N.-W.F.P. Tenancy (Fixation of Compensation to the Landlords) Rules 1981

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N. W. F. PROVINCE TENANCY (FIXATION OF COMPENSATION TO THE LANDLORDS) RULES, 1981

[Gazette of N: W. F. P., Part I, 8th April, 1981]

No. 3154/Rev. IV/168‑A.‑The following the draft rules which the Government of the North‑West Frontier Province, propose to make for the purpose of carrying out the provisions of clause (c) of subsection (1) of section 4 of the North‑West Frontier Province Tenancy Act, 1950, in exercise of the powers conferred by section 84 of the said Act, are published as required by section 79 of the said Act, for information of the persons likely to be effected thereby and notice is hereby given that the draft, with any objection and suggestion, which may be received by the Board of Revenue within a period of 30 days from the date of its publication in the official Gazette shall be taken into consideration after the expiry of the said period

  1. Short title and commencement.‑(1) These rules may be called the North‑West Frontier Province Tenancy (Fixation of Compensation to the Landlords) Rules, 1981.

(2) They shall come into force at once.

  1. Definitions.‑In these rules, unless there is anything repugnant in the subject or context‑

(a) "Act" means the North‑West Frontier Province Tenancy Act, 1950 (N: W. F. P. Act XXV of 1950);

(b) "Collector" means a person appointed as Collector, under section 47 of the Act.

  1. Fixation of compensation payable by tenant to his landlord.‑In the case of an occupancy tenant paying rent both in cash as well as in kind to his landlord, ten times the amount of such consolidated rent, exclusive of land revenue, shall be amount of compensation payable by the occupancy tenant to his landlord, for the purpose of clause (c) of subsection (1) of section 4 of the Act.

  2. Occupancy tenant to become owner on payment of compensation.‑Any person who, at the commencement of the Act, is entered as an occupancy tenant in the revenue records paying rent both in cash as well as in kind shall become absolute owner of the land on payment of compensation fixed under rule 3.

Explanation I.‑For the purpose of payment of compensation under rule 3, produce rent (rent payable in kind) shall be converted into cash rent on the basis of yearly average of tile previous five years produce of that kind of land, in the assessment circle in which the land is situated, multiplied by the average price of each type of produce for the same period.

Explanation II.‑For the purpose of explanation I, the previous five years shall be calculated from the date on which rights of ownership are transferred to the occupancy tenant.

  1. The compensation shall be payable either in lump sum or in three six‑monthly instalments. In case the compensation is paid by instalment the total amount shall be payable within 18 (eighteen months).

  2. Extinguishments of landlords rights in land.‑When compensation in full has been paid by occupancy tenant as provided in rule 5, the right of the landlord in the holding shall be extinguished forthwith.

  3. Entries in revenue records to be rectified.‑The Collector shall, on extinguishments of the right of the landlord, order that necessary entries be made in the revenue records.

  4. Maintenance of register.‑The Collector shall maintain a common register giving the following particulars of all the lands covered under the Act .‑

  5. Serial No.

  6. Khata No. (if any).

  7. Khatauni No. (if any).

  8. Khasra No.

  9. Name of the landlord.

  10. Name of the occupancy tenant.

  11. Condition of the tenancy.

  12. Area.

  13. Culturable, or not culturable.

  14. If culturable, quality of the land.

  15. Changes in the ownership with special reference to mutation or order or prescribed authority by which the change took place.

  16. Amount of the equal instalments fixed.

  17. Date of payment of the instalment by the occupancy tenants.

  18. Signature of the Revenue Officer.

  19. Date of payment of the amount to the landlord.

  20. Singnature of Revenue Officer.

  21. Procedure for payment of compensation by the tenant.‑The procedure to be followed in respect of payment of the compensation money by the occupancy tenant will be as follows :‑----

(a) The village officer will collect the amount of compensation alongwith the land revenue and deposit the same into the Government Treasury under Head "Fixed Revenue Deposits". The village officer shall issue a receipt for the amount in question to the occupancy tenant.

(b) The amount will be deposited on the regular challan Form (to be provided for by the Tehsil Accountant), a duplicate copy of which will be passed on to the Tehsil authorities by the Treasury or Sub‑Treasury Officer for making the necessary entries in the register mentioned in rule 8.

(c),The village officer will not' be entitled to receive any punjotra on this account.

  1. Procedure for payment of compensation money to the landlord. The procedure with regard to the payment of the compensation money to the landlord will be as follows :‑

?(a) "As soon as an instalment is credited under the head "Fixed Revenue Deposits", and entries made in the register prescribed in rule 8, the Revenue Officer will issue a written notice to the landlord to come and draw the amount in question on a revenue voucher.

(b) An entry to this effect will also he Blade in the said register.

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