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THE PUNJAB ALIENATION OF LAND ACT, 1900

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Department: Board of Revenue
Main Category: Acts
Specific Category Name: An Act to amend the Law relating to Agricultural Land in the Khyber Pakhtunkhwa.
Year 1900
Promulgation Date: 19-10-1900
Details:

THE PUNJAB ALIENATION OF LAND ACT, 1900.
[ACT NO. XIII OF 1900].


CONTENTS.
PREAMBLE
SECTIONS
Preliminary

1.         Short title, extent and commencement.

2.         Definitions.
2-AApplication of Act to sections 53 and 54, Act XVI, of 1887.

 

Permanent Alienation of Land

 

3.         Sanction of Deputy Commissioner required to certain permanent

alienations.
4.         Agricultural Tribes.

5.         Saving for rights in land alienated.


            Temporary Alienation of Land


6.         Forms of mortgage permitted in certain cases.

7.         Rules applying to permitted mortgages.

8.         Conditions in permitted mortgages.

9.         Power to revise mortgage made in form not permitted.

10.       Future mortgage by way of conditional sale not permitted.

11.       Leases and Farms.

12.       Restriction on power to make further temporary alienation.13.         Ejectment of mortgagee, lessee or farmer remaining in posses­sion after term.

General provisions.

14.       Effect of permanent alienation made without sanction.

15.       Sanction  of  Deputy  Commissioner required  to certain alienations of or

charges on produce of land.

16.       Execution-sale of land forbidden.

17.       Registration.

18.       Record-of rights, and annual record.

19.       Application of certain provisions of the Punjab Land Revenue Act, 1887.

20.       Appearance of legal practitioners forbidden,

21.        Jurisdiction of Civil Courts excluded.2-A.    Civil Court to send copy of decree or order to Deputy Commissioner.Action to be taken by Deputy Commissioner when decree or order passed contrary to Act.

22.       [Repealed]

23.       Exercise of powers of Deputy Commissioner.

24.       Exemption.

25.       Power to make rules.

 

 

 

THE PUNJAB ALIENATION OF LAND ACT, 1900.
[1][ACT NO. XIII OF 1900].
[19th October, 1900].


AN

 ACT

 

to amend   the Law relating to Agricultural Land in the
[2] [[3](The Khyber Pakhtunkhwa)].

WHEREAS it is expedient to amend the law relating to agricultural land in the[4] [[5](Khyber Pakhtunkhwa)]: It is hereby enacted as follows:—

Preliminary

1.                              (1) This Act may be called the  [6][West Punjab]  Alienation of Land Act, [7][ * * *]

Short Title extend and commencement

[8][(2) It extends to [9][the [10]Punjab] and the[11] [[12](The Khyber Pakhtunkhwa)[13][***].
      (3)        It shall come into force on such day [14]as the [15][Provincial Government] may, by notification in the[16][Official Gazette] direct:

2.                     In this Act, unless there is anything repugnant in the subject, or context,-

Definition

                        (1)        [17][  *   *  *]

                        (2)        all expressions which are defined by section 4 of the [18][Punjab Tenancy Act, 1887], or by section 3 of the[19] [Punjab Land Revenue. Act, 1887], shall, subject to the provisions of this Act, have the mean­ings assigned to them in the said sections respectively; and the ex­pressions "record-of-rights" and "annual record" shall have the meanings assigned to them respectively in Chapter IV of the said last-mentioned Act;

                        (3)        the expression "land" means land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes—

                        (a)        the sites of buildings and other structures   on such land;

                        [20][(aa) any right of occupancy acquired under the[21][Punjab                                      Tenancy Act, 1887], the [22][Hazara Tenancy Regulation,                                          1887]or[23][the Agror Valley Regulation, 1891], as the case                                               may be];

                        (b)   a share in the profits of an estate or holding;

                        (c)   any dues or any fixed percentage  of the land revenue pay­able                          by an inferior land owner to a superior landowner,

                        (d)   a right to receive rent;

                        (e)   any right to water enjoyed by the owner or occupier of land as                                     such; [24][ *   *    *   * ]


                        [25][(f) any right of occupancy] ; [26][and]

                        [27][(g) All fruit-bearing trees Standing on  such land].

