THE WEST PAKISTAN LAND REVENUE ACT, 1967. 
WEST PAKISTAN ACT NO. XVII OF 1967.

[7^th December, 1967.]

CONTENTS

CHAPTER-I

 PRELIMINARY

PREAMBLE

SECTIONS

1.                  Short title, extent and commencement.

2.                  Power to except any area from provisions unsuited thereto.

3.                  Exclusion of certain land from operation of this Act.

4.                  Definitions.

CHAPTER-II

DIVISION AND DISTRICTS.

[1][5.       Province to be divided into Divisions.

6.                  Divisions to be divided into District and Districts into Sub- Divisions etc.]

CHAPTER-III

APPOINTMENT AND POWERS OF REVENUE OFFICERS.

APPOINTMENT.

7.                  Classes of Revenue Officers.

[2][8.       Appointment of Commissioner and Collector.

9.                  Appointment of Additional Commissioners and Additional             Collectors.]

10.              Assistant Collectors.

11.              Tehsildars, etc.

12.              Certain appointments to be notified.

13.              Superintendence and control of Revenue Officer.

14.              Power to distribute business and withdraw and transfer cases.

15.              Combination of officers.

16.              Conferment of powers of Revenue Officers.

17.              Functions of Revenue Officers.

18.              Retention of powers by Revenue Officers on transfer.

[3][18A.]

CHAPTER-IV

PROCEDURE OF REVENUE OFFICERS.

19.              Subordination of Revenue Officers.

20.              Powers to make rules as to procedure.

21.              Persons by whom appearance and applications may be made before and to             Revenue Officers.

22.              Powers of Revenue Officers to summon persons to give and produce          documents.

23.              Summons to be in writing signed and sealed.

24.              Mode of service of summons.

25.              Mode of service of notice, order or proclamation, or copy thereof.

26.              Mode of making proclamation.

27.              Inquiries under the Act to be deemed judicial proceedings.

28.              Language of Revenue Offices.

29.              Arrest of defaulter to be made upon warrant.

30.              Powers of Revenue Officers to enter upon any lands or premises for           purpose of measurements, etc.

31.              Place of sittings .

32.              Proceedings held on holidays.

33.              Seals.

34.              Costs.

35.              Penalty.

CHAPTER-V

VILLAGE OFFICERS.

36.              Rules regulating appointments, etc., of Village Officers .

37.              Village Officer’s cess.

38.              Restrictions on attachment or assignment of remuneration of Village           Officers.

CHAPTER-VI

RECORDS.

39.              Record of rights and documents included therein.

40.              Making of special revision of record of rights.

41.              Periodical records.

[4][41A.  Digitized Periodical records.]

42.              Making of that part of periodical records which relates to land owners.

[5][42A.  Report of acquisition of rights.]

43.              Making of that part of periodical record which relates to other persons.

44.              Determination of disputes.

45.              Restriction of variations of entries in records.

46.              Mutation fees.

47.              Obligation to furnish information necessary for the preparation of records.

[6][48.     Penalty.]

49.              Rights of Government in mines and minerals.

50.              Presumption to ownership of forests, quarries and wastelands.

51.              Compensation for infringement of rights of third parties in exercise of a      right of Government.

52.              Presumption in favour of entries in records of rights and periodical records.      

53.              Suit for declaratory decrees by persons aggrieved by an entry in record.

54.              Records of rights and periodical records for groups of estates.

[7][54A.  Power to call for information.]

55.              Powers to make rules respecting records and other matters   connected        therewith.

56.              Assessment of land-revenue.

57.              Basis of assessment.

58.              Limit of assessments.

59.              Notification of intended re-assessment and instructions as to principles of assessment.

60.              Mode of determining assessment.

61.              Announcement of assessment.

62.              Application for reconsideration of assessment.

63.              Confirmation and duration of assessment.

64.              Duration of assessment.

65.              Assessment to remain in force till new assessment takes effect.

66.              Refusal to be liable for assessment and consequences thereof.

67.              Distribution of the assessment of an estate over the holdings comprised      therein.

68.              Application for amendment of the distribution of an assessment.

69.              Appeals from orders under sections 62 and 68.

70.              Special assessment.

71.              Power to make rules.

72.              Procedure to be followed m making Rules.

73.              Power to issue instructions.

CHAPTER-VIII

COLLECTIONS OF LAND REVENUE.

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.

