82: Nullity of certain agreements contrary to the Act

(1) Nothing in any agreement made between a landlord and a tenant after the passing of this Act shall:— (a) take away or limit the right of a tenant as determined by this Act make improvements and claim compensation therefor, or where compensation for disturbance can be claimed under this Act, to claim such compensation, or (b) entitled a landlord to eject a tenant otherwise than in accordance with the provisions of this Act. (2) Nothing in clause (a) of sub-section (1) shall apply to an agreement by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in respect of his tenancy by or at the expense of his landlord and to the benefit of which the tenant is not otherwise entitled. [82 A. (1) Whenever it appears to be necessary in Kaghan Valley to prohibit the breaking up for cultivation of waste land or its occupation as sites for sheds, buildings or enclosure in order to the better protection of.— (a) the crests and slopes immediately below the crests of hills within the limits of tree vegetation, (b) catchment-basins of streams, torrents or ravines, (c) the banks and beds of rivers, streams, torrents and ravines, (d) steep- slopes, (e) waste land which though not situated in any of the above positions, are nevertheless of such value of utility for the supply of forest-produce or otherwise that their breaking up or occupation would in the judgement of the Collector bo inadvisable, the Collector may issue orders prohibiting the breaking up or occupation of such waste land, and defining the area to which such prohibition shall extend, and may cause the limits of such area to be shown on the village map and to be demarcated on the ground with boundary-mark so far as may be necessary. (2) No such order as is referred to in sub-section (1) shall be cancelled by the Collector without the sanction of the Board of Revenue, but the Collector may, from time to time, revise such orders by altering the boundary of the protected land so as to include any particular plot the protection of which may appear to be necessary. 82 B. Where waste land is broken into by cultivation or is occupied in contravention of an order under sub-section (1) of section 82 A, the Collector on the application of any right holder in the village or of his own motion may cause to be summarily ejected the author of the encroachment and may direct that any building or enclosure erected or crop grown on such land in contravention of such order shall be confiscated to Government; [Provided that no order of ejectement shall be passed without given the author of the encroachment an opportunity of being heard. 82 C. Whoever breaks up or occupies or abets in breaking up or occupying, or, being the owner or a joint owner of the land, permits the breaking up or occupation of any waste land protected under Sections 82A shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both. 82 D. (1) The offence under section 82 C shall be cognizable. (2) No Court shall take cognizance of an offence under section 82 C, except on a report in writing of the facts constituting such offence made by the Collector or by an officer authorised by him in this behalf].

Effective date: 1950-06-20

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