THE MANUAL OF TENANCY LAWS

THE MANUAL OF TENANCY LAWS **************************************** TABLE OF CONTENTS **************************************** THE PUNJAB TENANCY ACT, 1887 Preamble 1 CHAPTER I PRELIMINARY 1. Title, extent and commencement. 6 2. Powers to make rules in anticipation of 7 commencement. 3. Repeal. 7 4. Definitions. 7 CHAPTER II RIGHTS AND OCCUPANCY 5. Tenants having right of occupancy. 13 6. Right of occupancy of other tenants 25 recorded as having the right before passing of Punjab Tenancy Act, 1868. 7. Right of occupancy in land taken in exchange. 28

2 8. Establishment of occupancy on grounds 28 other than expressly stated in Act. 9. Right of occupancy not to be acquired by 32 mere lapse of time. 10. Right of occupancy not to be acquired by 33 joint owner in land held in joint ownership. 11. Continuance of existing occupancy right. 34 12. Respective rights of landlord and tenant to produce. 36 13. Commission and alteration of rent. 38 14. Payment for land occupied without consent 40 of landlord. 15. Collection of rents of undivided property. 41 15 A Rights and liabilities regarding rent and 43 Government duties. 16. Presumption with respect to produce 44 removed before division or appraisement. 17. Appointment of referee for division or 45 appraisement. 18. Appointment of assessors and procedure of 46 referee. 19. Procedure after division or appraisement. 46 20. Enhancement of produce rents of occupancy 48 tenant. 21. Reduction of rents referred to in the last 49 foregoing section. 22. Enhancement of cash rents of occupancy 49 tenants. 23. Reduction of rents referred to in the last 51 foregoing section. 24. Enhancement and reduction of rent by suit. 51 25. Discretion as to extent of enhancement or reduction.- 53

3 26. Time for enhancement or reducing to take effect. 27. Adjustment of rents expressed in terms of 54 the land revenue. 27 Adjustment of rent paid by occupancy 55 A. tenant in Attock District. 28. Alteration of rent on alteration of area. 57 29. Remission of rent by Courts decreeing 58 arrears. 30. Remission and suspension of rent 59 consequent on like treatment of like treatment of land revenue. 31. Power to deposit rent in certain cases with 62 Revenue Officer. 32. Effect of depositing rent. 63 33. Recovery of rent from attached produce. 63 34. Treatment of leases of period exceeding or equal to term of assessment of land revenue. 65 CHAPTER IV RELINQUISHMENT, ABANDONMENT AND EJECTMENT 35. Relinquishment by tenant for a fixed 66 termed. 36. Relinquishment by any other tenant. 67 37. Relinquishment of part only of tenancy. 67 38. Abandonment of tenancy by occupancy 68 tenant. 39. Grounds of ejectment of occupancy tenant. 71 40. Grounds of ejectment of tenant for fixed 73 term. 41. Ejectment of tenant from year to year. 73 42. Restriction on ejectment. 75 54

4 43. Application to Revenue Officer for 77 ejectement. 44. Ejectment for failure to satisfy decree for 77 arrear of rent. 45. Ejectment of tenant from year to year by 78 notice. 46. Power to make rules. 80 47. Time for ejectment. 81 48. Relief against forfeiture. 81 49. Rights of ejected tenants in respect of crops 82 and land prepared for sowing. 50. Relief for wrongful dispossession or ejectment. 84 50 A. Bar to civil suits. 88 51. Bar of relief by suit under section 9, Act 1 of 88 1877. 52. Power for Provincial Government to fix dates for certain purposes. 89 CHAPTER ALIENATION AND SUCCESSION TO RIGHT OF OCCUPANCY 52. A Provision of Chapter V not to apply to 89 muqararridars 53. Private transfer of right of occupancy under 89 section 5 by tenant. 54. Procedure on foreclosure mortgagee of 96 right of occupancy under section 5. 55. Sale of right of occupancy under section 5 96 in execution of decree. 56. Transfer of right of occupancy under any 97 other section than section 5. 57. Rights and liabilities of transferee of right 98 of occupancy. 58. Sub letting. 99

