View Full Version : THE PUNJAB LAND REVENUE ACT, 1967------Definitions.

10-29-2012, 09:33 PM

Section: 4. Definitions. – In this Act, unless there is anything repugnant in the subject or context,–
(1) “AGRICULTURAL YEAR” means the year commencing on the first day of July, or on such other date as the Board of Revenue, with the previous approval of Government, may by notification, appoint for any specified area;
(2) “ARREARS of land-revenue” means land-revenue which remains unpaid after the date on which it becomes payable;
(3) “ASSESSMENT CIRCLE” means a group of estates which in the opinion of the Board of Revenue, to be recorded in an order in writing, are sufficiently homogeneous to admit of a common set of rates being used as a general guide in calculating the land-revenue to be assessed upon them;
(4) “BOARD OF REVENUE” means the Board of Revenue established under the [Punjab] Board of Revenue Act, 1957 (West Pakistan Act XI of 1957);
(5) “BOUNDARY MARK” means any erection, whether of earth, stone, or other material, any hedge, unploughed ridge, or strip of ground, or other object or mark, whether natural or artificial, set up, employed or specified by a Revenue Officer having authority in that behalf in order to designate the boundary of any division of land;
(6) “COMMENCEMENT” shall mean the day on which this Act or any provision thereof, as the case may be, comes into operation;
(7) “DEFAULTER” means a person liable for an arrear of land-revenue, and includes a person who is responsible as surety for payment of the arrear;
(8) “ENCUMBRANCE” means a charge upon or claim against land arising out of a private grant or contract;
(9) “ESTATE” means any area–
(i) for which a separate record-of-rights has been made; or
(ii) which has been separately assessed to land-revenue; or
(iii) which the Board of Revenue may, by general rule or special order, declare to be an estate;
(10) “HOLDING” means a share or portion of an estate held by one land-owner or jointly by two or more land-owners;
[(10-A) “IRRIGATED LAND” means land irrigated by a canal, tubewell, well, lift, spring, tank or by any other artificial means of irrigation];
(11) “KANUNGO” shall be deemed to include a supervising Tapedar;
(12) “LAND-LORD” means a person under whom a tenant holds land, and to whom the tenant is, or but for a special contract, would be liable to pay rent for that land, and shall include a lessee of such person, and the predecessors and successors-in-interest of such person;
(13) “LAND-OWNER” includes a person to whom a holding has been transferred, or an estate or holding has been let in farm, under this Act, for the recovery of an arrear of land-revenue or of a sum recoverable as such an arrear and any other person who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate, but does not include a tenant;
(14) “LAND-REVENUE” means land-revenue assessed or assessable under this Act, or under any other law for the time being in force relating to land-revenue, and includes any rates imposed on account of increase in the value of land due to irrigation.
(15) “LEGAL PRACTITIONER” means any legal practitioner within the meaning of the Legal Practitioners Act, 1879 (Act XVIII of 1879), except a Mukhtar;
(16) “NET ASSETS” of an estate or group of estates means the estimated average annual surplus produce of such estate or group of estates remaining after deduction of the ordinary expenses of cultivation as ascertained or estimated.
Explanation– Ordinary expenses of cultivation include payments, if any, which the land-owner customarily bears, whether in kind or in cash, and in whole or in part whether in respect of–
(a) water rates,
(b) maintenance of means of irrigation,
(c) maintenance of embankments,
(d) supply of seed,
(e) supply of manure,
(f) improved implements of husbandry,
(g) concessions with regard to fodder,
(h) special abatements made for fallow or bad harvest,
(i) cost of collection of rent,
(j) allowance for shortage in collection of rent,
(k) interest charges payable in respect of advances made in cash, free of interest, to tenants for the purpose of cultivation,
(l) wages or customary dues paid to village auxiliaries whose products or labour are utilized for the purposes of cultivation and harvesting;
and the share that would be retainable by a tenant if the land were let to a tenant paying rent, whether in cash or in kind, at the normal rate actually prevalent in the estate or group of estates;
(17) “PATWARI” shall be deemed to include a Tapedar and a Special or Additional Tapedar;
(18) “PAY” with its grammatical variations and cognate expressions, includes, when used with reference to rent, “deliver” and “render”, with their grammatical variations and cognate expressions;
(19) “PRESCRIBED” means prescribed by rules made under this Act;
(20) “RATES AND CESSES” means rates and cesses which are primarily payable by land-owners, and include–
(a) the local rate, if any, payable under any law for the time being in force, and any fee similarly leviable from land-owners for the use of, or benefits derived from, embankments and works for supply or storage of water for agricultural purposes and for the preservation and reclamation of soil and drainage and reclamation of swamps;
(b) any annual rate chargeable on owners of land under any law for the time being in force for the benefits derived from drainage works carried on for the public health, or for the improvement of land or for the proper cultivation or irrigation thereof, or for the protection from floods or other accumulations of water, or from erosion by a river;
(c) village officers’ cess; and
(d) any sum payable on account of village expenses;
(21) “RENT” means whatever is payable to a land-lord in money or kind by a tenant on account of the use or occupation of land held by him, but shall not include any cess, or other contribution or due or any free personal service;
(22) “REVENUE COURT” means a Court constituted as such under the law relating to tenancy as in force for the time being;
(23) “REVENUE OFFICER” means a Revenue Officer having authority under this Act to discharge the function of a Revenue Officer;
[(23-A) “SERVICE CENTRE” means the Computerized Service Centre established by the Board of Revenue;
(23-B) “SERVICE CENTRE OFFICIAL” means a person appointed as the Service Centre Official;]
(24) “SURVEY MARK” means any mark set up by the Department of Survey of Pakistan;
(25) “SURVEY NUMBER” or “KHASRA NUMBER” means a portion of land of which the area is separately entered under an indicative number in the record-of-rights;
(26) “TENANT” means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person, and includes the predecessors and successors-in-interest of such person, but does not include–
(a) a mortgagee of the rights of a land-owner; or
(b) a person to whom a holding has been transferred, or an estate or holding has been let in farm, under the provisions of this Act, for the recovery of an arrear of land-revenue or of a sum recoverable as such an arrear; or
(c) a person who takes from Government a lease of unoccupied land for the purpose of subletting it;
(27) “TENANCY” means a parcel of land held by a tenant under one lease or one set of conditions;
[(27-A) “UNIRRIGATED LAND” means land other than irrigated land, and includes land fed by rains, floods, hill torrents, and uncultivable or waste land;]
(28) “VILLAGE OFFICER” means any person appointed under this Act whose duty it is to collect, or to supervise the collection of, the revenue of an estate, and includes Kanungos, Patawris, [Service Centre Officials,] Zabits, Kotars or Tapedars, Peons, Arbabs, Rais and headmen (Lambardars).