Tenancy Act, 1950
Download FeedBackDepartment: | Home & Tribal Affairs Department | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Main Category: | Acts | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Land | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Year | 1950 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 20-06-1950 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details: | THE [1][KHYBER PAKHTUNKHWA] TENANCY
ACT, 1950. (Act No. XXV of 1950) PREAMBLE SECTIONS. 1.
Short title, Extent and Commencement. 2.
Definitions. 3.
Non-Acquisition of occupancy
rights. 4.
Compensation to be paid to the
landlord. 5.
Respective rights of landlord and
tenant to produce. 6.
Commutation and alteration of rent. 7.
Payments for land occupied without
consent of land lord. 8.
Collection of rents of undivided
property. 9.
Presumption with respect to produce
removed before division. 10.
Finality to the decision of
the officer conducting the division. 11.
Costs of divisions. 12.
Village cess or
service to a land lord. 13.
Alteration of rent on alteration of
area. 14.
Remission of rent by courts
decreeing arrears. 15.
Remission and suspension of vent
consequent on Like treatment of land revenue. 16.
Power to deposit rent in certain
cases with revenue Officer 17.
Effect of depositing rent. 18.
Recovery of rent from attached
produce. 19.
Treatment of leases for Period
exceeding or equal to term of assessment of land revenue. 20.
Relinquishment by tenant for a
fixed term. 21.
Relinquishment by any other tenant. 22.
Relinquishment of Part only of a
tenancy. 23.
Grounds of ejectment of tenant for
a fixed term. 24.
Ejectment of other tenant. 25.
Restriction on ejectment. 26.
Application to Revenue Officer for
ejectment. 27.
Ejectment for failure to satisfy
decree for arrear of rent. 28.
Ejectment of certain tenants by
notice. 29.
Power to make
rules. 30.
Times for ejectment. 31.
Relief against for forfeiture. 32.
Rights of ejected tenants in
respect of crops and land prepared for sowing. 33.
Relief for wrongful
dispossession or ejectment. 34.
Bar to civil suits. 35.
Bar of relief by suit under section
9, Act I, 1877. 36.
Power of Provincial Government to fix
dates for certain purposes. 37.
Title of tenants
to make Improvements. 38.
Improvements begun in anticipation
of ejectment. 39.
Tender of lease for 20 years to
tenant to be a bar to right of compensation. 40.
Liability to pay compensation for
Improvements to tenant on Ejectment or on Enhancement of his Rent. 41.
Compensation for disturbance of
clearing tenants. 42.
Determination of compensation by
revenue court. 43.
Determination of compensation by
revenue officers. 44.
Matters to be regarded in
Assessment of compensation for improvement. 45.
Form of compensation. 46.
Relief in case of ejectment before
determination of compensation. 47.
Classes of Revenue Officers. 48.
Application and proceedings
cognizable by Revenue Officers. 49.
Revenue courts and suits cognizable
by them. 50.
Superintendence and control of
Revenue Officers and Revenue Courts. 51.
Power to distribute business and
withdraw and transfer cases. 52.
Appeals. 53.
Limitation for appeals. 54.
Review by Revenue Officers. 55.
Computation of period limited for
appeals and applications for review. 56.
Powers to call for, examine and
Review Proceedings of Revenue officers and Revenue Courts. 57.
Procedure of Revenue Officers. 58.
Persons by whom appearances may be
made before Revenue Officers as such and not as Revenue Courts. 59.
Costs. 60.
Procedure of Revenue Courts. 61.
Powers of Revenue Officers or
Revenue Court to summon persons. 62.
Mode of service of summons. 63.
Mode of service of notice, order or
proclamation or copy thereof. 64.
Additional mode of publishing
proclamation. 65.
Joinder of tenants as parties
to proceedings relating to rent. 66.
Exception of suits under this Act
from operations of certain Enactments. 67.
Payment into court of money
admitted to be due to a third person. 68.
Execution of decrees for arrears of
rent. 69.
Prohibition of imprisonment of
tenants in execution of Decrees for arrears of rent. 70.
Power to refer party to civil
court. 71.
Power to refer to the High Court
questions as to jurisdiction. 72.
Power of High Court to validate
proceedings made under mistake as to Jurisdiction. 73.
Place of Sitting. 74.
Holidays. 75.
Discharge of duties of collector
dying or being disabled. 76.
Retention of powers by Revenue
Officers on transfer. 77.
Conferment of powers of Revenue
Officer or Revenue Court. 78.
Power of the Board of Revenue to
make Rules. 79.
Rules to be made after Previous
Publication. 80.
Powers Exerciseable by the Board of
Revenue or the Commissioner from time to time. 81.
