(XVII OF 1967)
[7th December,
1967]
An Act to
consolidate and amend the law relating to Land Revenue in the
Word
'Punjab' substituted for `
4.
Definitions. In this Act, unless there is anything repugnant
in the subject or context,‑‑
(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;
Sindh. For the word `a group of estate' the words a den or group of delis
subs. by the Land Revenue (Sindh Amendment) Act, IX of 1972.
(4) "board
of Revenue" means the Board of Revenue established under the West Pakistan
Board of Revenue Act, 1957 (West Pakistan Act XI of 1957);
Punjab. In clause (4), the words "West Pakistan Board of Revenue Act,
shall be substituted by the words "Punjab Board of Revenue Act".
P.O. No. 1 of 1974, Sch. Para 3.
Sindh. In sub‑section (1) of "West Pakistan" substituted
"Sindh".
In sub‑section
(2) of West Pakistan except the Tribal Areas substituted "Sindh". Sindh Adaptation of Laws Order, 1975
S. 2 & Sch.
(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 private grant or contact;
(9)
"estate" means any area‑‑
(i) for which a
separate record of right 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.
Sindh. The word `deh' shall be substituted for the word
"estate".
(10)
"holding" means a share of portion of an estate held by one land
owner or jointly by two or more land‑owners;
Punjab. After clause (10) the following new clause shall be inserted, namely:‑‑
(10‑A)
"irrigated land" means land irrigated by a canal, tube‑well,
well, lift, spring, tank or by any other artificial means of irrigation".
Sub‑sec.
(10‑A) ins. by Punjab Land Revenue (Amendment) Act, V of 1976.
Punjab Act, III of 1976, S. 2.
Sindh. After clause (10) the following new clause shall be inserted,
namely:‑
(10‑A)
"Irrigated Land" means land irrigated by a canal tube‑well,
well spring or by any other artificial means of irrigation".
Clause (10‑A)
added by Sindh Land Revenue (Amendment) Act, V of 1976.
Sindh Act III of 1976, S. 2.
Baluchistan. After clause (10) the following new clause shall be inserted namely:‑‑
"(10‑A)
"Irrigated Land" means land irrigated by a canal tube‑well,
well jhalar, karaz, spring or by any other artificial means of
irrigation";
Baluehistan
Order, VI of 1977, S. 2.
N.‑W.F.P.
Same as for Baluchistan.
N.‑W.F.P.
Act 1 of 1976, S. 2.
(11)
"Kanungo" shall be deemed to include a supervising Tapedar;
(12)
"landlord" mans 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
successors in interest of such person;
(13) "land‑owner"
includes a person to whom a holding has been transferred, or Rn estate or
holding has been let in farm, under this Act, for the recovery of an arrear of
Land Revenue 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 land due to
irrigation;
(15) "legal
practitioner" means any legal practitioner within the meaning of the Legal
Practitioners Act, 1879 (Act 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.
Clause (16)
omitted by the Land Revenue Sindh (Amendment) Act, IX of 1972.
Explanation:
Ordinary expenses of cultivation include payments, if any, which the land‑owner
customary 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) concession
with regard to fodder,
(h) special abatements
made for fallow or bad harvest,
(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 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 variation and cognate expressions;
(19)
"prescribed" means prescribed by rules made under this Act;
Sindh: After clause (19) the following shall be added as clause (19‑A):‑‑
(19‑A)
`produce index unit' means the measure in terms of which the comparative
productively of a particular land in a particular assessment circle or area is
computed and expressed for the purpose of the scheme relating to the
resettlement of displaced persons on land and in respect of, the assessment
circle and areas where no such unit exists, such measure as may be determined
by the Board of Revenue.
Sindh Act IX of 1972, S. 3.
(20) "rates
and cesses" means and cesses which are primarily payable by land‑owners,
and include‑‑
(a) the local
rate, if any, payable under any for the time being in force, and any fee
similarly leviable from land‑owners for the use of, or benefits 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 of land under any law for the time being in force for
the benefits 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 accumulation of water, or
from erosion by a river;
(c) village
officers' cess; and
(d) any sum
payable or account of village expenses.
(21)
"rent" means whatever is payable to a landlord in money or kind by a
tenant on account of the use or occupation of land held by him, 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 functions of a Revenue Officer:
(24)
"Survey mark" means any mark set 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 the land to
that other person, and includes the predecessors and successors in interest of
such person, but does not include‑‑
(a) a mortgagee
of the right of a land owner; or
(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 lessee of unoccupied land for the purpose of sub‑letting
it;
(27)
"tenancy" means a parcel of land held by a tenant under one lease or
one set of conditions;
[(27‑A)
"unirrigated land" means land other than irrigated land and includes
land fed by rains, floods, hill torrents, and uncultivable or waste land.
N.‑W.F.P.
Same as Baluchistan. Bal.
Ord. VI of 1977. S. 2.
Punjab. Same as Baluchistan.
N.‑W.F.P. Act 1 of
1976, S. 2.
Sindh. Same as
Baluchistan. Punjab
Act 5 of 1976, S. 2.
(27‑A)
"Unirrigated land" means land other than irrigated land.
Sindh Act III of 1976, S. 2.
(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, Patwaris, Zabits, Kotars, or Topedars, Peons,
Arbabs, Rais and Headmen (Lambardars).