall be deemed to be a valid transfer of the property but need not be registered as conveyance. (4) Any suit brought in any Court against the certified purchaser on the ground that the purchase was made on behalf of a person other than the certified purchaser shall not be maintainable.
(5) The certified purchaser of any immovable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale and be liable for all installments of land revenue and rates and cesses Calling due in respect thereof after the date.
108. (1) The provisions of sections 92/93, 94, 95, 96, 97, 103, 104, 105, andl06, shall apply, so far as they can be made applicable, to sale of movable property, other than perishable articles, and as if—
(2) perishable articles shall be said by auction with the least possible delay in accordance with such order as may from time to time be mad by the Collector, either generally or specially in that behalf, and the sale of such article shall be finally concluded on the spot by the officer conducting such sale and shall not require confirmation.
109. (1) When the sale of any perishable article finally concluded by the officer conducting the same, the price of every lot shall be paid for at the time of sale , or as soon thereafter as the said officer may fix, and in default of such payment the property shall forthwith be again put to auction and sold.
(2) On payment of the purchase money, the officer conducting the sale shall grant a receipt for the same and the sale shall become absolute as against all persons whomsoever.
110. (1)In case of sale of movable property, other than perishable articles, the party who is declared to be the purchaser shall be required to deposit immediately twenty-five per centum on the amount of his bid, and in default of such deposit the property shall forthwith again put to auction and sold.
(2) The full amount of purchase money shall be paid by the purchaser before the close of the seventh day after he is informed of the sale having been confirmed, or if the said day be a 1 [Friday] or, other holiday, then before the close of the first working day after such day.
1. Subs: by N.W. P. P. Ord No. Ill of 1985.
(3) On receipt of the full amount of the purchase money, the purchaser shall be granted a receipt for the sale, and the sale shall become absolute as against all persons whomsoever.
Proceeds of sale
112. (1) If any claim shall be set up by a third persons to move-able or immoveable property attached under the provisions of this Chapter, the Collector shall admit or reject his claim on an inquiry as provided in section 27.
Claime to attached movable or immovable property how to be disposed of
(2) If the claim be admitted, wholly or partly, the property shall be dealt with accordingly and except in so far as it is admitted the property shall be sold and the title of the purchaser shall be good for all purposes, and the proceeds shall be disposed of in accordance with the provisions of section 111.
1. In section 110, in sub-section (2) for the word "Sunday", the word "Friday"„ subs, by N. W. F. P. Ord. No. 111 of 1985, section 2, read with schedule.
CHAPTER IX RECOVERY OF OTHER DEMANDS BY REVENUE OFFICERS
113. When a Village Officer required by rules under section 36 to collect any land revenue or sum recoverable as an arrear of land-revenue—
the Revenue Officer may, subject to rules which the Board of Revenue may make in this behalf, recover such revenue or sum, from the person from whom it is due, or the Village Officer by whom it was collected, as the case may be, as arrears of land-revenue.
114. In addition to any sums recoverable as arrears of land-revenue under this Act or any other enactment for the time being in force, the following sums may be so recovered, namely:—
(c) sums payable to government by a person who is surety for the payment of any of the foregoing sums or of any other sum recoverable as an arrear of land-revenue.
115. (1) The provisions of Chapter VIII shall, with respect to any sum mentioned or referred to in this Chapter, apply, so far as they can be made applicable as if the sum were an arrear of land-revenue, and the person from whom, either as principal or as surety, it is due were defaulter in respect of such an arrear.
Applicant of chapter VIII to sums recoverable under this chapter
(2) Unless any such sums is declared by any enactment for the time being in force to be recoverable as if it were an arrear of land-revenue due in respect of the land charged therewith, the provisions of section 90 shall apply under sub-section (1) to the recovery thereof.
CHAPTER X SURVEYS AND BOUNDARIES
Revenue survey may be introduced by Board of revenue in any part of province.
117. (1) A Revenue Officer may, for the purpose of framing any record or manning any assessment under this Act or on the application of any person interested, define the limits of any estate, or of any holding, field or other portion of an estate, and may, for the purpose of indicating those limits, require boundary marks to be erected or repaired,
Power of revenue officers to define boundaries.
(2) In defining the limits of any land under sub-section (1), the Revenue Officer may cause boundary marks to be erected on any boundary already determined by, or by order of any Court or Revenue Officer or any Forest Settlement Officer appointed under the Forest Act, 1927 (Act, XVI of 1927) or already set up by or by order of, any court or any such Officer.
