Agricultural Holdings Ordinance

THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE, 1961   The West Pakistan Consolidation of Holdings Ordinance, 1961, is a significant piece of legislation in Pakistan that deals with the consolidation and reorganization of land holdings in rural areas. Enacted in 1961, this ordinance provides a legal framework for the consolidation of agricultural land holdings, with the aim of improving land use, agricultural productivity, and land records management. In this introduction, we will explore the historical context, key objectives, and legal significance of this ordinance.   Ordinance No. VI of 1960 Contents. CHAPTER – I PRELIMINARY Preamble. Sections. 1.         Short title, extent and commencement. 2.         Definitions. CHAPTER – II CONSOLIDATION OF HOLDINGS Who may move for consolidation of holdings. 4.         When an application for consolidation of holdings shall be deemed to be on behalf of all the land-owners. 5.         Application by some of the owners and its effect. 6.         Transfer of rights of land-owners in holdings and of tenant in tenancies. 7.         When application may be rejected. 8.         Admission of application . 9.         Preparation of scheme for consolidation of holdings and appointment of Advisory committee. 10.       Publication of scheme, settlement of objections there to and its confirmation. 11.       Appeals. 12.       Payment of compensation. 13.       Powers to call for and examine records. 14.       No appeal except as provided by this Ordinance.   Sections 15.       Procedure on confirmation. 16.       Rights of land-owners and tenants after consolidation same as before. 17.       Transfer of incumbrance to new allotments. 18.       Right of land owners, tenants and persons affected in newly allotted holdings and tenement. 18-A    Summary ejectment. 19.       Revenue Officer to prevent encroachment upon way or path shown in new records. CHAPTER – III SUPPLEMENTAL Cost of consolidation proceedings. 21.       Recovery of compensation or cost as arrears of land revenue. 22.       No instrument necessary to effect transfer. 23.       Abeyance of partition proceedings during consolidation proceedings. 24.       Transfer of property during consolidation proceedings. 25.       Killabandi to be the basis. 26.       Jurisdiction of Civil Court barred as regards matters arising under this Ordinance. 27.       Public servants indemnified for acts done under this Ordinance. 28.       The Ordinance not to affect the validity of consolidation of holdings by Co-operative Societies duly registered. 29.       Power to make rules. 30.       Repeal.         THE WEST PAKISTAN CONSOLIDATION OF HOLDINGS ORDINANCE, 1961. (W. P. Ordinance No. VI of 1960) [10th March, 1960] AN ORDINANCE To consolidate and amend the law relating to consolidation of holdings in the Province of West Pakistan. WHEREAS it is expedient to consolidate and amend the law relating to consolidation of holdings in the Province of West Pakistan.  Preamble. NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-   CHAPTER  – I PRELIMINARY 1.   (1)   This Ordinance may be called the West Pakistan Consolidation of Holdings Ordinance, 1959. Short title extent and commencement. 1[(2)  It extends to the whole of the 2[North-West Frontier Province] expect the Tribal Areas.]   (3)   It shall come into forec3 in such area or areas and from such date or dates as Government may, by notification in the Official Gazette, specify.   2.     In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings here by respectively assigned to them, that is to say – Definitions. “arrears of land-revenue” means land-revenue which remains unpaid after the date on which it becomes payable; Subs. by W.P. Ord. VII of 1964. 2.     in sub-section (2) of section-1 the words “Province of West Pakistan” the words “North-West Frontier Province” subs, by NWFP. Adapt of Laws Order 197. The Ordinance was brought in force in Dear Ismail Khan, Bannu, Kohat Mianwail, Peshawar, Mardan, Hazara Attock, Rawalpindi, Gujrat, Muzaffargary, Jhelum, Shahpur, Lahore, Gujranwala, Sialkot, Sheikhupura, Jhang Lyallpur, Montgomery, Multhan and Der Ghaiz Khau Districts with effect from 11th April, 1961, see Gazette of West Pakistan, 1960. Exrraordinary, P. 1691. “Board of Revenue” means the Board of Revenue constituted under the West Pakistan Board of Revenue Act, 1957; “Collector” means the chief officer in charge of the revenue administration of a district and shall include a Deputy Commissioner and any other officer specially empowered by the Board of Revenue to perform the functions of a Collector; “Commissioner” means the chief officer in charge of the revenue administration of division and includes and Additional Commissioner, and any other officer specially empowered by the Board of Revenue to perform the functions of Commissioner under this Ordinance: “Consolidation Officer” means an officer appointed by the Board of Revenue or by any other officer specially empowered by the Board of Revenue in this behalf, to perform all or any of the functions of a Consolidation Officer under this Ordinance; “Consolidation of holdings” means the re-distribution of all or any of the lands in a estate or sub-division of an estate so as to reduce the number of plots; “Estate” means any area – (i)         For which a separate record-of-rights has been made; or Which has been separately assessed to land-revenue, or would have been so assessed if the land-revenue had not been released, compounded for or redeemed; or Which the Board of revenue may, by general rule or special order, declare to be an estate; “Government” means the Government of 1[North-West Frontier Province]. “Holding” means a share or portion of an estate held by one land-owner or jointly by two or more landowners;   In clause (h) for the words “West Pakistan” the words “North-West Forntier Province subs. by NWFP., Adaptation of Laws Order, 1975.       “land-owner” does not include a tenant, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm, for the recovery of arrears of land-revenue or of a sum recoverable as such arrears, and every other person not hereinbefore mentioned