Nullity of certain entries in
Records of Rights. 82.
Nullity of certain agreements
contrary to the Act. 83.
Limitation for declaration of
occupancy rights. 84.
Powers of the Provincial Government
to make rules. 85.
Repeal and saving. 86.
Procedure for partition of lands
acquired by the occupancy Tenants.
THE [2][KHYBER PAKHTUNKHWA]
TENANCY ACT, 1950.
ACT to consolidate and amend the law
relating to the tenancy of land in the [3][Khyber Pakhtunkhwa]
(i) "land
" means land which is not occupied as the site of any building in a town
or village and is occupied or has been let for agricultural purposes or for
purposes subservient to agriculture, or for pasture, and includes the sites of
buildings and other structures on such land or to any right or interest in any such
land; (ii) "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; (iii) "rent" means whatever is payable to
a landlord in money or kind by a tenant on account of the use or
occupation of land held by him; (iv) "arrear of rent" means rent which
remains unpaid after the date on which it becomes payable; (v) "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, but
it does not include:— (a) an
inferior landowner, or (b) a
mortgagee of the rights of a landowner, or (c) a
person to whom a holding has been transferred, or an estate or holding has been
let in farm under the Punjab Land Revenue Act, 1887 for the recovery of an
arrear of land revenue or of a sum recoverable as such an arrear, or (d) a
person who takes from the Government a lease of unoccupied land for the purpose
of subletting it; (vi) "landlord"
means a person under whom a tenant holds land and to whom the tenant is or but
for a special contract would be, liable to pay rent for that land; (vii) "tenant"
and "landlord" include the predecessors and successors in interest of
a tenant and landlord, respectively; (viii) "tenancy
" means a parcel of land held by a tenant of a landlord under one lease or
one set of conditions; (ix) "estate
" means any area:— (a) for
which a separate record of right has been made: or (b) which
has been separately assessed to land revenue, or would have been so assessed if
the land revenue had not been released, compounded for, or redeemed ; or (c) which
the [7][Board
of Revenue ] may, by general rule or special order, declare to be an estate, (x) "land
revenue" means land revenue assessed under any law for the time being in
force or assessable under the Punjab Land Revenue Act, 1887, and includes:- (a) any
rates imposed in respect of the increased value of land due to
irrigation, and (b) any
sum payable in respect of land, by way of quit-rent or of commutation for
service, to the Government or to a person to whom the Government has assigned the
right to receive the payment, (xi) "rates
and cesses " means rates and cesses which are primarily payable by land
owners, and includes:- (a) the
local rate, if any, payable under the Punjab District Board Act, 1883, and any
fee leviable under Section 33 of that Act from Landowners for the use of or
benefits derived from such works as are referred to in Section 20 clauses (i)
and (j) of that Act; (b) any
annual rate chargeable on owners of land under Section 59 of the
Northern India Canal and Drainage Act, 1873; (c) the
zaildari and village officer's cesses; and (d) sums
payable on account of village expenses, (xii) "village
cess" includes any cess, contribution or due which is customarily leviable
within an estate and is neither a payment for the use of private property or
for personal service, nor imposed by or under any enactment for the time being
in force; (xiii) "village
officer " means a Chief Headman, Headman or Patwari; (xiv) "Revenue
Officer" or "Revenue Court" means a Revenue Officer or the
Revenue Court having authority under this Act to discharge the functions
of a Revenue Officer or Revenue Court, as the case may be, under that
provision; (xv) "Jagirdar"
includes any person, other than a village servant, to whom the land revenue of
any land has been assigned in whole or in part by the Government or by an
officer of the Government; (xvi) "Legal
Practitioner" means any legal practitioner within the meaning of the Legal
Practitioners Act, 1879, except a muktar; (xvii) "agricultural
year" means the year commencing on such date as the Provincial Government
may by notification appoint for any local area; (xviii)''notification"
means a notification published by authority of the Provincial Government [8][or
the Board of Revenue] in the official Gazette; (xix) "occupancy
tenant" means a tenant who has the right of occupancy under Section 5 or
is deemed to have such right under Section 6 or is taken to have such right
under Section 7 or has acquired such right under Section 8 or continues to have
such right under Section 11 of the Punjab Tenancy Act, 1887, or is deemed to
have such right under Section 5 of the Hazara Tenancy Regulation, 1887 and shall
include the heirs and successors of such occupancy tenant; (xx) "improvement''
means with reference to a tenancy any work which is suitable to the tenancy and
consistent with the conditions on which it is held, by which the value of the
tenancy has been and continues to be increased, and which, if not executed on
the tenancy is either executed directly for its benefit, or is after execution,
made directly beneficial to it. Explanation I.—It
includes among other things:— (a)
the construction of wells and other
works for the storage or supply of water for agricultural purposes; (b)
the construction of works for
drainage and for protection against floods; (c)
the planting of trees, the
reclaiming, enclosing, levelling and terracing of land for agricultural
purposes and other works of a like nature; (d)
the erection of buildings required
for the more convenient or profitable cultivation of a tenancy; and (e)
the renewal or construction of any
of the foregoing works or such alterations therein or additions thereto, as are
not of the nature of mere repairs and as durably increase their value.