118 (1) When any land is being surveyed in pursuance of rules under clause (c) of section 55 or under section 116, any Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interest in the land to attend personally or through authorised agent, and indicate within a specified time, by temporary marks of a kind to be described in the notice or proclamation the limits of those rights, or interests
(2) If a person to whom the notice or proclamation is addressed fails to comply with requisition, he shall be liable, at the discretion of the Revenue Officer, to a fine which may extend to fifty rupees.
119 (1) It shall be lawfull for the Revenue Officer to call upon all owners of land and other persons interested therein to assist 'in the measurement or classification of the lands to which the survey extends by providing flag-holders and chainmen, and such owners shall be bound to provide suitable persons to act as flag holders and chainmen.
(2) if the owners of land fail to provide suitable persons to act as fiage-holder* and chainmen, or do not provide them in sufficient number, and it becomes necessary to employ hired labour for the object aforesaid, or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof with all contingent expenses, on the lands surveyed, for collection as an arrear of land -revenue from such owners.
120. (1) If it is found necessary to make a survey by an agency other than that of Revenue Officer and Village Officer, the Board of Revenue may publish a notification stating—
(a) the local area to be surveyed and the nature of the survey; (b) the names or official designation of the officer by whom the survey is to be made; and (e) the kind of boundary marks to be erected by those officer.
(2) From the date of the notification, the officers specified therein, and the persons acting under their orders, shall have, for the purposes of the survey, the powers conferred on Revenue Officers by section 30.
Power of band of revenue to make rules for demarcation of boundaries and erection of boundary marks.
(2) Rules under this section may prescribe, among other matters, the form of boundary marks and the material to be used on their construction.
Effect of the settlement of boundary.
(2) Where a boundary has been so fixed, the Collector may under rules to be framed in this behalf be the Board of Revenue with the previous approval of Government, evict any land-owner who is wrongfully in possession of any land which has been adjudged in the settleraet of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.
Power to fix boundary between reverain estates.
(2) Upon an order being made under sub-section (1) the Collector shall fix a boundary line between such estates or portions of such estates accordingly, and shall demarcate the same, in accordance with the provisions of section 117, and of the rules, if any, made under section 121.
(3) Every such boundary line snail be fixed with due regard the history of the estates and the interests of the persons respectively owning them or possessing rights therein, in such manner as may be just and equitable in the circumstances of each case. (4) No such boundary line shall be deemed to have been permanently fixed until it has been approved by the Commissioner. Explanation— In this section , and in section 124, 125 and 126, "Collector" shall be deemed to include any Revenue Officer appointed by Government to perform the functions of Collector under all or any of the provisions thereof
124. (1) Every boundary line fixed in accordance with the provisions of section 123 shall, notwithstanding any thing to the contrary in any law rule of custom or usage, or order or decree of any Court or other authority, be fixed as constant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to the other provisions of this section, vest in the land owners of the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate situate.
(2) If, by the operation of sub-section (1) the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation, or reasonable fit for cultivation, or yields any produce of substantial value be transferred from the land owners and other right holders of any one estate, to the land owner of any other estate, the Collector shall by written order, direct that the rights in such land shall not subject to the provisions of section 125, 126 and 127 be so transferred unless and until the land in respect of which any such order is made ceases to be reasonably fit for cultivation or to yield any produce of substantial value, and upon any such order being made, the transfer of the rights in such land shall be suspended accordingly. (3) When any portion of the land specified in any order made under sub-section (2) ceases to be reasonably fit for cultivation to yield any produce of substantial value, the order shall, when the Collector, in writing directs, cease to operate to that portion.
(4) The decision of the Collector as to whether, for the purpose of sub-section (2), any land is or is not reasonably fit for cultivation or does or does not yield produce of substantial value, shall be final.
Application for immediate transfer of rights
126. (1) When an application under section 125 is made, the Collector shall—
Award of compensation and extinguishments of rights thereby.
(d) inform the applicant of the aggregate amount of compensation so awarded and require him to deposit the amount with the Collector on or before a day to be fixed by him in that behalf; Provided that, notwithstanding any thing contained in this sub-section, shall be lawful for the Collector , in his discretion and at any time before an award of compensation thereon, has been made, to reject such application. (2) In awarding compensation under sub-section (1), the Collector shall be guided by the provisions of section 23 and section 24 of the Land Acquisition Act, 1894 (Act, No. 1 of 1894), so far as the same may be applicable to the circumstances of the case.