                        [28][(4)    the expression "permanent alienation" includes sales, ex­changes, gifts, wills and grants of occupancy rights:

                        (5)        the expression "usufructuary mortgage" means a mortgage by which the mortgagor delivers possession of the mortgage land to the mortgage and authorizes him to retain such  possession until payment of the mortgage-money, and to receive the rents and profits of the land and to appropriate them in lieu of interest or in payment of the mortgage-money or partly in lieu of inter­est and partly in payment of the mortgage-money: and

                        (6)        the expression "conditional sale" includes any agreement whereby in default of payment of the mortgage-money or interest at a certain time the land will be absolutely transferred to the mortgage.

[29] [2-A.                        Notwithstanding anything contained in sections 53 and 54 of the [30][Punjab Tenancy Act, 1887], whena landlord makes a claim to exercise the rights thereby conferred upon him the  provisions of this Act shall apply thereto].

Application of Act to sections 53 and 54 Act XVI, 1887

 

3.                     (1) A person who desires to make a permanent alienation & of his                           land shall be at liberty to makes such alienation where—


                        (a) the alienor is not a member  of an agricultural tribe ; or

Sanction of Deputy Commissioner required to certain permanent alienations.

 

                        [31][(b)     *    *   *]        

                        (c) thealienor is a member of an agricultural tribe and the alienee                              is a member of the same tribe or of a tribe in the same group.
                        [32] [*  *  *]

                        (2)        Except in the cases [33]provided for sub-section (1), a per­manent alienation of land shall not take effect as such unless and until sanction is given thereto by a Deputy Commissioner:

[34][Provided that-

                        (1)   sanction may be given after the act of alienation is other­wise completed, and
                        (2)   sanction shall not be necessary in the case of—

                                    (a)   a sale of a right  of occupancy by a  tenant   to his                                             landlord,or
                                    (b)   a gift made in good faith for a religious or charitable                                         purpose, whether inter vivos or by will].

                        (3) The Deputy Commissioner shall inquire into the circums­tances of the alienation and shall have discretion to grant or refuse the sanction required by sub-section (2).

4.                     [35][(a)    All Muslims ordinarily residing, or holding land, in the [36][[37] (The Khyber Pakhtunkhwa)] shall be deemed to be members of an Agricultural   tribe andconstituting one group for the purposes of this Act.

Agricultural Tribes

                        (b          The Provincial Government may, by notification in the official Gazette, determine what bodies of persons, other than Muslims, in any District or group of Districts, are to be deemed Agricultural tribes or a group of Agricultural tribes for the purposes of this Act.]

 

 

5.                     When a Deputy Commissioner sanctions a permanent aliena­tion of land, his order shall not be taken to decide or affect any ques­tion of title, or any question relating to any reversionary right or right of pre-emption.

Saving for rights in land alienated.

Temporary Alienations of Land,

6.                     (1) If a member of an agricultural tribe   mortgages  his land and the mortgage is not a member of the same tribe, or of a   tribe in the same group, the mortgage shall be made in one of the   following forms:-

Forms of mortgage permitted in certain cases.

(a)   in the form of a usufructuary mortgage, by which the mortgagor delivers possession of the land to the mortgagee and authorizes him to retain such possession and to receive the rents and profits of the land in lieu of interest and towards payment of the principal, on condition that after the expiry of the term agreed on or (if no term is agreed on, or if the term agreed on exceeds twenty years), after the expiry of twenty years, the land shall be redelivered to the mortgagor ; or

(b)   in the form of a mortgage without possession, subject to the condition that, if the mortgagor fails to pay principal and interest according to his contract, the mortgagee may apply to the Deputy Commissioner to place him in possession for such term not exceeding twenty years as the Deputy Commissioner may consider to be equitable, the mortgage to be treated as a usufructuary mortgage for the term of the mortgage possession and for such sum as may be due to the mortgage on account of the balance of principal due and of interest due not exceeding the amount claimable as simple interest at such rate and for such period as the Deputy Commissioner thinks reasonable; or

(c)   in the form of a written usufructuary mortgage by which the mortgagor recognizes the mortgagee as a landlord and himself remains in cultivating occupancy of the land as a tenant subject to the payment of rent at such rate as may be agreed upon not exceeding sixteen annas per rupee of the amount of the land-revenue in addition to the amount of the land revenue of the tenancy and the rates and cesses chargeable thereon and for such term as may be agreed on, the mortgagor having no right to alienate his right of cultivating occupancy and the mortgageehaving no right to eject the mortgagor unless on the grounds mentioned in section 39 of the[38] [Punjab Tenan­cy Act, 1887];,or

(d)   in any form which the [39][Provincial Government] may, by-general or special order, permit to be used.