Explanation II. — A
work which benefits several tenancies may be deemed to be, with respect to
each of them an improvement.
Explanation
III. — A work executed by a tenant is not an improvement if it
substantially diminishes the value of any other part of his land lord's
Property. (xxi) [9][
* *
*
* * ] (xxii)
"Small Cause" means a
suit of the nature cognizable by a Court of Small Causes under the Provincial
Small Cause Courts Act, 1887; (xxiii) "Unclassed
suit" means a suit which is neither a land-suit nor a small cause; (xxiv) "Value"
used with reference to suit means the amount or value of the subject matter of
the suit; (xxv)
"Government" includes the
Provincial and the Central Government [10][*
* *]. (xxvi) "Landowner"
has the same meaning assigned to it in the Punjab Land Revenue Act, 1887. [11](xxvii)
"Kaghan Valley" means the area specified in the schedule to this Act; (xxviii)
"Waste Land" means the land recorded at settlement as Shamilat or
common land or which has been specifically reserved as a grazing ground or as a
fuel and timber preserve of a village under any law for the time being in force,
but does not include reserved forests, graveyards, sacred places, land recorded
at settlement part of village site and land shown as 'Khali'
'BanjarJadid in annual records.]
(3) Except when the rent is taken by division of the produce, the tenant shall
be entitled to the exclusive possession of the produce but, in the case of food
grains and oil seeds that have to be thrashed, he shall not remove the produce
from the thrashing-floor until the rent payable by him for the preceding
agricultural year has been paid to the landlord. (4) Where rent is taken by division
of the produce:— (a) the
tenant shall be entitled to the exclusive possession of the whole produce but
shall not be entitled to remove it from the thrashing-floor until it is
divided, (b) no
sooner the produce is ready for division on the thrashing-floor, any Assistant
Collector of 2nd grade, specially empowered in this behalf on his own accord,
or on the application of either the tenant or the landlord shall himself or,
through any Revenue Officer not below the rank of Field kanungo or a Police
Officer not below the rank of a Station House Officer divide the produce on the
thrashing-floor, (c) if
the tenant or landlord removes any portion of the produce in such a manner as
to prevent the due division thereof, the Officer conducting the division of the
produce may enter the building or the premises as the case may be where the
produce is kept and divide the produce there, (d) landlord
and the tenant shall be entitled to be present, and take part in, the division
of the produce, (e) when
the produce has been divided the landlord and the tenant shall be entitled to
the possession of their respective shares immediately.
(a) by
division of the produce; (b) by
rates fixed with reference to the nature of crops grown; (c) by
a rate on a recognised measure of area; (d) by
a rent in gross on the tenancy, or (e) partly
by one of the methods specified in Clauses (a), (b) and (c) of this sub-section,
and partly by another or others of them.
Provided that if any tenant is, at the time of the coming into force of the
Amending Act, holding any land on more favourable terms he shall continue to do
so.
(a) in the case of
bariabi, hoter and bari land, one half of the produce; and
(b) be entitled to an abatement of
rent in respect of any deficiency proved to exist in the area of his tenancy as
compared with the area for which rent has been previously paid by him, unless
it is proved that the dificiency is due to the loss of land which was added to
the area of the tenancy by alluion or otherwise, and that an addition has not
been made to the rent in respect of the addition to the area. (2) In determining the area for which rent has
been previously paid, the Court shall have regard to the following, among other
matters namely :-
(3) In adding to or abating rent under this section the Court shall add to
or abate the rent to such an amount as it deems to be fair and equitable, and
shall specify in its decree the date on and from which addition or abatement is
to take effect. (4) An addition to or abatement
of rent under this section shall not be deemed an enhancement or reduction of
rent within the meaning of this Act.
When the payment of the rent of any land has been suspended under this clause
it shall remain under suspension until the Collector orders the revenue
of that land to be realized.
(2) The Revenue Officer receiving the deposit
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 thereof to
any person appearing to him to be entitled thereto, or may , if he thinks fit,
retain the deposit pending the decision of a competent Court as to the
person so entitled. (3) No suit or other proceeding shall be
instituted against the Government or any Officer of the Government in respect
of any thing done by a Revenue Officer under this section but nothing in this
sub-section 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 a Revenue
Officer.