(3) On the fifteenth day of May next after the whole amount of compensation so awarded has been deposited with the Collector, the order made under sub-section(2) of section 124 shall cease to operate, and the right specified therein shall be transferred and vest in the manner provided for in sub-section (1) of that section, and the Collector shall proceed to tender the compensation to the persons severally entitled to receive the same under his award. (4) If any such person as aforesaid refuses to accept the sum so awarded and tendered to him, it shall be placed to his credit in Government treasury. (5) When any order made under sub-section (2) of section 124 ceased, under the provisions of sub-section(3) of the said section to operate, all right reserved to any person by such order shall be extinguished.
127. Notwithstanding the provisions of sections 124, 125 and 126, when any person possessing any rights in any land in regard to the rights in which an order has been made under sub-section (2) of section 124, voluntarily transfers such rights to any land owner of the estate, in the land owner of which but for such order such rights would vest under the operation of sub-section (1) of that section to such order and vest in the land-owners to whom they have been so transferred.
Rights transferred to be liable to all the incidents of tenure of the estate of which the transfer is made.
128. In every case in which, under the provisions of section 124, or sections 125 and 126, or section 127, proprietary or other rights in land are transferred from the land-owners, and other right-holders of any one estate to the land-owners of any other estate, such rights shall be subject to all the incidents of tenure and liabilities which, under any law or custom for the time being in force, apply to the rights of the land-owners of the estate to which such rights are so transferred.
Cost of erection and repair of boundary and survey marks.
129 (1) Subject to any rules which the Board of Revenue may, with the previous approval of Government make in this behalf, boundary and survey marks shall be erected and kept in repair by or at the cost of the person interested in the land for the indication of the limits of which they are required.
Provided that Government may in any case direct that the cost of erection shall be borne by Government or be paid out of the proceeds of the Village Officers cess.
(2) "It shall be the duty of the Village Officers to prevent the destruction or unauthorised alteration of village boundary and survey marks.
130. (1) If the persons interested in the land fail to erect or repair a boundary or survey mark within thirty days from the date of their being required by a Revenue Officer to do so, the Revenue Officer may cause it to be erected or repained.
Recovery of cost incurred by Government .
131. Every land-owner shall be responsible for the maintenance and good repair of the boundary and survey marks of his holding, and for any charges reasonably incurred on account of the same by the Revenue Officer incases of alteration, removal or disrepair.
Responsibility for the maintenance of boundary and survey marks
132. Every Village Officer of an estate shall be bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to, any boundary or survey mark lawfully erected in the estate.
Report of destruction or removal of or injury to boundary or survey marks.
133. (1) Save as may specifically be other wise provided for in the rules made in this behalf by the Board of Revenue, with the previous approval of Government, land measurement or survey shall be based on square system or rectangulation, and no survey and khasra number under shall be made less than one acre in area.
Land measurement or survey to be based in a square system or rectengulation
The rules made under sub-section (1) may also lay down conditions for and restriction upon sub-division of survey or khasra numbers.
(2) The imposition of a fine under this section shall not bar prosecution under section 434 of the Pakistan penal code (Act XLV of 1860).
CHAPTER XI PARTITION
135. Any joint owner of land may apply to a Revenue Officer for partition of his share in the land if—
Restrictions and limitations on partition.
136. Notwithstanding the provisions of section 135—(a) Places of worship and burial grounds held in common before partition shall continue to be so held after partition; and
(b) partition of any of the following properties, namely :— (i) any embankment, water-course, well or tank and any land on which the supply of water to any such work may depend; (ii) any grazing ground; and (iii) any land which is occupied as the site of a town or village, may be refused if, in the opinion of the Revenue Officer, the partition of such property is likely to cause inconvenience to the co-sharers or other persons directly or indirectly interested therein, or to diminish the utility thereof to those persons.
137. The Revenue Officer, on receiving the application under section 135 shall, if it is in order, and not against the provisions of the West Pakistan Land Reforms Regulation, 1959 (Martial Law Regulation No. 64), and not open to objection on the face of it, fix a day for the hearing thereof, and—
(a) cause notice of the application and of the day so fixed to be served on such of the recorded co-sharers as haw not joined in the application; and
(b) if he thinks fit, cause notice to be served on or proclaimed for the information of any other persons whom he may deem to be directly or indirectly interested in the application.