                        (2)        If in the case of a mortgage in form (c) the mortgagor is ejected or relinquishes or abandons cultivating occupancy of the land, the mortgage shall take effect as a usufuctuary mortgage in form (a) for such term not exceeding, twenty years from the date of ejectment, relinquishment or abandonment, and for such sum of money as the Deputy Commissioner considers to be reasonable.

                        [40][ (3) The Deputy Commissioner, if he accepts the application of a mortgagee under sub-section (1)(b), shall have power to eject the mortgagor, and as against the mortgagor to place the mortgagee in possession.]

 

7.                     In   the   case    of   mortgages    made under   section 6—

Rules applying to permitted mortgages.

                        (1)          no interest shall accrue during the period for which the                              mortgagee is in possession of the land or in receipt of rent;

                        (2)        if the mortgage is in form (a) or form (b), then at the end of                         such period of possession the mortgage debt shall be extinguished;

                        (3)        the mortgagor may redeem his land at any time during the                           currency of the mortgage, on payment of the mortgage debt or, in                            the case of a mortgage in form (a) or form (b), of such proportion                                   of the mortgage debt as the Deputy Commissioner determines to be                        equitable; and

                        (4)        in the case of a usufructuary mortgage, the mortgagor shall                          not be deemed to bind himself personally to repay the mortgage-                                  money.

[41][(5)    if a mortgagor who has applied to the Deputy Commissioner under sub-section (3) proves to the satisfaction of the Deputy Commissioner that he has paidthe mortgage debt or such proportion of the mortgage debt as the Deputy Commissioner has determined to be equitable, or deposits with the Deputy Commissioner the amount of such mortgage/debt or of such proportion thereof, the redemption of the land shall be deemed to have taken place, and the Deputy Commissioner shall have power to eject the mortgagee, if in possession, and as against the mortgagee to place the mortgagor in possession.].

8.                     (1) In a mortgage made under section 6, the following conditions may be added by agreement between the parties: -

Condition in permitted mortgages.

(a)   a condition fixing the time of the agricultural year at which a mortgagor redeeming his land may resume possession thereof;

(b)   conditions limiting the right of a mortgagor or mortgagee in possession to cut, sell or mortgage trees or to do any act affecting the permanent value of the land; and

(c)   any condition which the [42][Provincial Government] by general or special order may declare to be admissible.

                        (2)        In mortgages made under section 6 any condition not permitted by or under this Act shall be null and void.

9.                     (1)        If a member of an agricultural tribe makes a mortgage of his land in any manner or form not permitted by or under this Act, the Deputy Commissioner shall have authority to revise and alter the terms of the mortgage so as to bring it into accordance with such form of mortgage permitted by or under this Act as the mortgage appears to him to be equitably entitled to claim.

Power to revise mortgage made in form not permitted.

                        (2)        If a member of an agricultural tribe has before the com­mencement of this Act made a mortgage of his land in which there is a condition intended to operate by way of conditional sale, the Deputy Commissioner shall be empowered at any time during the currency of the mortgage to put the mortgagee to his election whether he will agree to the said condition being struck out, or to accept in lieu of the said mortgage a mortgage which may be at the mortgagee’s option be either in form (a) or in form (I) as permitted by section 6 and which shall be made for such period not exceeding the period permitted by the said section and for such sum of money as, the Dep­uty Commissioner considers to be reasonable.

                        (3)        If proceedings for the enforcement of a condition intended to operate by way of conditional sale are instituted or are pending at the commencement of this Act in any Civil Court, or if a suit is in­stituted in any Civil Court on a mortgage to which sub-section (1) or sub-section (2) applies, the Court shall refer the case to the Deputy Commissioner with a view to the exercise of the power conferred by the sub-section applying thereto.