78.              Cost recoverable as part of arrear.

79.              Certified account to be evidence as to arrear.

80.              Processes for recovery of arrears.

81.              Notice of demand.

82.              Arrest and detention of defaulter.

83.              Distress and sale of movable property and crops.

84.              Transfer of holding.

85.              Attachment of holding.

86.              Annulment of assessment of holding.

87.              Proclamation of attachment or annulment of assessment and consequences             of proclamation.

88.              Sale of holding.

89.              Effect of sale on encumbrances.

90.              Proceedings against other immovable property of defaulter.

91.              Remedies open to person denying his liability for an arrear.

92.              Proclamation of sale.

93.              Indemnity of Revenue Officer with respect to contents of   proclamation.

94.              Publication of proclamation.

95.              Time and conduct of sale.

96.              Power to postpone sale.

97.              Stay of sale.

98.              Deposit by purchaser in case of sale of immovable property.

99.              Consequences of failure to pay deposit.

100.          Time for payment in full.

101.          Procedure in default of payment.

102.          Report of sale to Commissioner.

103.          Application to set aside sale.

104.          Order confirming or setting aside sale.

105.          Refund or deposit of purchase money when sale set aside.

106.          Proclamation after postponement or on re-sale.

107.          On confirmation of sale possession and certificate to be granted to purchaser.

108.          Sale of immovable property and perishable articles.

109.          Mode of payment for movable property when sale is concluded on the       spot.

110.          Mode of payment for movable property when sale is subject to        confirmation.

111.          Proceeds of sale.

112.          Claims to be attached movable or immovable property how to be disposed             of.

CHAPTER-IX

113.          Recovery of certain arrears through Revenue Officers instead of by suit.

114.          Other sum recoverable as arrears of land-revenue.

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.

117.          Powers of Revenue Officers to define boundaries.

118.          Surveys for purpose of preparation of records.

119.          Assistance to be given by holders and others in the measurement or             classification of lands.

120.          Professional surveys.

121.          Power of Board of Revenue to make rules for demarcation of boundaries   and erection of boundary marks.

122.          Effect of the settlement of boundary.

123.          Powers to fix boundary between riverain estates.

124.          Effect of fixing boundary between riverain estates.

125.          Application for immediate transfer of rights.

126.          Award of compensation and extinguishments of rights thereby.

127.          Voluntary transfers not affected.

128.          Rights transferred to be liable to all the incidents of tenure of the    estate   to which the transfer is made.

129.          Cost of erection and repair of boundary and survey marks.

130.          Recovery of cost incurred by Government.

131.          Responsibility for the maintenance of boundary and survey marks.

132.          Report of destruction or removal of or injury to boundary or survey marks.

133.          Land measurement or survey to be based on a square system or       rectangulation.

134.          Penalty.

CHAPTER-XI

 PARTITIONS.

135.          Application for partition.

136.          Restrictions and limitations on partition.

137.          Notice of application for partition.

138.          Addition of parties to application.

139.          Disallowance of partition.

140.          Procedure on admission of application.

141.          Disposal of questions as to title in the property to be divided.

142.          Disposal of other questions.

143.          Administration of property excluded from partition.

144.          Distribution of revenue and rent after partition.

145.          Instrument of partition.

146.          Delivery of possession of property allotted on partition.

147.          Affirmation of partition privately effected.

148.          Power to make rules as to cost of partition.

149.          Re-distribution of land according to custom.

150.          Officers who may be empowered to act under this chapter.

CHAPTER-XII

ARBITRATION.

151.          Power to refer to arbitration. 

152.          Order of reference and contents thereof.

153.          Nomination of arbitrator.

154.          Substitution of arbitrators by parties.

155.          Nomination and substitution of arbitrators by Revenue Officers.

156.          Process for appearance before arbitrators.

157.          Award of arbitrators and presentation thereof.

158.          Procedure on presentation of award.

159.          Effect of award.

160.          Arbitration Act not to apply to arbitration under this Chapter.

CHAPTER-XIII

APPEAL, REVIEW AND REVISION.

161.          Appeals.

162.          Limitation for appeals.

163.          Review.

164.          Revision.

165.          Stay of proceeding and execution of orders and decrees.

166.          Clerical mistakes etc.

167.          Computation of period Limited under this Chapter.

CHAPTER-XIV

SUPPLEMENTAL PROVISIONS.

REVENUE DEPOSITS.

168.          Power to deposit certain sums other than rent.

169.          Procedure in case of deposits.

170.          Orders of Civil and Criminal Courts for execution of process against land, etc.

171.          Preservation of attached produce.

172.          Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction   of Revenue Officers.

173.          Powers to invest officers making records of rights of general re       assessments with powers of Civil Courts.

174.          Control over such officer and appeal from and revision of their decrees       and orders.

175.          Prevention of encroachment upon common lands.

176.          Papers kept by village Officers to be deemed public documents.

177.          Maps and land record open to inspection, etc.

178.          Restriction on Revenue Officers bidding at auctions or engaging in trade.

CHAPTER-XV

MISCELLANEOUS.

179.          Effect of finality of orders.

180.          Restriction of appointment of lambardars.

181.          Bar on legal proceedings against Revenue Officers.

182.          Power to make rules.

183.          Rules to be made after previous publication.

184.          Repeals and savings.

            THE SCHEDULE

THE WEST PAKISTAN LAND-REVENUE ACT, 1967. 
WEST PAKISTAN ACT NO. XVII OF 1967. 