Addition of parties to application.
139. After examining such of the co-sharers and other persons may be present on that day, the Revenue Officer may, if he is of opinion that there is good and sufficient cause for partition to be disallowed, reject the application, recording that grounds for such rejection.
Disallowance of partition.
140. If the Revenue Officer does not reject the application under section 139, he shall ascertain the questions, if any, in dispute between any of the persons interested, distinguishing between.—
Procedure on admission of application.
(a) questions as to title in the property of which partition is sought; and (b) questions as to the property to be divided or the mode making the partition.
Disposal of question as to title in the property to be divided.
(2) Where the Revenue Officer does not himself proceed to determine the question of title as a Civil Court, for reasons to be recorded by him in this behalf, require a party specified by him to file a suit in a Civil Court, within such period not exceeding ninety days from the date of his order as he may fix, for obtaining decision regarding the question. (3) On the filing of a civil suit by the party required so to do within the specified Period, the Revenue Officer shall suspend further action on the application for partition till the said civil suit is decided by the Court and a copy of the Court's order is produced before him.
(4) In case the party so required fails to file a suit within the specified period, the Revenue Officer may proceed with the partition and decide the question of title himself. (5) Where the Revenue Officer himself proceeds to determine the question, the following rules shall apply, namely:— (a) If the question is one over which a Revenue Court has jurisdiction, the Revenue Officer shall proceed as a Revenue Court under the law for the time being in force. (b) If the question is one over which a civil Court has jurisdiction, the procedure of the Revenue Officer shall be that applicable to trial of an original suit by a Civil Court, and he shall record a judgement and a decree containing the particulars required by the code of Civil procedure, 1908 (Act V of 1908), to be specified therein. (c) An appeal shall lie from the decree of the Revenue Officer under clause (b) as though that decree were a decree of a Civil Judge in an original suit. (d) Upon such an appeal being made, the District Court or the High Court, as the case may be, may issue an injunction to the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal. (e) From the appellate decree of a District court upon such an appeal, a further appeal shall lie to the High Court, if such further appeal is allowed by the law for the time being in force.
142. (1) When there is a question as to the property to be divided, or the mode of making a partition, the revenue Officer shall, after such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.
(2) An appeal may be preferred from an order under subsection (1) within thirty days from the date thereof, and, when such as appeal is preferred and the institution there of has been certified to the Revenue Officer by the authority to whom the appeal has been preferred, the Revenue Officer shall stay further proceedings pending the disposal of the appeal.
(3) If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his share, he shall be permitted to withdraw there from on such terms as the Revenue Officer thinks fit. (4) When an applicant withdraws under the provisions of sub-section (3) the Revenue Officer may, where the other applicants, if any, desire the continuance of the proceedings, continue them in so far as they relate to the partition of the shares of those other applicants.
Administration of property excluded from partition
144 (1) The amount of revenue to be paid in respect of each of the holdings in to which land has been divided on a partition shall be determined by the Revenue Officer making the partition.
Distribution o revenue and rent after partition.
(2) The decision of the Revenue Officer under sub-section (l)as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate is subject to a fix d assessment, be deemed to be an order under sub-section (1) of section 67. (3) Where new estates have been created at a partition and the land-revenue has been fraudulently or erroneously distributed among them , the Board of Revenue may, within twelve years from the time of discovery of the fraud or error, order a new distribution of the land revenue among the several estates, on an estimate of the assets of each estate at the time of the partition to be made conformably to the best evidence and information procurable respecting the same.
Instrument of partition.
146. An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings and their legal representatives, and a Revenue Officer shall, on application made to him for the purpose by any such owner at any time within
Affirmation of possession of property allotted on partition.
three years from the date recorded in the instrument of partition under section 145, give effect to that instrument so far as it concerns the applicant as if it were a decree for immovable property.
147. (11) in any case in which a partition has been made without the intervention of a Revenue Officer, any party thereto may apply in a Revenue Officer, for an order affirming the partition.
(2) On receiving the application, the Revenue Officer shall enquire, in to the case, and if he finds that the partition has in fact been made, he may make an order affirming it and proceed under sections 143, 144, 145 and 146, or any of those sections, as circumstances may require, in the same manner as if the partition has been made on an application to himself under this Chapter.