                        [43][(4)    When a mortgagee put to his election under sub-section (2) agrees to accept in lieu of his mortgage, a mortgage in form (a) or in form (b) as permitted by section 6 for the period and for the sum of money considered by the Deputy Commissioner to be reasonable, and the mortgagor cannot be found, or fails to appear when duty served with notice to do so, or refuses or neglects to exe­cute such mortgage, the Deputy Commissioner shall have authority to execute such mortgage on such terms as to costs as he may fix and the mortgage so executed shall have effect as if it had been executed by the mortgagor. The Deputy Commissioner may for any reason which he deems sufficient set aside any ex-parte proceedings taken under this sub-section .]

10.                   In any   mortgage   of  land made after  the commencement of this Act any condition which is intended to operate by way  of conditional sale shall be null and void.

Future mortgage by way of conditional sale not permitted.

 

11.                   Any member of an agricultural tribe may make a lease or farm of his land for any term not exceeding twenty years, and any lease or farm made by a member of an agricultural tribe for a longer term than twenty years shall if the lessee or farmer is not a member of the same tribe or of a tribe in the same group, be deemed to be a lease or farm for the term permitted by this section.

 

Lease and Farms.

12.                   (1)        During the currency of a mortgage made under section form  6 in form (a) or form (b) or of a lease or farm   under this Act, the owner shall be at liberty to make a further temporary alie­nation of the same land for such term as together with  the   term of the current mortgage, lease or farm will make up a term not exceeding the full term of twenty years.

                        (2)        Any   such   further temporary alienation if made for a longer  term  than is permitted by this section, shall be deemed to be a temporary alienation for the term permitted by this section.

Restriction on power to make further temporary alienation.

13.                   If a mortgagee, lessee or farmer holding possession under a
mortgage made under section 6 or under a lease or farm made under section 11 or under a mortgage, lease or farm made under section 12remains in possession after the expiry of the term for which he is entitled to hold under his mortgage, lease or farm, the Deputy Commis­sioner may, of his own motion or on the application of the person entitled to possession, eject such mortgagee,  lessee or   farmer and place the person so entitled in possession.

 

Ejectment of mortgagee, lessee or farmer remaining in possession after term.

 

General   Provisions.

14.                   Any permanent alienation which under section 3 is not to take effect as such until the sanction of a Deputy Commissioner is given thereto shall, until such sanction is given or if such sanction has been refused, take effect as a usufructuary mortgage in form (a) per­mitted by section 6 for such term not exceeding twenty years and on such conditions as the Deputy Commissioner considers to be reason­able.

Effect of permanent alienation made without sanction.

 

15.                   Every agreement whereby a member of an agricultural tribe purports to alienate or charge the produce of his land or any part of, or share in such produce for more than one year shall not take effect for more than one year from the date of the agreement unless the sanction of a Deputy Commissioner is given there to, and shall, until such sanction is given or if such sanction is refused, take effect as if it had been made for one year.

Sanction of Deputy Commissioner required to certain alienations of or charges on produce of land.

 

                        Explanation. - The produce of land means-

                        (a)   crops and other products of the earth standing or ungathered                           on the holding;
                        (b)   crops and other products of the earth which have been grown                          on the land during the past year and have been reaped or gathered.

16.                   (1)       No land belonging to a member of an agricultural tribe shall be sold in execution of any decree or order of any Civil or Revenue Court,Whether made before or after the commencement of this Act.

Execution sale of land forbidden.

 

 

                        (2)        Nothing in this-section shall affect the right of [44][any Government] to recover arrears of land-revenue, or any dues which are recoverable as arrears of land revenue, in any manner now per­mitted by law.

17.                   Notwithstanding anything in the Indian    Registration Act, 1877,[45]   or in any rule made under section 69 of that Act,—

Registration

(1)       an instrument which contravenes any provision of this Act shall not be

admitted to registration ;


(2)   an instrument which records or gives effect to any transac­tion which requires the sanction of a Deputy Commis­sioner shall not be admitted to registration until a certifi­ed copy of the order giving such sanction is produced to the officer empowered to register such instrument.

18.                   (1)        Where, by reason of any transaction which under this Act requires the sanction of a Deputy Commissioner, a person claims to have acquired a right the acquisition whereof he is bound to report under section 34 of the [46][Punjab Land Revenue Act, 1887], such person shall, in making his report, state whether the sanction required has been obtained or not, and his right so acquired shall not be entered in the record-of-rights or in any annual record until he produces such evidence of the order by which such sanction is given as may be required by any rules made under this Act.

