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  "title": "West Pakistan Land-Revenue Act, 1967",
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  "text": "Page 1 of 59 \r\n \r\n \r\n \r\n \r\n \r\nTHE WEST PAKISTAN LAND-REVENUE ACT, 1967 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n            CONTENTS \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Power to except any area from provisions unsuited thereto \r\n3. Exclusion of certain land from operation of this Act \r\n4. Definitions \r\nCHAPTER II \r\nDIVISIONS AND DISTRICTS \r\n5. Province to be divided into Divisions \r\n6. Divisions to be divided into Districts and Districts into Sub-Divisions, etc. \r\n \r\nCHAPTER III \r\nAPPOINTMENT AND POWERS OF REVENUE OFFICERS \r\nAppointment \r\n7. Classes of Revenue Officers \r\n8. Appointment of Commissioners and Collectors \r\n9.  Additional Commissioners and Additional Collectors \r\n10. Assistant Collectors \r\n \r\n\r\n \r\nPage 2 of 59 \r\n \r\n11. Tahsildars, etc. \r\n12. Certain appointments to be notified \r\nAdministrative control \r\n13. Superintendence and control of Revenue Officers \r\n14. Power to distribute business and withdraw and transfer cases \r\n15. Combination of offices \r\nPowers \r\n16. Conferment of powers of Revenue Officers \r\n17. Functions of Revenue Officers \r\n18. Retention of powers by Revenue Officers on transfer \r\n \r\nCHAPTER IV \r\nPROCEDURE OF REVENUE OFFICERS \r\n19. Subordination of Revenue Officers \r\n20. Powers to make rules as to procedure \r\n21. Persons by whom appearance and applications may be made before and to Revenue Officers \r\n22. Powers of Revenue Officers to summon persons to give evidence and produce documents \r\n23. Summons to be in writing, signed and sealed \r\n24. Mode of service of summons \r\n25. Mode of service of notice, order or proclamation, or copy thereof \r\n26. Mode of making proclamation \r\n27. Inquiries under the Act to be deemed judicial proceedings \r\n28. Language of Revenue Offices \r\n29. Arrest of defaulter to be made upon warrant \r\n30. Power of Revenue Officers to enter upon any lands or premises for purpose of \r\nmeasurements, etc. \r\n31. Place of sittings \r\n32. Proceedings held on holidays \r\n \r\nPage 3 of 59 \r\n \r\n33. Seals \r\n34. Costs \r\n35. Penalty \r\nCHAPTER V \r\nVILLAGE OFFICERS \r\n36. Rules regulating appointments, etc., of Village Officers \r\n37. Village Officers’ cess \r\n38. Restrictions on attachment or assignment of remuneration of Village Officers \r\nCHAPTER VI \r\nRECORDS \r\n[ \r\nRecords-of-Rights and Periodical Records. \r\n39. Record-of-rights and documents included therein \r\n40. Making of special revision of record-of-rights \r\n41. Periodical records \r\nProcedure for Making Records \r\n42. Making of that part of periodical records which relates to land owners \r\n43. Making of that part of periodical record which relates to other persons \r\n44. Determination of disputes \r\n45. Restriction on variations of entries in records \r\n46. Mutation fees \r\n47. Obligation to furnish information necessary for the preparation of records \r\n48. Penalty \r\nRights of Government and presumptions with respect thereto and \r\nto other matters. \r\n49. Rights of Government in mines and minerals \r\n50. Presumption as to ownership of forests, quarries and waste-lands \r\n51. Compensation for infringement of rights of third parties in exercise of a right of Government \r\n52. Presumption in favour of entries in records-of-rights and periodical records \r\n \r\nPage 4 of 59 \r\n \r\n53. Suit for declaratory decrees by persons aggrieved by an entry in a record \r\n \r\nSupplemental Provisions \r\n54. Record-of-rights and periodical records for groups of estates \r\n55. Powers to make rules respecting records and other matters connected therewith \r\nCHAPTER VII \r\nASSESSMENT \r\n56. Assessment of land-revenue \r\n57. Basis of assessment \r\n58. Limit of assessments \r\nGeneral Assessments \r\n59. Notification of intended re-assessment and instructions as to principles of assessment \r\n60. Mode of determining assessment \r\n61. Announcement of assessment \r\n62. Application for reconsideration of assessment \r\n63. Confirmation and duration of assessment \r\n64. Duration of assessment \r\n65. Assessment to remain in force till new assessment takes effect \r\n66. Refusal to be liable for assessment and consequences thereof \r\n67. Distribution of the assessment of an estate over the holdings comprised therein \r\n68. Application for amendment of the distribution of an assessment \r\n69. Appeals from orders under sections 62 and 68 \r\nSpecial Assessments \r\n70. Special assessments \r\n71. Power to make rules \r\n72. Procedure to be followed in making Rules \r\n73. Power to issue instructions \r\n \r\n  \r\n \r\nPage 5 of 59 \r\n \r\nCHAPTER VIII \r\nCOLLECTION OF LAND-REVENUE  \r\n74. Liability for payment of land-revenue \r\n75. Security for Payment of land-revenue \r\n76. Orders to regulate payment of land-revenue \r\n77. Rules to regulate collection, remission and suspension of land-revenue \r\n78. Costs recoverable as part of arrear \r\n79. Certified account to be evidence as to arrear \r\n80. Processes for recovery of arrears \r\n81. Notice of demand \r\n82. Arrest and detention of defaulter \r\n83. Distress and sale of movable property and crops \r\n84. Transfer of holding \r\n85. Attachment of holding \r\n86. Annulment of assessment of holding \r\n \r\n87. Proclamation of attachment or annulment of assessment and consequences of proclamation \r\n \r\n88. Sale of holding \r\n89. Effect of sale on encumbrances \r\n90. Proceedings against other immovable property of defaulter \r\n91. Remedies open to person denying his liability for an arrear \r\nProcedure in Sales \r\n92. Proclamation of sale \r\n93. Indemnity to Revenue Officer with respect to contents of proclamation \r\n94. Publication of proclamation \r\n95. Time and conduct of sale \r\n96. Power to postpone sale \r\n97. Stay of sale \r\n \r\nPage 6 of 59 \r\n \r\n98. Deposit purchaser in case of sale of immovable property \r\n99. Consequences of failure to pay deposit \r\n100. Time for payment in full \r\n101. Procedure in default of payment \r\n102. Report of sale to Commissioner \r\n103. Application to set aside sale \r\n104. Order confirming or setting aside sale \r\n105. Refund or deposit of purchase-money when sale set aside \r\n106. Proclamation after postponement or on re-sale \r\n107. On confirmation of sale possession and certificate to be granted to purchaser \r\n108. Sale of movable property and perishable articles \r\n109. Mode of payment for movable property when sale is concluded on the spot \r\n110. Mode of payment for movable property when sale is subject to confirmation \r\n111. Proceeds of sale \r\n112. Claims to attached movable or immovable property how to be disposed of \r\nCHAPTER IX \r\nRECOVERY OF OTHER DEMANDS BY REVENUE OFFICERS \r\n113. Recovery of certain arrears through Revenue Officers instead of by suit \r\n114. Other sum recoverable as arrears of land-revenue \r\n115. Application of Chapter VIII to sums recoverable under this Chapter \r\n115-A Charges for recovery of dues, other than Provincial dues, as arrears of land-revenue  \r\nCHAPTER X \r\nSURVEYS AND BOUNDARIES \r\n116. Revenue survey may be introduced by Board of Revenue in any part of Province \r\n117. Powers of Revenue Officers to define boundaries \r\n118. Surveys for purpose of preparation of records \r\n119. Assistance to be given by holders and others in the measurement of classification of \r\n \r\nPage 7 of 59 \r\n \r\nlands \r\n120. Professional surveys \r\n121. Power of Board of Revenue to make rules for demarcation of boundaries and erection of \r\nboundary marks \r\n122. Effect of the settlement of boundary \r\n123. Powers to fix boundary between riverain estates \r\n124. Effect of fixing boundary between riverain estates \r\n125. Applications for immediate transfer of rights \r\n126. Award of cumpensation and extinguishment of rights thereby \r\n127. Voluntary transfers not affected \r\n128. Rights transferred to be liable to all the incidents of tenure of the estate to which the transfer \r\nis made \r\n129. Cost of erection and repair of boundary and survey marks \r\n130. Recovery of cost incurred by Government \r\n131. Responsibility for the maintenance of boundary and survey marks \r\n132. Report of destruction or removal of or injury to boundary or survey marks \r\n133. Land measurement or survey to be based on a square system or rectangulation \r\n134. Penalty \r\nCHAPTER XI \r\nPARTITION \r\n135. Application for partition \r\n136. Restrictions and limitations on partition \r\n137. Notice of application for partition \r\n138. Addition of parties to application \r\n139. Disallowance of partition \r\n140. Procedure on admission of application \r\n141. Disposal of questions as to title in the property to be divided \r\n142. Disposal of other questions \r\n \r\nPage 8 of 59 \r\n \r\n143. Administration of property excluded from partition \r\n144. Distribution of revenue and rent after partition \r\n145. Instrument of partition \r\n146. Delivery of possession of property allotted on partition \r\n147. Affirmation of partition privately effected \r\n148. Power to make rules as to cost of partition \r\n149. Re-distribution of land according to custom \r\n150. Officers who may be empowered to act under this chapter \r\nCHAPTER XII  \r\nARBITRATION \r\n151. Power to refer to arbitration \r\n152. Order of reference and contents thereof \r\n153. Nomination of arbitrators \r\n154. Substitution of arbitrators by parties \r\n155. Nomination and substitution of arbitrators by Revenue Officers \r\n156. Process for appearance before arbitrators \r\n157. Award of arbitrators and presentation thereof \r\n158. Procedure on presentation of award \r\n159. Effect of award \r\n160. Arbitration Act not to apply to arbitration under this Chapter \r\nCHAPTER XIII \r\nAPPEAL, REVIEW AND REVISION \r\n161. Appeals \r\n162. Limitation for appeals \r\n163. Review \r\n164. Revision \r\n165. Stay of proceedings and execution of orders and decrees \r\n166. Clerical mistakes etc. \r\n \r\nPage 9 of 59 \r\n \r\n167. Computation of period limited under this Chapter \r\nCHAPTER XIV \r\nSUPPLEMENTAL PROVISIONS \r\nRevenue Deposits \r\n168. Power to deposit certain sums other than rent \r\n169. Procedure in case of deposits \r\nOrders of Civil and Criminal Courts \r\n170. Orders of Civil and Criminal Courts for execution of processes against land, etc. \r\n171. Preservation of attached produce \r\n \r\nExclusion of Jurisdiction of Civil Courts \r\n172. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue Officers \r\n173. Powers to invest officers making record-of-rights or general re-assessments with powers \r\nof Civil Courts \r\n \r\n174. Control over such officer and appeals from and revision of their decrees and orders \r\n     General \r\n175. Prevention of encroachment upon common lands \r\n176. Papers kept by Village Officers to be deemed public documents \r\n177. Maps and land record open to inspection, etc. \r\n \r\n178. Restriction on Revenue Officers bidding at auctions or engaging in trade \r\n                 _______ \r\n \r\n           CHAPTER XV \r\n         MISCELLANEOUS \r\n179. Effect of finality of orders \r\n180. Restriction on appointment of lambardars \r\n181. Bar on legal proceedings against Revenue Officer \r\n182. Power to make rules \r\n183. Rules to be made after previous publication \r\n184. Repeals and Savings \r\nTHE SCHEDULE \r\n  \r\n \r\nPage 10 of 59 \r\n \r\nTHE WEST PAKISTAN LAND-REVENEU ACT, 1967. \r\nWEST PAKISTAN ACT NO. OF 1967. \r\n \r\n[29th November, 1967] \r\n \r\nAN  \r\n \r\nACT \r\n \r\nto consolidate and amend the law relating to Land-Revenue in the Province of the West Pakistan. \r\n \r\nPreamble. WHEREAS it is expedient to consolidate and amend the law relating to the \r\nmaking and maintenance of record s-of-rights, the assessment and collection of  land-revenue, the \r\nappointment and functions of Revenue Officers and other matters c onnected with the Land -\r\nRevenue Administration in the Province of West Pakistan, or incidental thereto; \r\nIt is hereby enacted as follows: — \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.  (1) This Act may be called the West Pakistan \r\nLand-revenue Act, 1967. \r\n(2) It extends to the whole of the Province of West Pakistan, except the Tribal Areas. \r\n(3) It or any specified provision thereof shall come into operation in such area or areas and \r\non such date or dates as Government may, by notification, appoint in this behalf. \r\n2. Power to except any area from provisions unsuited thereto . (1) Should  the \r\ncircumstances of any area in which this Act, or any specified provision thereof, has been brought \r\ninto force be such that, in the opinion of Government, that provision, or any other provision of the \r\nAct, is unsuited thereto, Government may, by notification, except that area from the operation of \r\nsuch provisions, and thereupon those provisions shall not apply to such area until the notification is \r\nrescinded. \r\n(2) While such exception as aforesaid remains in force, Government may frame rules for the \r\nregulation of the matters so excepted. So far as may be, the rules shall be consistent with the provisions \r\nof this Act and shall specify the period for which such exception shall remain in force. \r\n 3. Exclusion of certain land from operation of this Act . (1) Except so far as may be \r\nnecessary for the record, recovery and administration of village-cess, or for purposes of survey, \r\nnothing in this Act applies to land which is occupied as the site of a town or village, and is \r\nnot assessed to land-revenue. \r\n(2) It shall be lawful for the Collector acting under the general or special orders of the Board \r\nof Revenue, to determine, for the purposes of this Act, what lands are  included within the site of a \r\ntown or village, and to fix and from time to time to vary the limits of the same, regard being had to \r\nall the subsisting right of the land-owners. \r\n4. Definitions.  In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\nPage 11 of 59 \r\n \r\n(1) “agricultural year” means the year commencing on the first day of July, or on such other \r\ndate as the Board of Revenue, with the previous approval of Government, may by notification, \r\nappoint for any specified area; \r\n(2) “arrears of land-revenue” means land-revenue which remains unpaid after the date on \r\nwhich it becomes payable; \r\n(3) “assessment circle”  means a group of estates which , in the opinion of the Board of \r\nRevenue, to be recorded in an order in writing, are sufficiently homogeneous to admit of a common \r\nset of rates being used as a general guide in calculating the land-revenue to be assessed upon them; \r\n(4) “Board of Revenue” means the Board of Revenue established under the West Pakistan \r\nBoard of Revenue Act, 1957 (West Pakistan Act XI of 1957); \r\n(5) “boundary mark” means any erection, whether of earth , stone, or other material, any \r\nhedge, unploughed ridge, or strip of ground, or other object or mark, whether natural or artificial, set \r\nup, employed or specified by a Revenue Officer having authority in that behalf in order to designate \r\nthe boundary of any division of land; \r\n(6) “commencement” shall mean the day on which this Act or any provision thereof, as the \r\ncase may be, comes into operation; \r\n(7) “defaulter” means a person liable fo r an arrear of land-revenue, and includes a person \r\nwho is responsible as surety for payment of the arrear; \r\n(8) “encumbrance” means a charge upon or claim against land arising out of a private grant \r\nor contract; \r\n(9) “estate” means any area— \r\n(i) for which a separate record-of-rights has been made; or \r\n(ii) which has been separately assessed to land-revenue; or \r\n(iii) which the Board of Revenue may, by general rule or special order, declare to \r\nbe an estate; \r\n (10) “holding” means a share or portion of an estate held by one land-owner or jointly by \r\ntwo or more land-owners; \r\n (11)  “Kanungo” shall be deemed to include a supervising Tapedar; \r\n  (12) “land-lord” means a person under whom a tenant holds land, and to w hom the tenant \r\nis, or but for a special contract, would be liable to pay rent for that land, and shall include a lessee \r\nof such person, and the predecessors and successor-in-interest of such person; \r\n  (13) “land-owner” includes a person to whom a holding has been transferred, or an estate or \r\nholding has been let in farm, under this Act, for the recovery of an arrear of land-revenue or of a sum \r\nrecoverable as such an arrear, and any other person who is in possession of an estate or any share or \r\nportion thereof, or in the enjoyment of any part of the profits of an estate, but does not include a \r\ntenant; \r\n \r\nPage 12 of 59 \r\n \r\n  (14)  “land-revenue” means land-revenue assessed or assessable under this Act, or under \r\nany other law for the time being in force relating to land-revenue, and includes any rates imposed \r\non account of increase in the value of land due to irrigation; \r\n  (15) “legal practitioner”  means any legal practitioner within the meaning of the Legal \r\nPractitioners Act, 1879 (Act XVIII of 1879), except a Mukhtar; \r\n  (16) “net assets” of an estate or group of estates means the estimated average annual surplus \r\nproduce of such estate or group of estates remaining after deduction of the ordinary expenses of \r\ncultivation as ascertained or estimated. \r\nExplanation— Ordinary expenses of cultivation include payments, if any, which the land-owner \r\ncustomarily bears, whether in kind or in cash, and whether in whole or in part in respect of— \r\n \r\n(a) water rates, \r\n \r\n(b) maintenance of means of irrigation, \r\n \r\n(c) maintenance of embankments, \r\n \r\n(d) supply of seed, \r\n \r\n(e) supply of manure, \r\n \r\n(f) improved implements of husbandry, \r\n \r\n(g) concessions with regard to fodder, \r\n \r\n(h) special abatements made for fallow or bad harvests, \r\n \r\n(i) cost of collection of rent, \r\n \r\n(j) allowance for shortage in collection of rent, \r\n \r\n(k) interest charges payable in respect of advances made in cash, free of interest, \r\nto tenants for the purpose of cultivation, \r\n \r\n(l) wages or customary dues paid to village auxiliaries whose products or labour \r\nare utilized for the purposes of cultivation and harvesting;  \r\nand the share that would be retainable by a tenant if the land were let to a tenant paying rent, whether \r\nin cash or in kind, at the normal rate actually prevalent in the estate or group of estates; \r\n(17) “Patwari” shall be deemed to include a Tapedar and a Special or Additional Tapedar; \r\n(18) “pay” with its grammatical variations and cognate expressions, includes, when used with \r\nreference to rent, “deliver” and “render”, with their grammatical variations and cognate expressions; \r\n  (19) “prescribed” mean prescribed by rules made under this Act; \r\n(20) “rates and cesses” means rates and cesses which are primarily payable by land-owners, \r\nand include— \r\n(a) the local rate, if any, payable under any law for the time being in force, and any \r\nfee similarly leviable from land -owners for the use of, or benefit s derived from, \r\nembankments and works for supply or storage of water for agricultural purposes \r\nand for the preservation and reclamation of soil and drainage and reclamation of \r\n \r\nPage 13 of 59 \r\n \r\nswamps; \r\n    (b)  any annual rate chargeable on owners of land under any law for the time being in \r\nforce for the benefits derived from drainage works carried on for the public health, \r\nor for the improvement of land or for the proper cultivation or irrigation thereof, \r\nor for the protection from floods or other accumulations of water, or from erosion \r\nby a river: \r\n    (c)  village officers cess ; and \r\n    (d)  any sum payable on account of village expenses ; \r\n (21)  “rent” means whatever is payable to a land-lord in money or kind by a tenant on account \r\nof the use or occupation of land held by him, but shall not include any cess, or other contribution or \r\ndue or any free personal service; \r\n (22) “Revenue Court” means a Court constituted as such under the law relating to tenancy as \r\nin force for the time being; \r\n(23) “Revenue Officer” means a Revenue Officer having authority under this Act to discharge \r\nthe functions of a Revenue Officer; \r\n (24) “survey mark” means any mark set up by the Department of Survey of Pakistan; \r\n(25) “survey number” or “Khasra number” means a po rtion of land of which the area  is \r\nseparately entered under an indicative number in the record-of-rights; \r\n(26)  “tenant” means a person who holds land under another person, and is, or but for a special \r\ncontract would be, liable to pay rent for that land to that other person, and includes the predecessors \r\nand successors-in-interest of such person, but does not include— \r\n(a)  a mortgagee of the rights of a land-owner;  or  \r\n(b)  a person to whom a holding has been transferred, or an estate or holding has been let \r\nin  farm, under the provisions of this Act, for the recovery of an arrear of land-revenue \r\nor of a sum recoverable as such an arrear; or \r\n(c)  a person who takes from Government a lease of unoccupied land for the purpose of \r\nsub-letting it; \r\n(27) “tenancy” means a parcel of land held by a tenant under one lease or one set of conditions; \r\n(28) “Village Officer” means any person appointed under this Act whose duty it is to collect , \r\nor to supervise the collection of , the revenue of an estate, and includes Kanungos, Patwaries, Zabits, \r\nkotars or Tapedars, Peons, Arbabs, Rais and Headmen (Lambardars). \r\nCHAPTER II \r\nDIVISIONS AND DISTRICTS \r\n5. Province to be divided into Divisions.  