148. The Board of Revenue may, with the previous approval of Government, make rules for determining the costs of partitions under this Chapter and the mode in which such costs are to be apportioned.
Redistribution of land according to custom.
149. When by established custom, any land in an estate is subject to periodical redistribution, a Revenue Officer may, on the application of any of the land owners, enforce the re-distribution according to the custom, and for this purpose may exercise all or any of the powers of a Revenue Officer in proceedings of partition.
Officers who may be empowered to act under this chapter.
150. The Revenue Officer by whom proceedings may be taken under this Chapter shall be a Revenue Officer not below an Assistant Collector of the First Grade.
CHAPTER XII – ARBITRATION
151. (1) Any Revenue Officer may, with the consent of the Parties, refer to arbitration any dispute arising before him in any matter under this Act,.
(2) A Collector, or any Assistant Collector of the First Grade may, without the consent of the parties, refer to arbitration any dispute before him with respect to— (a) any matter of which an entry is to be made in any record or register under Chapter VI; (b) any matter relating to the distribution of an assessment under section 67.; (c) the limits of any estate or of any holding, field, or other portion of an estate; or (d) the property to be divided at a partition or the mode of making partition.
152. (1) In referring a dispute to arbitration, a Revenue Officer shall make an order of reference and specify therein the precise matter submitted to arbitration, the number of arbitrators which each party to the dispute is to nominate, the period within which arbitrators and to be nominated, and the period within which the award is to be delivered.
Order of reference and contents thereof.
(2) The number of arbitrators which each party may nominate must be the same and must not exceed two.(3) If from any cause arbitrators are not nominated or an award is not a delivered with in the period fixed for in the order of reference, the Revenue Officer, may, from time to time extend that period, or may cancel the order of reference.
Nomination of arbitrators.
(2) The Revenue Officer may for reasons to be recorded by him, make an order disallowing any nomination made by either party and requiring the party to make an other nomination within a time to be specified in the order. (3) An order under sub-section (2) shall be final.
Substitution of arbitrators by parties
155. In any of the following cases, namely:—
Nomination and substitution of arbitrators by revenue officers.
(d) if an arbitrator nominated by the Revenue Officer dies, desires to be discharged, or refuses or become in capable to act, the Revenue Officer may nominate a person as arbitrator.
156. (1) The Revenue Officer shall, on the application of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators desire to examine as he may issue in any proceedings under this Act before himself.
Award of arbitrators and presentation there of .
157. (1) The arbitrators shall make an award in writing under their hands concerning the matters referred to them for arbitration and state therein their reasons therefore, and any arbitrator dissenting from the award made by a majority of the arbitrators shall state the grounds of his dissent.
(2) The arbitrators shall present the award to the Revenue Officer in person or by agent, or send the same to him by registered post.
158. (1) When the award has been received, the Revenue Officer shall fix a date for the consideration of the award.
(2) on the date fixed under sub-section (1) or on any subsequent date to which an adjournment may be made, the Revenue Officer shall hear any objection which the parties may have to mate to the award.
159. (1) The Revenue Officer may accept, modify or reject the award, recording his reasons for doing so in his decision respecting the dispute which was referred to arbitration.
(2) An appeal shall lie from the decision of the Revenue Officer made under sub-section (1) as if arbitrators had not been appoint.
160. Nothing in the Arbitration Act, 1940 (Act X of 1940) shall apply to any arbitration under this Chapter.
CHAPTFR XIII APPEAL, REVIEW AND REVISION
Provided that— (i) when an original order is confirmed on first appeal, further appeal shall not lie; (ii) when any such order is modified or reversed on appeal by the collector, the order made by the commissioner on further appeal, if any to him shall be final.Explanation— (1) An order passed in review, modifying or reversing a previous order, shall be deemed to be an original order for the purposes of this section. (2) An order shall not be confirmed, modified or reversed in appeal unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of or against the order appealed from.
Limitation for appeals.
163. (1) A Commissioner, Collector or an Assistant Collector, may, at any time, on his own motion, review any order passed by himself or any of his predecessor n office, and on so reviewing modify, reverse or confirm the s me.
