8: Collection of rents of undivided property

When two or more persons are land-lords of tenant in respect of the same tenancy, the tenant shall not be bound to pay part of rent of his tenancy to one of those person and part to another. [ "8-A. (1) Notwithstanding anything to the contrary contained in any law for the time being in force or any agreement or entry in a revenue record, or any decree or order of any court or other authority, the rent of any land payable by a tenant by division and the produce shall not exceed forty per centum of the produce, and if at the time of the coming into force of the [Khyber Pakhtunkhwa] Tenancy (West Pakistan Amendment) Act, 1963, hereinafter referred to as the Amending Act, rent at a higher rate is being charged in respect of any tenancy, it shall be reduced to the aforesaid limit: Provided that if any tenant is, at the time of the coming into force of the Amending Act, holding any land on more favourable terms he shall continue to do so. (2) All Government dues levied on the land comprised in a tenancy shall be paid by the landlord and the tenant in the same proportion in which they share the produce in accordance with the provisions of this section: Provided that if at the time of the coming into force of the Amending Act, a tenant is not paying any portion of such dues, or is paying less than what he would have paid under the provisions of this sub- section, he shall not become liable for any such payment or, as the case may be, for any additional payment: Provided further that in case, the tenant's share of the produce was less than sixty per centum but is increased by virtue of the provisions of sub-section (1), he shall become liable to pay the Government dues in such proportion as the increase in his share of the produce bears to the entire produce irrespective of the fact whether he was already paying any portion of the Government dues or not but in no case will be required to pay more than sixty per centum. Explanation.—For the purposes of this sub-section "Government dues" means the sum total of land revenue, water rate, local rate and all other sums levied by Government on the land, except the tax levied under the West Pakistan Urban Immovable Property Tax Act, 1958 (West Pakistan Act V of 1958). (3) Nothing in this section shall apply to the case of a tenant holding any land under the Provincial or the Central Government]. [8—B (1) Notwithstanding anything to the contrary contained in any Law for the time being in force, or any entry in a revenue record, or any decree or order of court or other authority, but subject to any written agreement between the parties, every tenant in Kaghan Valley shall be liable to pay rent to his landlord, by division of the produce, at the following rates;— (a) in the case of bariabi, hoter and bari land, one half of the produce; and (b) in the case of bahir-deabi, mera and bela land, two fifth of the produce; and (c) in other cases, one fourth of the produce. (2) Nothing in this section shall apply to the tenants holding land under the Provincial or the Federal Government].

Effective date: 1950-06-20

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