(W.P. Act XI of 1957)
[28 February 1957]
Preamble.— WHEREAS it is expedient to provide for the
constitution of a Board of Revenue for [4][4][the Punjab]:
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called [5][5][the Punjab] Board of Revenue Act, 1957.
(3) It shall be deemed to have come into
force on and from the 14th day of October, 1955.
2. Definitions.— Unless there is anything repugnant in the
subject or context—
(i) “Board” means the Board of Revenue established
under this Act;
(iii) “Member”
means a member of the Board of Revenue established under this Act.
3. Constitution
of a Board of Revenue.— (1) There shall be a Board of Revenue for [9][9][the Punjab] which shall consist of such Members as may
be appointed by the Government from time to time.
(2) The Government may, whenever considered
necessary or expedient, appoint or remove a Member.
4. Superintendence and control of Revenue
Officers and Revenue Courts.—
(1) Notwithstanding anything to the contrary contained in any other law for the
time being in force, but subject to the provisions of sub-section (2), and to
any orders of the Government with respect to the appointments and conditions of
service of Revenue Officers, the general superintendence and control over all
Revenue Officers and Revenue Courts in West Pakistan[10][10] shall vest in, and all such officers, in so
far as their functions as Revenue Officers are concerned, shall be subordinate
to the Board.
(2) The Board shall be subject to the
control of the Government, and in all matters, other than those in which the
Board exercises appellate and revisional jurisdiction, the Government shall
have power to issue such directions to the Board as may be considered necessary
or expedient and the Board shall carry out those directions.
5. Powers of the Board.— (1) The Board shall be the controlling
authority in all matters connected with the administration of land, collection
of land revenue, preparation of land records and other matters relating
thereto.
(2) The Board shall be the highest court of
appeal and revision in revenue cases in the Province.
(3) All proceedings relating to any of the
matters referred to in sub-sections (1) and (2) which immediately before the
date of coming into force of this Act, were pending before the final appellate
or revisional authority of any Province, State or other territory or area which
has been included in the Province of West Pakistan[11][11], shall stand transferred to the Board.
6. Conduct
of business.— (1) Subject to the approval of the Government, the Board may distribute
its business amongst its members and may, by rules, regulate the procedure of
all proceedings before it.
(2) Any order made or a decree passed by a
Member shall be deemed to be the order or decree of the Board.
(3) Where in a case which the Members of the
Board are required to dispose of collectively, in accordance with the rules
framed under this Act, there is a difference of opinion amongst the Members as
to the decision to be given on any point—
(a) it
shall be decided according to the opinion of the majority of Members if there
is such a majority; and
(b) if the Members are equally divided, the
Members shall state the point on which they differ and the case shall then be
heard, on that point, collectively by those Members who heard it and by another
Member, and if there is no such Member, by an additional Member to be appointed
by the Government for the purpose of that case, and then the point on which there
is the difference of opinion shall be decided according to the opinion of the
majority of all such Members.
7. Revision of orders by the Board.— (1) Any order made or a decree passed by a
Member either on appeal or in revision shall, subject to any order made or
decree passed under the provisions of sub-sections (2) and (3) of this section
and of section 8, be final.
(2) Any
person considering himself aggrieved by an order made or a decree passed by a
Member, in such class of cases as may be specified in the rules framed under
section 9 of this Act, may apply to the Board for revision of such order or
decree, and if the Full Board considers that there are sufficient reasons for
doing so, it may revise that order or decree and pass such further order as it
may think fit after hearing the applicant:
Provided
that no revision shall lie to the Full Board against an order made or a decree
passed by a Member in exercise of the revisional jurisdiction.
Explanation— “Full Board” shall mean two or more Members
of the Board, as may be determined by the rules.
(3) Every application under sub-section (2)
for revision of an order or decree shall be made within a period of ninety days
from the date of that order or decree.
8. Review of
orders by the Board.— (1) Any person considering himself aggrieved by a decree
passed or order made by the Board and who, from the discovery of new and
important matter or evidence which, after the exercise of due diligence, was
not within his knowledge or could not be produced by him at the time when the
decree was passed or the order was made , or on account of some mistake or
error apparent on the face of the record [12][12][or for any other sufficient reason] desires to
obtain a review of the decree passed or order made against him, may apply to
the Board for a review of judgment and the Board may, after giving notice to
the parties affected thereby and after hearing them, pass such decree or order
as the circumstances of the case require.
(2) Every application for a review of a
decree or order under sub-section (1) shall be made within ninety days from the
date of that decree or order.
9. Power to make rules.— (1) The Board may, subject to the prior
approval of the Government, make rules for the purpose of carrying into effect
the provisions of this Act.
(2) Without prejudice to the generality of
the power conferred by sub-section (1), the Board may make rules for all or any
of the following purposes, namely:-
(i) the procedure to be followed in any proceedings taken before a
Revenue officer or Court;
(ii) to prescribe the forms, manner and subject in, or on which any
returns or information about any cases or class of cases or proceedings or
other matters shall be submitted by a Revenue Officer or Court to the Board or
to any other authority;
(iii) to prescribe the authorities or the officers by whom any particular
cases or class of cases generally, or with respect to any particular locality,
shall be dealt with;
(iv) to provide for the territorial and pecuniary limits of jurisdiction
of the various Revenue Courts; and
(v) to specify the class of cases in which a revision under sub-section
(2) of section 7 shall lie to the Board.
10. Savings and validation.— (1) Notwithstanding the expiry of the West
Pakistan (Board of Revenue) Ordinance, 1955, everything done, action taken,
obligation, liability, penalty, or punishment incurred, inquiry or proceedings
commenced, Member appointed or person authorized, jurisdiction or power
conferred, rules made and order issued under any of the provisions of the said
Ordinance shall be continued, and, so far as may be, be deemed to have been
respectively done, taken, incurred, commenced, appointed, authorized,
conferred, made or issued under this Act.
(2) Everything
done, action taken, obligation, liability or penalty incurred, inquiry or
proceedings commenced, Member appointed or person authorized, jurisdiction or
power conferred, rules made and order issued after the date of expiry of the
West Pakistan (Board of Revenue) Ordinance 1955, and before the 15th day of
August, 1956, which could have been done, taken, incurred, commenced,
appointed, authorized, conferred, made or issued under the said Ordinance if it
had been in force during the said period shall be continued and, so far as may
be, be deemed to have been respectively done, taken, incurred, commenced,
appointed, authorized, conferred, made or issued under this Act.
11. Repeal of West Pakistan Ordinance XII of 1956
and continuance of action taken thereunder.— (1) The West Pakistan Board of Revenue Ordinance, 1956[13][13], is hereby repealed.
(2) Notwithstanding
the repeal of the West Pakistan Board of Revenue Ordinance, 1956[14][14], or any judgment, decree or order of any Court,
Tribunal or other Authority, everything done, action taken, obligation,
liability or penalty incurred inquiry or proceedings commenced, Member
appointed or person authorized, jurisdiction or power conferred, rules made and
order issued under any of the provisions of the said Ordinance, shall be
continued and, so far as may be, be deemed to have been respectively done,
taken, incurred, commenced, appointed, authorized, conferred, made or issued
under this Act.
[1][1]This Act was passed by the
West Pakistan Assembly on 6th Feb., 1957; assented to by the Governor of West
Pakistan on 23rd Feb., 1957; and, published in the West Pakistan Gazette
(Extraordinary), dated 28th Feb., 1957, pages 363-67.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “West Pakistan”.
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “West Pakistan”.
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