(2) Any person considering himself aggrieved by an order passed by a Commissioner, collector or an Assistant Collector and who , from the discovery of new, and important matter evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was passed or on account of some mistake apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the order passed against him may apply for a review of the order to the commissioner, collector or Assistant Collector, as the case may be, and such officer may modify reverse or confirm any order passed by himself or by any of his predecessors in office; provided that- (a) an order passed by his predecessor-in-office shall not be reviewed under sub-section (1) or subsection (2) by the---- (i) Commissioner, without first obtaining the sanction of the Board of Revenue; (ii) Collector, without first obtaining the sanction of the Commissioner, and no order shall be reviewed by any other Revenue Officer, without first obtaining the sanction of the Revenue Officer to whose control to is immediately subject; (b) an application for review of an order shall not be entertained unless it is made within nine days from the passing of the order, or unless the applicant satisfies the Revenue Officer that he had sufficient cause for not making the application within that period; (c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected there by to appear and be heard in support of the order .; (d) order against which an appeal has been preferred shall not be reviewed. (3) For the purposes of this section, the Collector shall be deemed to be successor in-office of any Revenue Officer of a lower class who has left the district or has ceased to exercise power as a Revenue Officer, and to whom there is no successor in office. (4) An appeal shall not lie from an order refusing to review or confirming on review a previous order,.
164. (1) The Board of Revenue, may, at any time, on its own motion, or on an application made to it within ninety days of the passing of any order, call for the record of any case pending before, or disposed of by, any Revenue Officer subordinate to it,.
Provided that no order shall be passed under this section reversing or modifying any proceedings or order of a subordinate Revenue Officer affecting any person without giving such person an opportunity of being heard.
Stay of proceeding and execution of orders and decrees.
(2) No order for stay of execution shall be made under sub-section (1), unless the authority making it is satisfied that
(c) where necessary security has been given by the applicant for the due performance of such order or decree as may ultimately be binding upon him.
Clerical mistakes, etc.
166. Clerical or arithmetical mistakes in any decree or order made by any Revenue Officer, or errors therein from any accidental slip or omission may, at any time, be corrected by such officer.
Explanation— In this section, "Officer" includes the successor in-office of the Officer.
167. In the computation of the period for an appeal from or an application for the review or revision of an order under this Act, the limitation there for shall be governed by the provisions of the limitation Act,1908 (Act, IX of 1908).
CHAPTER XIV SUPPLEMENTAL PROVISIONS Revenue Deposits
168. (1) In cither of the following cases, namely—(a) when a headman or other land-owner to whom any sum other than rent is payable on account of liability under this Act, refuses to receive the sum from, or to grant a receipt there for to the person by whom it is payable or
(b) when the person by whom any such sum is payable is in doubt as to the headman or other land entitled to receive it, that person may apply to a Revenue Officer for leave to deposit the sum in his office, and the Revenue Officer shall receive the deposit if, after examining in the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof. (2) When a deposit has been so received, the liability of the deposit or to the headman or other land owner, for the amount thereof shall be discharged,.
169. (1) If the deposit purports to be made on account of any payment due to Government, it may be credited accordingly.
(2) A Revenue Officer receiving a deposit purporting to be made on any other account shall give notice of the receipt thereof to every person who, he has reason to believe, claims or is entitled to the deposit and may pay the amount there to any person
appearing to him to be entitled to the same, or may, if he thinks fit retain the deposit pending the decision of a Civil Court as to the person so entitled. (3) No suit or other proceeding shall be instituted against Government or the Board of Revenue, or against any servant of the state in respect of any thing done in good faith by a Revenue Officer under this section, but nothing herein shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by Revenue Officer.
170. Orders issued by any Civil or Criminal Courts for the attachment, sale or delivery of any land or for the attachment or sale of the produce of any land, shall be addressed to the Collector or such Revenue Officer as the Collector may appoint in this behalf, and be executed by the Collector or that officer in accordance with the provisions of the law applicable to the Court issuing the orders, and with any rules not inconsistent there with made by the Board of Revenue with the concurrence of the High Court and the previous approval of Government.
Orders of Civil and Criminal Courts for execution of processes against land etc.
171 (1) The attachment of the produce of any land in pursuance of any order of any Court or other authority shall not prevent the Person to whom the produce belongs from reaping gathering or storing it or doing any other act necessary for its preservation.
Preservation of attached produce.
Exclusion of Jurisdiction of Civil Courts.
Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of revenue officers.