5 58 A. Transfer of right of occupancy under any 100 section of the Act by exchange. 59. Succession to right of occupancy. 100 60. Irregular transfer of right of occupancy by tenants. 113 CHAPTER V-A SUCCESSION TO NON-OCCUPANCY TENANCIES 60-A. Succession to non-occupancy tenancies. 115 CHAPTER VI IMPROVEMENTS AND COMPENSATION 61. Improvements by landlords in tenancies of occupancy tenants. 62. Enhancement of rent in consideration of an improvement made by a landlord on the tenancy of any occupancy tenant. 63. Title of occupancy tenant to make improvements. 64. Title of tenants not having right of occupancy to make improvements. 65. Improvement made before commencement of this Act. 66. Improvements begun in anticipation of ejectment. 67. Tender of lease for twenty years to tenant to be a bar to right to compensation. 68. Liability to pay compensation for improvements to tenant on ejectement or on enhancement of his rent. 69. Compensation for disturbance of clearing tenants. 70. Determining of compensation by Revenue Court. 116 117 119 119 120 120 121 121 122 123

6 71. Determination of compensation by 124 Revenue Officers. 72. Matters to be regarded in assessment of 125 compensation for improvement. 73. Form of compensation. 126 74. Relief in case of ejectment before determination of compensation. 127 CHAPTER VII JURISDICTION AND PROCEDURE 75. Revenue officers. 129 76. Applications and proceedings cognizable 130 by Revenue Officer. 77. Revenue Courts and suits cognizable by 133 them: Procedure where revenue matter is raised in a Civil Court. 78. Superintendence and control of Revenue 138 Officers and Revenue Courts. 79. Power to distribute business and withdraw 139 and transfer case. 80. Appeals. 140 81. Limitation for appeals. 141 82. Review by Revenue Officers. 141 83. Computation of period limited for appeals 143 and applicants for review. 84. Power to call for examine and revise 144 proceedings of Revenue Officer and Revenue Courts. 85. Procedure of Revenue Officers. 147 86. Persons by whom appearances may be 148 made before Revenue Officers as such and not as Revenue Courts. 87. Costs. 149 88. Procedure of Revenue Courts. 150

7 89. Power of Revenue Officer or Revenue 152 Court to summon persons. 90. Mode of service of summons. 152 91. Mode of service of notice, order of 154 proclamation or copy thereof. 92. Additional mode of publishing 154 proclamation. 93. Joinder of tenants as parties to proceedings 154 relating to rent. 94. Exception of suits under this Act from 155 operations of certain enactments. 95. Payment of money into Court admitted to 156 be due to a third person. 96. Execution of decrees for arrears of rent. 157 97. Prohibition of imprisonment of tenant in 157 execution of decrees for arrears of rent. 98. Power to refer party to Civil Court. 157 99. Power to refer to High Court questions as 159 to jurisdiction. 100. Power of High Court to validate 161 proceeding heard under mistake as to jurisdiction. 101. Place of sitting. 163 102. Holidays. 163 103. Discharge of duties of Collectors dying or 164 being disabled. 104. Retention of powers by Revenue Officer on 164 transfer. 105. Conferment of powers of Revenue Officer 164 or Revenue Court. 106. Power of Board of Revenue to make rules. 166 107. Rules to be made after previous 167 publication. 108. Powers exercisable by Board of Revenue from time to time. 167

8 CHAPTER VIII EFFECT OF THIS ACT OF RECORD OF RIGHTS AND AGREEMENTS 109. Nullity of certain entries in record of 167 rights 110. Nullity of certain agreements contrary to 168 the Act. 111. Saving of other agreement when in writing. 169 112. Effect of certain entries made in records-of 170 rights before November, 1871. 113. Nothing but rent or seed supplied 171 recoverable. 114. Extinction of occupancy tenancies. 172 114-A. Extinction of Muqarraridari rights. 179 114-B. Removal of doubts. 181 115. Limits of holding for personal cultivation. 184 116. Offences.(a) If any landlord 187 Instructions about proceedings suit 189 between landlords and, tenants, financial commissioner s standing order No. 2 The Punjab Tenancy Validation and 197 Extension of period for payment of compensation Ordinance, 1969 Rules About Holdings For Personal 200 Cultivation Under Section 115, Punjab Tenancy Act, 1887 The Punjab Protection and Restoration of 204 Tenancy Rights Act, 1950 The Punjab Protection and Restoration of 213 Tenancy of Rights Rules, 1950 Punjab Tenancy (Extinction of 215 Muqarraridari Rights) Rules, 1977 Ejected Tenants Schemes 217