There shall be as many Divisions in the Province, \r\nwith such limits and such areas, as Government may, by notification, direct.    \r\n \r\n \r\n6. Divisions to be divided into Districts and Districts into Sub -Divisions, etc.  (1) Each \r\n \r\nPage 14 of 59 \r\n \r\nDivision shall be divided into su ch Districts, and each District may be divided into Sub -Divisions or \r\nTahsils (which also include Talukas), as Government may, by notification, specify; and each Sub -\r\nDivision may consist of such Tahsils, and having such limits, as Government may, by notific ation, \r\ndirect.  \r\n \r\n(2) Government may, by notification, vary the number and limits of Divisions, Districts, Sub -\r\nDivision or Tahsils in the Province.  \r\nCHAPTER III \r\nAPPOINTMENT AND POWERS OF REVENUE OFFICERS \r\nAppointment \r\n7.  Classes of Revenue officers. (1) There shall be the following classes of Revenue Officers, \r\nnamely :— \r\n \r\n(a)     the Board of Revenue ; \r\n(b)     the Commissioner ; \r\n(c)     the Collector ; \r\n(d)     the Assistant Collector of the first grade ; \r\n(e)     the Assistant Collector of the second grade. \r\n(2) The Deputy Commissioner of the District or the officer performing for the time being \r\nfunctions as such, shall be the Collector thereof.  \r\n 8. Appointment of  Commissioners and Collectors.  For each Division there shall be a \r\ncommissioner and in each District there shall be a Collector, who shall be appointed by Government, \r\nand who shall exercise throughout the Division or District, as the case may be, all the po wers, and \r\ndischarge all the duties, of the Commissioner or Collector, as the case ay be, under this Act. \r\n 9. Additional Commissioners and Additional Collectors. Government may appoint in any \r\nDivision an Additional Commissioner or in any District an Additio nal Collector, who shall exercise \r\nthroughout the Division or District concerned all or any of the powers and discharge  all or any of the \r\nduties conferred or imposed on a Commissioner or Collector, as the case may be, by or under this \r\nAct, subject to the general supervision and control of the Commissioner of the Division in the case of \r\nAdditional Commissioner, and the Collector of the District in the case of Additional Collector.  \r\n10. Assistant collectors . (1) Government may appoint to each District as many  Assistant \r\nCollectors of the first and second grade as it may deem expedient. \r\n(2) Government may place the revenue administration of a Sub -Division in a District in the \r\ncharge of any Assistant Collector of the first grade appointed to that District and confer all or any \r\nof the powers of the Collector on such officer under sub-section (1) of section 16. \r\n \r\n(3) If any of the powers of Collector, under this Act are conferred on an Assistant Collector \r\nthey shall be exercised by him subject to the control of the Collector. \r\n \r\n 11. Tahsildars, etc. The chief officer entrusted with the local revenue administration of a  \r\nTahsil shall be called the Tahsildar (which also includes a Mukhtiarkar), who shall exercise such \r\npowers and discharge such duties of an Assistant Collector as may be expressly conferred or imposed \r\non him by or under this Act. \r\n \r\nPage 15 of 59 \r\n \r\n12. Certain appointments to be notified. The appointment of all officers under  this Chapter \r\nshall be by notification.  \r\n \r\nAdministrative Control \r\n13. Superintendence and control of Revenue officers.  (1) The Board of Revenue shall be \r\nsubject to the control of Government. \r\n(2) The general superintendence and control over all other Revenue Officers shall be vested in, \r\nand all such Officers shall be subordinate to, the Board of Revenue. \r\n(3) Subject to the general control of the Board  of Revenue, a Commissioner shall control all \r\nother Revenue Officers in his Division. \r\n(4) Subject as aforesaid and to the control of the Commissioner, a Collector shall control al l \r\nother Revenue Officers in his District. \r\n14. Power to  distribute business a nd withdraw and transfer cases. (1) The Board of \r\nRevenue may, by written order distribute, in such manner as may be deemed fit, any  business \r\ncognizable by any Revenue Officer under its control, and , by like order, withdraw any case pending \r\nbefore any such Officer. \r\n(2) The powers exercisable by the Board of Revenue under sub-section may, by like order and \r\nin like manner, be exercised by a Commissioner or Collector in respect of any business cognizable by, \r\nor any case pending before, other Revenue Officers under their respective control. \r\n(3) Where a case is withdrawn by the Board of Revenue under sub- section (1), the Board may \r\ndispose of it itself, or, by written order, refer it for disposal to any Revenue Officer; and where a case \r\nis withdrawn by a Commissioner or Collector under sub-section (2), the Commissioner  or Collector, \r\nas the case may be, may dispose of it himself, or by like or der, refer it to any other Revenue Officer \r\nunder his control. \r\n(4) No order under this section shall empower any Revenue Officer to exercise any powers or \r\ndeal with any business which he would not be competent to exercise or deal with within the local limits \r\nof his own jurisdiction. \r\n15. Combination of Offices. It shall be lawful for Government to appoint one and the same \r\nperson, being otherwise competent according to law, to any two or more of the offices provided for in \r\nthis Chapter. \r\nPowers \r\n16. Conferment of powers of Revenue Officers. (1) Government may, by notification, confer \r\non any person all or any of the powers of a Commissioner or Collector under this Act, and may, in like \r\nmanner, withdraw, such powers. \r\n(2) The Board of Revenue may, by notification, confer on any person all or any of the powers \r\nof an Assistant Collector under this Act, and may, in like manner, withdraw such powers. \r\n(3) A person on whom powers are conferred under this section shall exercise those powers \r\nwithin such local limits and in such classes of cases as Government or the Board of Revenue, as the \r\ncase may be, may direct and, except as otherwise so directed, such person shall, for all purposes \r\n \r\nPage 16 of 59 \r\n \r\nconnected with the exercise  thereof, be deemed to be the Commissioner , Collecto r or Assistant \r\nCollector, as the case may be. \r\n17. Functions of Revenue Officers. Except where the class of Revenue Officers by whom any \r\nfunction is to be performed is specified in this Act, the Board of Revenue may, by notification, \r\ndetermine the functions to be performed under this Act by any class of Revenue Officers. \r\n18. Retention of powers by Revenue Officers on transfer. When a Revenue Officer of any \r\nclass who has, under the  provisions of this Act, any powers to be exercised in any local area , is \r\ntransferred from that local area to another as a Revenue Officer of the same or a higher class, he shall \r\ncontinue to exercise those powers in that other local area unless Government or the Board of Revenue, \r\nas the case may be, otherwise directs or has directed. \r\nCHAPTER IV \r\nPROCEDURE OF REVENUE OFFICERS \r\n19.  Sub ordination of Revenue Officers. In all official acts and proceedings, a Revenue \r\nOfficer shall, in the absence of any express provision of law to the contrary, be subject as to the place, \r\ntime and manner of performing his functions, to the direction and control of the officer to whom he is \r\nsubordinate. \r\n20. Powers to make rules as to procedure. (1) The Board of Revenue may, with the previous \r\napproval of Government ; make rules, not inconsistent with th is Act, for regulating the procedure of \r\nRevenue Officers in cases in which a procedure has not been provided for by this Act. \r\n(2) The rules may provide, among other matters, for the mode of enforcing orders of ejectment \r\nunder this Act from, and delivery of possession of, immovable property, and rules providing for those \r\nmatters may confer on any Revenue Officer all or any of the powers in regard to contempts, resistance, \r\nand the like, which a Civil Court may exercise in the execution of a decree whereby it has adjudged \r\nejectment from, or delivery of possession of, such property. \r\n(3) Subject to the rules made under this section, a Revenue Officer may refer any case which \r\nhe is empowered to dispose of under this Act to another Revenue Officer subordinate to hi m for \r\ninvestigation and report, and may decide the case upon such report after giving the parties concerned \r\nan opportunity of being heard. \r\n21. Persons by whom appearance and applications may be made b efore and to Revenue \r\nOfficers. (1) Appearance before a Revenue Officer, and applications to, and acts to be  done before \r\nhim, under this Act may be made or done— \r\n(a) by the parties themselves; or \r\n(b) by their authorised agents or legal practitioners; \r\nProvided that the employment of an authorised agent or legal practitioner shall not \r\nexcuse the personal attendance of a party to any case in which personal attendance \r\nis specially required by an order of the Revenue Officer. \r\n(2) The fees of a legal practitioner shall not be allowed as costs in any proceedings before a \r\nRevenue Officer under this Act unless that Officer considers, for reasons to be recorded by him in \r\nwriting, that the fees should be allowed. \r\n \r\nPage 17 of 59 \r\n \r\n22. Powers of Revenue Officers to summon persons to give evidence and produce \r\ndocuments. (1) A Revenue Officer may summon any person whose attendance he considers necessary \r\nfor the purpose of any business before him as a Revenue Officer. \r\n \r\n(2) A person so summoned shall be bound to appear at the time and place mentioned in the \r\nsummons in person or, if the summons so allows, by his authorised agent or a legal practitioner: \r\nProvided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 \r\n(Act V of 1908), shall be applicable to requisitions for attendance under this section. \r\n(3) The person attending in obedience to the summons shall be bound to state the truth upon \r\nany matter respecting which he is examined or makes statements, and to produce such documents and \r\nother things relating to any such matter as the Revenue Officer may require. \r\n23. Summons to be in writing , signed and sealed. Every summons shall be in writing, in \r\nduplicate and shall state the purpose for which it is issued, and shall be signed by the Revenue Officer \r\nissuing it, and if he has a seal, shall also bear his seal. \r\n24. Mode of service of summons. (1) A summons issued by a Revenue Officer shall if \r\npracticable, be served (a) personally on the person to whom it is addressed or, failing him, ( b) on his \r\nauthorised agent or (c) an adult male member of his family usually residing with him. \r\n(2) If service cannot be effected in the manner provided in sub -section (1) or if acceptance of \r\nservice is refused, the s ummons may be served by affixing a copy thereof at the usual or last known \r\nplace of residence of the person to whom it is addressed, or, if that person does not reside in the District \r\nin which the Revenue Officer is employed and the case to which the summons relates has reference to \r\nland in that District, the summons may be served by— \r\n \r\n(a) sending it by post to the Collector of the District in which that person has his usual \r\nresidence who shall cause it to be served in accordance with the provisions contained \r\nin sub-section (1); and \r\n \r\n(b) affixing a copy of the summons on some conspicuous place in or near the estate wherein \r\nthe land is situate. \r\n(3) If the summons relates to a case in which persons having the same interest are so numerous that \r\npersonal service on all of them is not reasonably practicable, it may, if the Revenue Officer so directs, \r\nbe served by delivery of a copy thereof to such of those persons as the Revenue Officer nominates in \r\nthis behalf, and by proclamation of the content s thereof for the information of the other person \r\ninterested. \r\n(4) A summons may, if the Revenue Officer so directs be served on the person named therein, \r\neither in addition to, or in substitution for, any other mode of service by forwarding the summons by \r\nregistered post to the person concerned. \r\n(5) When a summons is forwarded as aforesaid, the R evenue Officer may presume that the \r\nsummons was served at the time when the letter would be delievered in the ordinary course of post. \r\n25. Mode of service of notice , order or proclamation, or copy thereof. (1) A notice, order \r\nor proclamation, or a copy of any such document, issued by a Revenue Officer for service on any \r\nperson, shall be served in the manner provided in section 24 for the service of a summons. \r\n \r\nPage 18 of 59 \r\n \r\n(2) No such notice, order or proclamation or copy thereof, shall be deemed void on account of \r\nany error in the name or designation of any person referred to therein, unless such error has occasioned \r\nsubstantial injustice. \r\n26. Mode of making proclamation. When a proclamation is issued by a Revenue Officer, it \r\nshall, in addition to any other mode of publication which may be prescribed by or under this Act, be \r\nmade by beat of drum or other customary method and by affixing a copy thereof on a conspicuous \r\nplace in or near the land to which it relates. \r\n27. Inquiries under the Act to be deemed judicial proceedings. (1) Every inquiry under this \r\nAct shall be deemed to be a “judicial proceeding” within the meaning of sections 193,219 and 228 of \r\nthe Pakistan Penal Code 1860, (Act  XLV of 1860), and the Revenue Officer holding an inquiry shall \r\nbe deemed to be a Court for the purposes of such inquiry. \r\n(2) Every hearing and decision in such inquiry shall be in public, and the parties or their \r\nauthorised agents shall have due notice to attend. \r\n28. Language of Revenue Office s. Government may, by notification, declare what sha ll, for \r\nthe purposes of this Act, be deemed to be the language in ordinary use in any specified part of the \r\nProvince. \r\n29. Arrest of defaulter to be made upon warrant. Whenever it is provided by this Act that a \r\ndefaulter may be arrested, such arrest shall b e made upon a  warrant issued by the Revenue O fficer \r\ncompetent to direct such person’s arrest. \r\n30. Power of Revenue Offices  to enter upon any lands or premises for purpose  of \r\nmeasurements etc. It shall be lawful for any Revenue Officer, and any person acting, under the orders \r\nof a Revenue Officer, at any time to enter, when necessary for the purpose of measurement, \r\ndemarcation, fixation or inspection of boundaries or boundary marks, classification of soil, or \r\nassessment, or for any other purpose connect ed wi th the lawful exercise of his office under the \r\nprovisions of this Act, or any other law for the time being in force relating to land -revenue, upon any \r\nlands or premises, whether belonging to Government or to private individuals; \r\nProvided that no premises used as human dwelling shall be entered upon except with the \r\nconsent of the occupier thereof, or without serving on the occupier a notice of not less than seven days \r\nin the prescribed form: \r\nProvided further that due regard shall always be paid to the social and religious prejudices of \r\nthe occupiers. \r\n31. Place of sittings. (1) A Revenue Officer, other than an Assistant Collector of the first grade, \r\nmay exercise his powers under this Act at any place within the limits of his jurisdiction. \r\n(2) An Assistant Collector of the first grade may exercise his powers at any place within the \r\nDistrict in which he is employed. \r\n32. Proceedings held on holidays.  Any proceedings held before a Revenue Officer under this \r\nAct on a day notified as a holiday, shall not be invalid by reason of such proceedings having been held \r\non that day. \r\n33. Seals. Government may from time to time by notification, prescribe what Revenue Officers \r\nshall use a seal, and what size and description of seal shall be used by each of such Officers. \r\n \r\nPage 19 of 59 \r\n \r\n34. Costs.  A Revenue Officer may give and apportion the costs of any proceedings under this \r\nAct in any manner he thinks fit: \r\nProvided that if he orders that the cost of any such proceedings shall not follow the event, he \r\nshall record his reasons for the order. \r\n35. Penalty. If a person required by summons, notice, order or proclamation proceeding from \r\na Revenue Officer to attend at a certain time and place within the limits of the estate in which he \r\nordinarily resides or in which he holds or cultivates land, fails to comply with the requisition, he shall \r\nbe liable at the discretion of the Revenue Officer to a fine which may extend to fifty rupees. \r\n \r\nCHAPTER V \r\nVILLAGE OFFICERS \r\n36. Rules regulating appointm ents etc., of Village Officers. The Board of Revenue may, \r\nwith the previous approval of Government, make rules to regulate the appointment, duties, \r\nemoluments, punishment, suspension and removal of Village Officers. \r\n37. Village Officers’ cess. (1) Government may, b y notification, impose on all or any of the \r\nestates in the Province, a cess to be called the Village Officers’ cess, at such rate or rates, not exceeding \r\nfive per centum of the land-revenue, as it may think fit, for remunerating Village Officers, other tha n \r\nthose who are Government servants. \r\n (2) The Board of Revenue may, with the previous approval of Government, make rules for the \r\ncollection, control and distribution of the Village Officers’ cess. \r\n38. Restrictions on attachment or assignment of remuneration of village Officers.  (1) The \r\nremuneration of a Village Officer mentioned under sub-section (1) of section 37 shall not be liable to \r\nattachment in execution of a decree or order of a Civil or Revenue Court. \r\n(2) An assignment of, or charge on, or an agreement to assign or charge, any such remuneration \r\nshall be void unless it is authorised by rules made by the Board of Revenue in this behalf. \r\n \r\nCHAPTER-VI \r\nRECORDS \r\nRecords-of-Rights and Periodical Records. \r\n39. Record-of-rights and documents included therein. (1) Save as otherwise provided by \r\nthis Chapter, there shall be a record- of-rights for each estate. \r\n(2) The record-of-rights for an estate shall include the following documents, namely:— \r\n(a) statements showing, so for as may be practicable,— \r\n \r\n(i) the persons who are land-owners, tenants or who are entitled to receive \r\nany of the rents, profits or produce of the estate or to occupy land therein; \r\n \r\n(ii) the nature and extent of the interests of those persons, and the conditions \r\nand liabilities attaching thereto; and \r\n \r\n(iii) the rent, land-revenue, rates, cesses or other payments, due from and to \r\n \r\nPage 20 of 59 \r\n \r\neach of those persons and to Government; \r\n(b)  a statement of customs respecting rights and liabilities in the estate; \r\n(c)  a map of the estate; and \r\n(d)  such other documents as the Board of Revenue may, with the previous approval \r\nof Government, prescribe. \r\n40. Makin g of special revision of record -of-rights. (1) When it appears to the Board of \r\nRevenue that a record-of-rights for an estate does not exist, or that the existing record-of-rights for an \r\nestate requires special revision, the Board of Revenue may, by notification, direct that a record -of-\r\nrights be made, or that the record-of-rights be specially revised, as the case may be. \r\n(2) A notification under sub -section (1) may direct that record -of-rights shall be made or \r\nspecially revised for all or any of the estates in any local area. \r\n(3) A record-of-rights made or specially revised for an estate under this section shall be deemed \r\nto be the record-of-rights for that estate, but shall not affect any presumption in favour of Government \r\nwhich has already arisen from any previous record-of-rights. \r\n41. Periodical records. (1) The Collector shall cause to be prepared by the Patwari of each \r\nestate periodically, as the Board of Revenue may direct, an edition of any record-of-rights amended in \r\naccordance with the provisions of this Chapter. \r\n(2) Such edition of the record-of-rights shall be called the periodical record for the estate, and \r\nshall comprise the statements mentioned in clause (a) of sub-section (2) of section 39, and such other \r\ndocuments, if any, as may be prescribed. \r\n(3) For the preparation of periodical records, the Collector shall cause to be maintained by the \r\nPatwari of each estate a register of mutations in the prescribed form, and other prescribed registers, if \r\nany. \r\nProcedure for Making Records. \r\n42. Making of that part of periodical records which relates to land owners. (1) Any person \r\nacquiring by inheritance, purchase, mortgage, gift, or otherwise, any right in an estate as a land-owner, \r\nor a tenant for a fixed term exceeding one year, shall, within three months from the d ate of such \r\nacquisition, report his acquisition of right to the Patwari of the estate, who shall – \r\n \r\n(a) record such report in the Roznamcha to be maintained in the prescribed manner; \r\n \r\n(b) Furnish a copy of the report so recorded, free of cost , to the person making the \r\nreport; and \r\n \r\n(c) send a copy of the report, within a we ek of its receipt by him, to the Union  \r\nCommittee, Town Committee or Union Council  within which the estate is \r\nsituated. \r\n(2) If the person acquiring the right is a minor, or is otherwise unable to report, his guardian or \r\nother person having charge of his property shall make the report to the Patwari. \r\n \r\nPage 21 of 59 \r\n \r\n(3) The Patwari shall enter in his register of mutations every report made to him under sub -\r\nsection (1) or sub section (2) , and shall also make an entry in  the Roznamcha and in the register of \r\nmutations respecting the acquisition of any such right as aforesaid which he has reason to believe to \r\nhave taken place and of which report should have been made to him under either of those sub-sections \r\nand has not been so made. \r\n(4) The report made to the Patwari under sub-section (1) or sub-section (2) or recorded by him \r\nunder sub-section (3) shall be displayed in such manner as may be prescribed. \r\n(5) If the Patwari fails to record or to display a report made to him under sub-section (l) or sub-\r\nsection (2), the person making the report may make the report, in writing, to the Revenue Officer \r\nconcerned and the Chairman of the Union Committee, Town Committee or Union Council  in which \r\nthe estate is situated , by registered post acknowledg ement due and the Revenue Of ficer shall there -\r\nupon cause such report to be entered in the register of mutations. \r\n(6) A Revenue Officer shall, from time to time, inquire into the correctness of all entries in the \r\nregister of mutations and into all such acqu isitions as aforesaid coming to his knowledge of which, \r\nunder the foregoing sub-sections, report should have been made to the Patwari and entries made in \r\nthat register, and shall in each case make such order as he thinks fit  with respect to any entry in the \r\nperiodical record of the right acquired. \r\n(7) Except in cases of inheritance or where the acquisition of the right is by a registered deed \r\nor by or under an order or decree of a Court, the Revenue Officer shall make the order under sub -\r\nsection (6) in th e presence of the person whose right has been acquired, after such person has been \r\nidentified by two respectable persons, perferably from Lambardars or members of the Union \r\nCommittee, Town Committee or Union Council concerned , whose signatures or thumb -impressions \r\nshall be obtained by the Revenue Officer on the register of mutations. \r\n(8) An inquiry or an order under sub-section (6) shall be made in the common assembly in the \r\nestate to which the mutation, which is the subject matter of the inquiry, relates. \r\n(9) Where a Revenue Officer makes an order under sub-section (6) in regard to the acquisition \r\nof any right, an entry shall be made in the periodical record by the insertion therein of a description of \r\nthe right acquired and by the omission from such record of any entry in any record previously prepared, \r\nwhich, by reason of the acquisition, has ceased to be correct.  \r\n(10) If within three months of the making of a report of the acquisition of a right under sub -\r\nsection (1) or sub-section (2), or the recording by the Patwari of an entry in the Roznamcha under sub-\r\nsection (3) respecting the acquisition of any right, no order is made by the Revenue Officer under sub- \r\nsection (6), he shall report the cause of delay to the Collector in the prescribed manner. \r\n(11) The Revenue Officer shall, in the prescribed manner, send or cause to be sent, the gist of \r\nan order made by him under sub-section (6), to the person  whose right is acquired, and also to the \r\nUnion Committee, Town Committee or Union Council in which the estate is situated.  \r\n43. Making of that part of periodical record which relates to other persons. The acquisition \r\nof any interest in land other than a right referred to in sub-section (1) of section 42 shall— \r\n(a)  if it is undisputed, be recorded by the Patwari in the prescribed manner ; and \r\n(b)   if it is disputed, be entered by the Patwari in the register of mutations and dealt \r\n \r\nPage 22 of 59 \r\n \r\n with in the manner provided for in sub-sections (6) to (11) of that section.  \r\n44. Determination of disputes.  (1) If during the making, revision or preparation of any record, \r\nor in the course of any inquiry under this Chapter, a dispute arises as to any matter of which an entry \r\nis to be made in a record or in a register of mutations, a Revenue Officer may of his own motion, or \r\non the application of any party interested, but  subject to the provisions of section 45 , and after such \r\ninquiry as he thinks fit, determine the entry to be made as to that matter and record his reasons therefor. \r\n(2) If in any such dispute, the Revenue Officer is unable to satisfy himself as to which of  the \r\nparties thereto is in possession of any property to which the dispute relates, he shall— \r\n \r\n(a) if he be not below the rank of Assistant Collector of the first grade, ascertain, \r\nafter an inquiry in which an opportunity shall be given to all the parties, to the \r\ndispute of being heard and adducing evidence in support of their claims, who is \r\nthe person best entitled to the property, and shall by written order direct that the \r\nperson be put in possession thereof, and that entry in accordance with that order \r\nbe made in the record or register; and \r\n \r\n(b) if he be below the rank of Assistant Collector of the first grade, report the matter \r\nto the Assistant Collector of the first grade, who shall thereupon proceed in the \r\nmanner provided in clause (a). \r\n(2) A direction under sub -section (3) shall be subject to any decree or order which may be  \r\nsubsequently passed by any Court of competent jurisdiction. \r\n45. Restriction in va riations of entries in records. Entries in a record -of-rights or in a \r\nperiodical record, except entries made in periodical records by Patwaris under clause (a) of section 43 \r\nwith respect to undisputed acquisitions of interest referred to in that section, shall not be varied in \r\nsubsequent records otherwise than by— \r\n \r\n(a) making entries in accordance with facts proved or admitted to have occurred; \r\n \r\n(b) making such entries as are agreed by all the parties int erested therein or are \r\nsupported by a decree or order binding on those parties; and \r\n \r\n(c) making new maps where it is necessary to make them. \r\n46. Mutation fees. (1) The Board of Revenue may fix a sc ale of fees for all or any classes of \r\nentries in any record or register under this Chapter and for copies of any such entries. \r\n(2) A fee in respect of any entry shall be payable by the person in whose favour the entry is \r\nmade. \r\n47. Obligation to furnish information necessary f or the preparation of records.  (1) Any \r\nperson whose rights, interest s or liabilities are required to be, or have been , entered in any record or \r\nregister under this Chapter, shall be bound, on the requisition of any Revenue Officer or Patwari \r\nengaged in compiling or revising the record or register, to furnish or produce for his inspection, all \r\nsuch information or documents needed for the correct compilation or revision thereof as may be within \r\nhis knowledge or in his possession or power. \r\n(2) The Revenue Officer or Patwari to whom any information is furnished or before whom any \r\ndocument is produced in accordance with a requi sition under sub -section (1) shall give a written \r\n \r\nPage 23 of 59 \r\n \r\nacknowledgement thereof to the person furnishing or producing the same, and shall endorse on any \r\nsuch document a note over his signature, stating the fact of its production and the date thereof. \r\n48. Penalty. A person neglecting to make, within three months from the date of his acquisition \r\nof a right referred to in section 42, the report required to be made under that section or w ho fails to \r\nfurnish the information or produce the documents required by section  47, shall be liable, at the \r\ndiscretion of Collector, to a fine not exceeding twenty-five rupees.  \r\nRights of Government and presumptions with respect thereto and to other matters. \r\n49. Rights of Government in mines and minerals. Notwithstanding anything to the contrary \r\nin any other law, or in any order or decree of Court or other authority, or in any rule of custom or \r\nusage, or in any contract, instrument, deed or other document, all mines and minerals shall be and shall \r\nalways be deemed to have been the property of Government, and Government shall have all powers \r\nnecessary for the proper enjoyment of its rights thereto. \r\nExplanation—For the purposes of this section, “Government”, in relation to nucle ar energy, \r\nmineral oil and natural gas, shall mean the 1[Federal Government], and in relation to other mines and \r\nminerals, the Government of West Pakistan. \r\n50. Presumption as to ownership of fore sts, quarries and waste -lands. (1) When in any \r\nrecord-of-rights completed on or before the eighteenth day of November, 1871, in territories where the \r\nPunjab Land Revenue  Act, 1887 (Punjab Act XVII of 1887), was, with or without modifications, in  \r\nforce immediately before the commencement of this Act , or completed on  or before the seventeenth \r\nday of July, 1879, in territories where the Bombay Land Revenue Code, 1879 (Bombay Act  \r\nV of 1879), or the Sind Land Revenue Code, 1879 (Sind Act V of 1879), was so in force, it is not \r\nexpressly provide that any forest or quarry, or any unclaimed, unoccupied, deserted or waste-land, or \r\nany spontaneous produce or other accessory interest in land belongs to the land -owners, it shall be \r\npresumed to belong to Government.   \r\n(2) When in any record -of-rights completed after eighteenth da y of November, 1871 , or the \r\nseventeenth day of July, 1879, as the case may be, it is not expressly provided that any forest or quarry, \r\nor any such land, produce or interest as aforesaid, belongs to Government, it shall be presumed to \r\nbelong to the land-owners concerned.  \r\n(3) The presumption created by sub-section (1) may be rebutted by showing— \r\n     (a)  from the record or report made by the assessing officer at the time of assessment, \r\nor \r\n    (b)    if the record or report is silent, then from a comparison between the assessment of \r\nvillages in which there existed, and the assessment of villages of similar character \r\nin which there did not exist, any forest or quarry, or any such land, product or \r\ninterest, \r\nthat the forest, quarry, land, produce or interest was taken into account in the assessment of the land -\r\nrevenue. \r\n(4) Until the presumption is so rebutted, the forest , quarry, land, produce, or interest shall be \r\nheld to belong to Government. \r\n1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.  \r\n \r\nPage 24 of 59 \r\n \r\n51. Compensation for infringement of rights of third parties in exerc ise of a right of \r\nGovernment. (1) Whenever, in the exercise of any right of Government referred to in sections 49 and \r\n50, the rights of any person are infringed by the occup ation or disturbance of the surface of any land , \r\nGovernment shall pay, or cause to be paid, to that person compensation for the infringement. \r\n(2) The compensation shall be determined, as nearly as may be, in accordance with the \r\nprovisions of the Land Acquisition Act, 1894 (Act I of 1894). \r\n52. Presumption in favour of entries in records-of-rights and periodical records. An entry \r\nmade in a record-of-rights in accordance with the law for the time being in force, or in a periodical \r\nrecord in accordance with the provisions of this Chapter and the rules made thereunder, shall be \r\npresumed to be true until the contrary is proved or a new entry is lawfully substituted therefore. \r\n53. Suit for declaratory decrees by persons aggrieved by an entry in a record. If any person \r\nconsiders himself aggrieved by an entry in a record -of-rights or in a periodical record as to any right \r\nof which he is in possession, he may institute a suit for a declaration of his right under Chapter VI of \r\nthe Specific Relief Act, 1877 (Act 1 of 1877). \r\nSupplemental Provisions \r\n54. Record-of-rights and periodical  records for groups of estates. The Board of Revenue \r\nmay, by notification, direct that a record-of-rights shall be made for any group of neighbouring estates \r\ninstead of separately for each of such estates, and thereupon the provisions of this Chapter with respect \r\nto a record-of-rights and a periodical record for an estate shall, so far as they can be made applicable, \r\napply to the record-of-rights and the periodical record for such group of estates as if the group were an \r\nestate. \r\n55. Powers to make rules respecting records and other matters connected therewith. The \r\nBoard of Revenue may, with the previous approval of Government, make rules— \r\n(a)  prescribing the language in which records and registers under this Chapter are \r\nto be made; \r\n(b)  prescribing the form of those records and registers, and the manner in which \r\nthey are to be prepared, signed and attested; \r\n(c)  for the survey of land so far as may be necessary for the preparation and \r\ncorrection of those records and registers; \r\n(d)  for the conduct of inquiries by Revenue Officers under this Chapter; and  \r\n(e)  generally for the guidance of Revenue Officers and Village Officers in matters \r\npertaining to records and registers mentioned or referred to in this Chapter. \r\nCHAPTER VII \r\n \r\nASSESSMENT \r\n 56. Assessment of land-revenue. (1) All land, to whatever purpose applied and wher ever \r\nsituate, is liable to the payment of land-revenue to Government, except— \r\n \r\n(a) such land as has been wholly exempted from that liability by speci al contract \r\n \r\nPage 25 of 59 \r\n \r\nwith Government, or by the provisions of any law for the time being in force; \r\n(b) such land as is included in village site; \r\n \r\n(c) such land as is included in Cantonment limits; \r\n \r\n(d) land on which property tax under the West Pakistan Urban Immovable Property \r\nTax Act, 1958 (W. P. Act V of 1958), is payable; \r\n \r\n(e) waste and barren land not under cultivation for a continuous period of not less \r\nthan six year immediately before the date of notification or general assessment \r\nor re-assessment under section 59; provided that where any w aste and barren \r\nland is brought under cultivation at any time after the date of such notification, \r\nsuch land shall not be liable to the payment of land -revenue for a period of six \r\nyears from the date it is so brought under cultivation. \r\n (2) Land-revenue shall be assessed in cash.  \r\n (3) Land-revenue may be assessed —  \r\n \r\n(a) as a fixed annual charge, payable in lump sum or by installments; or \r\n \r\n(b) in the form of prescribed rates, per acre or other unit of area applicable to the \r\narea recorded as sown, matured or cultivated during any harvest or during any \r\nyear : \r\nProvided that land-revenue shall not be assessed in the form of sliding scales varying annually \r\naccording to the market price of any agricultural produce prevailing during a specified period o f the \r\nyear. \r\n 57. Basis of assessment. (1) The assessment of land-revenue shall be based on an estimate of \r\nthe average money -value of the gross produce of an estate or a group of estates, in  which the land \r\nconcerned is situated.  \r\n(2) Such estimate shall be made in the prescribed manner. \r\n58. Limit of assessment. If the land-revenue is assessed as a fixed annual charge, the amount \r\nthereof, and if it is assessed in the form of prescribed rate, the average amount which, according to an \r\nestimate in writi ng approved by Government or the Board of Revenue, as the case may be, will be \r\nleviable annually, shall not, in the case of an  assessment circle, exceed one -fourth of the estimated \r\nmoney-value of the net assets of such assessment circle. \r\nGeneral Assessments \r\n59. Notification of intended re-assessment and instructions as to principles of assessment. \r\n(1) Assessments of land-revenue may be general or special. \r\n(2) A general assessment or re -assessment of the land-revenue of any area shall not be \r\nundertaken without the previous sanction of Government and notification of that sanction.  \r\n(3) In granting such sanction Government may give such instructions consistent with the \r\nprovisions of this Act and the rules made thereunder as it may deem fit. \r\n \r\nPage 26 of 59 \r\n \r\n60. Mode of determining assessment. (1) A general assessment shall be made by a Revenue \r\nOfficer. \r\n(2) Before making such assessment the Revenue Officer shall report through the Commissioner \r\nfor the sanction of the Board of Revenue his proposals with regard thereto. \r\n61.  Announcement of assessment. (1) After consideration of the proposals submitted by the \r\nRevenue Officer under the provisions of section 60, the Board of Revenue shall pass such orders as it \r\nmay deem fit, subject to the provisions of sub -sections (3) and (4), and on the receipt of such orders \r\nthe Revenue Officer shall make an order determining the assessment proper for each estate concerned \r\nand shall announce it in such manner as Government may by rule prescribe. \r\n(2) At the time of announcing the assessment the Revenue Officer shall also declare the date \r\nfrom which it is to take effect, and, subject to the other provisions of this Act, it shall take effect \r\naccordingly. \r\n(3) Subject to the provisions of sub-section (4), the average rate of assessment imposed under \r\nthe provisions of sub-section (1) on any assessment circle forming part of any area in respect of which \r\na notification has been issued under sub-section (2) of section 59 shall not exceed the rate of assessment \r\nimposed at the last previous assessment by more than one-fourth; provided that the rate of assessment \r\nimposed on any estate shall not exceed the rate of assessment of the last previous assessment on the \r\nestate by more than one-half. \r\n(4) The provisions of sub-section (3) shall not be applicable in the case of land which has not \r\nbeen previously assessed to land -revenue or in which canal irrigation has been introduced after the \r\ndate of the orders passed under the provisions of sub -section (l) at the last previous assessment, or in \r\nthe case of an area which has been notified by Government to be an urban assessment circle , and for \r\nthe purpose of calculating the increase in the incidence of the land-revenue  for the purpose of sub -\r\nsection (3), all such land shall be excluded from calculation: \r\nProvided that in the case of lands in which canal irrigation has been introduced after the date \r\nspecified in this sub -section, the average rate of assessment shall not, so far as may be, exceed the \r\naverage rate of assessment of lands of similar kind imposed under sub-section (3). \r\n62. Application for reconsideration  of assessment. (1) Any land -owner may, within thirty \r\ndays from the date of the announcement of the assessment, present a petition to the Revenue Officer \r\nfor a reconsideration of the amount, form or conditions of the assessment. \r\n(2) The order passed by the Revenue Officer on the petition shall set forth his reasons for \r\ngranting or refusing it.  \r\n63. Confirmation and duration of assessment. (1) An assessment, the undertaking of which \r\nhas been sanctioned under the provisions of section 59, shall not be considered final until it has been  \r\nconfirmed by the Board of Revenue. \r\n(2) At any time before an assessment is so confirmed, the Commissioner or Board of Revenue \r\nmay, subject to the provisions of sub-section (3), modify the assessment of any estate. \r\n(3) Before an enhancement is ordered under the provisions of  sub-section (2), the \r\nCommissioner or the Board of Revenue, as the case may be, shall cause reasonable notice to be given \r\nto the land-owners by proclamation published in the manner described in section 26, to show cause in \r\n \r\nPage 27 of 59 \r\n \r\na petition addressed to the Revenue Officer why the proposed enhancement should not be ordered, and \r\nthe Revenue Officer shall enquire into any objections raised by any land-owner and submit such \r\npetition received by him with his report thereon to the Commissioner or the Board of Revenue, who \r\nshall consider the petition and the report and shall also hear the petitioner if the petitioner so desires. \r\n64. Duration of assessment. (1) The Board of Revenue shall, when confirming an assessment \r\nunder sub-section (1) of section 63, fix a period of time for which the assessment shall remain in force. \r\n(2) The period fixed under sub-section (1) shall be twenty-five years: \r\nProvided that a period not exceeding twenty-five years and not shorter than ten years may be \r\nfixed for any area, specified by the Board of Revenue, in which canal irrigation has been introduced \r\nafter the date of the orders passed under the provisions of sub -section (1) of sec tion 61 at the last \r\nprevious assessment or in which it has been proposed to introduce such irrigation during the period \r\nfixed. \r\n65. Assessment to remain in force ti ll new assessment takes effect. Notwithstanding the \r\nexpiration of the period fixed for the co ntinuance of an assessment under the last foregoing section, \r\nthe assessment shall remain in force till a new assessment takes effect. \r\n66. Refusal to be liable for assess ment and consequences thereof. (1) At any time within \r\nninety days from the date of the announcement of an assessment, the land -owner or, where there are \r\nmore land-owners than one, any of them who would be individually or collectively liabel for more \r\nthan half the sum assessed, may give notice to the Revenue Officer of refusal to be liable  for the \r\nassessment. \r\n(2) When the Revenue Officer receives a notice under sub -section (1), the Collector may take \r\npossession of the estate and deal with it, as nearly as may be, as if the annulment of the assessment \r\nthereof had been ordered as a process for the recovery of an arrear of land-revenue due thereon. \r\n(3) While the estate is in the possession of the Collecto r the land-owner or land-owners shall \r\nbe entitled to receive from Government an allowance , to be fixed by the Board of Revenue, which \r\nshall not be less than fifty or more than seventy-five per cent of the net income realised by Government \r\nfrom the estate. \r\n67. Distribution of the assessment of an estate over the holdings comprised therein. (1) If \r\nthe assessment announced under section 61 is in whole or in part a fixed assessment of an estate for a \r\nterm of years, the Revenue Officer shall, before the date on which the first instalment thereof becomes \r\npayable, make an order distributing it over the several holdings comprised in the estate and make and \r\npublish a record of the distribution. \r\n(2) The Collector may for sufficient reason make an order revising that record at any time while \r\nthe assessment continues to be in force, and publish the record so revised. \r\n(3) If the assessment announced under section 61 is in the form of rates chargeable according \r\nto the results of each year or harvest, a Revenue Officer shall from year to year or from harvest to \r\nharvest, as the conditions of the assessment may require, make and publish, not later than one mont h \r\nbefore the first instalment of  the land-revenue falls due, a record of the amount payable in respect of \r\neach holding. \r\n(4) Notwithstanding anything contained in this section, arid land (whether cultivated or not) in \r\n \r\nPage 28 of 59 \r\n \r\nwhich well or tube-well irrigation facilities are provided by or on behalf of the land-owner or the tenant \r\nshall, for a period not less than four years from the date such irrigation facilities are first provided in \r\nsuch land, not be liable to pay land -revenue at a higher rate than was payable the reon before such \r\nirrigation facilities were provided. \r\nExplanation— For the purposes of this sub-section, only such land shall be deemed to be ‘arid \r\nland’ in which canal irrigation has not been introduced. \r\n68. Application for amendment of the d istribution o f an assessment. (1) Any person \r\naffected by a record under sub -section (1) or sub -section (3) of the last foregoing section or by the \r\nrevision of a record under sub-section (2) of that section, may, within thirty days from the date of the \r\npublication of the record, present a petition to the Revenue Officer for a re-consideration of the record \r\nso far as it affects him. \r\n(2) The order passed by the Revenue Officer on the petition shall set forth his reaso ns for \r\ngranting or refusing it. \r\n69. Appeals from orders under section 62 and 68. An appeal from an order under the last \r\nforegoing section or section 62 shall  lie  to  the  Commissioner and  from  the  appellate  order  of  the \r\nCommissioner, to the Board of Revenue. \r\nSpecial Assessments \r\n70. Special assessments. (1) Notwithstanding the provisions of sections 64 and 65, special \r\nassessment may be made by Revenue Officers in the following cases, namely:— \r\n \r\n(a) when it is proposed to change the form of assessment; \r\n \r\n(b) when lands are sold, leased or granted by Government; \r\n \r\n(c) when the assessment of any land has been annulled or the land-owner has \r\nrefused to be liable therefor, and the term for which the land was to be managed \r\nby the Collector or his agent or let in farm has expired; \r\n \r\n(d) when assessments of land-revenue require revision in consequence of the action \r\nof water or sand or of calamity of season or from any other cause; \r\n \r\n(e) when revenue due to the Government on account of pasture or other natural \r\nproducts of land, or on account of mills, f isheries or natural products of water, \r\nor on account of other rights described in section 49 or section 50, has not been \r\nincluded in an assessment made under the foregoing provisions of this Chapter; \r\n \r\n(f) when waste and barren land becomes liable to the payment of land-revenue. \r\n(2) The Board of Revenue may confirm any assessment made under this section. \r\n(3) The foregoing provisions of this Chapter with respect to general assessment shall, subject \r\nto such modifications thereof as the Board of Revenue may prescribe by executive instructions issued \r\nunder the provisions of section 73, regulate the procedure of Revenue Officers making special \r\nassessments. \r\n \r\nPage 29 of 59 \r\n \r\n71. power to make rules. Government shall, subject to the provisions of section 72, from time \r\nto time, make rules prescribing— \r\n \r\n(a) the method by which the estimate of the money -value of the net assets of an \r\nestate or group of estates shall be made; \r\n \r\n(b) the method by which assessment to land-revenue shall be made; \r\n \r\n(c) the principles on which exemption from a ssessment shall be allowed for \r\nimprovements; \r\n \r\n(e) the manner in which assessment shall be announced; \r\n \r\n(f) the manner in which the rate of assessment is to be calculated for the purpose \r\nof sub-section (3) of section 61. \r\n72. Procedure to be followed in making Rules. Before making any rule under the provisions \r\nof section 71, Government shall, in addition to observing the procedure laid down in section 22 of the \r\nWest Pakistan General Clauses Act, 1956 (W.P. Act VI of 1956), publish by notification a draft of the \r\nproposed rule for the information of persons likely to be affected thereby. \r\n73. Power to issue instruction s. Government or the Board of R evenue with the approval of \r\nGovernment may, for the guidance of Revenue Officers, from time to time, issue executive instructions \r\nrelating to all matters to which the provisions of this Chapter apply; provided that such instruction \r\nshall be consistent with the provisions of this Act and the rules made thereunder. \r\n \r\nCHAPTER VIII \r\nCOLLECTION OF LAND-REVENUE  \r\n 74. Liability for payment of land-revenue. In the case of any holding, the holding and its \r\nland-owner shall be liable for the payment of lan d-revenue thereon, and if there be joint land-owners \r\nof a holding, the holding and all the land -owners jointly and severally shall be liable for the payment \r\nof the land-revenue. \r\n75. Security for Payment of land-revenue. (1) The land-revenue for the time being assessed \r\nand payable in respect of a holding shall be the first charge upon the rents, profits and produce thereof. \r\n(2) Save with the previous consent of the Collector, the rents, profits and produce of a holding \r\nshall not be liable to be taken in execution of a decree or order of any Court until the land -revenue \r\nchargeable against the rents, profits or produce or any arrear of land -revenue due in respect of the \r\nholding, have been paid. \r\n76. Orders to reg ulate payment of land-revenue. (1) Notwithstanding anything in any \r\nrecord-of-rights, the Board of Revenue may fix the  number and amount of the insta lments, and the \r\ntimes, places and manner, by, at and in which the land-revenue is to be paid. \r\n(2) Until the Board of R evenue otherwise directs, land-revenue shall be payable by  the \r\ninstallments at the times and places and in the manner, by , at and in which it is payable immediately \r\nbefore the commencement of this Act. \r\n \r\n \r\nPage 30 of 59 \r\n \r\n77. Rules to regulate collection, remission and suspension of land -revenue. The Board of \r\nRevenue may, with the previous approval of Government, make rules not inconsistent with this Act to \r\nregulate the collection, remission and suspension of land-revenue. \r\n78. Costs recoverable as part of arrear. The costs of any process issued under this Chapter \r\nshall be recoverable as part of the arrear of land-revenue in respect of which the process was issued. \r\n79. Certified account  to be evidence as to arrear. A statement of account certified by a \r\nRevenue Officer shall be conclusive proof of the existence of an arrear of land-revenue, of its amount \r\nand of the person who is the defaulter. \r\n80. Processes for recovery of arrears. Subject to the other provisions of this Act, an arrear of \r\nland-revenue may be recovered by any one or more of the following processes, namely:— \r\n \r\n(a) by service of a notice of demand on the defaulter under section 81; \r\n \r\n(b) by arrest and detention of his person under section 82; \r\n \r\n(c) by districts and sale of his movable property and uncut or un gathered crops \r\nunder section 83; \r\n \r\n(d) by transfer, under section 84, of the holding in respect of which the arrear is \r\ndue; \r\n \r\n(e) by attachment, under section 85, of the holding in respect of which the arrear is \r\ndue; \r\n \r\n(f) by annulment, under section 86, of the assessment of that holding; \r\n \r\n(g) by sale of that holding under section 88; \r\n \r\n(h) by proceedings against other immovable property of the defaulter under section \r\n90. \r\n81. Notice of demand. (l) A notice of demand may be issued by Revenue Officer on or after \r\nthe day following that on which an arrear of land-revenue accrues. \r\n82. Arrest and detention of defaulter. (1) If after lapse of fifteen days of the service of notice \r\nof demand under section  81 on a defaulter, the arrears of land -revenue due from him, or any p art \r\nthereof, remain unpaid, a Revenue Officer may issue a further notice to the defaulter requiring him to \r\npay such amount, and if after laps of thirty days of the service of such further notice, such amount or \r\nany part thereof still remains unpaid, the Revenue Officer may issue a warrant directing an officer \r\nnamed therein to arrest the defaulter and bring him before the Revenue Officer. \r\n(2) The further notice referred to in sub -section (1) shall be served in the manner provided in \r\nsub-sections (1), (2) and (3) of section 24, and a copy thereof shall, wherever practicable, be also \r\nforwarded by registered post to the defaulter. \r\n(3) When the defaulter is brought before the Revenue Officer, the Revenue Officer may cause \r\nhim to be taken before the Collector, or make keep him under personal restraint for a period not \r\nexceeding ten days, and then, if the arrear is still unpaid, cause him to be taken before the Collector.  \r\n \r\nPage 31 of 59 \r\n \r\n(4) Where the Revenue Officer keeping a defaulter under personal restraint is an Assistant \r\nCollector of the second grade, he shall without delay report his action to the Collector, if the period of \r\nsuch restraint exceed twenty-four hours. \r\n(5) When the defaulter is brought before the Collector, the Collector may issue an order to the \r\nofficer-in-charge of the Civil Jail of the District, directing him to confine the defaulter in jail for such \r\nperiod, not exceeding one month from the date of the order, as the Collector thinks fit. \r\n(6) The process of arrest and detention shall not be executed against a defaulter who is a female, \r\na minor, a lunatic or an idiot. \r\n(7) A warrant of arrest issued against a defaulter under sub-section (1) shall not be executed, if \r\nthe arrears due from him are paid or the defaulter furnishes security in the manner provided in clause \r\n(b) of sub-section (8). \r\n(8) Any defaulter, who, under sub-section (3) is being kept under personal restraint, o r under \r\nsub-section (5) is being confined in the Civil Jail, shall forthwith be set at liberty— \r\n \r\n(a)  on the arrears due from such defaulter being paid; or \r\n \r\n(b) on the defaulter furnishing to the Revenue Officer ordering his arrest or the \r\nCollector, security to the satisfaction of the Revenue Officer or the Collector, as \r\nthe case may be, for the payment of the arrears due from him. \r\n83. Distress and sale of movable property and crops. (1) At any time after an arrear of land-\r\nrevenue has accrued, the immovable property and uncut or ungathered crops of the defaulter, may be \r\ndistrained and sold by order of a Revenue Officer. \r\n(2) The distress and sale shall be conducted, as nearly as may be, in accordance with the law \r\nfor the time being in force for the attachment  and sale of movable property unde r the decree of a \r\nRevenue Court: \r\nProvided that, in addition to the particulars exempted by any law for the time being in force \r\nfrom liability to sale, so much of the produce of the land of the d efaulter as the Collector th inks \r\nnecessary for seed-grain and for the subsistence, until the harvest next following, of the defaulter and \r\nhis family, and of any cattle exempted by that law, shall be exempted from sale under this section. \r\n84. Transfer of holding. (1) At any time after an arrear of land -revenue has accrued on a \r\nholding, the Collector may transfer the holding to any person being a land-owner of the estate in which \r\nsuch holding is situated and not being a defaulter in respect of his own holding , on condition of his \r\npaying the arrear before being put in possession of the holding , and on such further conditions as the \r\ncollector may deem fit to impose: \r\nProvided that no order shall be passed under this sub-section for the transfer of a holding unless \r\nthe processes specified in clauses (b) and (c) of section 80 have first been taken against the land-owner. \r\n(2) The transfer may, as the Collector thinks fit, be either till the end of the agricultural year in \r\nwhich the defaulter pays to the transferee the amount o f the arrear which the transferee paid before \r\nbeing put in possession of the holding, or for a term not exceeding fifteen years from the \r\ncommencement of the agricultural year next following the date of the transfer. \r\n \r\nPage 32 of 59 \r\n \r\n(3) The Collector shall report to the Commissioner any transfer made by him under this section, \r\nand the Commissioner may set aside the transfer or alter the conditions thereof , or pass such other \r\norder as he thinks fit. \r\n(4) In respect of all rights and liabilities arising under this Act, the person to whom the holding \r\nis transferred shall, subject to the conditions of the transfer, stand in the same position as that in which \r\nthe defaulter would have stood if the holding had not been transferred. \r\n(5) When the transfer is for a term, the holding shall, on the expiration of the term, be restored \r\nby the Collector to the defaulter free of any claim on the part of Government or the transferee for any \r\narrear of land-revenue or rates and cesses due in respect thereof. \r\n85. Attachment of holding. (1) The Collector may, instead of transferring under section 84 a \r\nholding in respect of which an arrear of land -revenue had accrued, cause such holding to be attached \r\nand taken under his own management or that of an agent appointed by him for that purpose. \r\n(2) The Collector or t he agent shall be bound by all the engagements which existed between \r\nthe defaulter and his tenants, if any, and shall be entitled to manage the land and to receive all rents \r\nand profits accruing therefrom to the  exclusion of the defaulter until the arrear has been satisfied, or \r\nuntil the Collector restores the land to the defaulter. \r\n(3) All surplus profits of the land attached beyond the cost of attachment and management and \r\nthe amount necessary to meet the current demand for land-revenue and rates and cesses shall be applied \r\nin discharge of the arrear. \r\n(4) Land shall not be attached for the same arrear for a longer term than five years from the \r\ncommencement of the agricultural year next following the date of the attachment, but if the arrear is \r\nsooner discharged, the land shall be released and the surplus receipts, if any, made over to the land -\r\nowner. \r\n86. Annulment of assessment of holding.  (1) When an arrear of land -revenue has been due \r\nfor a longer period than one year, and the foregoing processes are not deemed sufficient for the \r\nrecovery thereof, the Board of Revenue may, in addition to or instead of all or any of these processes, \r\norder the existing assessment of the holding in respect of which the arrear is due to be annulled. \r\n(2) The provisions of this section shall not be put in force for the recovery of an arrear of land-\r\nrevenue which has accrued on land— \r\n(a)    while under attachment under section 85, or \r\n(b)    while under the charge of the Court of Wards. \r\n(3) When the assessment of any la nd has been annulled under sub -section (1), the C ollector \r\nmay, with the previous sanction of the Board of Revenue, manage the land either himself or  through \r\nan agent, or let it in farm to any person willing to accept the farm for such term and on such conditions \r\nas may be sanctioned by the Board of Revenue: \r\nProvided that the term for which land may be so managed or farmed shall not be longer than \r\nten years from the commencement of the agricultural year next following the date of the annulment. \r\n(4) Some time before the expiration of the aforesaid term, the Collector shall determine the \r\nassessment in respect of the holding for the remainder of the term o f the current assessment of the \r\n \r\nPage 33 of 59 \r\n \r\nDistrict or Tahsil, and, when that assessment has been sanctioned by the Board of Revenue , shall \r\nannounce it to the land-owner. \r\n(5) The land-owner may gave notice to the Collector of refusal to be liable for the assessment \r\nwithin thirty days from the date on which the assessment was announced to him. \r\n(6) If notice is so given, the Collector may, with the previous sanction of the Board of Revenue, \r\ntake the holding under direct management or farm it for the remainder of the term of the current \r\nassessment of the District or Tahsil, or for any period within that term which the Board of Revenue \r\nmay fix. \r\n(7) The Board of Revenue may direct that any contract made by the defaulter, or by any person \r\nthrough whom the defaulter claims with respect to any land comprised in a holding of which the \r\nassessment has been annulled, shall not be binding on the Collector or his agent or farmer during the \r\nperiod the holding remains under the management of the Collector or his agent or is let in farm. \r\n87. Proclamation of attachment or annulment of assessment and consequences  of \r\nproclamation. (l) When any land is attached under section 85, or when the assessment of any land has \r\nbeen annulled under section 86, the Collector shall make proclamation thereof. \r\n(2) No payment made by any person to the defaulter before the making of the proclamation on \r\naccount of rent or any other  asset in anticipation of the usual time for the pa yment shall, without the \r\nprevious sanction of the Collector, be credited to that person or relieve him from liability to make the \r\npayment to the Collector or his agent or farmer. \r\n(3) No payment made after the making of the proclamation on account of rent o r any other \r\nasset of the holding to any person other than the Collector or his agent or farmer shall be credited to \r\nthe person making the payment or relieve him from liability to make the payment to the Collector or \r\nhis agent or farmer. \r\n88. Sale of holding. When an arrear of land-revenue has accrued and the foregoing processes \r\nare not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of the \r\nBoard of Revenue may, in addition to, or instead of, all or any of those processes , and subject to the \r\nprovisions hereinafter contained, sell the holding in respect of which the arrear is due:  \r\nProvided that land shall not be sold for the recovery of—  \r\n(a) any arrear which has accrued while the land was under the charge of the Court of \r\nWards or was so circumstanced that the Court of Wards might, under the law for the \r\ntime being in force, have exercised jurisdiction over it; or \r\n(b) any arrear which has accrued while the land was under attachment under section 85; \r\nor \r\n(c) any arrear which has accru ed while the land was held under direct management by \r\nthe Collector or in farm by any other person , under section  86, after either an \r\nannulment of assessment or a refusal to be liable therefor. \r\n89. Effect of sale on encumbrances. (1) Land sold under the provisions of section 88 shall be \r\nsold free of all encumbrances; and all grants and contracts previously made by any person other than \r\nthe purchaser in respect of the land shall become void as against the purchaser at the sale. \r\n \r\nPage 34 of 59 \r\n \r\n(2) Nothing in sub-section (1) shall affect— \r\n \r\n(a) any lease at a fair rent, temporary or perpetual , for the erection of a dwelling -\r\nhouse or manufactory or for a mine, garden, tank, canal , place of worship or \r\nburial ground, so long as the land continue to be used for the purpose specified \r\nin the lease; or \r\n \r\n(b) any encumbrance, grant or contract in respect of which the Commissioner is \r\nsatisfied was entered into in good faith, and is proclaimed as hereinafter \r\nprovided. \r\n90. Proceedings against other immovable property of defaulter. (1) If the arrear cannot be \r\nrecovered by any of the processes hereinbefore provided, the Collector may, where the defaulter owns \r\nany other holding or any other immovable property , proceed under the provisions o f this Act against \r\nthat property as if it were the land in respect of which the arrear is due: \r\nProvided that no interests save those of the defaulter alone shall be so proceeded against, and \r\nno encumbrances created, grants made or contracts entered into by him in good faith shall be rendered \r\ninvalid by reason only of his interests being proceeded against. \r\n(2) When the Collector decides to proceed under this section against immovable property other \r\nthan the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer \r\nor charging of the property. \r\n(3) The Collector may at any time, by order in writing, withdraw the proclamation, and it shall \r\nbe deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the \r\nproperty have been sold for the recovery of the arrear. \r\n(4) Any private alienation of the property or of any interest of the defaulter therein, whether by \r\nsale, gift, mortgage or otherwise made after the issue of the proclamation and before the withdrawal \r\nthereof shall be void. \r\n(5) In proceeding against property under this section, the Collector shall follow , as nearly as \r\nthe nature of the property may admit, the procedure prescribed for the enforcement of process against \r\nland on which an arrear of land-revenue is due. \r\n91. Remedies open to person denyin g his liability for an arrear. (1) Notwithstanding \r\nanything in section 79, when proceedings are taken under this Act for the recovery of an arrear, the \r\nperson against whom the proceedings are taken may, if he denies his liability for the arrear or any part \r\nthereof and pays the same under protest made in writing at the time of payment and signed by him or \r\nhis agent, institute a suit in Civil Court for the recovery of the amount so paid. \r\n(2) A suit under sub -section (l) must be instituted in a Court having jurisdiction in the place \r\nwhere the office of the Collector of the District in which the arrear or some part thereof accrued is \r\nsituate. \r\nProcedure in Sales \r\n92. Proclamation of sale. (1) On the receipt of the sanction of the Board of Revenue to the \r\nsale of  any immovable property, the Collector shall issue a proclamation o f the intended sale, \r\nspecifying— \r\n \r\nPage 35 of 59 \r\n \r\n \r\n(a) the date, time and place of the sale; \r\n \r\n(b) the property to be sold, and if it is a holding, the land-revenue  assessed thereon \r\nor payable in respect thereof; \r\n \r\n(c)  if the property is to be sold for the recovery of an arrear due in respect thereof, \r\nthe encumbrances, g rants and contracts, if any, sa ved by the orders of the \r\nCommissioner under clause (b) of sub-section (2) of section 89; \r\n \r\n(d) if the property is to be sold otherwise than for the recovery of an arrear due in \r\nrespect thereof, any encumbrance, grant or contract to which the property is \r\nknown to be liable; and \r\n \r\n(e)  the amount for the recovery of which the sale is ordered. \r\n(2) The place of sale specified under clause (a) of sub-section (1), shall be either the office of \r\nthe Collector or some other place appointed by the Collector in this behalf and situate in or near the \r\nproperty to be sold. \r\n93. Indemnity to Revenue Officer with respect to  contents of proclam ation. A Revenue \r\nOfficer shall not be answerable for any error, mis -statement or omission in  any proclamation under \r\nsection 92 unless the same has been committed or made dishonestly. \r\n94. Publication of proclamation. A copy of the proclamation shall be served on the defaulter \r\nand be affixed in a conspicuous part of the office of the Tahsildar of the Tahsil in which the property \r\nto be sold is situate and shall also be posted in the office of the Collector. \r\n(2) The proclamation shall further be published in the manner prescribed in section 26, and in \r\nsuch other manner as the Collector thinks expedient. \r\n(3) A Copy of the proclamation may also be posted in the office of the Union Committee, Town \r\nCommittee or Union Council within the area of which property to be sold is situate. \r\n95. Time and conduct of sale. (1) The sale shall not take place on a Sunday or other holiday, \r\nor till after the expiration of at least thirty days from the date on which the copy of the proclamation \r\nwas posted in the office of the Collector. \r\n(2) The sale shall be by publication and shall be conducted either by the Collector in person or \r\nby a Revenue Officer specially appointed by him in this behalf. \r\n96. Power to postpone sale. The Collector may, from time to time, postpone the sale for \r\nreasons to be recorded in writing. \r\n97. Stay of sale. If at any time before the bidding at an auction is completed, the defaulter  or \r\nany other person having interest in the land or in immovable property pays the arrear in respect of \r\nwhich the property has been proclaimed for sale, together with the costs incurred for the recovery \r\nthereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has already \r\npaid the same either at the place and in the manner prescribed under section 76 or into Government \r\ntreasury, the sale shall be stayed. \r\n \r\n \r\nPage 36 of 59 \r\n \r\n98. Deposit by purchaser in case of sale of immovable property. When the highest bid at an \r\nauction has been ascertained , the person who made that bid shall, on the requisition of the officer \r\nconducting the sale, pay to t hat officer a deposit of twenty -five per centum on the amount of his bid \r\nand shall, on payment thereof, be declared to be the purchaser, subject to the exercise of any right of \r\npre-emption under the law in force for the time being. \r\n99. Consequences of failure to pay deposit. If the person who made the highest bid fails to \r\npay the deposit as required by section 98, the property shall forthwith be put to auction again and sold, \r\nand all expenses attending the first sale, and the deficiency of price, if any, which  may happen on the \r\nre-sale may be recovered from him by the Collector as if the same were an arrear of land-revenue. \r\n100. Time for payment in full. The full amount of the purchase money shall be paid by the \r\npurchaser before the close of the thirtieth day from that on which he was declared to be the purchaser. \r\n101. Procedure  in default of payment. In default of payment of the full amount of the \r\npurchase money within the period mentioned in section 100, the deposit referred to in section 98, \r\nshall, after defraying the expenses of the sale, be forfeited to Government and may, if the Collector, \r\nwith the previous sanction of the Commissioner so directs, be applied in reduction of the arrear, and \r\nthe property shall be re-sold, and the defaulting purchaser shall have no claim to the property or to \r\nany part of the sum for which it may subsequently be sold. \r\n102. Report of sale to Commissioner. Every sale of immovable property under this Chapter \r\nshall be reported by the Collector to the Commissioner. \r\n103. Application to set aside sale. (1) At any time within thirty days from the date of the sale, \r\napplication may be made to the Commissioner to set aside the  sale on the ground of some material \r\nirregularity or mistake in publishing or conducting it. \r\n(2) A sale shall not be set aside on any o f the grounds specified in sub -section (1) unless the \r\napplicant proves to the satisfaction of the Commissioner that he has sustained substantial injury by \r\nreason of the irregularity or mistake. \r\n104. Order confirming or setting aside sale. (1) After the expiration of thirty days from the \r\ndate of the sale, if such application as is mentioned in section 103 has not been made , or if such \r\napplication has been made and rejected, the Commissioner shall make an order confirming the sale, \r\nand if such application has been made and allowed, the commissioner shall make an order setting aside \r\nthe sale. \r\n(2) If at any time within thirty days from the date of the sale , the defaulter pays the arrear in \r\nrespect of which the property has been sold, together with the costs incurred for the recovery of such \r\narrear, the Commissioner shall make an order setting aside the sale. \r\n105. Refund or deposit of p urchase-money when sale set aside. Whenever the sale of any \r\nproperty is not confirmed or is set aside, the purchaser shall be entitled to receive back his deposit or \r\nhis purchase money, as the case may be. \r\n106. Proclamation af ter p ostponement or on re -sale. A sale made after a p ostponement \r\nunder section 96, and a re-sale consequent on a purchaser’s default under section 101 or on the setting \r\naside of a sale under section 104, shall be made after the issue of a fresh proclamation in the manner \r\nprovided for in section 94. \r\n \r\nPage 37 of 59 \r\n \r\n107. On c onfirmation of sale possession and certifica te to be granted to purchaser. (1) \r\nAfter a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to \r\nbe the purchaser into possession of the property sold, and shall grant him a certificate to the effect that \r\nhe has purchased that property. \r\n(2) The certificate shall state whether or not the property was sold for the recovery of an arrear \r\ndue in respect thereof, and, if it was so sold, shall set forth the encumbrances, grants and contracts, if \r\nany, specified in the proclamation of the sale as saved by order of the Commissioner under clause (b) \r\nof sub-section (2) of section 89. \r\n(3) The certificate shall be deemed to be a valid transfer of the property but need not be \r\nregistered as a conveyance. \r\n(4) Any suit brought in any Court against the certified purchaser on the ground that the purchase \r\nwas made on behalf of a person other than the certified purchaser shall not be maintainable. \r\n(5) The certified purchaser of any immovable property shall be entitled to all rents and profits \r\nfalling due in respect of the property after the date of the confirmation of the sale and be liable for all \r\ninstalments of land-revenue  and rates and cesses falling due in respect thereof after that date. \r\n108. Sale of movable property and perishable articles. (1) The provisions of sections 92, 93, \r\n94, 95, 96, 97, 103, 104, 105 and l06  shall apply, so far as they can be made applicable, to sale of \r\nmovable property, other than perishable articles, and as if— \r\n \r\n(a) reference to the Commissioner in section 103 and 104 were a reference to the \r\nCollector; and \r\n \r\n(b) in the case of sale of animals, the period of thirty days prescribed in section \r\n95, were a period of ten days. \r\n(2) Perishable articles shall be sold by auction with the least possible delay in accordance with \r\nsuch order as may from time to time be mad e by the Collector, either generally or specially in that \r\nbehalf, and the sale of such article s shall be finally concluded on the spot by the officer conducting \r\nsuch sale and shall not require confirmation. \r\n109. Mode of payment for movable property when sale is concluded on the spot. (1) When \r\nthe sale of any perishable article is finally concluded by the officer conducting the same, the price of \r\nevery lot shall be paid for at the time of sale , or as soon thereafter as the said officer may fix, and in \r\ndefault of such payment the property shall forthwith be again put to auction and sold. \r\n(2) On payment of the purchase-money, the officer conducting the sale shall grant a receipt for \r\nthe same and the sale shall become absolute as against all persons whomsover. \r\n110. Mode of payment for movable property when sal e is subject to confirmation. (1) In \r\ncase of sale of movable property, other than perishable articles, the party who is declared to be the \r\npurchaser shall be required to deposit immediately twenty -five per centum on the amount of his bid, \r\nand in default of such deposit the property shall forthwith be again put to auction and sold. \r\n(2) The full amount of purchase -money shall be paid by the purchaser before the close of the \r\nseventh day after he is informed of the sale having been confirmed, or,  if the said day be a Sunday or \r\nother holiday, then before the close of the first working day after such day. \r\n \r\nPage 38 of 59 \r\n \r\n(3) On receipt of the full amount of the purchase-money, the purchaser shall be granted a receipt \r\nfor the sale, and the sale shall become absolute as against all persons whomsover. \r\n111. Proceeds of sale. (1) When any sale of movable property under this Chapter has become \r\nabsolute, or when sale of immovable property has been confirmed, the proceeds of the sale shall be \r\napplied in the first place to the payment of any arrears, including costs incurred for the recovery thereof, \r\ndue to Government from the defaulter at the date of the confirmation of the sale, whether the arrears \r\nare of land-revenue or of sums recoverable as arrears of land-revenue, and the surplus, if any, shall be \r\npaid to the person whose property has been sold, or, if the property sold was owned by more than one \r\nperson, then to the owners either collectively or according to the amount of their recorded interests, as \r\nthe Collector thinks fit. \r\n(2) The surplus shall not, except under  the orders of a Court , be paid to any creditor of the \r\nperson whose property has been sold. \r\n(3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the \r\nbalance remaining due from the defaulter may be recovered from  him by further proceedings under \r\nthis Chapter or by any other means authorised by law. \r\n112. Claims to attached movable or immovable property how to be disposed of. (1) If any \r\nclaim sh all be set up by a third person  to movable or immoveable property attached under the \r\nprovisions of this Chapter, the Collector shall admit or reject his claim on an inquiry as provided in \r\nsection 27. \r\n(2)  If the claim be admitted, wholly or partly, the property shall be dealt with accordingly and \r\nexcept in so far as it is admitted, the property shall be sold and the title of the purchaser shall be good \r\nfor all purposes, and the proceeds shall be disposed of in accordance with the provisions of section \r\n111. \r\nCHAPTER IX \r\nRECOVERY OF OTHER DEMANDS BY REVENUE OFFICERS \r\n113. Recovery of certain arrears through R evenue Officers instead of by suit. When a \r\nVillage Officer required by rules under section 36 to collect any land-revenue  or sum recoverable as \r\nan arrear of land-revenue— \r\n(a)  satisfies a Revenue Officer that the revenue or the sum has fallen due and has \r\nnot been paid to him, or \r\n(b)  has collected such revenue or sum, but has not credited the same to Government \r\nin the manner provided in the rules, \r\nthe Revenue Officer may, subject to rules which the Board of Revenue may make in this behalf, recover \r\nsuch revenue or sum, from the person from whom it is due, or the Village Officer by whom it was \r\ncollected, as the case may be, as arrears of land-revenue. \r\n114. Other sum recoverable as arrears of land-revenue. In addition to any sums recoverable \r\nas arrears of land -revenue under this Act or any other enactment for the time being in force, the \r\nfollowing sums may be so recovered, namely:— \r\n \r\n(a)  fees, fines, costs and other charges, including the Village Officers’ cess payable \r\nunder this Act; \r\n \r\nPage 39 of 59 \r\n \r\n \r\n(b) revenue due to the Government on account of pasture or other natural products \r\nof land, or on account of mills, fisheries or natural products of water, o r on \r\naccount of other rights described in section 49 or section 50 in cases in which \r\nthe revenue so due has not been included in the assessment of an estate; \r\n \r\n(c) fees payable under the law for the time being in force for the use or benefit \r\nderived from the construction and repair of embankments, and works for supply, \r\nstorage and control of water for agricultural  purposes, and for the preservation \r\nand reclamation of soil and drainage and reclamation of swamps; \r\n \r\n(d) sums leviable by or under the au thority of Government as water -rates, or on \r\naccount of the maintenance or management of canals, embankments or other \r\nirrigation works, not being sums recoverable as arrears of land -revenue under \r\nany enactment for the time being in force; and \r\n \r\n(e) sums payable to Government by a person who is surety for the payment of any \r\nof the foregoing sums or of any other sum recoverable as an arrear of land -\r\nrevenue. \r\n115. Application of chapter VIII to sums recoverable  under this chapter . (1) The \r\nprovisions of Chapter VIII shall, with respect to any sum mentioned or referred to in this Chapter, \r\napply, so far as they can be made applicable , as if the sum were an arrear of land -revenue, and the \r\nperson from whom, either as principal or as surety, it is due we re a defaulter in r espect of such an \r\narrear. \r\n(2) Unless any such sums is declared by any enactment for the time being in force to be \r\nrecoverable as if it were an arrear of land -revenue due in respect of the land charged therewith, the \r\nprovisions of section 90 shall apply under sub-suction (1) to the recovery thereof. \r\n1[115-A. Charges for recovery of dues, other than P rovincial dues, as arrears of land-\r\nrevenue. Where any sum , other than a  sum which is to be credited in to and to  form a part of the \r\nProvincial Consolidated Fund of West Paki stan, is collected as an arrear  of land-revenue under the \r\nprovisions of this chapter, a commission at the rate of two per  cent of the sum co llected shall be \r\ndeducted therefrom as recovery charges, and the amount of such commission shall be credited into the \r\nProvincial Consolidated Fund of West Pakistan.] \r\n \r\nCHAPTER X \r\nSURVEYS AND BOUNDARIES \r\n116. Revenue survey may be introduced by Board of Revenue in any part of Province.  (1) \r\nIt shall be lawful for the Board of Revenue, whenever it may deem expedient, to direct by notification, \r\nthe survey of any land in any part of the Province with a view to the settlement of land-revenue, the \r\npreparation of records-of-rights and preservation thereof , or for any othe r similar purpose, and such \r\nsurvey shall be called a revenue survey. \r\n(2) A revenue survey may extend to the lands of any village, town, or city generally, or to such \r\nland only as may be specified in the notification. \r\n(3) Subject to the orders of the Board of Revenue, it shall be lawful for the officers conducting \r\nany such survey to except any land to which it may not seem expedient that such survey should extend. \r\n1Inserted by West Pakistan Ordinance No. X of 1970, s. 2. \r\n \r\nPage 40 of 59 \r\n \r\n117. Power of Revenue O fficers to define boundaries. (1) A Revenue Officer may, for the \r\npurpose of framing any record or making any assessment under this Act, or on the application of any \r\nperson interested, define the limits of any estate, or of any holding, field or other portion of an es tate, \r\nand may, for the purpose of indicating those limits, require boundary marks to be erected or repaired. \r\n (2) In defining the limits of any land under sub -section (1), the Revenue Officer may cause \r\nboundary marks to be erected on any boundary already d etermined by, or by order of, any Court or \r\nRevenue Officer or any Forest Settlement Officer appointed und er the Forest Act, 1927 (Act  XVI of \r\n1927), or restore and boundary mark already set up by, or by order of, any court or any such Officer. \r\n118. Surveys for purpose of preparation of records. (1) When any land is being surveyed in \r\npursuance of rules under clause (c) of section 55 or under section 116, any Revenue Officer directing \r\nthe survey may, by notice or proclamation, require all persons having rights or interests in the land to \r\nattend personally or through authorised agent, and indicate , within a specified time, by temporary \r\nmarks of a kind to be described in the notice or proclamation, the limits of those rights or interests. \r\n(2) If  a person to whom the notice or proclamation is addressed fails to comply with the \r\nrequisition, he shall be liable, at the discretion of the Revenue Officer, to a fine which may extend to \r\nfifty rupees. \r\n119. Assistance to be given by holders and others in the measurement or classification of \r\nlands. (1) It shall be lawful for the Revenue Officer to call upon all owners of land and other persons \r\ninterested therein to assist in the measurement or classification of the lands to which the survey extends \r\nby providing flag-holders and chainmen, and such owners shall be bound to provide suitable persons \r\nto act as flag-holders and chainmen. \r\n(2) If the owners of land fail to provide su itable persons to act as flag -holders and chainmen, \r\nor do not provide them in sufficient number, and it becomes necessary to employ hired labour for the \r\nobject aforesaid, or other similar object incidental to survey operations, it shall be lawful to assess the \r\ncost thereof with all contingent expenses, on the lands surveyed, for collection as an arrear of land -\r\nrevenue from such owners. \r\n120. Professional surveys. (1)  If it is found necessary to  make a survey by an agency other \r\nthan that of Revenue Officer and Village Officer, the Board of Revenue may publish a notification \r\nstating— \r\n(a)  the local area to be surveyed and the nature of the survey; \r\n(b)  the names or official designation of the officer by whom the survey is to be \r\nmade; and \r\n \r\n(c)  the kind of boundary marks to be erected by those officers. \r\n(2) From the date of the notification, the officers specified therein, and the persons acting under \r\ntheir orders, shall have, for the purposes o f the survey, the powers conferred on Revenue Officers by \r\nsection 30. \r\n121.  Power of Board of R evenue to make rules for demarcation of boundaries and \r\nerection of boundary marks. (1) The Board of Revenue may make rules as to the manner in which \r\nthe boundaries of all or any of the estates in any local area are to be demarcated and as to the boundary \r\nmarks to be erected within those estates. \r\n(2) Rules under this section may prescribe, among other matters, the form of boundary marks \r\n \r\nPage 41 of 59 \r\n \r\nand the material to be used in their construction. \r\n122. Effect of the settlement of boundary. (1) The settlement of a boundary under any of the \r\nforegoing provisions of this Chapter shall, subject to the provisions of Chapter XIII, be \r\ndeterminative— \r\n \r\n(a) of the proper position of the boundary line or boundary marks, and \r\n \r\n(b) of the rights of the land-owners on either side of the boundary fixed in respect of the \r\nland adjudged to appertain, or not to appertain, to their respective holdings. \r\n(2) Where a boundary has been so fixed, the Collector may, under rules to be framed in this \r\nbehalf be the Board of Revenue with the previous approval of Government, evict any land-owner who \r\nis wrongfully in possession of any land which has been adjudged in the settlement of a boundary not \r\nto appertain to his holding or to the holding of any person through or under whom he claims. \r\n123. Power to fix boundary between riverain estates. (1) When any two or more estates are \r\nsubject to river action and the limits of any such estates are, by any law, rule of  custom or usage, or \r\norder or decree of any Court or other authority, applicable thereto, liable to vary according as variation \r\nmay from time to time occur in the course or action of such river, the Board of Revenue may order a \r\npermanent boundary line to be fixed between any such estates or such portions thereof as are liable to \r\nriver action. \r\n(2) Upon an order being made under sub -section (1), the Collector shall fix a boundary line \r\nbetween such estates or portions of such estates accordingly, and shall dem arcate the same, in \r\naccordance with the provisions of section 117, and of the rules, if any, made under section 121. \r\n(3) Every such boundary line shall be fixed with due regard the history of the estates and the \r\ninterests of the persons respectively owning them or possessing rights therein, in such manner as may \r\nbe just and equitable in the circumstances of each case. \r\n(4) No such boundary line shall be deemed to have been perman ently fixed until it has been \r\napproved by the Commissioner. \r\nExplanation—In this section, and in this sections 124, 125 and 126, “Collector” shall be \r\ndeemed to include any Revenue Officer appointed by Government to perform the \r\nfunctions of Collector under all or any of the provisions thereof.  \r\n124. Effect of fixing a boundary between riverain estates. (1) Every boundary line fixed in \r\naccordance with the provisions of section 123 shall, notwithstanding anything to the contrary in any \r\nlaw, rule of custom or usage, or order or decree of any Court or other authority, be fixed and constant \r\nboundary between the estates affected thereby, and the proprietary and all other rights in every holding, \r\nfield or other portion of an estate situate on each side of the boundary line so fixed, shall, subject to \r\nthe other provisions of this section, vest in the land owners of the estate which lies on that side of the \r\nboundary line on which such holding, field or other portion of an estate situate. \r\n(2) If, by the operation of sub-section (1), the proprietary or any other rights in any land which \r\nat the time a boundary line is fixed is under cultivation, or reasonably fit for cultivation, or yields any \r\nproduce of substantial value , be transferred from the land -owners and other right -holders of any one \r\nestate, to the land-owner of any other estate, the Collector shall, by written order, direct that the rights \r\nin such land shall not , subject to the provisions of section 125, 126 and 127 , be so transferred unless \r\nand until the land in respect of which any such order is made ceases to be reasonably fit for cultivation, \r\n \r\nPage 42 of 59 \r\n \r\nor to yield any produce of substantial value, and upon any such order being made, the transfer of the \r\nrights in such land shall be suspended accordingly. \r\n(3) When any portion of the land specified in any order made under sub-section (2), ceases to \r\nbe reasonably fit for cultivation to yield any produce of substantial value, the order shall, when the \r\nCollector, in writing, so directs, cease to operate to that portion. \r\n(4) The decision of the Collector as to whether, for the purposes of sub-section (2), any land is \r\nor is not reasonably fit for cultivation or does or does not yield any produce of substantial value, shall \r\nbe final. \r\n125. Application for immediate transfer of rights. When any order has been made under \r\nsub-section (2) of section 124, the land-owners, or any of them, in whom, but for such order, the rights \r\nin the land specified therein would vest, may apply in writing to the Collector to forthwith transfer the \r\nrights the transfer of which has been suspended by such order, upon payment of compensation for the \r\nsame. \r\n126. Award of cu mpensation and ext inguishment of rights thereby. (1) When an \r\napplication under section 125 is made, the Collector shall— \r\n \r\n(a)  fix a day for the hearing of the application; \r\n \r\n(b) cause notice of the application, and of the day fixed for the hearing thereof, to be served \r\non, or proclaimed for the information of, all persons recorded as having rights in the \r\nland specified in the order made under sub -section (2) of section 124, and all other \r\npersons interested or claiming to be interested therein; \r\n \r\n(c) Upon the day so fixed for hearing, or any day to which the hearing may be adjourned, \r\ninquire into the rights in the land and award compensation in respect of all rights found \r\nestablished therein to the persons severally entitled thereto; \r\n \r\n(d) inform the applicant of the aggregate amount of compensation so awarded and require \r\nhim to deposit the amount with the Collector on o r before a day to be fixed by him in \r\nthat behalf; \r\nProvided that, notwithstanding anything contained in this sub-section, it shall be lawful for the \r\nCollector, in his discretion and at any time before an  award of compensation thereon has been made, \r\nto reject such application. \r\n(2) In awarding compensation under sub -section (1), the Collector shall be guided by the \r\nprovisions of section 23 and section 24 of the La nd Acquisition Act, 1894 (Act I of 1894), so  far as \r\nthe same may be applicable to the circumstances of the case. \r\n(3) On the fifteenth day of May next after the whole amount of compensation so awarded has \r\nbeen deposited with the Collector, the order made under sub -section (2) of section 124 shall cea se to \r\noperate, and the rights specified therein shall be transferred and vest in the manner provided for in sub- \r\nsection (1) of that section, and the Collector shall proceed to tender the compensation to the persons \r\nseverally entitled to receive the same under his award. \r\n(4) If any such person as aforesaid refuses to accept the sum so awarded and tendered to him, \r\nit shall be placed to his credit in Government treasury. \r\n \r\nPage 43 of 59 \r\n \r\n(5) When any order made under sub-section (2) of section 124 ceases, under the provisions of \r\nsub-section (3) of the said section, to operate, all rights reserved to any person by such order shall be \r\nextinguished. \r\n127. Voluntary transfers not affected . Notwithstanding the provisions of sections 124,  125 \r\nand 126, when any person possessing any r ights in any land, in regard to the rights in which an order \r\nhas been made under sub -section (2) of section 124, voluntarily transfers such rights to any land-\r\nowners of the estate, in the land-owner of which but for such order such rights would vest under the \r\noperation of sub-section (1) of that section, the rights so transferred shall forthwith cease to be subject  \r\nto such order and vest in the land-owners to whom they have been so transferred. \r\n128. Rights transferred to be liable to all the incidents of tenure of the estate to which the \r\ntransfer is made. In every case in which, under the provisions of section 124, or sections 125 and 126, \r\nor section 127, proprietary or other rights in land are transferred from the land-owners, and other right-\r\nholders of any one estate to the land-owners of any other estate, such rights shall be subject to all the \r\nincidents of tenure and liabilities which, under any law or custom for the time being in force, apply to \r\nthe rights of the land-owners of the estate to which such rights are so transferred. \r\n129. Cost of erection and repair  of boundary and survey marks. (1) Subject to any rules \r\nwhich the Board of Revenue may, with the previous approval of Government , make in this behalf, \r\nboundary and survey marks shall be erected and kept in repair by or at the cost of the persons interested \r\nin the land for the indication of the limits of which they are required : \r\nProvided that Government may in any case direct that t he cost of erection shall be borne by \r\nGovernment or be paid out of the proceeds of the Village Officers’ cess. \r\n(2) It shall be the duty of the Village Officers to prevent the destruction or unauthorized \r\nalteration of the village boundary and survey marks. \r\n130. Recovery of cost incurred by Government. (1) If the persons interested in the land fail \r\nto erect or repair a boundary or survey mark within thirty days from the date of their being required by \r\na Revenue Officer to do so, the Revenue Officer may cause it to be erected or repaired. \r\n(2) Where the Revenue Officer causes a boundary or survey mark to be erected or repaired he \r\nshall, subject to any rules or direction under section 129, apportion the cost among the person interested \r\nin the land in such manner as he deems just, and certify, the same to the Collector. \r\n(3) The Collector may recover the cost form such persons as if it were an arrear of land-revenue. \r\n131. Responsibility for the maintenance of boundary and survey marks.  Every land-owner \r\nshall be responsible for the maintenance and good repair of the boundary and survey marks of his \r\nholding, and for any charges reasonably incurred on account of the same by the Revenue Officer s in \r\ncases of alteration, removal or disrepair. \r\n132. Report of destruc tion or removal of or inju ry to boundary or survey marks.  Every \r\nVillage Officer of an estate shall be bound to furnish a Revenue Officer with information respecting \r\nthe destruction or removal of, or any injury done to, any boundary or survey mark lawfully erected in \r\nthe estate. \r\n133. Land measurement or survey to be based o n a square system or r ectangulation. (1) \r\nSave as may specifically be otherwise provided for in the rules made in this behalf by the Board of \r\n \r\nPage 44 of 59 \r\n \r\nRevenue, with the previous approval of Governme nt, land measurement or survey shall be based on \r\nsquare system or rectangulation, and no survey or khasra number  shall be made less than one acre in \r\narea. \r\n(2) The rules made under sub -section (1) may also lay down conditions for and restriction s \r\nupon sub-division of survey or khasra numbers. \r\n134. Penalty. (1) If any person wilfully destroys or injures or without lawful authority removes \r\na boundary or survey mark lawfully erected, he may be ordered by a Revenue Officer to pay such fine \r\nnot exceeding fifty rupees for each mark so destroyed, injured or removed as may, in the opinion of \r\nthe Revenue Officer, be necessary to defray the expenses of restoring the sa me and of rewarding the \r\nperson, if any, who gave information of the destruction, injury or removal. \r\n(2) The imposition of a fine under this section shall not bar a prosecution under section 434 of \r\nthe Pakistan Penal Code (Act XLV of 1860). \r\n \r\nCHAPTER XI \r\n  PARTITION \r\n135. Application for partition.  Any joint owner of land may apply to a Revenue Officer for \r\npartition of his share in the land if— \r\n \r\n(a) at the date of the application th e share is recorded under Chapter VI as belonging to \r\nhim; or \r\n \r\n(b) his right to the share has been established by a  decree which is still subsisting at that \r\ndate; or \r\n \r\n(c) a written acknowledgment of that right has been executed by all pe rsons interested in \r\nthe admission or denial thereof. \r\n136. Restrictions and limitations  on partition. Notwithstanding the provisions of section \r\n135— \r\n(a) places of worship and burial grounds held in common before partition shall continue \r\nto be so held after partition; and \r\n \r\n(b) partition of any of the following properties, namely :— \r\n(i) any embankment, water-course, well or tank and any land on which the \r\nsupply of water to any such work may depend; \r\n(ii) any grazing ground; and \r\n(iii) any land which is occupied as the site of a town or village, may be \r\nrefused if, in the opinion of the Revenue Officer, the partition of such \r\nproperty is likely to cause inconvenience to the co -sharers or other \r\npersons directly or indirectly interested therein, or to diminish the utility \r\nthereof to those persons. \r\n137. Notice of application for partition. The Revenue Officer, on receiving the application \r\nunder section 135 shall, if it is in order, and not against the provisions of the West Pakistan Land \r\nReforms Regulation, 1959 (Martial Law Regulation No. 64), and not open to objection on the face of \r\nit, fix a day for the hearing thereof, and— \r\n \r\nPage 45 of 59 \r\n \r\n(a) cause notice of the application and of the day so fixed to be served on such of \r\nthe recorded co-sharers as have not joined in the application; and \r\n(b) if he thinks fit, cause notice to be served on or proclaimed for the information \r\nof any other persons whom he may deem to be directly or indirectly interested \r\nin the application. \r\n138. Addition of parties to application. On the day fixed under section 137 for the hearing of \r\nthe application, or on any other day to which the hearing may be adjourned, the Revenue Officer shall \r\nascertain whether any of the other co-sharers desire the partition of their shares also, and if any of them \r\nso desires, he shall add him as an applicant for partition. \r\n139. Disallowance of partition. After examining such of the co-sharers and other persons may \r\nbe present on that day, the Revenue Officer may, if he is of opinion that there is good and sufficient \r\ncause for partition to be disallowed, reject the application, recording the grounds for such rejection. \r\n140. Procedu re on admission of application. If the Revenue Officer does not reject the \r\napplication under section 139, he shall ascertain the questions, if any, in dispute between  any of the \r\npersons interested, distinguishing between— \r\n(a)      questions as to title in the property of which partition is sought; and \r\n(b)      questions as to the property to be divided or the mode of making the partition. \r\n141. Disposal of question s as to title in the property to be divided. (1) When there is a \r\nquestion as to title in any property of which partition is sought, the Revenue Officer may decline to \r\ngrant the application for partition until the question has been determined by a competent Cour t, or he \r\nmay himself proceed to determine the question as though he were such a Court. \r\n(2) Where the Revenue Officer does not himself proceed to determine the question of title as a \r\nCivil Court, he may, for reasons to be recorded by him in this behalf, require a party specified by him \r\nto file a suit in a Civil Court, within such period not exceeding ninety days from the date of his order \r\nas he may fix, for obtaining a decision regarding the question. \r\n(3) On the filing of a civil suit by the party required  so to do within the specified p eriod, the \r\nRevenue Officer shall suspend further action on the application for partition till the said civil suit is \r\ndecided by the Court and a copy of the Court’s order is produced before him. \r\n(4) In case the party so required fails to file a suit within the specified period, the Revenue \r\nOfficer may proceed with the partition and decide the question of title himself. \r\n(5) Where the Revenue Officer himself proceeds to determine the question, the following rules \r\nshall apply, namely:— \r\n \r\n(a) If the question is one over which a Revenue Court has jurisdiction, the Revenue \r\nOfficer shall proceed as a Revenue Court under the law for the time being in \r\nforce. \r\n \r\n(b) If the question is one over which a Civil Court has jurisdiction, the procedure \r\nof the Revenue Officer shall be that applicable to the trial of an original suit by \r\na Civil Court, and he shall record a judgment