                                                                                                            [7^th 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: —

CHAPTER-I
PRELIMINARY

            (2) While such exception as aforesaid remains in force, Government may frame rules for the regulation of the matters so excepted. So far 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.

            (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.

            (1) “agricultural year” means the year commencing on the first day of July, or on such other date as the Board of Revenue, with the previous approval of Government, may by notification, appoint for any specified area;

(2) “arrears of land-revenue” means land-revenue which remains unpaid after the date on which it becomes payable;

(3) “assessment circle” means a group of estates which in the opinion of the Board of Revenue, to be recorded in an order in writing, are sufficiently homogeneous to admit of a common set of rates being used as a general guide in calculating the land-          revenue to be assessed upon them;

(4) “Board of Revenue” means the Board of Revenue established under the West Pakistan Board of Revenue Act, 1957 (West Pakistan Act No. XI of 1957);

(5) “boundary mark” means any erection, whether of earth stone, or other material, any hedge, unploughed ridge, or strip of ground, or other object or mark, whether natural or artificial, set up, employed or specified by  a Revenue Officer having authority in that behalf in order to designate the boundary of any division of land;

(6) “commencement” shall mean the day on which this Act or any provision thereof, as the case may be comes into operation;

(7) “defaulter” means a person liable for an arrear of land revenue, and includes a person who is responsible as surety for payment of the arrear;

(8) “encumbrance” means a charge upon or claim against land arising out of a private grant or contract;

(9) “estate” means any area.—

(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;

            [9][(10A) “irrigated land” means land irrigated by a canal, tubewell, well, jhalar, karez, spring or by any other artificial means of irrigation;

(11) “Kanungo” shall be deemed to include a supervision Tapedar;

(12) “land-lord” 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, and shall include a lessee of such person, and the predecessors and successor-in-interest of such person;

(13) “land-owner” includes a person to whom a holding has been transferred, or an estate or holding has been let in farm, under this Act, for the recovery of an arrear of land-revenue or of a sum recoverable as such an arrear and any other person who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate, but does not include a tenant;

(14) “land-revenue” means land-revenue assessed or assessable under this Act, or under any other law for the time being in force relating to land-revenue, and includes any rates imposed on account of increase in the value of and due to irrigation;

(15) “legal practitioner” means any legal practitioner within the meaning of the Legal Practitioners Act, 1879 (Act No. XVIII of 1879), except a Mukhtar:

(16) “net assets” of an estate or group of estates means the estimated average annual surplus produce of such estate or group of estates remaining after deduction of the ordinary expenses of cultivation as ascertained or estimated.

            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:

(c)       village officers cess; and

(d)      any sum payable on account of village expenses;

(21) “rent” means whatever is payable to a land-lord in money or kind by a tenant on account of the use or occupation of land held by him, but shall not include any cess, or other contribution or due or any free personal service;

(22) “Revenue Court” means a Court constituted as such under the law relating to tenancy as in force for the time being;

(23) “Revenue Officer” means a Revenue Officer having authority under this Act to discharge the function of a Revenue Officer;

[10][(23A.) “Service Delivery Centre” means the Service Delivery Centre establishment by the Board of Revenue to update or amend land records through digitized processes, and provide digitized land records to general public;

(23B.)  “service delivery centre official” means an official, who provides services in the Service Delivery Centre] 

            (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—

(a)      a mortgage of the rights of a land-owner :

(b)      a person to whom a holding has been transferred, or an estate or holding has been let in farm, under the provisions of this Act, for the recovery of an arrear of land-revenue or of a sum recoverable as such an arrear; or

(c)       a person who takes from Government a lease of unoccupied land for the purpose of subletting it;

            (27) “tenancy” means a parcel of land held by a tenant under one lease or one set of conditions;

            [11][(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, [12][“Service Delivery Centre official,”] Zabits kotars or Tapedars, Peons, Arbabs, Rais and Headmen (Lambardars).

CHAPTER-II 
DIVISIONS AND DISTRICTS.

            (2) Government may by notification vary the number and limits of Divisions, Districts, Sub-Divisions, Tehsils and sub-Tehsils in the Province.]

CHAPTER-III 
APPOINTMENT AND POWERS OF REVENUE OFFICERS 
Appointment

(a)      the Board of Revenue; 

(b)      the [15][Commissioner;]

(c)       the Collector;

[16][(cc) Assistant Commissioner;]

(d)      the Assistant Collector of the first grade;

(e)       the Assistant Collector of the second grade.

            (2) The Deputy Commissioner of the District or the officer performing for the time being functions as such, shall be the Collector thereof.

            [17][(3) The Assistant Commissioner shall be the in charge of the Sub-Division of the District.]