9 Scheme of 1958 for resettlement of ejected 250 tenant in the Province of the Punjab Land Reforms Regulation 267 Punjab Land Reforms (Procedure for 281 Ejectment Suits) Rules 1974 Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977 THE SINDH TENANCY ACT, 1950 CHAPTER 1 PRELIMINARY 1. Short title, Extent and Commencement. 289 2. Definitions. 291 3. Classes of tenants. 297 CHAPTER II PERMANENT TENANTS 4. Permanent Tenants. 299 5. 299 6. 300 7. 301 8. Tenants at-will. 301 9. Record of tenancy rights. 302 10. Permanent rights. 302 11. Unalienable and unattachable. 303 12. Incapacity. 303 13. Termination of tenancy. 303 14. Termination by landlord for his own use. 307 15. Improvements by permanent tenants. 309

10 CHAPTER III TENANTS GENERALLY 16. Tenants-at-will. 310 17. Batai. 311 18. 311 19. Joint possession of the produce. 311 20. Cash rent. 312 21. Abolition of abwabs. 312 22. Chher and Begar. 312 23. Duties of the tenant. 313 24. Duties of the landlord. 315 25. General provisions regarding debt. 316 CHAPTER IV SETTLEMENT OF DISPUTES-TRIBUNALS 26. Appointment of Tribunals. 317 27. Constitution of Tribunals. 317 28. Procedure and powers. 317 29. Appeal. 320 30. Revision. 321 31. Suspension of orders. 322 32. Orders to be final. 322 33. 323 CHAPTER V MISCELLANEOUS 34. Penalty. 323 35. Rules. 323 36. 324

11 THE N.W.F.P. TENANCY ACT, 1950 Preamble. 325 1. Short title, extent and commencement. 325 2. Definitions. 326 3. Non-acquisition of occupancy rights. 336 4. Compensation to be paid to the landlord. 337 [4-A Determination of occupancy tenancies in 345 cases where rent in kind is paid. 4-B Determination of occupancy tenancies in 347 Government land 4-C. Purchasers to have right of occupancy in 348 certain cases. 5. Respective rights of landlord and tenant to 348 produce. 6. Commutation and alteration of rent. 350 7. Payments for land occupied without 351 consent of landlord. 8. Collection of rents of undivided property. 353 [8-A Rights and liabilities regarding rent and 353 Government dues. [8-B Rights and liabilities regarding rent. 354 9. Presumption with respect to produce 355 removed before division. 10. Finality to the decision of the officer 355 conducting the division. 11. Cost of division. 355 12. Village cess or service to a landlord. 355 13. Alternation of rent on alternation of area. 356 14. Remission of rent by Courts decreeing areas. 357

12 15. Remission and Suspension of rent 357 consequent on like treatment of land revenue. 16. Power to deposit rent in certain cases with 359 Revenue Officer. 17. Effect of depositing rent. 359 18. Recovery of rent from attached produce. 360 19. Treatment of leases for period exceeding or 360 equal to term of assessment of land revenue. 20. Relinquishment by tenant for a fixed term. 362 21. Relinquishment by any other tenant. 362 22. Relinquishment of party only of a tenancy. 362 23. Grounds to ejectment of tenants for a fixed 362 term. 24. Ejectment of other tenants. 363 25. Restriction on ejectment. 366 26. Application to Revenue officer for 367 ejectment. 27. Ejectment for failure to satisfy decree for arrear of rent. 367 28. Ejectment of certain tenants by notice. 368 29. Power to make rules. 370 30. Time for ejectment. 370 31. Relief against forfeiture. 371 32. Rights of ejected tenants in respect of crops 372 and land prepared for sowing. 33. Relief for wrongful dispossession or 372 ejectment. 34. Bar to civil suit. 374 35. Bar of relief by suit under section 9 (Act I of 375 1877). 36. Power of Board of Revenue or Commissioner to fix date is for certain purposes 375

13 37. Title of tenants to make improvements. 375 38. Improvements begun in anticipation of 376 ejectment. 39. Tender of lease for 20 years to tenant to be a 377 bar to right of compensation. 40. Liability to pay compensation for 377 improvements to tenant on ejectment or on enhancement of his rent. 41. Compensation for disturbance of clearing 377 tenants 42. Determination of compensation by 378 Revenue Court 43. Determination of compensation by 378 Revenue Officers. 44. Matters be regarded in assessment of 378 compensation for improvement.- 45. Form of compensation.- 379 46. Relief in case of ejectment before 379 determination of compensation 47. Classes of Revenue Officer 380 48. Applications and proceedings cognizable 381 by Revenue Officers.( 49. Revenue Courts and suits cognizable by 384 them.( 50. Superintendence and control of Revenue 393 Officers and Revenue Court.( 51. Power to the distribute and withdraw and 394 transfer cases.( 52. Appeals. 394 53. Limitation for appeals.- 395 54. Review by Revenue Officers.( 395 55. Computation of period limited for appeals and applications for review. 396