(2) Without prejudice to the generality of the provisions of sub-section (1), a Civil Court shall not exercise jurisdiction over any of the following matters, namely: (i) any question as to the limits of any land which has* been defined by a Revenue Officer as land to which this Act does or does not apply: (ii) any claim to compel the discharge of any duties imposed by this Act or any other enactment for the time being in force on any Revenue Officer an such; (iii) any claim to the Office of a village officer or in respect of any injury caused by exclusion from such office, or to compel the discharge of the duties, or a division of the emoluments thereof: (v) any notification directing the making or revision of a record-of-rights; (v) the farming of a record-of-rights or periodical re-cord, or the preparation, signing or attestation of any of the documents included in such a record; (vi) the correction of any entry in a record-of-rights, periodical record or register of mutations: (vii) any notification of the undertaking of general re-assessment of a District or Tehsil having been sanctioned by Government; (viii) any objection to the amount or rate of any assessment or land revenue to the period thereof authorised by Government; (ix) the claim of any person to be liable for an assessment of land revenue or of any other revenue as assessed under this Act; (x) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act; (xi) the amount of, or the Liability of any person to pay, any other revenue to be assessed under this Act or a any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force.
(xii) Any claim relating to the allowance to be received by a land-owner who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any person to be liable for an assessment under this Act; (xiii) the formation of an estate or determination of its boundaries; (xiv) Any claim to hold free of revenue any land, mills fisheries or natural products of land or water; (xv) any claim connected with, or arising out of the collection by Government, or the enforcement by Government of any process for the recovery of land-revenue or any sum recoverable as an arrear of land revenue; (xvi) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land revenue; (xvii) the amount of, or the liability of any person to pay, any cess, fees, fines, costs of other charge imposed under this Act; (xviii) any claim for partition of an estate or holding, or any question connected with or arising out of, proceedings for partition, not being a question as to title in any of the property of which partition is sought; (xix) any question as to the allotment of land on the partition of an estate or holding, or as to the distribution of lands subject by established custom to periodical re-distribution or as to the distribution of land revenue on the partition of an estate or holding or on a periodical re-distribution of land; (xx) any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates subject to river action under the provision of this Act; (xxi) any claim regarding boundaries fixed under any of the enactments hereby repealed or any other law for the time being in force, or to set aside any order passed by a competent officer under any such law with regard to boundary marks.
Powers t invest officers making records of rights or general reassessment with powers of Civil Courts.
173. (1) The Board of Revenue may, by notification, invest any Revenue Officer making or specially revising records-of-rights in any local area in pursuance of a notification under section 40, or making a general re-assessment of land revenue in any local area in pursuance of a notification under section 59,or any Revenue Officer in a Colony as defined in the Colonization of Government lands (Punjab) Act, 1912 (Punjab Act, V of 1912), or any Revenue Officer to whose control that officer is subject with all or any of the powers of any Court Constituted under the W.P. Civil courts ordinance 1962 (West Pakistan Ordinance II of 1962) for the purpose of trying all or any specified class of suits or appeal relating to land arising in the local area.
Control over such officer and appeals from and revision of their decree and orders.
174. (1) The Board of Revenue may by notification direct that the provisions of this Act with respect to, the superintendence and control over Revenue Officers shall apply to any Revenue Officer who has been invested with the powers of a Civil Court of any of the classes specified in the West Pakistan Civil Courts Ordinance, 1962 (West Pakistan Ordinance II of 1962) and that appeal shall lie from his decrees and orders to and his decrees and orders be subject to revision by, a Revenue Officer invested under section 173 with the powers of a Court which would be competent under that Ordinance to hear appeals from or revise such decree and orders if they had been made by a Court with the powers of which the Revenue Officer who made them has been invested.
(2) In the absence of any such notification, a Revenue Officer invested under section 173 with the powers of any such Civil Court as aforesaid shall, with respect to the exercise of those powers, be deemed to be such a Civil Court for the purposes of the aforesaid Ordinance.
Prevention of encroachment upon common lands.
175. 1[(1) Where land which has been reserved for the common purposes of the persons residing in the estate in which such land is
1. Sub-section (I) Subs, by W.P. Ord. No. X of 1970.
situate has been encroached upon by any person, and the land has been shown in the last three "periodical records made before such encroachment as so reserved, a Revenue Officer may, on the application of a land owner in the estate, and after giving an opportunity to the person alleged to have encroached upon it to appear before him and show cause against the proposed action— (a) eject from the land the person who has encroached, the reupon; and (b) by order proclaimed in the manner provided in section 26, forbid repetition of the encroachment. Explanation.— An edition of the record of rights made before the coming into force of this Act under the provisions of section 33 of the Punjab land Revenue Act 1887, or under the provisions of any other law repealed by this Act, shall be deemed to be a periodical record for the purpose? of this section]. (2) The proceedings of the Revenue Officer under sub-section (1) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.