            (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.

Administrative Control

(3) Subject to the general control of the Board of Revenue a [20][Commissioner] shall control all other Revenue Officers in his Division.

(4) Subject as aforesaid and to the control of the [21][Commissioner], a Collector shall control all other Revenue Officers in his District.

            (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 [22][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 [23][Commissioner] or Collector under sub-section (2) the [24][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.

            (2) The Board of Revenue may by notification, confer 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 [26][Commissioner], Collector or Assistant Collector, as the case may be.

[27][18A]

CHAPTER-IV 
PROCEDURE OF REVENUE OFFICERS

            (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.

            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.

            Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (Act No. 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.

            (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—

(a)      sending it by post to the Collector of the District in which that person has his usual residence who shall cause it to be served in accordance with the provisions contained in sub-section (1); and

(b)      affixing 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 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.

            (4)  A summons may, if the Revenue Officer 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 registered post to the person concerned.

            (5)  When a summons is forwarded as aforesaid, the revenue Officer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

            (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.

            (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.

            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 further that due regard shall always be paid to the social and religious prejudices of the occupiers. 

            (2) An Assistant Collector of the first grade may exercise his powers at any place within the District in which he is employed.

            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-V
VILLAGE OFFICERS

            (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.

CHAPTER-VI 
RECORDS
Records-of-Rights and Periodical Records.

(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;

(b)      a statement of customs respecting rights and liabilities in the estate;

(c)       a map of the estate; and

(d)      such other documents as the Board of Revenue may, with the previous approval of Government prescribe.

            (2)  A notification under sub-section (1) may direct that record-of-rights shall be made or specially revised for all or any of the estates in any local area.

(3)  A record-of-rights made or specially revised for an estate under this section shall be deemed to be the record-of-rights for that estate, but shall not affect any presumption in favour of Government which has already arisen from any previous record-of-rights.

(2) Such edition of the record-of-rights shall be called the periodical record for the estate, and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39, and such other documents, if any, as may be prescribed.

(3)  For the preparation of periodical records, the Collector shall cause to be maintained by the Patwari of each estate a register of mutations in the prescribed form and other prescribed registers, if any.

(2) The Collector shall cause to be prepared periodically by the service delivery centre official, as the Board of Revenue may direct, a digitized edition of the record-of-rights of an estate or group of estates.

(3) The digitized edition of a record-of-rights shall be called the digitized periodical record for an estate and shall comprise the statements mentioned in clause (a) of sub-section (2) of section 39.

(4) The Collector shall cause to be maintained by the service delivery centre official, in digitized form, record of mutations in an estate and other documents, as may be prescribed.

(5) The Board of Revenue shall, by notification in the official Gazette, prohibit manual preparation of periodical record of an estate or group of estates in a District, under section 41 from a specified date.

(6) The Board of Revenue shall cause to be prepared, in digitized form, the latest edition of the periodical record of an estate, if no such record exists.]

Procedure for Making Records.

(a)      record such report in the Roznamcha to be maintained in the prescribed manner:

(b)      Furnish a copy of the report so recorded, free of cost to the person making the report; and

(c)       send a copy of the report, within a week of its receipt by him, to the [31][respective Local Council] within which the estate is situated.

(2) If the person acquiring the right is a minor or is otherwise unable to report, his guardian or other person having charge of his property shall make the report to the Patwari.

(3) The Patwari shall enter in his register of mutations every report made to him under sub-section (1) or sub section (2) and shall also make an entry in the Roznamcha and in the register of mutations respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place and of which report should have been made to him under either of those sub-sections and has not been so made.

(4) The report made to the Patwari under sub-section (1) or sub-section (2) or recorded by him under sub-section (3) shall be displayed in such manner as may be prescribed.

            (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 [32][the Nazim of the Village Council or Nazim of the Neighbourhood Council as a case may be] 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.

            (7)  Except in cases of inheritance or where the acquisition of the right is by registered deed or by or under an order or decree of a Court, the Revenue Officer shall make the order under sub-section (6) in the presence of the person whose right has been acquired, after such person has been identified by two respectable persons, perferably from Lambardars or members of the Union Committee, Town Committee or Union Council concerned whose signatures or thumb-impressions shall be obtained by the Revenue Officer on the register of mutations.

(8) An inquiry or an order under sub-section(6) shall be made in the common assembly in the estate to which the mutation, which is the subject matter of the inquiry, relates.

            (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 office of the [33][Village Council or Neighbourhood Council] in which the estate is situated.

            (2) If the person acquiring the right is a minor or is otherwise unable to report, his guardian or other person having charge of his property, shall make the report to the service delivery centre official.

(3) The service delivery centre official shall enter the particular of the report and the prescribed document identity in the computerized system, and shall also obtain the signatures or thumb impression and computerized national identity card number of the person making the report.

