Friday, October 25, 2013

WEST PAKISTAN LAND REVENUE RULES, 1968 (As amended upto date) (April 2010 ) Part 2

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[WEST PAKISTAN] LAND REVENUE RULES, 1968

(Prescribed vide Board of Revenue, West Pakistan’s notification No.377/68-219-U (I), dated
25
th
 June, 1968, published in the Gazette of West Pakistan, Extraordinary,  July 13, 1968, as
amended)
_____________
With reference to the Board of Revenue, West Pakistan Notification No.82/68-
43-U (I), dated the 4
th
 March, 1968, published in the extraordinary issue of the “Gazette of
West Pakistan”, dated the 12
th
 March, 1968, and in supersession of all existing rules on the
subject, the Board of Revenue, in exercise of the powers conferred upon it by sections
4(9)(iii), 20, 36, 37(2), 38(2), 39(2), 41, 42, 43, 55, 77, 113, 121, 122(2), 129(1), 133, 148,
170, 177 and 182 of the
**
[West Pakistan] Land Revenue Act, 1967 (West Pakistan Act XVII
of 1967), and with the prior approval of Government and in the case of rules under section
170 of the said Act, with the concurrence of the High Court, is pleased to make the following
rules: -
PART I – PRELIMINARY
1. Short title and commencement. - (1) These rules may be called the
[West
Pakistan] Land Revenue Rules, 1968.
(2) They shall come into force at once.
2. Definitions.- In these Rules, unless there is anything repugnant in the subject or
context-
(a) “Act” means the
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[West Pakistan] Land Revenue Act, 1967 ;
(b) “form” means a form appended to these rules ;
(c) “Section” means a section of the Act; and
(d) “Union Committee”, “Town Committee” and “Union Council” shall have the
meanings respectively assigned to them under the
*****
[Basic Democracies
Order, 1959 (P.O. No.18 of 1959)].
PART II – PROCEDURE OF REVENUE OFFICERS
3. Statements and pleadings to be brief.- The statements and pleadings made by or on
behalf of parties to any proceedings before a Revenue Officer whether oral or written shall be
as brief as the nature of the case admits; and shall not be argumentative, but shall be confined
as much as possible to a simple and concise narrative of the facts which the party by whom or
                                             

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 In accordance with the provisions of clause (6), read with clause (7), of Article 268 of the Constitution of the Islamic
Republic of Pakistan, 1973, in the application of the West Pakistan Land Revenue Rules, 1968, to the Province of the
Punjab, the words “West Pakistan” are to be construed as “Punjab”.
**
 By the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), the words “West Pakistan” occurring in the long title
and preamble of West Pakistan Land Revenue Act, 1967, were substituted by the words “The Punjab”
***
 In accordance with the provisions of clause (6), read with clause (7), of Article 268 of the Constitution of the Islamic
Republic of Pakistan, 1973, in the application of the West Pakistan Land Revenue Rules, 1968, to the Province of the
Punjab, the words “West Pakistan” are to be construed as “Punjab”.
****
 By the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), the words “West Pakistan” occurring in the long
title and preamble of West Pakistan Land Revenue Act, 1967, were substituted by the words “The Punjab”
*****
 The Basic Democracies Order, 1959 in so far as applicable to the Province of the Punjab was repealed by the Punjab
Local Government Act, 1975 (XXXIV of 1975) which was succeeded by the Punjab Local Government Ordinance, 1979 (VI
of 1979) and said Ordinance of 1979 was repealed and replaced by the Punjab Local Government Ordinance, 2001 (XIII of 2001).



on whose behalf the statement or pleading is made believes to be material to the case and
which he either admits or believes that he will be able to prove.
4. Verification of applications, etc.- Every written application or statement filed by a
party to a proceeding before a Revenue Officer shall be drawn up and verified in the manner
provided by the Civil Procedure Code for written statements in suits.
5. Proceedings not to abate on death or marriage of party.- The death of one of the
parties to a proceedings before a Revenue Officer or, in a proceeding to which a female is a
party, her marriage, shall not cause the proceeding to abate; and the Revenue Officer before
whom the proceeding is held shall have power to make the successor-in-interest of the
deceased person or the married female, a party thereto.
6. In fixing dates, etc. Revenue Officer to follow procedure of Revenue Court.- In
fixing dates for the hearing of parties and their witnesses, in adjourning proceedings, and in
dismissing applications for default, or for other sufficient reason, a Revenue Officer, shall, so
far as the nature of the case may require or permit, be guided generally by the principles laid
down in the Civil Procedure Code, 1908 (Act V of 1908).