(a) any
rent which has fallen due to him in respect of the tenancy within the year
immediately preceding the application, and (b) the
rent which will be falling due after the harvesting of the produce and is
chargeable against it.
(a)
at the option of the landowner if
the land revenue of the land has been enhanced and the person to whom the lease
has been granted or with whom the agreement has been entered into refuses to
pay such rent or other sum as a Revenue Court, on the suit of the land owner,
determines to be fair and equitable; and Where the relation of landlord and
tenant exists between the grantor and grantee of the lease, or between the
person who entered into the agreement:- (b) at the option of the tenant if the land
revenue of land has been reduced and the landlord
refuses to accept such rent as a Revenue Court, on the suit of the tenant
determines to be fair and equitable.
(a) that
he has used the land comprised in the tenancy in a manner which renders it
unfit for the purposes for which he held it; (b) where
rent is payable in kind, that he has without sufficient cause failed to
cultivate that land in the manner or to the extent customary in the locality in
which the land is situate; (c) on
any ground which would justify ejectment under the contract, decree or order.
(a) that
he has failed to pay the rent on the date when it falls due; (b) that
he has removed the whole or part of the produce from the thrashing-floor before
it is divided; (c) that
he has used the land comprised in the tenancy in the manner which renders it
unfit for the purposes for which he held it; (d) where the rent is payable in kind, that he has
without sufficient cause, failed to cultivate that land in the manner or to the
extent customary in which the land is situate.
(a) When
a decree for an arrear of rent in respect of his tenancy has been passed
against him and remains unsatisfied; (b) when
the tenant does not hold for a fixed term under a contract or a decree or order
of competent authority.
(2) A
notice under sub-section (1) shall not be served after the fifteenth day of
November in any agricultural year.
(6) If within two months from the date of the service of the notice the
tenant does not institute a suit to contest his liability to be ejected a
Revenue Officer, on the application of the landlord, shall subject to the
provisions of this Act, with respect to the payment of compensation, order the
ejectment of the tenent; Provided that Revenue Officer
shall not make the order until he is
satisfied that the notice was duly served on the tenant.
(2) The Court may, from time to time, for special reasons, extend a
period fixed by it under sub- section (1).
Provided that a tenant who is a joint owner of land to which this section
applies shall not be entitled to compensation for disturbance on ejectment from
the land or any part thereof.
(2) If the Court decrees the ejectment of the tenant or the enhancement of his
rent, it shall determine the amount of compensation, if any, due to the tenant,
and shall stay execution of the decree until the landlord pays into Court that
amount less any arrears of rent or costs proved to the satisfaction of the
Court to be due to him from the tenant.
(2)
If the parties so agree, the Court or Revenue Officer shall make an order accordingly.
Has
not been determined before the tenant is ejected, the ejectment shall not be
invalidated by reason of the omission, but the Court or Revenue Officer, which
decreed or who ordered the ejectment may, on application made by the tenant
within one year from the date of the ejectment correct the omission by making
in favour of the tenant an order for the payment to, him by the landlord of
such compensation as the Court or Officer may determine the tenant to be
entitled to. (2)
An order made under sub-section (1) may be executed in the same manner as a
decree for money may be executed by a Revenue Court.
(2) The Deputy Commissioner of a
district shall be the Collector thereof. (3) The [24][
Board of Revenue ] may appoint any Assistant Commissioner, Extra Assistant
Commissioner or Tahsildar to be Assistant Collector of the first or of the
second grade as it thinks fit, and any Naib-Tehsildar to be an Assistant
Collector of the second grade.
(2)
There shall be the same classes of Revenue Courts as of Revenue Officers under
this Act, and in the absence of any order of the Provincial Government to the
contrary, a Revenue Officer of any class having jurisdiction within any local
limits under this Act shall be a Revenue Court of the same class having
jurisdiction within the same local limits. (3) The following suits shall be
instituted in and heard and determined by Revenue Courts, and no other Courts
shall take cognizance of any such dispute or matter with respect to which any
suit might be instituted: Provided that: —
(2) On the plaint being presented to the Collector, the Collector shall
proceed to hear and determine the suit where the value thereof exceeds Rs.
1,000 or the matter involved is of the nature mentioned in Section 49 (3) First
Group, of the [30][Khyber Pakhtunkhwa] Tenancy
Act, 1950, and in other cases may send the suit to an Assistant Collector of
the 1st Grade for decision.