(4) The service delivery centre official shall, in the prescribed manner, inform the person making the report, about the particulars of the mutation requested, and other documents required for processing the mutation, fee or tax payable, any other prescribed requirements, and the date on which the parties shall appear in the service delivery centre official for enquiry and order on the requested mutation by the Revenue Officer.

            (5) The service delivery centre official shall publish a copy of the report and other particulars in such manner as may be prescribed.

(6) On the date specified by the service delivery centre official, the Revenue Officer shall, in the prescribed manner, hold enquiry into the correctness of the entries in the report and make such order as he thinks fit with respect to any entry in the digitized periodical record relating to the right acquired.

            (7) The Revenue Officer shall hold such enquiry in the immediate presence of the person whose right has been acquired and keep photographic evidence thereof unless the person whose right has been acquired is a legal person or unable personally to attend the enquiry because of the prescribed circumstances, or if the right has been acquired through inheritance, registered deed, or by an order of a Court or any other competent authority.

(8) If the person, whose right has been acquired, is a legal person or a person, who is personally unable to attend the enquiry because of the prescribed circumstances, the Revenue Officer shall hold the enquiry in the immediate presence of an authorized agent of such person and shall obtain his signatures or thumb impression and computerized national identity card number as token of correctness and keep photographic evidence therof.]

[36][(b)     if it is disputed, be entered by the patwari or service delivery centre official, in the register of mutation or generate report in digitized record, as the case may be, and dealt with in the manner provided in sub-sections (6) to (11) of section 42.]

            (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.

(a)      making entries in accordance with facts proved or admitted to have occurred;

(b)      making such entries as are agreed by all the parties interested there in or are supported by a decree or order binding on those parties; and

(c)       making new maps where it is necessary to make them.

(2)  A fee in respect of any entry shall be payable by the person in whose favour the entry is made.

(2) The Revenue Officer or Patwari [38][or service delivery centre official as the case may be] 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.

            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.

(2) When in any record-of-rights completed after eighteenth day of November, 1871, ^[41][xxx]it is not expressly provided that any forest or quarry, or any such land, produce or interest as aforesaid, belongs to Government it shall be presumed to belong to the land-owners concerned.

(3) The presumption created by sub-section (1) may be rebutted by showing—

(a)      from the record or report made by the assessing officer at the time of assessment, or

(b)      if the record or report is silent, then from a comparison between the assessment of villages in which there existed, and the assessment of villages of similar character in which there did not exist, any forest or quarry, or any such land, product or interest,

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.

(2) The compensation shall be determined, as nearly as may be, in accordance with the provisions of the Land Acquisition Act. 1894 (Act No. I of 1894).

Supplemental Provisions.

(2)  Whoever fails, without reasonable cause, to furnish the information required under sub-section (1) or furnishes information which he knows, or has reason to believe to be false or omits to give any information material for the purpose for which it is required, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

(3)  No Court shall take cognizance of any offence punishable under this section, except on a complaint in writing by a revenue officer especially or generally empowered in this behalf by the Board of Revenue.

(b)      prescribing the language in which records and registers under this Chapter are to be made;

(c)       prescribing the form of those records and registers, and the manner in which they are to be prepared, signed and attested;

(d)      for the survey of land so far as may be necessary for the preparation and correction of those records and registers;

(e)       for the conduct of inquiries by Revenue Officers under this Chapter; [43][.....]

(f)        generally for the guidance of Revenue Officers and Village Officers in matters pertaining to records and registers mentioned or referred to in this chapter [44][;] [45][and]

[46][(f)    for reporting, preparation, authentication, revision and correction of digitized land records.]

CHAPTER-VII

ASSESSMENT

(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 site;

(c)       such land as is included in Cantonment limits;

(d)      land on which property tax under the West Pakistan Urban Immovable Property Tax Act, 1958 (W. P. Act No. V of 1958), is payable;

(e)       waste and barren land not under cultivation for a continuous period of not less than six year immediately before the date of notification or general assessment or re-assessment under section 59; provided that where any waste and barren land is brought under cultivation at any time after the date of such notification, such land shall not be liable to the payment of land-revenue for a period of six years from the date it is so brought under cultivation [47][;]

[48][(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)].

(2)     Land-revenue shall be assessed in cash.

(3)   Land-revenue may be assessed—

(a)      as a fixed annual charge, payable in lump sum or by installments; or

(b)      in the form of prescribed rates, per acre or other unit of area applicable to the area recorded as sown, matured or cultivated during any harvest or during any year;

            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 the year.

(a)      irrigated land not exceeding [51][two and a half acres.]

(b)      unirrigated land not exceeding [52][five acres];

(c)       irrigated and unirrigated land the aggregate area or which does not exceed [53][two and a half acres] of irrigated land as determined under section 70 B].

 (2) Such estimate shall be made in the prescribed manner.

