The Abolition of Shishak Ordinance, 1973
ORDINANCE III OF 1973
An Ordinance to provide for the abolition of Shishak in the Province of Baluchistan
[Gazette of Baluchistan, Extraordinary, 21st March 1973]
No. Legis-1-4/Law/73.—-The following Ordinance by the Governor of Baluchistan is hereby published for general information:—
Preamble.-Whereas the peasantry in the Province has long been: subjected to cruel customs and has been exploited;
And whereas it is necessary to improve the economic well-being of the peasantry and to provide some relief to the tenants with immediate effect;
And whereas the Provincial Assembly of Baluchistan is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred upon him by clause (1) of Article 135 of the Interim Constitution of the Islamic Republic of Pakistan, the Governor of Baluchistan is pleased to make and promulgate the following Ordinance,—
1. Short title, extent and commencement —- (1) This Ordinance may be called the Abolition of Shishak Ordinance, 1973.
(2) It extends to the whole of the Province of Baluchistan except tribal areas.
(3) It shall come into force at once.
2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context,—
(1) “Shishak” means that portion of the total produce of a crop which is paid to a Sardar under the local custom or usage as Sardari Tax;
(2) “Sardar” means a person to whom Shishak is paid under local custom or usage and includes a Khan, Jagirdar, Malik or a Motbir;
(3) “Landlord” means a person under whom a tenant holds land, and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land;
(4) “tenant” means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person;
(5) “tenant” and “landlord” include the predecessors and successors-in-interest of a tenant and landlord, respectively;
(6) “land” means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes the sites of buildings and other structures on such land;
(7) “rent” means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him ;
(8) Notification” means a notification published by authority of the Provincial Government in the official Gazette.
3. Abolition of Shishak. —The system of “Shishak”, which is based on custom and is now being practiced in the province, shall be discontinued forthwith.
4. Ordinance to override other laws.—The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage and the crop grown on the land held by a tenant shall, on its maturing, be apportioned between the tenant and the landlord only in accordance with the provisions of this Ordinance.
5. The Governor or any person or authority authorized by him in this behalf, may by notification, specify the areas and the proportion and the manner in which the crop grown therein at any time, on its maturing, be apportioned between the tenant and the landlord but in no case the share of the tenant shall be less than one-third of the total produce of the land held by him.
6. Power to make rules. —The Provincial Government may, by notification, make such rules, or orders as it may deem necessary for carrying out the purposes of this Ordinance and for giving full effect to the provisions of the Land Reforms Regulation, 1972.
7. Offences and penalty. —Whoever contravenes or abets or incites such contravention or conspires in that behalf or fails to comply with any of the provisions of this Ordinance, or rules or orders made thereunder, or obstructs or conspires to obstruct any person in the discharge of duties or functions assigned to him under such provisions shall be punished with rigorous imprisonment which may extend to seven years, or with fine or with both.