( LVIII of
1959)
[17th
December, 1959]
An
Ordinance
to regulate the
cultivation of rice in the province of [3][ the Punjab ].
Preamble. — WHEREAS in order to check the increase of waterlogging, salinity, seepage
and the resultant damage to land in the Province of [4][the
Punjab], it is expedient to regulate the cultivation of rice in the Province in
the manner hereinafter appearing;
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day
of
October, 1958, and in exercise of all powers enabling him in
that behalf, the Governor of West Pakistan is pleased to make and promulgate
the following Ordinance:-
1.
Short title,
extent and commencement. — (1) This Ordinance may be called the
5[ Punjab] Rice
(Restriction on Cultivation) Ordinance,
1959.
(3) [7][*
* * * * * * * * * * * ]
2.
Definitions.
— In this Ordinance—
(i)
“Board of Revenue” means the [8][Board
of Revenue, Punjab], as established under the 10[
Punjab Board of Revenue Act, 1957];
(ii)
“Government” means the 11[
Provincial Government of the Punjab. ]
3.
Powers to
regulate cultivation of rice.— [9][(1)]
The Board of Revenue may, by notification, prohibit or impose such restrictions
on the cultivation of rice in such area as may be specified in the
notification:
Provided that a
cultivator shall be entitled to gather the standing crop raised by him before
the issue of such notification.
[10][(2)
The Board of Revenue or any officer authorised by it in this behalf may, in the
interest of operations for reclamation of land, relax, in respect of any
specified area, estate or holding, the prohibition or all or any of the
restrictions imposed on cultivation of rice under subsection (1), for a period
not exceeding three years.
Explanation— For the purposes of this
section the expressions “estate” and “holding” shall have the meaning
respectively assigned to them in the [11]West
Pakistan Land Revenue Act, 1967.]
4.
Penalty.—
Whoever contravenes the provisions of this Ordinance or the rules made or
directions issued thereunder shall, on a complaint made in writing by any
Revenue Officer, be punished with fine which may extend to ten times the land
revenue assessment chargeable for the crop or simple imprisonment not exceeding
six months or both.
5.
Jurisdiction
of civil court.— No civil court shall have jurisdiction to entertain any
claim, suit, prosecution or any other legal proceedings for anything done, or
intended to be done in good faith under the provisions of this Ordinance, or
the rules made and directions issued thereunder.
6.
Power to
make rules.— For the purposes of carrying into effect the provisions of
this Ordinance, the Board of Revenue may frame rules and issue such directions
in the form of Standing Orders as it may deem fit.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 16th Dec., 1959; published in
the West Pakistan Gazette (Extraordinary), dated 17th Dec., 1959, pages
1895-96; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962).
[2] Substituted by the Punjab
Laws (Adaptation0 Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[5] Substituted by the West
Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).
[6] Substituted by the Punjab
Laws (Adaptation0 Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[7] Deleted by the West
Pakistan Ordinance Rice (Restriction on Cultivation) (Amendment) Ordinance, 1969
(X of 1969).
[8] Substituted by the Punjab
Laws (Adaptation0 Order, 1974 (Pb. A.O. 1 of 1974), for “Board of Revenue West
Pakistan”. 10Substituted ibid., for
“West Pakistan Board of Revenue Act 1957.” 11Substituted ibid., for “Government of West Pakistan”.
[9] Re-numbered by the West
Pakistan Ordinance Rice (Restriction on Cultivation) (Amendment) Ordinance,
1969 (X of 1969).
[10] Added ibid.
[11] Now the “Punjab”, see the Punjab Laws (Adaptation) Order,
1974 (Pb. A.O. 1 of 1974).
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