General Assessments

(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.

(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 under sub-section (3).

(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it

(2) At any time before an assessment is so confirmed the [55][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 [56][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 [57][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.

(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.

(2) When the Revenue Officer receives a notice under sub-section (1), the Collector may take possession of the estate and deal with it, as nearly as may be, as if the annulment of the assessment thereof had been ordered as a process for the recovery of an arrear of land-revenue due thereon.

(3) While the estate is in the possession of the Collector; the land-owner or land-owners shall be entitled to receive from Government an allowance to be fixed by the Board of Revenue, which shall not be less than fifty or more than seventy five per cent of the net income realised by Government from the estate.

(2)  The Collector may for sufficient reasons make an order revising that record at any time while the assessment continues to be in force, and publish the record so revised.

(3)  If the assessment announced under section 61 is in the form of rates chargeable according to the results of each year or harvest, a Revenue Officer shall from year to year or from harvest to harvest, as the conditions of the assessment may require, make and publish, not later than one month before the first instalment or the land revenue falls due, a record of the amount payable in respect of each holding.

(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 thereon 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.

(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.

Special Assessment.

(a)      when it is proposed to change the form of assessment;

(b)      when lands are sold, leased or granted by Government;

(c)       when the assessment of any land has been annulled or the land-owner has refused to be liable therefor, and the term for which the land was to be managed by the Collector or his agent or let in farm has expired;

(d)      when assessments of land-revenue require revision in consequence of the action of water or sand or of calamity of season or from any other cause;

(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 account 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.

[60][[61][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—

(b)   a land owner owning.—

(c)    a land owner owning.—

(d)   a land owner owning.—

(a)      one acre of irrigated land shall be reckoned as equivalent to two acres of unirrigated land; provided that in calculating the aggregate area of a land-owner the conversion is made from unirrigated to irrigated land;

(b)      land owned by a land-owner shall include all land owned by him, whether such land is situated wholly within the province, or partly within and partly outside the province, except the following:—

(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 thereof with possession; or

(iii)    who has permanent rights and interest in land.

(2)  A land-owner who fails without reasonable cause to comply with the provisions of sub-section (l) 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.

(2)  On receipt of such application the Assistant Collector shall cause a notice of the application to be served on the person on whom the liability to pay the land-revenue may devolve as a result of the transfer of land and after holding such inquiry as he considers necessary, shall pass orders, setting forth his reasons therefor.

(3)  Without prejudice to the provisions of sub-sections (i) and (2) the Assistant Collector shall have the power to hold an inquiry and pass appropriate orders if on receipt of any information or otherwise he is of opinion that any land-owner who is liable to pay land-revenue, is not paying such land-revenue or paying less than the amount of the land-revenue which he is liable to pay.

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.

(a)      the method by which the estimate of the money value of the net assets of an estate or group of estates shall be made;

(b)      the method by which assessment to land-revenue shall he made;

(c)       the principles on which exemption from assessment shall be allowed for improvements;

(d)      the manner in which assessment shall be announced;

(e)       thy manner in which the rate of assessment is to be calculated for the purpose of subsection (3) of section 61.

CHAPTER-VIII

COLLECTION 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.

(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.

(a)      by service of a notice of demand on the defaulter under section 81;

(b)      by arrest and detention of his person under section 82;

(c)       by districts and sale of his movable property and uncut or ungathered crops under section 83,

(d)      by transfer, under section 84, of the holding in respect of which the arrear is due;

(e)       by attachment, under section 85, of the holding in respect of which the arrear is due;

(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.

[63][(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].

[65][(2)]

(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 sub-section (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.

(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 seed grain 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.

provided that no order shall be passed under this sub-section 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 transfers the amount of the arrear which the transfer 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.

(3)  The Collector shall report to the [66][Commissioner] any transfer made by him under this section, and the [67][Commissioner] may set aside the transfer or alter the conditions thereof or pass such other order as he thinks fit.

(4) In respect of all rights and liabilities arising under this Act, the person to whom the holding is transferred shall, subject to the conditions of the transfer, stand in the same position as that in which the defaulter would have stood if the holding had not been transferred.

(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

(2) The Collector or the agent shall be bound by all the engagements which existed between the defaulter and his tenants, if any, and shall be entitled to manage the land and to receive all rents and profits accruing therefrom to the exclusion of the defaulter until the arrear has been satisfied, or until the Collector restores the land to the defaulter.

(3) All surplus profits of the land attached beyond the cost of attachment and management and the amount necessary to meet the current demand for land-revenue and rates and cesses shall be applied in discharge of the arrear.

(4)  Land shall not be attached for the same arrear for a longer term than five years from the commencement of the agricultural year next following the date of the attachment, but if the arrear is sooner discharged, the land shall be released and the surplus receipts, if any, made over to the land-owner.