14 56. Power to call for examine and review 396 proceedings of Revenue Officers and Revenue Courts.- 57. Procedure of Revenue Officers. 400 58. Persons by whom appearances may by 401 made before Revenue Officers as such and not as Revenue Courts. 59. Cost. 402 60. Procedure of Revenue Courts. 402 61. Power of Revenue Officer or Revenue 403 Court to Summon persons. 62. Mode of Service of summons. 403 63. Mode of Service of Notice, Order or 404 Proclamation or copy thereof. 64. Additional Mode of Publishing 404 Proclamation. 65. Joinder of Tenants as to Projoinder of 405 Tenants as Parties to Proceedings Relating to rent. 66. Exception of suits under this Act from 405 Operations of certain Enactments. 67. Payment into Court of Money admitted to 405 be due to a third person. 68. Execution of decree for arrear of rent. 406 69. Prohibition of Imprisonment of Tenants in 406 Execution of Decrees for Arrears of Rent. 70. Power to refer party to Civil Court. 406 71. Power to refer to High Court question as to 408 jurisdiction. 72. Power of High Court to validate 408 proceeding made under mistake as to jurisdiction. 73. Place of Sitting 409 74 Holidays. 410

15 75. Discharge of duties of Collector Dying or 410 being disabled. 76. Retention of Powers by Revenue Officers 410 on Transfer. 77. Conferment of Power of Revenue Officer or 410 Revenue Court. 78. Power of the Board of Revenue to make 412 Rule. 79. Rules to be made after previous 413 Publication. 80. Powers Exercisable by the Board of 413 Revenue or the Commissioner from time to time. 81. Nullity of certain entries in record of rights. 414 82. Nullity of certain Agreements Contrary to 414 the Act. 83. Limitation for Declaration of Occupancy 414 rights. 84. Power of Provincial Government to make 415 rules. 85. Repeal and saving. 415 The N.W.F.P. Tenancy (Fixation of 418 Compensation to the Landlord) Rules, 1950 The N.W.F.P. Tenancy (Fixation of 422 Compensation to the landlords) Rules, 1981 N.W.F.P. Tenancy (Validation and 426 Extension of period for payment of compensation) Ordinance, 1969 The N.W.F.P. Protection and Restoration of Tenancy Rights Act. 1951 (N.W.F.P. ACT VIII of 1951) 429

16 BALOCHISTAN TENANCY ORDINANCE, 1978 Preamble 434 CHAPTER 1 PRELIMINARY 1. Short title and commencement. 434 2. Definitions. 435 CHAPTER II CLASSES OF TENANTS 3. Tenants having rights of occupancy. (1) A 439 tenant. 4. Right of occupancy in land taken in 440 exchange 5. Establishment of right of occupancy on 440 grounds other then expressly stated in Ordinance. 6. Right of occupancy not to be acquired by 440 mere lapse of time. 7. Right of occupancy not to be acquired by 440 joint owner in land held in joint ownership 8. Lathband tenants 440 9. Tenants-at-will 441 CHAPTER III RENT RENTS GENERALLY 10. Rights and liabilities regarding and 442 Government dues. 11. Commutation and alteration of rent. 442 12. Payment for land occupied without consent of landlord. 443

17 13. Collection of rent of undivided property. 443 14. Presumption with respect of produce 444 removed before division. 15. Finality of the decision of the officer 444 conducting the division. 16. Cost of division. 444 17. Enhancement of produce rents of 444 occupancy tenants and Lathbands tenants. 18. Reduction of rents referred to in the last 445 foregoing Section. 19. Enhancement and reduction of rent by suit. 445 20. Discretion as to extent or enhancement or 446 reduction. 21. Time for enhancement or reduction to take 446 effect. 22. Alteration of rent on alteration of area. 446 23. Remission of rent by Courts decreeing 447 arrears. 24. Power to deposit rent in certain cases with 448 Revenue Officer. 25. Effect of depositing rent. 448 26. Recovery of rent from attached produce. 448 CHAPTER IV RELINQUISHMENT, ABANDONMENT AND EJECTMENT Relinquishment 27. Relinquishment by tenant for a fixed term. 449 28. Relinquishment by any other tenant. 449 29. Relinquishment of part only of a tenancy. 450 30. Abandonment of tenancy by occupancy 450 tenant. 31. Grounds of ejectment of occupancy tenant. 450 32. Grounds of ejecment of lathband tenant. 451