Record- of right and annual record,

                        (2)        No right claimed by reason of any transaction or condition which is declared by this Act to be null and void shall be entered in the record-of-rights or in any annual record.

19.                   [47]Subject to the provisions of this Act, the provisions of Chapter-II of the[48][Punjab Land Revenue Act, 1887], shall in so far as they are applicable, apply to the proceedings   of   Revenue-officers under this Act.

Application of certain provisions of the[49] (Punjab land-revenue Act, 1887)

 

20.                   No legal practitioner shall  appear on behalf of any party interested in any proceeding before a Revenue-officer  under  this Act.

Appearance of legal practitioners forbidden.

 

            Explanation. -The term "Legal practitioner" includes a   mukhtar.

21.                   (1)        A Civil Court shall not have jurisdiction in any matterwhich the[50] [Provincial Government] or a Revenue-officeris empowered by this Act to dispose of.

Jurisdiction of Civil Courts excluded,


                        (2)        No Civil Court shall take cognizance of the manner in which the[51][Provincial Government] or any Revenue-officer exercise any power vested in it or in him by or under this Act.

[52][21-A                        (1)        Notwithstanding anything contained in the[53][Code of Civil Procedure]or in any other Act for the time being in force every Civil Court whichpasses a decree or order involving (1) the permanent alienation of his land by a member of an agricultural tribe or (2) the mortgage by a member of an agricultural tribe of his land when the mortgagee is not a member of the same tribe or of a tribe in the same group, shall send to the Deputy Commission­er a copy of such decree or order.

 

Civil Court to send copy of decree or order to Deputy Commissioner.

                        (2)        When it appears to the Deputy Commissioner that any Civil Court has either before or after the date when this section comes into operation, passed a decree or order contrary to any of the provisions of this Act, the Deputy Commissioner may apply for the revision of such decree or order to the Court, if any, to which an appeal would lie from such decree or order or in which an appeal could have been instituted at the time when the decree or order was passed or in any other case to the [54][High Court].And when the Court finds that such decree or order is contrary to any of the provisions of this Act it shall alter it so as to make it consistent with this Act. Such application shall be made within two months of the date upon which the Deputy Commissioner is informed of such decree or order.

Action to be taken by Deputy Commissioner when decree or order passed contrary to Act.

                        (3)        When any such Appellate Court passes an order, rejecting such application, the Deputy Commissioner may, within two months after the date upon which he is informed of such order apply to the[55][High Court] for revision thereof.
                        (4)        Every Civil Court which passes an order on any applica­tion made under this section shall forthwith send a copy thereof to the Deputy Commissioner.
                        (5)        No stamp shall be required, upon such applications, and die provisions of the [56]Code of Civil Procedure as regards appeals shall apply so far as may be the procedure of the Court on receipt of such application:

                        Provided that no appearance by or on behalf of the Deputy Commissioner shall be deemed necessary for the disposal of the application.

 

22.                   [Addition to section 77 of Act XVI of 1887] Rep  by the Repealing Act, 1938 (1 of 1938), sections 2 and Sch I.

 

23.                   The powers conferred by this Act upon a Deputy Comm­issioner may be exercised by a Revenue-officer of higher rank, or by any officer authorized by the [57][Provincial Government] in this behalf.

 

Exercise of Powers of Deputy. Commissioners.

 

24.                   The [58][Provincial Government], [59]*** may, by notifi­cation [60]in the [61][official Gazette], exempt any district or part of district or any person or class of persons from the operation of this Act or of any of the provisions thereof.

 

Exemption.

 

25.                   (1)        The[62][Provincial Government] may make rules[63][for carrying into effect the purposes of this Act

                        (2)        In particular and without prejudice to the generality of the foregoing power, the [64][Provincial Government] may make [65]rules prescribing the Revenue officers to whom applications may be made and the manner and form in which such applications shall be made and disposed of.

 

Power to make rules.

 

 

 


[1]For Statement of Objects and Reasons see Gazette of India, 1899, Pt. V, p. 135, for Rep­ort of the Select Committee see ibid., 1900 Pt. V. p. 91: and for further Report see ibid., p. 107 for Proceeding in Council, see ibid, 1899 Pt. VI, p. 216: and ibid, 1900, pp. 168. 177 and 193].