(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—

(a)      while under attachment under section 85, or

(b)      while under the charge of the Court of Wards.

(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 farmed shall not be longer than ten years from the commencement of the agricultural year next following the date of the annulment.

(4)  Some time, before the expiration of the aforesaid term, the Collector shall determine the assessment in respect of the holding for the remainder of the term of the current assessment of the District or Tehsil, [68][or sub-Tehsil,] and, when that assessment has been sanctioned by the Board of Revenue, shall announce it to the land owner.

(5) The land-owner may gave notice to the Collector of refusal to be liable for the assessment within thirty days from the date on which the assessment was announced to him.

(6)  If notice is so given, the Collector may, with the previous sanction of the Board of Revenue take the holding under direct management or farm it for the remainder of the term of the current assessment of the District or Tehsil, [69][or sub-Tehsil,]or for any period within that form which the Board of Revenue may fix.

(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 annulled, 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.

(2)  No payment made by any person to the defaulter before the making of the proclamation on account of rent or any other asset in anticipation of the -usual time for the payment shall, without the previous sanction of the Collector, be credited to that person or relieve him from liability to make the payment to the Collector or his agent or farmer.

(3)  No payment made after the making of the proclamation on account of rent or any other asset of the holding to any person other than the Collector or his agent or farmer shall be credited to the person making the payment or relieve him from liability to make the payment to the Collector or his agent or farmer.

Provided that land shall not be sold for the recovery of-

(a)      any arrear which has accrued while the land was under the charge of the Court of Wards or was so circumstanced that the Court of Wards might, under the law for the time being inforce, have exercised jurisdiction over it; or

(b)      any arrear which has accrued while the land was under attachment under section 85; or

(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.

(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 [70][Commissioner] is satisfied was entered into in good faith, and is proclaimed as hereinafter provided.

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.

(3) The Collector may at any time, by order in writing, withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear

(4)  Any private alienation of the property or any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise made after the issue of the proclamation and before the withdrawal thereof shall be void.

(5)  In proceeding against property under this section, the Collector shall follow as nearly as the nature of the property may admit, the procedure prescribed for the enforcement of process against land on which an arrear of land revenue is due

 (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 arrear or some part thereof accrued is situate.

Procedure in Sales

(a)      the date, time and place of the sale;

(b)      the properly to be sold, and if it is a holding, the land revenue assessed thereon or payable in respect thereof;

(c)       if the property is to be sold for the recovery of an arrear due in respect thereof, the encumbrances, grants and contracts, if any, served by the orders of the [71][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.

(2) The proclamation shall further be published in the manner prescribed in section 26, and in such other manner as the Collector thinks expedient.

(3)  A Copy of the proclamation may also be posted in the office of the Union Committee, Town Committee or Union Council within the area of which property to be sold is situate.

 (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.

(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 [77][Commissioner] that he has sustained substantial injury by reason of the irregularity or mistake.

(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.

(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 [79][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 instalments of land revenue and rates and cesses falling due in respect thereof after the date.

(a)      reference to the [80][Commissioner] in section 103 and 104 were a reference to the collector; and

(b)      in the case of sale of animals, the period of thirty days prescribed in section 95, were a period of ten days.

(2) perishable articles shall be sold 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,

(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 whomsover.

(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 [81][Friday] or, other holiday, then before the close of the first working day after such day.

(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 whomsover.

(2)  The surplus shall not, except under the orders of a Court be paid to any creditor of the person whose property has been sold.

(3)  If the proceeds of the sale fail short of such arrears are referred to in sub-section (1), the balance remaining due from the defaulter may be recovered from him by further proceedings under this Chapter or by any other means authorised by law.

 (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.

CHAPTER-IX

                RECOVERY OF OTHER DEMANDS

                BY REVENUE OFFICERS

(b)      has collected such revenue or sum, but has not credited the same to Government in the manner provided in the rules,

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.

(a)      fees, fines, costs and other charges, including the Village Officers’ cess payable under this Act;

(b)      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 account of other rights described in section 49 or section 50 in cases in which the revenue so due has not been included in the assessment of an estate;

(c)       fees payable under the law for the time being in force for the use or benefit derived from the construction and repair of embankments, and works for supply, storage and control of water for agricultural purposes and for the preservation and reclamation of soil and drainage and reclamation of swamps;

(d)      sums leviable by or under the authority of Government as water-rates, or on account of the maintenance or management of canals, embankments or other irrigation works, not being sums recoverable as arrears of land-revenue under any enactment for the time being in force; and

(e)       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.

(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-suction (1) to the recovery thereof.

CHAPTER-X

SURVEYS AND BOUNDARIES

(2)  A revenue survey may extend to the lands of any village, town, or city generally, or to such land only as may be specified in the notification.

(3)  Subject to the orders of the Board of Revenue, it shall be lawful for the officer conducting any such survey to except any land to which it may not seem expedient that such survey should extend.

