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THE [KHYBER
PAKHTUNKHWA] PROCUREMENT OF
FOOD GRAINS ACT, 1948.
(ACT XVI OF 1948).
AN
ACT
CONTENTS.
PREAMBLE
SECTIONS:
1.
Short title, extent and
commencement.
2.
Definition.
3.
Assessment of yield.
4.
Procurement of Foodgrains.
5.
Payment for foodgrains procured.
6.
Land Revenue and Abiana to be paid
in kind.
7.
Exemptions.
8.
Guardians or Agents liable under
this Act.
9.
Finality of orders.
10.
Power of search.
11.
Seizures and confiscation of
foodgrains.
12.
Furnishing of Information.
13.
Penalties.
14.
Indemnity for acts under the Act.
15.
Power to make Rules.
16.
Repeal and saving.
THE
[KHYBER
PAKHTUNKHWA] PROCUREMENT
OF
FOODGRAINS ACT, 1948.
(ACT
XVI OF 1948).
(Received
the assent of the Governor, [Khyber
Pakhtunkhwa],
on
the 2nd November, 1948).
An Act for the procurement of foodgrains at controlled prices.
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WHEREAS it is expedient to provide for the procurement of foodgrains at
controlled prices; It is hereby enacted as follows:
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Preamble.
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1. (1)
This Act may be called the [Khyber
Pakhtunkhwa] Procurement of Foodgrains Act, 1948.
(2) It extends to
the whole of the [Province
of the Khyber Pakhtunkhwa].
(3) It shall come into
force at once.
(4) It shall
cease to have effect on the expiration of such period as the Provincial
Government may notify in the Official Gazette, except as respects things done
before the expiration thereof.
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Short title, extent,
and commencement.
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2. In
this Act, unless there is anything repugnant in the subject or context:—
"foodgrain"
means wheat, maize, gram, barley or any other food grain notified by the
Provincial Government in the Official Gazette as such;
"Landowner" does not
include a Tenant or an assignee of land-revenue but does include a person to
whom holding has been transferred or an estate or holding has been let in
farm, for the recovery of an arrear of land-revenue of or a sum recoverable
as such an arrear and every other person not hereinbefore in this clause
mentioned who is in possession of the estate or any share or portion thereof,
or in the enjoyment of any part of the profits of an estate;
"tenant" means a tenant as defined in the Punjab
Tenancy Act, 1887;
"Collector" shall
include an officer acting under the direction of the Collector under Sections
10 and 11 and the officer appointed by the Collector under Section 12 of this
Act.
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Definition.
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3. The
Collector of each district shall assess the average yield of foodgrains per
jarib on the various classes of land situated within his district, such as
Nehri, Chahi, Rod Kohi and Barani.
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Assessment of yield.
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4.
Landlords and tenants shall surrender to the Government or their
authorised representative, by a date or within a period, to be fixed by
the Collector or any officer authorised by him in this behalf, by a general
or special order, made in respect of a person or a class or group of persons
inhabiting a particular locality, at places to be specified by the Collector
or such Officer, such proportion by the yield as the Government may by a
Notification assess on all holdings in excess of the areas
specified hereunder:—
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Procurement of
Foodgrains.
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(a) When
the land is cultivated by the owner (Khud Kasht):—
(1) 10 Jaribs "nehri" "abi" or other irrigated land,
(2) 15 Jaribs "barani".
(b) When the
lands is cultivated by Tenant:—
(1) 20 Jaribs "nehri" "'abi" or other
irrigated, land,
(2) 30 Jarib "barani".
In the case
of land which is not "Khud Kasht" the quantity of grain to be sold to
the Government by the landlord and tenant respectively shall be in the ratio in
which the produce is divided between them.
When the rent
is paid in cash, grain will be recovered from the tenant only at the scale
notified after making allowance for the rent paid to the landlord or lessor,
provided that in the case of general order effecting more than one person due
publicity should be given to the order by such means as the Collector or any
Officer acting under his discretions may consider proper.
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5.
Payment will be made by the Government through the authorised representative
for grain surrendered under the foregoing provisions at rate to be
notified by the Government.
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Payment for foodgrains
procured.
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6. The
Government may direct any person assessed to pay Land Revenue amounting
to Rs. 250 or more to pay the equivalent of the sum due on account of
land revenue and abiana or a portion thereof, in foodgrains at the rate
or rates notified under Section 5.
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Land Revenue and
Abiana to be paid in kind.
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7.
Reductions may be permitted by the
Collector in the quantity or grain due to be sold to the Government under
Section 4:—
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Exemptions.
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(a)
In regard to crops which have not matured
to the normal level, according to the principles governing the assessment of
fluctuating Land Revenue.
(b) For
the maintenance of hujras and religious institutions.
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8.
In the case of minors, lunatics or
purdhanashin ladies, who do not themselves cultivate the land or sell the
produce, the guardian or agent or other person acting on their behalf shall
be liable to be assessed directed an order to make payment in kind and shall
be deemed to be landowner or tenant, as the case may be for the purposes of
this Act.
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Guardians or Agents
liable under this Act.
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9.
Every order passed, assessment made or directions
given by the Government or the Collector under this Act shall be final and
shall not be called in question in any civil, revenue or criminal court.
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Finality of orders.
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10.
The Collector or any officer authorised by him in this
behalf by a special or general order together with such persons to assist him
as he may deem necessary may enter upon and inspect any land or building in
connection with the enforcement of these provisions.
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Power of search.
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11. The
Collector or any officer authorised by him in this behalf by a special or
general order may seize any foodgrain wherever it may be, which has been, or
which he has reason to believe is likely to be sold or otherwise transferred
or dealt with against the provisions of Section 4 and confiscate it to the
Government:
[Provided
that no foodgrain shall be confiscated under this section without giving the
person affected an opportunity of being heard].
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Seizures and
confiscation of foodgrain.
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12.
The Collector or any
officer appointed by him by a special or general order may by an order in
writing require any landlord or tenant to furnish information in regard to grain
in his possession.
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Furnishing of
Information.
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13.
Any person who contravenes or attempts to contravene or abets or attempts to
abet a contravention of any of the provision of this Act, or who
obstructs any authorised official in the exercise of powers conferred by this
Act shall be punishable with imprisonment which may extend to three years, or
fine or both.
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Penalties.
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14. (1)
No suit, prosecution or other legal proceeding shall lie against any person
for or in respect of anything which is in good faith done or intended to be
done under this Act.
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Indemnity for acts
under the act.
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(2)
No suit or other legal proceeding shall lie against the Provincial Government
for any damage caused or likely to be caused by anything in good faith done
or intended to be done, under this Act.
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15. The
Provincial Government may make rules, including directions regarding the
collection of and payment for grain surrendered to Government and to carry
out the purposes of this Act.
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Power to make Rules.
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16. (1)
The [Khyber
Pakhtunkhwa] Procurement of Foodgrains Ordinance, 1948, (Ord. No. VI of
1948), is hereby repealed.
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Repeal and saving.
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(2)
All orders used, appointments made, foodgrains procured, seized and
confiscated and penalties imposed under the [Khyber
Pakhtunkhwa] Procurement of Foodgrains Ordinance, No. VI of 1948, shall be
deemed to have been issued, made, procured, seized and confiscated and
imposed under, this Act.
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