(a) suits
between landlord and tenant for addition to or abatement of rent under Section
13 or for commutation of rent; (b) suits
under section 19 for the determination of rent or other sum on the expiration
of the term of an assessment of landrevenue; and suits relating to the rent to
be paid under a mortgage made in accordance with Form (c) as prescribed by
Section 6 of the Punjab Alienation of Land Act, 1900. SECOND
GROUP. (c) suits
by a landlord to eject a tenant; (d) suits
by a tenent under Section 28 to contest liability to ejectment when notice of
ejectment has been served; (e) suits
by a tenant under Section 33 for recovery of possession or occupancy, or for
compensation, or for both; (f) any
other suit between landlord and tenant arising out of the lease or conditions
on which a tenancy is held; (g) suits
for sums payable on account of village expenses; (h) suits
by a co-sharer in an estate or holding for a share of the profits thereof or
for a settlement of accounts; (i) suits
for the recovery of over-payments of rent or land revenue or of any other
demand for which a suit lies in a Revenue Court under this sub-section; (j) suits
relating to the emolument of Kanungos, zaildars, inamdars or
village officers; THIRD
GROUP. (k) suits by a landlord for arrears of rent or the
money equivalent of rent, or for sums recoverable under section 7; (l) suits
by a landowner to recover money claimed as due for the enjoyment of rights in
or over land or in water including rights of irrigation, right over fisheries,
rights of pasturage and forest rights; (m) suits for sums payable on account of
landrevenue or of any other demand recoverable as an arrear of land revenue
under any enactment for the time being in force, and by a superior land owner
for other sums due to him as such.
(a) Collector
may hear and determine any of the suits mentioned in sub-section (3); (b) an
Assistant Collector of the first grade may hear and determine any of the suits
mentioned in the second and third groups of that sub-section, and, if he has by
name been specially empowered in this behalf by the Provincial Government, any
of the suits mentioned in the first group; and (c) an
Assistant Collector of the second grade may hear and determine any of the suit
mentioned in the third group.
(3)
Subject as aforesaid and to the control of the Commissioner a Collector shall
control all other Revenue Officers and Revenue Courts in his district].
(2) The [36][Board
of Revenue or the Commissioner] or Collector may withdraw any case pending
before any Revenue Officer or Revenue Court under [37][its
or his] and either dispose of it [itself or himself], or by written order refer
it for disposal to any other Revenue Officer or Revenue Court under [38][its
or his]control.
(a) to
the Collector when the order or decree is made by an Assistant Collector of
either grade; (b) to
the [39][Commissioner]
When the order or decree is made by a Collector: Provided that when an original order
or decree if, confirmed on first appeal, a further appeal shall not lie.
Provided as follows:— (a)
when a Collector thinks it
necessary to review any order which he has not himself passed and when the
Revenue Officer of a class below that of the Collector proposes to review any order
whether passed by himself or by any of his predecessors in office, he shall
first obtain the sanction of the Revenue Officer to whose control he is
immediately subject; (b) an
application for review of an order shall not entertained unless it is made within
ninety 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 parties affected thereby to appear and be heard in support of the order; (d) an
order against which an appeal has been preferred
shall not be reviewed. (2) For
the purposes of this section the Collector shall be deemed to be the successor
in office of any Revenue Officer of a lower class who has left the district or
has ceased to exercise powers as a Revenue Officer, and to whom there is no
successor in office.
(3) if in any case in which a
Collector has called for a record he is of opinion that the proceedings taken
or the order or decree made should be modified or reversed, he shall submit the
record with his opinion on the case for the orders of the [43][Commissioner].
(4)
If, after examining a record called for by himself under sub-section (1)
or submitted to him under sub-section (3), the [44][Commissioner]
is of opinion that it is inexpedient to interfere with the proceedings or the
order or decree, he shall pass an order accordingly. (5) If,
after examining the record, the [45][Board
of Revenue or the commissioner] is of the opinion that it is expedient to
interfere with the proceedings or the order or decree on any ground on which
the [46][High
Court], in the exercise of its revisional jurisdiction may, under the law for
the time being in force, interfere with proceedings or an order or decree of a
Civil Court, [47][
it or he] shall fix a day for hearing the case, and may, on that or any subsequent
day to which [48][it
or he] may adjourn the, hearing or which [49][it
or he] may appoint in this behalf, pass such order as [50][it
or he] thinks fit in the case. (6) Except when the [51][Board
of Revenue or the Commissioner] fixes under sub-section (5), a day for hearing
the case, no party has any right to be heard before the [52][Board
of Revenue or the Commissioner] when exercising [53][its
or his] powers under this section.
