Azad Kashmir Grant of Proprietary Rights Act of 1954 (Government Order No. 260/54)

175 175 THE AZAD KASHMIR GRANT OF PROPRIETORY RIGHTS ACT, 1954. (Passed under Government Order No. 260/54 dated 2.9.1954) Whereas it is expedient to grant proprietary rights to occupancy tenants and to certain other persons in Azad Kashmir Territory, it is hereby enacted as follows : 1. (i) This Act may be called the Azad Kashmir Grant of Proprietary Rights Act of 1954. (ii) It shall extend to the whole of Azad Kashmir Territory and shall come into force at once. 2. Notwithstanding anything contained to the contrary in any Law or rule having the force of law or any agreement between parties or persons claiming under them or any custom or usage, no person shall, after the coming into force of this Act, acquire or have occupancy rights in any land under any enactment or contract or any decree or order of any Court or other authority and the existing occupancy rights in respect of all lands other than land owned by the Government or by any person who under the law for the time being in force is an evacuee shall, on the coming into force of this Act, be extinguished and the land comprised in a tenancy so extinguished shall vest in the occupancy tenants on compensation the landlords, where necessary, in accordance with the rules that may be framed by the Government in this behalf. 3. (i) The Government shall frame rules and may pass such orders as may be necessary to give effect to the provisions of this Act. (ii) So long as Government does not frame rules for purposes of Section 2 an occupancy tenancy shall continue to subsist and the landlord and the occupancy tenant shall continue to enjoy the same rights and be subject to the same liabilities as before. 4. Notwithstanding anything contained to the contrary in the Settlement Rules of Poonch District all persons entered as ‘Haq i-Assami-dars’ of land in the revenue papers in Poonch District shall be deemed to be proprietors of such land and shall be 176 176 entered as such in the revenue records by the revenue authorities concerned, provided that where there are any occupancy tenants under such 'Haq-i-Assami-dars' they shall acquire proprietory rights in accordance with the provisions of this Act on compen sating, the ‘Haq-i-Assami-dar’ landlords, where necessary, under rules. 5. No civil Court shall have jurisdiction to entertain any suit or other proceedings in respect of anything done under the provisions of this Act or of any rule framed under this Act.