48: Application and proceedings cognizable by Revenue Officers
The Khyber Pakhtunkhwa Tenancy Act, 1950 · Khyber Pakhtunkhwa Acts · in_force
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(1) The following applications and proceedings shall be disposed of by the Revenue Officers as such, and no Court shall take cognizance of any dispute or matter with respect to which any such application or proceeding might be made or had:— FIRST GROUP. (a) proceedings relating to the remission and suspension of under section 15; (b) applications under section 26 for the ejectment of a tenant against whom a decree for an arrear of rent in respect of his tenancy been passed and remains unsatisfied; (c) applications under section 28, sub-section (6) for the ejectment a tenant on whom a notice of ejectment has been served and has not instituted a suit to contest his liability to be ejected has claimed compensation under Section 43; (d) applications by landlords for possession of land, the right occupancy in which has become extinct; (e) proceedings with respect to the award of compensation improvements or disturbance; SECOND GROUP. (f) applications under Section 28 sub-section (6) for the ejectment of a tenant on whom a notice of ejectment has been served and who has not instituted a suit to contest his liability to be ejected and has not claimed compensation under Section 43. (g) applications for the determination:— (i) under Section 32 of the rent payable for land occupied by crops uncut or un-gathered at the time of an order being made for the ejectment of a tenant or (ii) under Section 32 or Section 46 of the value of such crops or of the sum payable to the tenant for labour and capital expended by him in preparing land for sowing; THIRD GROUP. (h) applications under Section 16 by tenants to deposit rent; (i) applications under Section 21 for service of notice of relinquishment; (j) applications under Section 26 for service of notice of ejectment; (2) Except as otherwise proved by any rule made by the [Board of Revenue] in this behalf: — (a) a Collector or an Assistant Collector of the first grade may dispose of any of the applications and proceedings mentioned in sub-section (1); (b) an Assistant Collector of the second grade, not being a Naib- Tehsildar, may dispose of any of the applications mentioned in the second and third groups of that sub-section; and (c) a Naib-Tehsildar, when invested with the powers of an Assistant Collector of the second grade, may dispose of any of the applications mentioned in the third group of that sub- section.
Effective date: 1950-06-20
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