and a decree containing t he \r\nparticulars required by the C ode of Civil procedur e, 1908 (Act V of 1908), to \r\n \r\nPage 46 of 59 \r\n \r\nbe specified therein. \r\n \r\n(c) An appeal shall lie from the decree of the Revenue Officer under clause ( b) as \r\nthough that decree were a decree of a Civil Judge in an original suit. \r\n \r\n(d) Upon such an appeal being made, the District Court or the High Cou rt, as the \r\ncase may be, may issue an injuction to the Revenue Officer requiring him to \r\nstay proceedings pending the disposal of the appeal. \r\n \r\n(e) From the appellate decree of a District C ourt upon such an appeal, a further \r\nappeal shall lie to the High Court, if such further appeal is allowed by the law \r\nfor the time being in force. \r\n142. Disposal of other questions. (1) When there is a question as to the property to be divided, \r\nor the mode of making a partition, the Revenue Officer shall, after such inquiry as he deems necessary, \r\nrecord an order stating his decision on the question and his reasons for the decision. \r\n(2) An appeal may be preferred from an order under sub-section (1) within thirty days from the \r\ndate thereof, and, when such an appeal is preferred and the institution thereof has been certified to the \r\nRevenue Officer by the authority to whom the appeal has been preferred, the Revenue Officer shall \r\nstay further proceedings pending the disposal of the appeal. \r\n(3) If an applicant for partition is di ssatisfied with an original or appellate order under this \r\nsection, and applies for permission to withdraw from the proceedings in so far as they relate to the \r\npartition of his share, he shall be permitted to withdraw therefrom on such terms as the Revenue Officer \r\nthinks fit. \r\n(4) When an applicant withdraws under the provisions of sub-section (3), the Revenue Officer \r\nmay, where the other applicants, if any, desire the continuance of the proceedings continue them in so \r\nfar as they relate to the partition of the shares of those other applicants. \r\n143. Administration of pro perty excluded from partition. When any such property as is \r\nreferred to in clause (b) of section 136 is excluded from partition, the Revenue Officer may determine \r\nthe extent to and  the manner in which the co -sharers and other persons interested therein may make \r\nuse thereof, and the proportion in w hich expenditure incurred there on and profits derived therefrom \r\nare, respectively, to be borne by and divided among those persons or any of them. \r\n144. Distribution of revenue and rent after partition. (1) The amount of revenue to be paid \r\nin respect of each of the holdings in to which land has been divided on a partition shall be determined \r\nby the Revenue Officer making the partition. \r\n(2) The decision of the Revenue Officer under sub -section (1) as to the revenue to be paid in \r\nrespect of each holding shall, where the estate in which the holding is situ ate is subject to a fixed \r\nassessment, be deemed to be an order under sub-section (1) of section 67. \r\n(3) Where new estates have been created at a partition and the land-revenue has been \r\nfraudulently or erroneously distributed among them, the Board of Revenu e may, within twelve years \r\nfrom the time of discovery of the fraud or error, order a new distribution of the land-revenue among \r\nthe several estates, on an estimate of the assets of each estate at the time of the partition to be made \r\nconformably to the best evidence and information procurable respecting the same. \r\n145. Instrument of partition. When a partition is completed, the Revenue Officer shall cause \r\n \r\nPage 47 of 59 \r\n \r\nan instrument of partition to be prepared and the date on which the partition is to take effect to be \r\nrecorded therein. \r\n146. Delivery of possession of property allotted on partition. An owner to whom any land \r\nis allotted in proceedings for partition shall be entitled to possession thereof as against the other parties \r\nto the proceedings and their legal representatives, and a Revenue Officer shall, on application made to \r\nhim for the purpose by any such owner at any time within  three years from the date recorded in the \r\ninstrument of partition under section 145, give effect to that instrument so far as it concerns  the \r\napplicant as if it were a decree for immovable property. \r\n147. Affirmation of partition privately effected. (l) In any case in which a partition has been \r\nmade without the intervention of a Revenue Officer, any party thereto may apply to a Revenue Officer \r\nfor an order affirming the partition. \r\n(2) On receiving the application, the Re venue Officer shall enquire, in to the case, and if he \r\nfinds that the partition has in fact been made , he may make an order affirming it and proceed under \r\nsections 143, 144, 14 5 and 146, or any of those sections, as circumstances may require, in the sam e \r\nmanner as if the partition had been made on an application to himself under this Chapter. \r\n148. Power to mak e rules as to cost of p artition. The Board of Revenue may, with the \r\nprevious approval of Government, make rules for determining the costs of partitions under this Chapter \r\nand the mode in which such costs are to be apportioned. \r\n149. Re-distribution of land according to custom. When by established custom, any land in \r\nan estate is subject to periodical re -distribution, a Revenue Officer may, on the  application of any of \r\nthe land-owners, enforce the re-distribution according to the custom, and for this purpose may exercise \r\nall or any of the powers of a Revenue Officer in proceedings of partition. \r\n \r\n150. Officers who may be empowe red to act under this chapter. The Revenue Officer by \r\nwhom proceedings may be taken under this Chapter shall be a Revenue Officer not below an Assistant \r\nCollector of the First Grade. \r\n \r\nCHAPTER XII \r\nARBITRATION \r\n151. Power to refer to arbitration. (1) Any Revenue Office r may, with the consent of the \r\nparties, refer to arbitration any dispute arising before him in any matter under this Act. \r\n(2) A Collector, or any Assistant Collector of the First Grade m ay, without the consent of the \r\nparties, refer to arbitration any dispute before him with respect to— \r\n \r\n(a)  any matter of which an entry is to be made in any record or register under Chapter \r\nVI; \r\n \r\n(b) any matter relating to the distribution of an assessment under section 67; \r\n \r\n(c) the limits of any estate or of any holding, field, or other portion of an estate; or \r\n \r\n(d) the property to be divided at a partition or the mode of making partition. \r\n152. Order of reference and contents thereof. (1) In referring a dis pute to arbitration, a \r\nRevenue Officer shall make an order of reference and specify therein the precise matter submitted to \r\narbitration, the number of arbitrators which each party to the dispute is to nominate, the period within \r\n \r\nPage 48 of 59 \r\n \r\nwhich arbitrators are to be nominated, and the period within which the award is to be delivered. \r\n(2) The number of arbitrators which each party may nominate must be the same and must not \r\nexceed two. \r\n(3) If from any cause arbitrators are not nominated or an award is not delivered , within the \r\nperiod fixed for in the order of  reference, the Revenue Officer  may, from time to time , extend that \r\nperiod, or may cancel the order of reference. \r\n153. Nomination of arbitrators. (1) When an order of reference has been made each party \r\nmay nominate the number of arbitrators specified in the order, and the Revenue Officer shall nominate \r\none other arbitrator. \r\n(2) The Revenue Officer may, for reasons to be recorded by him, make an order disallowing \r\nany nomination made by either party and requiring the party to make another nomination within a time \r\nto be specified in the order. \r\n(3) An order under sub-section (2) shall be final. \r\n154. Substitution of arbitrators by parties. If an arbitrator nominated by a party dies, desires \r\nto be discharged, or refuses or becomes incapable to act, the party may nominate another person in his \r\nstead. \r\n155. Nomination and substitution of a rbitrators by Revenue Officers. In any of the \r\nfollowing cases, namely:— \r\n \r\n(a) if either of the partie s fails to no minate an arbitrator under sub -section (1) of \r\nsection 153 within the period fixed in the order of reference; or \r\n \r\n(b) if the nomination of an arbitrator has been disallowed under sub-section (2) of \r\nsection 153 and another arbitrator is not nominated within the time specified in \r\nthe order under that sub -section, or having been so nominated, his nomination  \r\nis also disallowed ; or \r\n \r\n(c) if a party entitled to nominate an arbitrator in place of another arbitrator under \r\nsection 154 fails to nomina te him within one week from the date of the \r\ncommunication to him of a notice requiring him to make the nomination; or \r\n \r\n(d) if an arbitrator nominated by the Revenue Officer dies, desires to be discharged, \r\nor refuses or becomes in capable to act,  \r\n \r\nthe Revenue Officer may nominate a person as arbitrator. \r\n156. Process for a ppearance before arbitrators. (1) The Revenue Officer shall, on the \r\napplication of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators \r\ndesire to examine as he may issue in any proceedings under this Act before himself. \r\n(2) Any such party or witness shall be bound to appear before the arbitrators in obedience to a \r\nprocess issued under sub-section (1), either in person or by agent, as the arbitrators may require. \r\n(3) The person attending in obedience to the process shall be bound to state the truth upon any \r\n \r\nPage 49 of 59 \r\n \r\nmatter respecting which he is examined or makes statements, and to produce such documents and other \r\nthings relating to any such matter as may be specified in the process. \r\n157. Award of arbitrators and presentation thereof. (1) The arbitrators shall make an award \r\nin writing under their hands concerning the matters referred to them for arbitrati on, and state therein \r\ntheir reasons therefor, and any arbitrator dissenting from the award made by a  majority of the \r\narbitrators shall state the grounds of his dissent. \r\n(2) The arbitrators shall present the award to the Revenue Officer in person or by agent, or send \r\nthe same to him by registered post. \r\n158. Procedure on presentation of award. (1) When the award has been received, the \r\nRevenue Officer shall fix a date for the consideration of the award. \r\n(2) On the date fixed under sub-section (1) or on any subsequent date to which an adjournment \r\nmay be made, the Revenue Officer shall hear any objection s which the parties may have to make to \r\nthe award. \r\n159. Effect of award. (1) The Revenue Officer may accept, modify or reject the award,  \r\nrecording his reasons for  doing so in his decision respecting the dispute which was referred to \r\narbitration. \r\n(2) An appeal shall lie from the decision of the Revenue Officer made under sub-section (1) as \r\nif arbitrators had not been appoint. \r\n160. Arbitration Act not to apply to arb itration under this C hapter. Nothing in th e \r\nArbitration Act, 1940 (Act X of 1940), shall apply to any arbitration under this Chapter. \r\n \r\nCHAPTER XIII \r\nAPPEAL, REVIEW AND REVISION \r\n161. Appeals. (1) Save as otherwise provided by this Act, an appeal shall lie from an original \r\nor appellate order of a Revenue Officer as follows, namely— \r\n \r\n(a) to the Collector, when the order is made by an Assistant Collector, of either grade; \r\n \r\n(b) to the Commissioner, when the order is made by a Collector; \r\n \r\n(c) to the Board of Revenue only on a point of law, when the order is made by a \r\nCommissioner: \r\nProvided that— \r\n \r\n(i) when an original order is confirmed on first appeal, a further appeal shall not lie; \r\n \r\n(ii) when any such order is modified or reversed on appeal by the Collector, the order made by \r\nthe Commissioner on further appeal, if any, to him shall be final. \r\nExplanation—(1) An order passed in review, modifying or reversing a previous order, shall be \r\ndeemed to be an original order for the purposes of this section. \r\n(2) An order, shall not be confirmed, modified or reversed in appeal unless reasonable notice \r\n \r\nPage 50 of 59 \r\n \r\nhas been given to the parties affected thereby to appear and be heard in support of or against the order \r\nappealed from. \r\n162. Limitation for appeals. Save as otherwise provided by this Act, the period of limitation \r\nfor an appeal under section 161 shall run from the date of the order appealed against and shall be— \r\n \r\n(a) thirty days, where the appeal lies to the Collector; \r\n \r\n(b) sixty days, where the appeal lies to the Commissioner; \r\n \r\n(c) ninety days, where the appeal lies to the Board of Revenue. \r\n163. Review. (1) A Commissioner, Collector or an Assistant Collector, may , at any time, on \r\nhis own motion, review any order passed by hi mself or any of his predecessors -in-office, and on so \r\nreviewing modify, reverse or confirm the same. \r\n(2) Any person considering himself aggrieved by an order passed by a Commissioner, Collector \r\nor an Assistant Collector, and who, from the discovery of new and important matter or evidence which, \r\nafter the exercise of due diligence was not within his knowledge or could not be produced by him at \r\nthe time when the order was passed, or on account of some mistake or error apparent on the face of the \r\nrecord or for any other sufficient reason, desires to obtain a review of the order passed against him, \r\nmay apply for a review of the order to the Commissioner, Collector or Assistant Collector, as the case \r\nmay be, and such officer may modify, reverse or confirm any order passed by himself or by any of his \r\npredecessors-in-office: \r\nProvided that— \r\n(a) an order passed by his predecessor-in-office shall not be reviewed under sub-\r\nsection (1) or sub-section (2) by the—  \r\n(i) Commissioner, without first obtaining the sanction of the Board of \r\nRevenue; \r\n(ii) Collector, without first obtaining the sanction of the Commissioner, \r\nand no order shall be reviewed by any other Revenue Officer, without \r\nfirst obtaining the sanction of the Revenue Officer to whose control \r\nhe is immediately subject; \r\n(b) an application for review of an order shall not be entertained unless it is made \r\nwithin ninety days from the passing of the order, or unless the applicant \r\nsatisfies the Revenue Officer that he had sufficient cause for not making the \r\napplication within that period; \r\n(c) an order shall not be modified or reversed unless reasonable notice has been \r\ngiven to the parties affected thereby to appear and be heard in support of the \r\norder; \r\n(d) an order against which an appeal has been preferred shall not be reviewed. \r\n(3) For the purposes of this section, the Collector shall be deemed to be successor-in-office of \r\nany Revenue Officer of a lower class who has left the district or has ceased to exercise power s as a \r\nRevenue Officer, and to whom there is no successor-in-office. \r\n \r\nPage 51 of 59 \r\n \r\n(4) An appeal shall not lie from an order refusing to review or confirming on review a previous \r\norder. \r\n164. Revision. (1) The Board of Revenue, may, at any time, on its own motion, or on an \r\napplication made to it within ninety days of the passing of any order, ca ll for the record of any case \r\npending before, or disposed of by, any Revenue Officer subordinate to it. \r\n(2) A Commissioner or Collector may, at any time, of his own motion or on an application \r\nmade to him within ninety  days of the passing of any  order, call for the record of any case pending \r\nbefore, or disposed of by, any Revenue Officer under his control. \r\n(3) If in any case in which a Collector has called for a record he is of opinion that proceedings \r\ntaken or order made should be modified or reversed,  he shall report the case with his opinion \r\nthereon for the orders of the Commissioner. \r\n(4) The Board of Revenue may, in any case called for under sub -section (1) and a \r\nCommissioner may in any case called for under sub -section (2) or reported to him under sub -section \r\n(3) pass such orders as it or he thinks fit: \r\nProvided that no order shall be passed under this section reversing or modifying any \r\nproceedings or order of a subordinate Revenue Officer affecting any person without giving such person \r\nan opportunity of being heard. \r\n165. Stay of proceedi ngs and exec ution of orders and decrees. (1) An appeal or revision \r\nshall not operate as a stay of proceedings under the order or decree appealed from or under revision, \r\nexcept so far as the appellate or revisional author ity may order , nor shall execution of any order or \r\ndecree be stayed by reason only of an appeal or application for revision having  been made, but the \r\nappellate or revisional authority may, for sufficient cause, order stay of execution of any such order or \r\ndecree. \r\n(2) No order for stay of execution shall be made under sub -section (1), unless the authority \r\nmaking it is satisfied that— \r\n \r\n(a) substantial loss may result to the party applying for stay of execution unless the \r\norder is made; \r\n \r\n(b) the application has been made without unreasonable delay; and \r\n \r\n(c) where necessary, security has been given by the applicant for the due \r\nperformance of such order or decree as may ultimately be binding upon him. \r\n166. Clerical mistakes, etc. Clerical or arithmetical mistakes in any decree or order made by \r\nany Revenue Officer, or errors therein from any accidental slip or omission may, at  any time, be \r\ncorrected by such officer. \r\nExplanation—In this section, “Officer” includes the successor-in-office of the officer. \r\n167. Computation of period limited under this C hapter. In the computation of the period \r\nfor an appeal from, or an application for the review or revision of, an order under this Act, the limitation \r\ntherefor shall be governed by the provisions of the limitation Act, 1908 (Act IX of 1908). \r\n \r\n \r\nPage 52 of 59 \r\n \r\nCHAPTER XIV \r\nSUPPLEMENTAL PROVISIONS \r\nRevenue Deposits \r\n168. Power to deposi t certain sums other than rent.  (1) In either  of the following cases, \r\nnamely— \r\n(a) when a headman or other land -owner to whom any sum other than rent is \r\npayable on account of liability under this Act, refuses to receive the sum fr om, \r\nor to grant a receipt therefor to, the person by whom it is payable, or \r\n \r\n(b) when the person by whom any such sum is payable is in doubt as to the headman \r\nor other land-owner entitled to receive it,  \r\nthat person may apply to a Revenue Officer for leave to deposit the sum in his office, and the Revenue \r\nOfficer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient \r\nground for the application, and if the applicant pays the fee, if any, which may be chargeable on any \r\nnotice to be issued of the receipt thereof. \r\n(2) When a deposit has been so received, the liability of the depositor to the headman or other \r\nland-owner, for the amount thereof shall be discharged. \r\n169. Procedure in case of deposits. (1) If the deposit purports to be m ade on account of any \r\npayment due to Government, it may be credited accordingly. \r\n(2) A Revenue Officer receiving a deposit purporting to be made on any other account shall \r\ngive notice of the receipt thereof to every person who, he has reason to believe, claims or is entitled to \r\nthe deposit, and may pay the amount thereof to any person appearing to him to be entitled to the same, \r\nor may, if he thinks fit , retain the deposit pending the decision of a Civil Court as to the person so \r\nentitled. \r\n(3) No suit or ot her proceeding s shall be instituted against Government or the Board of \r\nRevenue, or against any servant of the State, in respect of any thing done in good faith by a Revenue \r\nOfficer under this section, but nothing herein shall prevent any person entitled to receive the amount \r\nof any such deposit from recovering it from a person to whom it has been paid by Revenue Officer. \r\nOrders of Civil and Criminal Courts \r\n170. Orders of Civil and Criminal Courts for execution of processes against land , etc. \r\nOrders issued by any Civil or Criminal Courts for the attachment, sale or delivery of any land , or for \r\nthe attachment or sale of the produce of any land, shall be addressed to the Collector or such Revenue \r\nOfficer as the Collector may appoint in this behalf, and be executed by the Collector or that officer in \r\naccordance with the provisions of the law applicable to the Court issuing the orders, and with any rules \r\nnot inconsistent therewith made by the Board of Revenue with the concurrence of the High Court and \r\nthe previous approval of Government. \r\n171. Preservation of attached produce.  (1) The attachment of the produce  of any land in \r\npursuance of an order of any Court or other authority shall not prevent the person to whom the produce \r\nbelongs from reaping, gathering or storing it or doing any other act necessary for its preservation. \r\n(2) The attaching officer shall do or cause to be done all acts necessary for the preservation of \r\nthe produce if the person to whom it belongs fails to do so. \r\n \r\nPage 53 of 59 \r\n \r\n(3) When sale of produce follows on its attachment, the purchaser shall be entitled, by himself \r\nor by any person appointed by him in this behalf, to enter upon the place where the produce is, and do \r\nall that is necessary for the purpose of preserving and removing it. \r\nExclusion of Jurisdiction of Civil Courts \r\n172. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue \r\nOfficers. (1) Except as otherwise provided by this Act, no Civil Court shall have jurisdiction in any \r\nmatter which Government, the Board of Revenue, or any Revenue Officer, is empowered by this Act \r\nto dispose of, or take cognizance of  the manner in which Government, the Board of Revenue, or any \r\nRevenue Officer exercises any powers vested in it or him by or under this Act. \r\n(2) Without prejudice to the generality of the provisions of sub-section (1), a Civil Court shall \r\nnot exercise jurisdiction over any of the following matters, namely: — \r\n \r\n(i) any question as to the limits of any land which has been defined by a Revenue \r\nOfficer as land to which this Act does or does not apply ; \r\n \r\n(ii) any claim to compel the discharge of any duties imposed by this Act or any \r\nother enactment for the time being in force on any Revenue Officer as such; \r\n \r\n(iii)  any claim to the o ffice of a Village O fficer, or in respect of any injury caused \r\nby exclusion from such office, or to compel the discharge of the duties or a \r\ndivision of the emoluments thereof ; \r\n \r\n(iv) any notification directing the making or revision of a record-of-rights ; \r\n \r\n(v) the farming of a record-of-rights or periodical record, or the preparation, signing \r\nor attestation of any of the documents included in such a record; \r\n \r\n(vi) the correction of any entry in a record-of-rights, periodical record or register of \r\nmutations ; \r\n \r\n(vii) any notification of the undertaking of the general re-assessment of a District or \r\nTehsil having been sanctioned by Government ; \r\n \r\n(viii) any objection to the amount or rate of any assessment of land-revenue  or the \r\nperiod thereof authorised by Government ; \r\n \r\n(ix) the claim of any person to be liable for an assessment of land-revenue  or of any \r\nother revenue as assessed under this Act ; \r\n \r\n(x) the amount of land-revenue  to be assessed on any estate or to be paid in respect \r\nof any holding under this Act ; \r\n \r\n(xi) the amount of, or the liability of any person to pay, any other revenue to be \r\nassessed under this Act, or any cess, charge or rate to be assessed on an estate \r\nor holding under this Act or any other enactment for the time being in force ; \r\n \r\n(xii) any claim relatin g to the allowance to be received by a land-owner who has \r\ngiven notice of his refusal to be liable for an assessment, or any claim connected \r\n \r\nPage 54 of 59 \r\n \r\nwith, or arising out of, any proceedings taken in consequence of the refusal of \r\nany person to be liable for an assessment under this Act ; \r\n \r\n(xiii) the formation of an estate or determination of its boundaries ; \r\n \r\n(xiv) any claim to hold free of revenue any land, mills , fisheries or natural products \r\nof land or water ; \r\n \r\n(xv) any claim connected with, or arising out of , the collection by Government, or \r\nthe enforcement by Government of any process for the recovery of , land-\r\nrevenue  or any sum recoverable as an arrear of land-revenue ; \r\n \r\n(xvi) any claim to set aside, on any ground other than fraud, a sale for the recovery of \r\nan arrear of land-revenue or any sum recoverable as an arrear of land-revenue ; \r\n \r\n(xvii) the amount of, or the liability of any person to pay, any cess, fees, fines, costs \r\nor other charge imposed under this Act; \r\n \r\n(xviii) any claim for partition of an esta te or holding, or any question connected with \r\nor arising out of, proceedings for partition, not being a question as to title in any \r\nof the property of which partition is sought; \r\n \r\n(xix) any question as to the allotment of land on the partition of an estate or holding, \r\nor as to the distribution of land  subject by established custom to periodical re -\r\ndistribution or as to the distribution of land-revenue  on the partition of an estate \r\nor holding or on a periodical re-distribution of land; \r\n \r\n(xx) any question connected with or arising out of or relating to any proceedings for \r\nthe determination of boundaries of estates subject to river action under the \r\nprovisions of this Act; \r\n \r\n(xxi) any claim regarding boundaries fixed under any of the enactments hereby \r\nrepealed or any other law for the time being in force, or to set aside any order \r\npassed by a competent officer under any such law with regard to boundary \r\nmarks. \r\n173. Powers to invest officers makin g records-of-rights or general re -assessments with \r\npowers of Civil Courts. (1) The Board of Revenue may, by notification, invest any Revenue Officer \r\nmaking or specially revising records-of-rights in any local a rea in pursuance of a notification under \r\nsection 40, or making a general re -assessment of land-revenue in any local area in pursuance of a \r\nnotification under section 59, or any Revenue Officer in a Colony as defined in the Colonization of \r\nGovernment Lands (Punjab) Act, 1912 (Punjab Act  V of 1912), or any Revenue  Officer to whose \r\ncontrol that Officer is subject with all or any of the powers of any Court , constituted under the West \r\nPakistan Civil Courts Ordinance, 1962 (West Pakistan Ordinance II of 1962), for the purpose of trying \r\nall or any specified class of suits or appeals relating to land arising in the local area. \r\n(2) The Board of Revenue may cancel an order notified under sub-section (l) wholly or in part. \r\n(3) While an order or any part of an order under sub-section (1) continues in force, the powers \r\nconferred thereby shall be exercised by the officer invested therewith and not otherwise. \r\n \r\nPage 55 of 59 \r\n \r\n(4) Any case pending before an officer under the order or subsisting part of the order at the \r\ntime of cancellation thereof may be disposed of by him as if the order or that part of it continued in  \r\nforce, unless the Board of Revenue directs, as it is hereby empowored to do, that those cases shall b e \r\ntransferred for disposal to the Courts by which they would have been disposed of if the order had not \r\nbeen notified. \r\n174. Control over such officer and appeals from and revision of their decrees and orders. \r\n(1) The Board of Revenue may by notification direct that the provisions of this Act with respect to the \r\nsuperintendence and control over Revenue Officers shall apply to any Revenue Officer who has been \r\ninvested with the powers of a Civil Court of any of the classes specified in the West Pakistan Civil \r\nCourts Ordinance, 19 62 (West Pakistan Ordinance II of 1962) , and that appeal shall lie from his \r\ndecrees and orders to, and his decrees and orders be subject to revision by, a Revenue Officer invested \r\nunder section 173 with the powers of a Court which would be competent under that Ordinance to hear \r\nappeals from or revise such decree s and orders if they had been made by a Court  with the powers of \r\nwhich the Revenue Officer who made them has been invested. \r\n(2) In the absence of any such notification, a Revenue Officer invested under section 173 with \r\nthe powers of any such Civil Court as aforesaid shall, with respect to the exercise of those powers, be \r\ndeemed to be such a Civil Court for the purposes of the aforesaid Ordinance. \r\n \r\nGeneral \r\n \r\n175. Prevention of e ncroachment upon common lands. 1[(l) Where land which has been \r\nreserved for the common purposes of the persons residing in the estate in which such land is situate \r\nhas been encroached upon by any person, and the land has been shown in the last three periodical \r\nrecords made before such encroachment as so reserved, a Revenue Officer may, on the application of \r\na land-owner in the estate, and after giving an opportunity to the person alleged to have encroached \r\nupon it to appear before him and show cause against the proposed action— \r\n \r\n(a) eject from the land the person who has encroached thereupon; and \r\n \r\n(b) by order proclaimed in the manner provided in section 26, forbid repetition of \r\nthe encroachment. \r\n \r\nExplanation—An edition of the record-of-rights made before the coming into force of this Act, \r\nunder the provisions of section 33 of the Punjab Land Revenue Act, 1887, or \r\nunder the provisions of any other law repealed by this Act, shall be deemed to \r\nbe a periodical report for the purposes of this section.] \r\n \r\n(2) The proceedings of the Revenue Officer under sub-section (1) shall be subject to any decree \r\nor order which may be subsequently passed by any Court of competent jurisdiction. \r\n \r\n176. Papers kept by V illage Officers to be deemed public documents. (1) Any record or \r\npaper which a Village Officer is required  by law, or by any rule made under this Act, to prepare or \r\nkeep shall be deemed to be the property of Government. \r\n \r\n(2) A Village Officer shall, with respect to any record or paper in his custody be deemed, for \r\nthe purposes of the evidence Act, 1872 (Act I of 1872), to be a public officer having the custody of a \r\npublic document which any person has a right to inspect. \r\n \r\n177. Maps and land record open to inspection, etc. Subject to such rules and the payment of \r\nsuch fees as the Board of Revenue may from time to time prescribe in this behalf, all maps and land- \r\nrecords prepared or required to be made under this Act shall be open to the inspection of the public at  \r\n \r\n1Subs. by West Pakistan Ordinance No. X of 1970, s. 3. \r\n \r\nPage 56 of 59 \r\n \r\nreasonable hours, and certified extracts from the same  or certified copies thereof shall be given to all \r\npersons applying for the same. \r\n178. Restriction on Revenue Officers bidding at au ctions or engaging in trade . (1) A \r\nRevenue Officer, or a person employed in a Revenue Office, shall not— \r\n \r\n(a) purchase or bid for, either in person or by agent, in his own name or in that of \r\nanother or jointly or in shares with others, any property which any Revenue \r\nOfficer or Revenue Court in the District in which he is employed has ordered to  \r\nbe sold, or \r\n \r\n (b) in contravention of any rule made by Government in this behalf, engage in trade \r\nin that District. \r\n(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a share-\r\nholder in a company incorporated under the Companies Act, 1913 (Act VII of 1913), or under any \r\nother law for the time being in force relating to a body or bodies corporate. \r\n                 _____ \r\n                                                      CHAPTER XV \r\nMISCELLANEOUS \r\n179. Effect of finality of o rders. Wherever in this Act it is provided that a decision or order \r\nshall be final, it shall be deemed to mean that no appeal lies from decision or order ; but nothing herein \r\nshall be construed as precluding the Board of Revenue from modifying, reversing or setting aside any \r\nsuch decision or order under the provisions of section 164. \r\n180. Restriction on appointment of lambardars. Notwithstanding anything contained in this \r\nAct, headman (Lambardars) shall not be appointed in, nor shall rules for their appointment be enforced \r\nin or made applicable to, any area or part of the P rovince where the law in force immediately before \r\nthe commencement of this Act did not provide for the making of such appointment or rules. \r\n181. Bar on legal procee dings against Revenue officer. No suit, prosecution or other legal \r\nproceeding shall lie against a Revenue Officer for anything done or ordered to be done in good faith \r\nby him as such in pursuance of the provisions of this Act, or of any other law for the time being in \r\nforce. \r\n182. Power to make rules. The Board of Revenue, with the previous approval of Government, \r\nmay, in addition to the other rules which may be made by it under this Act, make rules not inconsistent \r\nwith this Act,— \r\n \r\n(a) fixing the number and amount of the installments and the times and places and \r\nthe manner, by, at and in which any sum other than rent or land-revenue  which \r\nis payable under this Act or of which a record has been made thereunder is to \r\nbe paid ; \r\n \r\n(b) fixing the dates on which profits are to be divisible by headman or other persons \r\nby whom they are realized on behalf of co-sharers ; \r\n \r\n(c) prescribing the fees to be charged for the service and execution of processes \r\n \r\nPage 57 of 59 \r\n \r\nissued by Revenue Officers and Revenue Courts, the mode in which those fees \r\nare to be collected, the number of persons to be employed in the service and \r\nexecution of those processes, and the remuneration and duties of those persons ; \r\n \r\n(d) regulating the procedure in case where persons are entitled to inspect records of \r\nRevenue Officers or records or papers in the custody of Village Officers, or to \r\nobtain copies of the same , and prescribing the fees payable for searches and \r\ncopies ; \r\n \r\n(e) prescribing forms for such books, entries, statistics and accounts as the Board \r\nof Revenue thinks necessary to be kept, made or compiled in Revenue Offices  \r\nor submitted to any authority ; and \r\n \r\n(f) generally for carrying out the  purpose of this Act. \r\n183. Rules to be made after previous publication.  The power to make any rules under this \r\nAct is subject to the condition of the rules being made after previous publication. \r\n184. Repeals and S avings. (1) The enactments mentioned in P art One of the Schedule are \r\nhereby repealed. \r\n(2) On the commencement of this Act in any area the enactments mentioned in Part Two of the \r\nSchedule shall, if and, in so far as applicable to that area, stand repealed; and in the event of specified \r\nprovisions of this Act being applied to any area, only the corresponding provisions in such enactments \r\nshall stand repealed. \r\n(3) Notwithstanding the repeal of the enactments mentioned in sub-section (2) — \r\n \r\n(a) all rules, appointments and transfers made, notific ations and proclamations \r\nissued, authorities and powers conferred, farms and leases granted, record s-of-\r\nrights and other records framed, revised or confirmed, rights acquired, liabilities \r\nincurred, times and places appointed, and other things done, under any such \r\nenactment shall, if not inconsistent with the provisions of this Act, be continued \r\nand, so far as may be, be deemed to have been respectively made, issued, \r\nconferred, granted, incurred, appointed and done under this Act ; and \r\n \r\n(a) all assessments of land-revenue duly made, approved or confirmed under any \r\nsuch enactment and in force immediately before such repeal shall continue, and \r\nsubject to the provisions of this Act, remain in force until assessments made, \r\napproved or confirmed under those provisions take effect. \r\n \r\n(4) Notwithstanding anything to the contrary con tained elsewhere in this Act, or in any other \r\nlaw, or in any order or decree of a Court or other authority, or in any rule of custom or usage, or in any \r\ncontract, instrument, deed or other document, any person who, immediately before the commencement \r\nof this Act, was the holder of any land under the provisions of the Bombay Land Revenue Code, 1879 \r\n(Bom. Act V of 1879), or the Sind Land Revenue Code, 1879 (Sind Act V of 1879), as the case may \r\nbe (hereinafter in this sub-section referred to as the Code), shall— \r\n \r\n(a) if such land (whether alienated or unalienated) was shown on the thirty-first day \r\nof December, 1927, in the Record -of-Rights prepared under the provisions of \r\nthe Code to have been in the possession of an occupant, other than a lessee or a \r\n \r\nPage 58 of 59 \r\n \r\nmortgagee-in-possession, or if any person was shown to have proprietary rights \r\ntherein, be deemed to be the owner of such land for the purposes of this Act; \r\n \r\n(b)  if such land was granted by Government to any person on or after the first day \r\nof January, 1928, otherwise than on lease— \r\n \r\n(i)  be deemed, if he has paid the full price on which the land was granted \r\nto him, the owner of such land, and be subject to all the rights and \r\nliabilities of a proprietor under the Colonization of Government Lands \r\n(Punjab) Act, 1912 (Punjab Act V of 1912); and \r\n \r\n(ii)  be deemed, if he has not paid the full price on which the land was granted \r\nto him, a tenant of Government under the Coloniza tion of Government \r\nLands (Punjab) Act, 1912 (Punjab Act V of 1912), on the conditions on \r\nwhich the grant was made; provided that on such person paying the full \r\nprice on which the land was granted to him in accordance w ith the \r\nconditions of, and within the period provided in the grant, the provisions \r\nof sub-clause (i) shall apply. \r\n \r\nExplanation—For the purposes of this sub-section the terms “occupant” and “holder of land”  \r\nshall have the meaning respectively assigned to them in the Code, and shall include their predecessors \r\nand successors-in-interest. \r\n \r\n(5) Government may make rules for giving effect to the provisions of sub-section (4). \r\n \r\nTHE SCHEDULE \r\n(See section 184) \r\n \r\nPART ONE \r\n1.  The Punjab Riverain Boundaries Act, 1899 (Pb. Act I of 1899). \r\n2.  The Punjab Lands Revenue (Amendment) Act, 1912 (Pb. Act II of 1912). \r\n3.  The Punjab Land-Revenue (Amendment) Act, 1928 (Pb. Act III of 1928). \r\n4.  The Punjab Land-Revenue (Amendment) Act, 1929 (Pb. Act VII of 1929). \r\n5.  The Punjab Land-Revenue (Amendment) Act, 1934 (Pb. Act VI of 1934). \r\n6.  The Punjab Land-Revenue (North-West Frontier Province Amendment) Act, 1935 (N.-\r\nW.F.P. Act VIII of 1935). \r\n7.  The Punjab Land-Revenue (Amendment) Act, 1950 (Pb. Act I of 1950). \r\n8.  The Punjab Land-Revenue (Second Amendment) Act, 1950 (Pb. Act XVIII of 1950). \r\n9.  The Punjab Land-Revenue (North-West Frontier Province Amendment) Act, 1954 (N.-\r\n \r\nPage 59 of 59 \r\n \r\nW.F.P. Act V of 1954). \r\n10.  The Punjab Land-Revenue (Amendment) Act, 1955 (Pb. Act IV of 1955). \r\n11.  The Punjab Land-Revenue (Amendment) Act 1955 (Pb. Act XIX of 1955). \r\n12.  The West Pakistan (Punjab Land-Revenue Act) (Amendment) Act, 1956 (W. P. Act III \r\nof 1956). \r\n13.  The Punjab Land-Revenue (West Pakistan Amendment) Ordin ance, 1959 (W. P. \r\nOrdinance XXIX of 1959). \r\n14.  The West Pakistan Determination of Land-Revenue and Water-Rate Ordinance, 1959 \r\n(W. P. Ordinance LV of 1959). \r\n15.  The Punjab Land-Revenue (West Pakistan Amendment ) Ordinance, 1962 (W. P. \r\nOrdinance XXVIII of 1962). \r\n \r\n16.  The Punjab Land-Revenue (West Pakist an Amendment) Ordin ance, 1962 (W. P. \r\nOrdinance XXXVII of 1962). \r\n \r\n17.  The Punjab Land-Revenue (West Pakistan Amendment) Ordin ance, 1963 (W. P. \r\nOrdinance XVIII of 1963). \r\n                                                                           PART TWO \r\n \r\n1.  The Sind Revenue Jurisdiction Act, 1876 (Sind Act X of 1876): sections 4, 5 and 6. \r\n2.  The Bombay Land-Revenue Code, 1879 (Bom Act V of 1879) ; except Chapters I, VI \r\nand VII as in force for the time being in Karachi Area, together with all enactments \r\nmodifying or amending the same in its application thereto.  \r\n1[3.  The Sind Land Revenue Code, 1879 (Sind Act V of 1879), except Chapters I and VI, \r\ntogether with all enactments modifying or amending the same.] \r\n4.   The Sind Village Officers Act, 1881 (Sind Act IV of 1881) \r\n5.  The Punjab Land-Revenue Act, 1887 (Pb. Act XVII of 1887). \r\n6.  The Punjab Land-Revenue Act, 1887 (Pb. Act XVII of 1887), as in force for the time \r\nbeing in North-West Frontier.  \r\n7.  The Punjab Land-Revenue  Act, 1887 (Pb. Act XVII of 1887), as applied and in force \r\nfor the time being in Baluchistan, Bahawalpur and Nasirabad Sub -Division in \r\nJacobabad District of Khairpur Division,  together with all ena ctments or notifications \r\nmodifying or amending the same in its application thereto.  \r\n \r\n \r\nRGN Date: 20-05-2025 \r\n1Subs. by West Pakistan Ordinance No. XXXIV of 1969, s. 2.",
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