(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 No. XVI of 1927) or already set up by or by order of, any court or any such Officer.

(2)  It 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,

(2)  If the owners of land fail to provide suitable persons to act as flage-holders 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.

(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

(c)       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.

(a)      of the proper position of the boundary line or boundary marks, and

(b)      of the rights of the land-owners on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.

(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 settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims,

(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 or section 117, and of the rules, if any, made under section 121.

(3)  Every such boundary line shall 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 unproved by the Commissioner.

Explanation— In this section, and in section 124, 125 and 126,   “Collector” shall be deemed lo include any Revenue Officer appointed by Government to perform the functions of Collector under all or any of the provisions thereof

(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.

(b)      cause notice of the application, and of the day fixed for the hearing thereof, to be served on, or proclaimed for the information of, all persons recorded as having rights in the land specified in the order made under sub section (2) of section 124, and all other persons interested or claiming to be interested therein;

(c)       Upon the day so fixed for hearing, or any day to which the hearing may be adjourned, inquire into the rights in the land and award compensation in respect of all rights found established therein to the persons severally entitled thereto;

(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 anything 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. I 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.

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 un authorised alteration of village boundary and survey marks.

(2)  Where the Revenue Officer causes a boundary or survey mark to be erected or repaired he shall, subject to any rules or direction under section 129, apportion the cost among the person interested in the land in such manner as he deems just, and certify, the same to the Collector.

(3)  The Collector may recover the cost form such persons as if it were an arrear of land revenue.

(2)  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 No. XLV of 1860).

CHAPTER-XI

PARTITION

(a)      at the date of the application me share is recorded under Chapter VI as belonging to him; or

(b)      his right to the share has been established by a, decree which is still subsisting at that date; or

(c)       a written acknowledgment of that right has been executed by all parsons interested in the admission or denial thereof.

(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.

(a)      cause notice of the application and of the day so fixed to be served on such of the recorded co-sharers as have 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.

(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.

(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 judgment and a decree containing the particulars required by the code of Civil procedure, 1908 (Act No. 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 injuction 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.

(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.

(2)  The decision of the Revenue Officer under sub-section (1) 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 fixed 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.

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.

(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.

CHAPTER-XII

ARBITRATION

(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.

(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 delivered within 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.

(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 another nomination within a time to be specified in the order.

(3)  An order under sub-section (2) shall be final.

(b)      if either of the parties fails to nominate an arbitrator under sub-section (1) of section 153 within the period fixed in the order of reference; or

(c)       if the nomination of an-arbitrator has been disallowed under sub-section (2) of section 153 and another arbitrator is not nominated within the time, specified in the order under that sub-section or having been so nominated, his nomination, is also disallowed; or

(d)      if a party entitled to nominate an arbitrator in place of another arbitrator under section 154 fails to nominate him within one week from the date of the communication to him of a notice requiring him to make the nomination; or

(e)       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.

(2) Any such party or witness shall be bound to appear before the arbitrators in obedience to a process issued under sub-section (1), either in person or by agent as the arbitrators may require.

(3)  The person attending in obedience of the process shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such document and other things relating to any such matter as may be specified in the process.

(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.

(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 make to the award.

(2)  An appeal shall lie from the decision of the Revenue Officer made under sub-section (1) as if arbitrators had not been appoint.

CHAPTER-XII

APPEAL, REVIEW AND REVISION

(a)      to the collector , when the order is made by an Assistant Collector, of either grade;

(b)      to the [83][Commissioner], when the order is made by a Collector

(c)       to the Board of Revenue only on a point of law, when the order is made by a [84][Commissioner]:

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 [85][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.

(a)      thirty days, where the appeal lies to the collector;

(b)      sixty days, where the appeal lies to the [86][Commissioner];

(c)       ninety days, where the appeal lies to the Board of Revenue.

(2)  Any person considering himself aggrieved by an order passed by a [88][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 [89][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)        [90][Commissioner], without first obtaining the sanction of the Board of Revenue;

(ii)      Collector, without first obtaining the sanction of the [91][Commissioner], and no order shall be reviewed by any other Revenue Officer, without first obtaining the sanction of the Revenue Officer to whose control he 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)      an 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.

(2)  A [92][Commissioner] or Collector may, at any time, of his own motion or on an application made to him 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 under his control.

(3)  If in any case in which a Collector has called for a record he is of opinion that proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the [93][Commissioner].

(4)  The Board of Revenue may, in any case called for under sub-section (1) and [94][Commissioner] may in any case called for under sub-section (2) or reported to him under sub section (3) pass such orders as it or the thinks fit:

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.

(2)  No order for stay of execution shall be made under sub-section (1), unless the authority making it is satisfied that-

(a)      substantial loss may result to the party applying for stay of execution unless the order is made.