(2) The rules may provide, among
other matters for the mode of enforcing orders of ejectment from and delivery
of possession of immovable property, and rules providing for those matters may
confer on a Revenue Officer all or any of the powers in regard to contempts,
resistence 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.
(4) Subject to the rule under this
section, a Revenue Officer may refer any case which he is empowered to dispose
of under this Act to another Revenue Officer for investigation and report, and
may decide the case upon the report.
Provided that the employment of a
recognized agent or legal practitioner shall not excuse the personal attendance
of a party to any proceeding in any case in which personal attendance is
specially required by an order of the Officer. (2)
For the purposes of sub-section (1), recognized agents shall be such persons as
the [54][Board
of Revenue] may by notification declare in this behalf.
(2) Until rules are made
under sub-section (1) and subject to those rules when made and to the
provisions of this Act:— (a) the
Code of Civil Procedure shall, so far as it is applicable apply to all
proceedings in Revenue Courts whether before or after decree; and (b) the
[55][Board
of Revenue] shall, in respect of those proceedings, be deemed to be the High
Court within the meaning of that Code, and shall subject to the provisions of
this Act, exercise, as regards the Courts under [56][its]
control, all the powers of a High Court under the Code.
(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 recognised agent or a legal practitioner. (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 matters as the
Revenue Officer or Revenue Court may require.
(2) If service cannot be so made
or if acceptance of service so made is refused, the summons may be served by
posting 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 or the Revenue Court is held,
and the case to which the summons relates has reference to land in that
district, then by posting a copy of the summons on some conspicuous place in or
near the estate wherein the land is situate. (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 reasonably practicable, it may, if the Revenue Officer or
Revenue Court so directs, be served by delivery of a copy thereof to such of
those persons as the officer or Court nominates in this behalf and by
proclamation of the contents thereof for the information of the other persons
interested. (4) A
summons may, if the Revenue Officer or Revenue Court so directs, be
served on the person named therein, either in addition to, or in substitution
for, any other mode of service, by forwarding the summons by post in a letter
addressed to the person registered under Chapter VI of Post Office Act, 1898. (5) When a summons is
forwarded in a letter and it is proved that the letter was properly addressed
and duly posted and registered the officer or Court may presume that the
summons was served at the time when the letter would be delivered in the
ordinary course of post.
(3)
A decree or order made in any such proceedings shall specify the extent to
which each of the tenant is affected thereby.
(2) Where such a payment is made the Court shall forthwith cause
notice of the payment to be served on the third person.
(3) Unless the third person,
within three months from the receipt of the notice institutes a suit against
the plaintiff and therein obtains an order restraining payment of the money, it
shall be paid to the plaintiff on his application to the Court therefor.
(4) Nothing in this section
shall affect the right of any person to recover from the plaintiff money paid
to him under sub-section (3). (5) When a defendant pays money into
Court under this section the Court shall give the defendant a receipt, and the
receipt so given shall operate as an acquittance in the same manner and to the
same extent as if it had been given by the plaintiff or the third person,
as the case may be.
(2) On any such reference being made, the [59][High.
Court,] may order the Presiding Officer either to proceed with the suit or to
return the plaint for presentation in such other Court as it may in its order
declare to be competent to take cognizance of the suit. (3) The order of the [60][High
Court] on any such reference shall be conclusive as against persons who are not
parties to the suit as well as against persons who are parties thereto.
(6) The provisions of this section shall apply to any suit instituted on
or after the commencement of this Act.
(2) A proceeding held before a Revenue
Officer or Revenue Court on a day specified in the list as a day to be observed
by the Officer or a Court as a holiday shall not be invalid by reasons only of
its having been held on that day.
(2) A person on whom powers are conferred under
sub-section (1) shall exercise those powers within such local limits and in
such classes of cases as the Provincial Government may direct, and, except, as
otherwise directed by the Provincial Government shall for all purposes
connected with the exercise thereof be deemed a [72][Board
of Revenue, Commissioner], Collector, or Assistant Collector, as the case may
be. (3) If any of the powers of a Collector under
Section 50, Section 51, Section 52 or Section 54 are conferred on an Assistant
Collector, they shall unless the [73][Board
of Revenue] by special order Otherwise directs, be exercised by him subject to
the control of the Collector.