[2]Subs., for the word "Punjab" see Khyber Pakhtunkhwa Law and Justice Regu­lation, 1901 (VII of 1901) ss. 6 (1); to be construed as referring to the Districts of Bannu, Dera Ismail Khan,Hazara, Mardan, Kohat and Peshawar, see W. P. Act XVI of 1957, s. 3, Sch-I.

[3]Subs vide the Khyber Pakhtunkhwa Act. IV of 2011 dated 02-04-2011

[4]Subs., for the word "Punjab" see Khyber Pakhtunkhwa Law and Justice Regu­lation, 1901 (VII of 1901) ss. 6 (1); to be construed as referring to the Districts of Bannu, Dera Ismail Khan,Hazara, Mardan, Kohat and Peshawar, see W. P. Act XVI of 1957, s. 3, Sch-I.

[5]Subs vide the Khyber Pakhtunkhwa Act. IV of 2011 dated 02-04-2011

[6]Subs, for the word "Punjab" by G. G. O. 4 of 1949; to be construed as referring to the districts of Campbellpur, Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum, Jhang, Lahore, Lyallpur, Mianwali, Multan, Muzafargarh, Rawaipindi. Shahpur.Sheikhupura and Sialkot see W. P. Act XVI of 1957, s. 3, Sch. I.

[7]The figure "1900" omitted by G. G. O., 4 of 1949

[8]Subs, for the word subsection (2) as amended by the A. O..1937, by G. G.O. 4 of 1949 Sch.

[9]Subs, for "West Punjab" by the Federal Law. (Revision and   Declaration) Act, 1951 (XXVI of 1951), Ss. 8.

[10]Now to be construed as referring to the Districts of Campbellpur, Dera Ghazi Khan Guiranwala, Gujrat, Jhelum, Jhang. Lahore, Lyallpur, Mianwali, Montgomery, Multan, Muzaffargarh,Rawalpindi, Shahpur, Sheikhnpura and Sialkot, see W. P. Act -XVI of1957, s. 3 and Sch-I.

[11]  Now to be construed as referring to the Districts of Bannu, Dera Ismail  Khan  KohatHazara, Mardan and Peshawar see W. P. Act XVI of 1957, s. 3 and Sch-I. 

[12]Subs vide the Khyber Pakhtunkhwa Act. IV of 2011 dated 02-04-2011

[13]The word "Province" omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from 14th October, 1955). 

[14]The Act came into force on the 8th June, 1901 see Gazette of India 1901, Pt. I. p. 382. 

[15]Subs, for "Governor-General in Council" by the A O., 1937. 

[16]Subs, ibid., for "Gazette of India".

[17]Clause (1) of section 2 and the proviso repeal"' by  The Khyber PakhtunkhwaReg. I of 1904 s. 7. (i). 

[18]Rep. in the Rep. in the North-West   Frontier  Province  by  the North-West    Province Tenancy Act XXV of 1950. Tenancy Act XXV of 1950. 

[19]Repealed by the West Pakistan Land Revenue Act, 1967, (XVII of 19CT), s. S.84 and sch. 

[20]Sub-clause (aa) inserted by Reg. I of 1904, s.I (ii). 

[21]Rep. in the Rep. in The Khyber Pakhtunkhwa by  The Khyber Pakhtunkhwa Tenancy Act XXV of 1950. Tenancy Act XXV of 1950. 

[22]Rep by The Khyber Pakhtunkhwa, Tenancy Act, XXV Of 1950. 

[23]Obsolete.   The Estate has been handed over to the Khan of    Agror  by an  Executive Order

[24]The word ''and" omitted by The Khyber Pakhtunkhwa Act No. V of 1937 s.2 (i).

[25]Sub-clause (f) was added by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act I of 1907), s. 2 (2). This Act was extended to The Khyber Pakhtunkhwa under the Scheduled Districts Act, 1874, se* Gazette of India 1908, Pt. II p. 947: The Khyber Pakhtunkhwa Gazette, 1921. Pt. I-A, p. 1152, and ibid, 1922, Pt. I-A, p. 229. 

