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ORDINANCE XXIV OF 1978 ORDINANCE XXIV OF 1978 BALUCHISTAN TENANCY ORDINANCE, 1978 CHAPTER VIII‑EFFECT OF THIS ORDINANCE ON RECORDS OF RIGHTS AND AGREEMENTS 102. Limits of holding for personal cultivation.‑‑(1) No person owning more than 100 acres of land shall have in his possession for personal cultivation any irrigated culturable land exceeding 50 acre. Explanation.‑‑Where any such person has in his, possession any such land jointly or in partnership with any one else, only his' own share of the land in such possession shall be taken into consideration in commuting the 50 acres for the purpose of this subsection. (2) If a person owning more. than 100 acres of land has in possession culturable land in excess of 50 acres he shall within three months of the date on which this Ordinance comes into force, and if such person is in the military service of Pakistan on that date, their within six months of his release from such service, let out the area in excess of 50 acres to tenants on terms permissible under the law; Provided that if the said land in excess of 50 acres is under crop at the time of the coming into force of this Ordinance it shall be so let out within one month of the removal of the crop; Provided further that if the land to be let out has been prepared for sowing, the person who has so prepared it shall be entitled to compensation from the person to whom the land is let out, and such compensation and the mode of its payment shall, in case of a dispute, be assessed and determined by the Revenue Officer referred to in subsection (4) in accordance with the provisions of this Ordinance, in so far as these may be applicable. (3) Where a person not owning more than 100 acres of land on the date of the coming into force of this Ordinance, acquires by any means more land which along with the land already owned by him totals more than 100 acres, he shall, within three months of such acquisition, let out to tenants so much of the land as is in his possession in excess of 50 acres of culturable land, and the proviso to subsection (2) shall in so far as is applicable apply to this case. (4) if any person who is required by subsection (2) or subsection (3) to let out any land fails to find suitable tenants, he shall, before the expiry of the period fixed by the relevant subsection, intimate the fact in writing to the Revenue Officer, who would be competent under the law to entertain an application for the ejectment of a tenant from the land, if such land had been let out to him, and such Revenue Officer shall proceed in accordance with such rules as may be framed by Government to find suitable tenants for the land. (5) When a person acts under subsection (4) he shall let out the land to tenants recommended by the Revenue Officer, and in case he fails to do so, he shall be deemed to have contravened the provisions of this section, and besides any other penalty which may be imposed on him under the law, the Revenue Officer, referred to in subsection (4), shall have the power to settle tenants on the land which such person is keeping in excess of limits prescribed by this section: Provided that if the Revenue Officer fails to find tenants for the land, and in consequence thereof such person continues to occupy any land in excess of the prescribed limit, he will not be deemed to have contravened the provisions of this section: Provided further that in case covered by the first proviso the Revenue Officer will have the power to settle tenants on the land at proper time, whenever he is able to find suitable persons for this purpose. (6) Where a person has in accordance with the provisions of subsection (2) or sub section (3) made a choice with respect to the land which he is to keep for his personal cultivation he shall not thereafter the right to claim any other land in lieu of the whole or part of that land, even though he may have lost that land through alienation: Provided that he shall have the right of exchanging the said area of 50 acres or any part thereof with any land in which he may acquire proprietary rights, by inheritance after having made the said choice: Provided further that if the land reserved by a person for personal cultivation or any portion thereof is compulsorily acquired by the Provincial or the Central Government, or is rendered daryaburd, or if 50 per centum or more of such land is rendered totally unculturable on account of the action or Sem, or Thur, the said person shall be entitled to so much additional area, as with the area, if any, still in his possession, and in the last mentioned case, the area fit for cultivation will make, up 50 acres. (7) Land attached to and used for the purposes of a cattle‑farm or a stud‑farm recognised by Government shall be exempt from the provisions of this section. But an owner of any such farm shall not be entitled to retain for personal cultivation any other land, even though the land attached to such farm is less than 50 acres. Explanation.‑For purposes of this subsection a cattle farm means a farm of agricultural land which is exclusively reserved for the purposes of breeding cattle, and a stud‑farm means a farm of such land exclusively reserved for breeding of horses or mules. (8) A person who owns 25 acres of land or more shall not be selected or given any land as a tenant under subsection (2), (3), (4) or (5), and no tenant shall be allowed more than 2 acres as such. (9) Government may, by notification in the official Gazette, exempt any person or class of persons owning land or any land or class of land from the operation of this section. Explanation L‑For the purposes of computing the area for personal cultivation an acre of unirrigated culturable land shall be counted as half an acre and the terms irrigated and unirrigated shall be defined by rules framed by Government under this Ordinance and if there is in the opinion of the Government any land which does not fall under these two categories, the rules shall prescribe a separate category for it, and shall fix the ratio which such land shall bear in relation to irrigated land for purposes of such computation. Explanation H.‑For the purposes of this section land under a garden which is in existence on the date of the coming into force of this Ordinance, and which according to the nature of the trees planted is deemed fully covered, shall not be treated as culturable, even though any portion thereof may be fit or actually used for purposes of cultivation. But if a garden is planted in any land after the coming into force of the aforesaid Ordinance, the land thereunder shall be treated as culturable. Explanation III.‑For the purposes of this section, if land, which according to the provisions of the revenue law for the time being in force is banjar qadeem and is shown in revenue records as such is brought under cultivation or a garden is planted therein shall continue to be treated as not culturable. Explanation IV.‑For the purposes of this section cultivation through any direct descendant of the person owning land or his wife or servant or hired labour shall be treated as personal cultivation by the said person. Explanation V.‑For the purposes of this section a mortgagee of land with possession, a tenant of Government land under the Colonization of Government Lands (Punjab) Act, 1912, who has not acquired proprietary rights, a lessee other than a lessee of Government land, and an allottee whether provisional or permanent, of land under the law for the rehabilitation of refugees for the time being in force shall be deemed to be a person owning such land.