(a) determining
notwithstanding any thing in any record of right, the number and amount of the
instalments and the time by and at which rent is to be paid; (b) for
the guidance of Revenue Officers in determining, for the purposes of this Act,
the amount of the land revenue of any land; (c) prescribing
for all or any of the territories to which this Act extends, the periods during
which, in proceedings held under this Act, a Revenue Officer or Revenue Court
is not except for reasons of arrest to be recorded, to issue any process of
arrest against a tenant or against a landowner who cultivates his own
land; (d) regulating
the procedure in cases where persons are entitled to inspect records of Revenue
Officer or Revenue Courts or to obtain copies of the same and prescribing the
fees payable for searches and copies; (e) prescribing
forms for such books, entries, statistics and accounts as the [76][Board
of Revenue] thinks necessary to be kept, made or compiled in Revenue Offices or
Revenue Courts or submitted to any authority; (f) declaring
what shall be the language of any of those offices and Courts, and determining
in what cases persons practising in those offices and Courts shall be permitted
to address the presiding officers thereof in English; and (g) generally
for the guidance of Revenue Officers and other persons in matters connected
with the enforcement of this Act. (2)
Until rules are made under clause (a) of sub-section (1), rent shall be
payable by instalments and at the time by and at which it is now payable. (3)
Rules made by the 1[Board of Revenue] under this or any other section of
this Act, shall be made subject to the contro1 of the Provincial Government.
(2) Nothing in clause (a) of sub-section
(1) shall apply to an agreement by which a tenant binds himself to pay an
enhanced rent in consideration of an improvement which has been, or is to be,
made in respect of his tenancy by or at the expense of his landlord and
to the benefit of which the tenant is not otherwise entitled.
(a) the
crests and slopes immediately below the crests of hills within the limits of
tree vegetation, (b) catchment-basins
of streams, torrents or ravines, (c) the
banks and beds of rivers, streams, torrents and ravines, (d) steep-
slopes, (e) waste
land which though not situated in any of the above positions, are nevertheless
of such value of utility for the supply of forest-produce or otherwise that
their breaking up or occupation would in the judgement of the Collector bo
inadvisable, the
Collector may issue orders prohibiting the breaking up or occupation of such
waste land, and defining the area to which such prohibition shall extend, and
may cause the limits of such area to be shown on the village map and to be
demarcated on the ground with boundary-mark so far as may be necessary. (2) No such order as is
referred to in sub-section (1) shall be cancelled by the Collector without the
sanction of the Board of Revenue, but the Collector may, from time to time,
revise such orders by altering the boundary of the protected land so as to
include any particular plot the protection of which may appear to be necessary.
82
D. (1) The offence under section 82 C
shall be cognizable. Cognizance of offence (2) No Court shall take cognizance of
an offence under section 82 C, except on a report in writing of the facts
constituting such offence made by the Collector or by an officer authorised by
him in this behalf].
(a) The
Punjab Tenancy Act, 1887, as applicable to the [87][Khyber Pakhtunkhwa] by
the [88][Khyber Pakhtunkhwa] Law
and Justice Regulation, 1901. (b) Hazara
Tenancy Regulation, 1887, (c) Hazara
Tenancy (Amendment) Regulation, 1904. (d) The
Punjab Tenancy ([89][Khyber Pakhtunkhwa] Amendment)
Act, 1939. (e) The
Punjab Tenancy ([90][Khyber Pakhtunkhwa]
Amendment) Act, 1945. (f) The
Punjab Tenancy ([91][Khyber Pakhtunkhwa]
Amendment) Act, 1946.
[96][SCHEDULE]
[1] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [2] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [3] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [4] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [5] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [6] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [7] Subs.,
for "Provincial Government" by West Pakistan Act XVI of 1957 s. 3 (3)
Sch.-III. [8] Inserted
by West Pakistan Act, XVI of 1957, s. 3 (3) Sch-III. [9] Clause
(xxi), which defined "Judicial Commissioner" omitted by West Pakistan
Act XVI of 1957, s. 3 (3) Sch-III. [10] The
words "and Crown" omitted by West Pakistan, A. O., 1964, s. 2 (1)
Sch. Part-Ill. [11] Inserted
by Khyber Pakhtunkhwa Ord. No. III of
1980, s. 3 (a). [12] Subs. by Khyber Pakhtunkhwa Act No. XI of 1992. [13] Ins.
by Khyber Pakhtunkhwa Act VI, of 1952,
s. 3. [14] Sub-section
(4) deleted by Khyber Pakhtunkhwa Act I
of 1953, s. 2. [15] Deleted by Khyber
Pakhtunkhwa Act No. XI of 1992. [16] Ins.
by W. P. Act VI of 1964, s. 2 [17] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [18] Sec:
8-B inserted by Khyber Pakhtunkhwa Ord;
III of 1980 s. 3 (b). [19] Subs.,
for the words " of the Tenancy" by Khyber Pakhtunkhwa Act VI of 1952, s. 4. [20] Subs.,
for the "Revenue and Divisional Commissioner" by West
Pakistan Act XVI of 1957, [21] Subs.,
for "Provincial Government" by West Pakistan Act, XVT of 1957, s. 3
(3) and Sch.-Ill. [22] Subs,
ibid, for the word "fixed". [23] Subs.,
for the "Revenue and Divisional Commissioner" by West
Pakistan Act XVI of 1957 s. 3 (3), Sch.-III. [24] Subs.,
ibid., for "Provincial Government". [25] Subs.,
for the "Revenue and Divisional Commissioner" by W. P.