22
[6-A. Remand of cases.-  (a) In an appeal under section 161, or in a revision under
section 164 against the final order of a Revenue Officer in a case, no Appellate or Revisional
authority other than the Board of Revenue shall have the power to remand the case;
(b) subject to clause (a), the Appellate or the Revisional Authority, as the case may
be, shall finally determine the case notwithstanding that the impugned order proceeds upon a
ground other than that on which the Appellate or Revisional Authority proceeds;
(c) where the impugned order has omitted to decide a question of fact which appears
to the Appellate or the Revisional Authority, as the case may be, to be essential for the
correct decision of the case, the said Authority may direct the Revenue Officer who passed
the impugned order to return a finding thereon, after recording additional evidence, if
necessary. The Appellate or the Revisional Authority, as the case may be, shall after
considering any objections which may be preferred against such finding by a party within a
time to be fixed by the said Authority, proceed to decide the case;
(d) the Appellate or the Revisional Authority may, for reasons to be recorded in
writing, allow additional evidence to be produced and take such evidence either itself or
direct the Revenue Officer who passed the impugned order or any other subordinate Revenue
Officer to take such evidence and send the same to it.]
7. Commissions - Act V of 1908.-
23[(1)] The provisions of sections 75 to 78 of the
Civil Procedure Code and of Order XXVI, in Schedule I, annexed to the said Code in respect
of Commissions shall apply to proceedings before a Revenue Officer.
24 [(2) If for any reason it is not possible for a female heir to appear before the
Revenue Officer, he may either himself record her statement at her residence or issue a
Commission to do so:
Provided that the Commission, if issued, may preferably comprise a lady member of
the Provincial Assembly or the National Assembly or a lady member of the Local Council
concerned or any other lady carrying a social / official status.]
                                             

22Added by Board of Revenue Punjab’s notification No. 689-89/2168-LR-II dated 12
 Renumber (1) by Board of Revenue, Punjab’s notification No.1396-90/1171/LR-I dated 14
the September, 1989.
th June, 1990  published in the
Gazette of Punjab, Extraordinary, June 14, 1990.
24 Added ibid.



8. Expenses of witnesses.- (1) A Revenue Officer may award to a witness, attending
his Court or office a sum on account of his expenses, not exceeding the amount admissible to
him in civil suits under the Rules and Orders of the High Court.
(2) The sum so awarded shall be the costs in the proceedings.
9. Record of mutation proceedings.-
25
[(1)] In proceedings under sub section (6) of
section 42, a record of the statements of parties and witnesses shall be made by the Revenue
Officer with his own hand, and his order shall state briefly the persons examined by him, the
facts to which they deposed and the grounds of the order.
Explanation.- Where the acquisition of the right is by a registered deed or by or under
the order or decree of a Court it shall not be necessary to record the statements of the parties
and witnesses or to enforce their attendance.
26
[(2) In case of mutation of inheritance the following procedure shall also be
followed by the Revenue Officer –
(a) The Revenue Officer shall record the statements of at least two respectable
persons preferably of Lambardars or members of the Local Council concerned in respect of
the legal heirs of the deceased and shall also obtain their signatures / thumb impressions on
the Register of Mutation ;
(b) The inheritance shall, in the first instance, be sanctioned in favour of all legal heirs
including females ;
(c) Where the property devolves through an un-disputed “will” it shall be dealt with in
accordance with the law of Succession by inheritance for the time being in force governing
the parties concerned ;
(d) The order of the Revenue Officer shall indicate that the deceased was a Muslim
following Hanfi or Shia Fiqah or was a non-Muslim ; and
(e) No mutation of gift or relinquishment of a right in respect of property inherited by
a female heir shall be attested until the expiry of 40 days of the death of the propositus.]
10. Record of other proceedings under the Act.- In other proceedings under the Act,
not being proceedings under section 141, the Revenue Officer shall make, with his own hand,
a brief memorandum of the statements of parties and witnesses at the time when each
statement is made.
11. Contents of orders.- In every proceeding in which an order is passed on merits
after inquiry, the Revenue Officer making the order shall also record a brief statement of the
reasons on which it is founded.
12. Apportionment and recovery of costs.- (1) In proceedings in which costs have
been incurred, the final order shall apportion the costs between the parties to the proceedings.
(2) Costs thus apportioned shall be recoverable by the Revenue Officer by attachment
and sale of the movable property of the person liable for the same in the manner prescribed in
section 83.
13. Execution of orders of ejectment, etc.- (1) Orders of ejectment from, and delivery
of possession of immovable property, shall be enforced in the manner provided in the Code
                                             

25 Renumbered (1) by Board of Revenue, Punjab’s notification No.1396-90/1171/LR-I dated 14
the June, 1990, published in
the Gazette of Punjab, Extraordinary, June 14, 1990.
26 Added ibid. 

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