Papers kept by village officers to be deemed public documents.
(2) A Village Officer shall, with respect to any record or paper in his custody be deemed, for the purposes of the evidence Act, 1872 (Act I of 1872), to be a public officer having the custody of a public document which any person has a right to inspect.
Maps and land record open to inspection etc.
Restriction on revenue officers bidding at auetions or engaging in trades.
178. (1) A Revenue Officer, or a person employed in a Revenue Office, shall not—
(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a share-holder in a company incorporated under the Companies Act 1913 (Act, VII of 1913), or under any other law for the time being in force relating to a body or bodies corporate. CHAPTER XV MISCELLANEOUS
179. Wherever in this Act it is provided that a decision or order shall be final, it shall be deemed to mean that no appeal lies from decision or order; but nothing herein shall be construed as precluding the Board of Revenue from modifying, reversing or setting aside any such decision or order under the provisions of section 164.
Restriction on appointment of lambandars.
180. Notwithstanding anything contained in this Act, headman (lambardars) shall not be appointed in, nor shall rules for their appointment be enforced in or made applicable to, any area or part of the province where the law in force immediately before the commencement of this Act did not provide for the making of such appointment or rules.
Bar on legal proceedings against Revenue Officers.
181. No suit, prosecution or other legal proceedings shall lie against a Revenue Officer for any thing done or ordered to be done in good faith by him as such in pursuance of the provisions of this Act, or of any other law for the time being in force.
Power to make rule.
182. The Board of Revenue, with the previous approval of Government, may, in addition to the other rules which may be made by it under this Act, make rules not inconsistent with this Act,
(a) fixing the number and amount of the installments and the times and places an the manner, at and in which any sum other than rent or land revenue which is payable under this Act or of which a record has been made thereunder is to be paid;
183. The power to make any rules under this Act is subject to the condition of the rules being made after previous publication.
Rules to be made after previous publication
184. (1) The enactments mentioned in Part One of the Schedule are nearby repealed.
Repeals and Savings.
(2) On the commencement of this Act in any area the enactments mentioned in Part Two of the Schedule shall, if and, in so far as applicable to that area, stand repealed and in the event of specified provisions of this Act. being applied to any area, only the corresponding provisions in such enactments shall stand repealed. (3) Notwithstanding the repeal of the enactments mentioned in sub-section (2) - (a) all rules, appointments and transfers made, notifications and proclamations issued authorities and powers conferred, farms and leases granted, record-of-right and other records framed, revised or confirmed, rights acquired, liabilities incurred, times and places appointed, and other things done, under any such enactment shall, if
not inconsistent with the provisions of this Acts, be continued and, so far as may be, deemed to have been respectively made, issued, conferred granted, incurred, appointed and done under this Act; and (b) all assessments of land revenue duly made, approved or confirmed under any such enactment and in force immediately before such repeal shall continue, and subject to the provisions of this Act, remain in force until assessments made, approved or confirmed under those provisions take effect. 1[(4) (5)]
SCHEDULE [See section 184] PART ONE
8. The Punjab Land Revenue (Second Amendment) Act, 1950 (Pb Act XVIII of 1950) 9. The Punjab Land Revenue (North-West Frontier Province Amendment) Act, 1954 (N.- W. F. P. Act V of 1954).
1 In section 184. sub-section 4 and 5. omitted by N.W.F.P. Adaptation of Laws Order, 1975
12. The West Pakistan (Punjab Land Revenue Act) (Amendment) Act, 1956 (W. P. Act HI of 1956). 13. The Punjab Land Revenue (West Pakistan Amendment) Ordinance, 1959 (W. P. Ordinance XXIX of 1959). 14. The West Pakistan Determination of Land Revenue and Water-Rate Ordinance, 1959 (W. P. Ordinance LV of 1959).
1[l, 2, 3, 4, 5, .. ..] 6. Punjab Land Revenue Act, 1887 (Pb: Act XVII of 1887) as in force for the time being in North West Frontier. 1[7, . . . . . . . . . .]
1. In the schedule, part two entries at Serial No. 1, 2, 3, 4, 5 and 7, omitted by N. W. F. P. A.L.O 1975.