Act, XVI of 1937, s. 3 (3), Sch-III. [26] Omitted,
ibid., for the "thi territories for the timebeing administered by the
Governor of-* . [27] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [28] Subs.,
for the "Collectors and Assistant-Collectors to the Districts" by
West Pakistan Act, XVI of 1957 s. 3 (3), Sch-III. [29] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act
XVI of 1957, s. 3(3) Sch. III. [30] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [31] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act, XVI
of 1957 s. 3 (3) Sch. III. [32] Subs,
by W. P. Act No. XVI of 1957 for the original section 50. [33] Subs,
by W. P. Act No. XVI of 1957. [34] Subs
ibid, for the word "he". [35] Subs,
ibid, for the word "his". [36] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI
1957, s.3(3). [37] Subs,
ibid for the word "him self". [38] Subs,
ibid for the word "him self". [39] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI
1957, s.3(3) [40] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI
1957, s.3(3) [41] Subs,
for "Revnue and Divisional Commissioner", by West
Pakistan Act XVI of 1957, s. 3(3) Sch Pt. III. [42] Subs,
ibid., for "Revenue and Divisional Commissioner". [43] Subs,
ibid., for "Judical Commissioner". [44] Subs,
ibid., for "Judical Commissioner". [45] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI of
1957- 3 (3) Sch III [46] Subs,
ibid., for "Judical Commissioner" [47] Subs,
ibid for the word "he". [48] Subs,
ibid for the word "he". [49] Subs,
ibid for the word "he". [50] Subs,
ibid for the word "he". [51] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI of
1957- 3 (3) Sch III [52] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI of
1957- 3 (3) Sch III [53] Subs
ibid, for the word "his". [54] Subs,
for "Provincial Government" by West Pakistan Act XVI of 1957 s.3 (3)
Sch. III [55] Subs,
ibid., for "Revenue and Divisional Commissioner". [56] Subs,
for the word "his" by W.P. Act XVI of 1957 s. 3(3) Sch.III [57] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [58] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [59] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [60] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [61] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [62] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [63] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [64] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [65] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [66] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [67] Subs,
for "Judicial Commissioner" by W.P. Act. XVI of 1957 s. 3 (3) Sch.
III. [68] Subs,
ibid for "Revenue and Divisional Commissioner". [69] The
word "local" omitted ibid. [70] Inserted
by West Pakistan Act, XVI of 1957, s. 3(3) and, Sch. III . [71] Subs.
ibid for "Revenue and Divisional
Commissioner". [72] Subs.
ibid for "Revenue and Divisional
Commissioner". [73] Subs.
ibid for "Provincial Government". [74] Subs.
ibid for "Revenue and Divisional
Commissioner". [75] Subs.
ibid for "Revenue and Divisional
Commissioner". [76] Subs,
for "Revenue and Divisional Commissioner" by West Pakistan Act XVI of
1957 s. 3(3) Sch. III. [77] Subs:
for "Revenue and Divisional Commissioner" by W.P. Act, XVI of 1957.
s.3 (3), Sch. III [78] Subs:
for "Revenue and Divisional Commissioner" by W.P. Act, XVI of 1957.
s.3 (3), Sch. III [79] Sections
82-A, 82-B, 82-C and 82-D, ins by Khyber Pakhtunkhwa Ord. III of 1980 s. 3. (3) [80] In
section-82B, at the end the full-stop subs, by a colon and the proviso ins. by Khyber
Pakhtunkhwa . Act No. II of 1985 read with the schedule [81] Subs
for the original "Section 83'' by W. P. A. O. 1964 S. 2(1) Sch Part III [82] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [83] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [84] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [85] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [86] Subs,
for the word and figure "section 4 " by Khyber Pakhtunkhwa Act VI of 1952 s. 5 [87] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [88] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [89] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [90] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [91] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [92] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [93] Subs
for the word and figures "section 4" by Khyber Pakhtunkhwa Act VI of 1952 s. 6. [94] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [95] This
section added by Khyber Pakhtunkhwa Act
T of 1953. [96] The
schedule ins. by Khyber Pakhtunkhwa Ord.
III of 1980 s.3. (d) |