18 33. Cognizance of ejectment suit. 451 34. Application for ejectment of tenant. 452 35. Rule of Procedure. 453 36. Contents of order of the Court. 453 37. Execution of order of ejcetment. 453 38. Time for ejectment. 454 39. Notice of ejectment. 454 40. Relief against forfeiture. 454 41. Relief for wrongful dispossession or 455 ejectment. 42. Bar of relief by suit under section 9, Act 1 of 456 1877. 43. Power for local Government to fix dates for 456 certain purpose. 44. Grounds of ejectment of tenancy-at-will. 456 CHAPTER V ALIENATION AND SUCCESSION TO RIGHT OF OCCUPANCY 45. Private transfer of right of occupancy under 458 section 3 by tenant. 46. Procedure on foreclosure of mortgage of 459 right of occupancy under Section 3. 47. Sale of right of occupancy under Section 3 460 in execution of decree. 48. Right and liabilities of transferee of right of 460 occupancy. 49. Subletting. 460 50. Succession to right of occupancy. 460 51. Irregular transfer of right of occupancy by tenants. 462

19 CHAPTER V-A 52. Transfer of a succession to the right of lathband tenants. CHAPTER VI IMPROVEMENTS AND COMPENSATION 53. Improvements by landlords in tenancies of occupancy and lathband tenants. 54. Enhancement of rent in consideration of any improvement made by a landlord on the tenancy of an occupancy tenant and lathband tenant. 55. Title of occupancy tenant to make improvements. 56. Title of lathband tenant to make improvements. 57. Title of tenants-at-will to make improvements. 58. Improvement made before commencement of the Ordinance. 59. Improvement begun in anticipation of ejectment. 60. Tender of lease for twenty years to tenant to be a bar to right to compensation. 61. Liability to pay compensation for improvements to tenant on ejectment or on enhancement of his rent. CHAPTER VII JURISDICTION AND PROCEDURE 462 462 463 463 463 464 464 464 464 464 62. Revenue Officer. 465 63. Applications and proceedings cognizable 465 by Revenue Officers.

20 64. Revenue Courts and suits cognizable by them: 65. Superintendence and control of Revenue Officers and Revenue Courts. 66. Power to distributes business and withdraw and transfer case. APPEAL, REVIEW AND REVISION 467 471 472 67. Appeals. 472 68. Limitation of appeals. 473 69. Review by Revenue Officer. 474 70. Computation of period limited for appeal 475 and application for review. 71. Power to fall for, examine and revise 475 proceedings of Revenue Officers and Revenue Courts. 72. Procedure of Revenue Officers. 477 73. Persons by whom appearances may be 478 made before Revenue Officers as such, and not as Revenue Court. 74. Costs. 478 75. Procedure of Revenue Courts. 478 76. Powers of Revenue Officer or Revenue 479 Court to summon persons. 77. Mode of service of summons. 479 78. Mode of service of notice, or proclamation or copy thereof. 480 79. Additional mode of publishing 480 proclamation. 80. Joinder of tenants as parties to proceedings relating to rent. 81. Exemption of suit under this Ordinance from operation of certain enactments. 481 481

21 82. Payment of money into Court admitted to 481 be due to a third person. 83. Execution of decree for arrears of rent. 482 84. Prohibition of imprisonment of tenants in 482 execution of decree for arrears or rent. 85. Power to refer party to Civil Court. 482 86. Power to refer to High Court question as to 483 jurisdiction. 87. Power of High Court to validate proceedings held under mistake as to jurisdiction. 483 MISCELLANEOUS 88. Place of sitting. 484 89. Holidays. 485 90. Discharge of duties of Collector dying or 485 being disabled. 91. Retention of powers by Revenue Officers 485 on transfer. 92. Conferment of powers of Revenue Officers 485 or Revenue Court. 93. Power of Board of Revenue to make rules. 486 94. Rules to be made for previous publication. 487 CHAPTER VIII EFFECT OF THIS ORDINANCE ON RECORD-OF- RIGHTS AND AGREEMENTS 96. Nullity of certain entries in Record-ofrights. 97. Nullity of certain agreements contrary to the Act. 98. Saving of other agreements when in writing. 488 488 489

22 99. Effects of certain entries made in record-ofrights 489 before the coming into force of this Ordinance. 100. Nothing but rent or seed supplied 490 recoverable. 101. Extinction of occupancy tenancies. 490 102. Limits of holding for personal cultivation. 492 103. Offence. 496 *********************