Special and local Law nites by shujauldin kamboh in gcuf SLL.pptx

Land Law

1. Special & local law Presentation by: Name: SHUJA-UL-DIN Roll #: 9963 Semester: 6 th , B Programe : LL.B (Hons)

2. topics Definition (in Section 4 of Ch 1) Divisions & Districts (Ch 2) Appointments & Power of Revenue Officers (Ch 3)

3. Definitions Agricultural Year: Means the year commencing on the first day of July. To determine time period between tenant and Landlord. 1 st July to 30 June Arazi Record Centre: As defined in the Punjab Land Records Authority Act 2017. It is an institute where all the documents related to land are kept in modern computerized format.

4. Definitions Assessment Circle: Homogenous Group of estates To admit the common rate Being used as a general guide in calculating the land-revenue Board of Revenue: Established under the Punjab Board of Revenue Act, 1957 Highest Authority in Revenue department

5. Definitions Boundary Mark: 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 the Revenue Officer Arrears of Land Revenue: Means land revenue which remains unpaid after the date on which it becomes Payable.

6. Definitions Defaulter: Person liable for Arrear of land revenue. Also a person responsible for surety. Encumbrance: Means a charge upon or claim against land. Holding: Means a share or portion of an estate held by one land-owner or jointly by two or more land-owners.

7. Definitions Estate: means any area… for which a separate record-of-rights has been made which has been separately assessed to land-revenue; which the BOR may, by general rule or special order, declare to be an estate; Irrigated Land: means land irrigated by a canal, tube-well, well, lift, spring, tank or by any other artificial means of irrigation. Unirrigated Land: means land other than irrigated land, and includes land fed by rains, floods, hill torrents, and uncultivable or waste land

8. Definitions Kanungo: It shall be deemed to include a supervising Tapedar . Land-Lord: 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. Land-Owner: A person to whom a holding has been transferred, 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 includea tenant;

9. Definitions Land-revenue: means revenue assessed or assessable on land under this Act, or under any other law for the time being in force and includes any rates imposed on account of increase in the value of land due to irrigation. 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 ,

10. Definitions Net Assets: Means the estimated average annual surplus produce of such estate or group of estates Remaining after deduction of the ordinary expenses Ordinary expenses of cultivation include payments such as, water rates, (g) maintenance of means of irrigation, maintenance of embankments, (h) supply of seed, supply of manure, ( i ) improved implements of husbandry, concessions with regard to fodder, (j) special abatements made for harvest, cost of collection of rent, (k) allowance for shortage in collection of rent, interest charges (l) wages or customary dues

11. Definitions Rates and Cesses : the local rate, if any, payable under any law for the time being in force, and any fee similarly leviable from land-owners any annual rate chargeable on owners of land under any law for the time being in force village officers’ cess ; any sum payable on account of village expenses;

12. DIVISIONS & DISTRICTS The federation of Pakistan divided in Provinces and Administrative territories, which are also delt same as province. The Provinces are four… Administrative territories are two… (1) Punjab (1) Azad Kashmir (2) KPK (2) Gilgit Baltistan (3) Sindh (4) Baluchistan

13. Province into Divisions and Districts. The Punjab Land Revenue Act, 1967 Section 5: The Government may, by notification, create Divisions in the Province. A Division shall consist of two or more Districts as may be specified by the Government. Section 6: The Government may, by notification, divide a District into Sub-Divisions or Tehsils.

14. DIVISIONS & DISTRICTS

15. Division is headed by commissioner. District is headed by deputy commissioner. Tahsil is headed by assistant commissioner.

16. Divisions Province No of Divisions Punjab 11 KPK 07 Sindh 07 Baluchistan 08 Azad Kashmir 03 Gilgit Baltistan 03 Total Divisions 39

17. An Example of a division Faisalabad is one of the eleven divisions in the province of Punjab. Faisalabad division is divided into 4 districts which are… Faisalabad Jhang Chiniot Toba Tek Singh Similarly these division are sub-divided into Districts. These 4 districts are further divided into total 17 Tehsils.