[26]Colon at the end of clause (f) replaced by semin-colon and the word "and" inserted by The Khyber Pakhtunkhwa Act V of 1937, s. 2(ii). 

[27]Added ibid, s 2. (iii)- 

[28]Subs, for sub-section (4) by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act I of 1907, s.2 (3) 

[29]Section 2-A inserted ibid, s. 3

[30]Rep by The Khyber Pakhtunkhwa, Tenancy Act, XXV Of 1950

[31]Clause (b) and the proviso to clause C. rep; by Punjab Act I of 1907- S. 4 (1). 

[32]Clause (b) and the proviso to clause C. rep; by Punjab Act I of 1907- S. 4 (1). 

[33]Subs, ibid.S. 4 (2) 

[34]Subs, ibid.S. 4 (2) 

[35]Subs, for the original section byThe Khyber Pakhtunkhwa Act VIII of 1948, s. 2

[36]To be construed as referring to the Districts of Bannu,  Dcra  Istnail Khan, Hazara, Mardan, Kohat and Peshawar; see W. P. Act No. XVI of 1957, s. 3 Sch. I.

[37]Subs vide the Khyber Pakhtunkhwa Act. IV of 2011 dated 02-04-2011

[38]Re., in The Khyber Pakhtunkhwa by The Khyber Pakhtunkhwa, Tenancy Act, XXV Of 1950

[39]Subs, for " Local Government" by the A. O., 1937.

[40]Sub-section (3) inserted by the Punjab Alienation of Land Amendment Act, 1907( Punjab Act I of  1907),s.6.

 

[41] Sub Section (5) Inserted by ibid, S.7

[42]Subs, for " Local Government" by the A. O., 1937

[43].Sub-section(4) inserted by the Punjab Alienation of Land Amendment Act, 1907( Punjab Act I of  1907),s.8.

 

[44] Subs, for " Government" by the A  O., 1937.

[45]See now the Registration Act, 1908,( XVI of 1908), Pakistan Code Vol: V.

[46]Since repealed and replaced by W. P.  Land Revenue Act, 1967 (Act XVII  of 1967).

[47]For rules to be read as added to Chap. V of rules made under Act XVII of 1887, see Punjab Gazette Extraordinary, dated 25th May, 1901, p. 4

[48]Since repealed and replaced by the W. P. Land Revenue Act, 1967 (Act XVII of 1967) 

[49]For rules to be read as added to Chap. V of rules made under Act XVII of 1887, see Punjab Gazette Extraordinary, dated 25th May, 1901, p. 4

[50]Subs, for "Local Government" by the A  O., 1937.

[51]Subs, for "Local Government" by the A  O., 1937.

[52]Section 21-A, inserted by the Punjab Alienation of Land Amendment Act, 1907 (Punjab Act I of 1907) s. 9.

[53]See now the Code of Civil Procedure, 1908 (V of 1908).

[54]Subs, for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919).

[55]Subs, for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919).

[56]See now the Code of Civil Procedure. 1908 (V of 1908).

[57]Subs,   for "Local Government" by the A. O., 1937. 

[58]Subs,   for "Local Government" by the A. O., 1937. 

[59]The words "with the previous sanction of the Governor   General in  Council"     were omitted by the Devolution Act, 1920 (XXXVIII of 1920) s) 2, and Sch). I. 

[60]For district exempted under this section, see Punjab Gazette, 1901, Pt. 1, p. 1096 ibid1902, Pt) I p) 418 and for notification exemption every area included in Cantonment or Municipality from the operation of the provisions of the Act, except s. 1., s, 2 (1), (2), (3), and (5).. ss. 4, 10, 16, and 18 (2) and ss 21 (2) and 24 see ibid 

[61]Subs., for Local Official Gazette" by the   A, O., 1937. 

[62]Subs,   for "Local Government" by the A. O., 1937. 

[63]The words "with the previous sanction of the Governor   General in  Council"     were omitted by the Devolution Act, 1920 (XXXVIII of 1920) s) 2, and Sch). I. 

[64]Subs,   for "Local Government" by the A. O., 1937. 

[65] For the rules under this section, see Punjab Gazette, .1901, Pt. 1, p. 1176; Gazette of India, 1904, Pt II,PP, 827-828 and The Khyber Pakhtunkhwa Gazette 12th November 1915, Page 970.