18. APPOINTMENT & POWERS OF REVENUE OFFICERS 7- Classes of Revenue Officers: Board of Revenue Commissioner Additional Commissioner (Revenue) Additional Commissioner (General) Collector Assistant Commissioner Assistant Collector of the first grade; and Assistant Collector of the second grade.

19. APPOINTMENT & POWERS OF REVENUE OFFICERS 8- Appointment of Commissioners and Collectors: The Government shall appoint a Commissioner of a Division and a Collector of a District. 9- Additional Commissioners and Additional Collectors: The Government may appoint an Additional Commissioner of a Division. who shall, subject to the general control of the Commissioner, exercise any of the powers and discharge any of the duties conferred or imposed on the Commissioner. The Government may appoint an Additional Collector of a District, who shall, subject to the general control of the Collector, exercise any of the powers and discharge any of the duties conferred or imposed on the Collector.

20. APPOINTMENT & POWERS OF REVENUE OFFICERS 10- Assistant Commissioners and Assistant Collectors: The Government may appoint ----- in a District Assistant Commissioners and Assistant Collectors of the first and second grade. The Government may confer any of the powers of the Collector on an Assistant Collector of the first grade under sub-section (1) of section 16. In case any of the powers of a Collector are conferred on an Assistant Commissioner or an Assistant Collector, he shall exercise such powers subject to the control of the Collector of the District.

21. APPOINTMENT & POWERS OF REVENUE OFFICERS 11- Tehsildars: The chief officer entrusted with the local revenue administration of a Tehsil shall becalled the Tehsildar. A Tehsildar shall exercise such powers and discharge such duties of any Assistant Collector as maybe conferred by or under this Act. 12- Certain appointments to be notified: The appointment of all officers under this Chapter shall be by notification.

22. APPOINTMENT & POWERS OF REVENUE OFFICERS 13- Superintendence and control of Revenue Officers: The Board of Revenue shall be subject to the control of Government. The general superintendence and control over all other Revenue Officers shall be vested in, and all such Officers shall be subordinate to, the Board of Revenue. Subject to the general control of the Board of Revenue, a Commissioner shall control all other Revenue Officers in the Division. Subject to the general control of the Board of Revenue and the Commissioner, the Collector of the District shall exercise control over the Revenue Officers in the District.

23. APPOINTMENT & POWERS OF REVENUE OFFICERS 14- Power to distribute business and withdraw and transfer cases: The Board of Revenue may ----- distribute any business or withdraw any case pending before any such Officer.

24. APPOINTMENT & POWERS OF REVENUE OFFICERS 15- Combination of offices: It shall be lawful for Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter.

25. APPOINTMENT & POWERS OF REVENUE OFFICERS 16. Conferment of powers of Revenue Officers: Government ----- confer on any person ----- powers of Commissioner or Collector The Board of Revenue ----- confer on any person ----- powers of an Assistant Collector on whom powers are conferred under this section shall exercise those powers within such local limits and in such classes of cases as Government or the Board of Revenue, as the case may be, may direct and except as otherwise so directed, such person shall, for all purposes connected with the exercise thereof, be deemed to be the Commissioner, Collector or Assistant Collector, as the case may be.

26. APPOINTMENT & POWERS OF REVENUE OFFICERS 17- Functions of Revenue Officers: Except where the class of Revenue Officers by whom any function is to be performed is specified in this Act, the Board of Revenue may, by notification, determine the functions to be performed under this Act by any class of Revenue Officers. 18- Retention of powers by Revenue Officers on transfer: When a Revenue Officer of any class who has, under the provisions of this Act, any powers to be exercised in any local area, is transferred from that local area to another as a Revenue Officer of the same or a higher class, he shall continue to exercise those powers in that other local area unless Government or the Board of Revenue, as the case may be, otherwise directs or has directed.