(W.P. Ordinance XXXIV of 1959)
[1 June 1959 ]
Preamble.— WHEREAS it is expedient to make
provision for carrying out the survey and rectangulation of land in any area in
the province of [3][the
Punjab ];
Now,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
1. Short title, extent and commencement.— (1) This Ordinance may be called
the [4][Punjab ] Survey and Rectangulation of Lands Ordinance,
1959.
[1][(2) It extends to the whole of the province of [6][the
Punjab ] except the Tribal Areas.]
(3) It shall come into force in such area and
on such date as the Board of Revenue, [7][Punjab ] may by notification direct.
2. Power to direct survey and
rectangulation.—
Notwithstanding anything contained in any other law for the time being in
force, the Board of Revenue, [8][Punjab]
may, by notification, direct that survey and rectangulation of land in any area
be carried out provided that, as far as possible, the area of an owner’s
holding shall not, as a result of such operations, be reduced.
3. Assessment and recovery of costs.— The cost of the survey, and
rectangulation operations shall be assessed and recovered from the persons
whose holdings are affected in such manner as may be prescribed by rules made
under this Ordinance:
Provided
that Provincial Government may remit, in whole or in part, the cost of such
operations.
4. Penalty.— Whoever
obstructs or prevents any operations under this Ordinance, or fails to comply
with any provisions of the rules made thereunder, shall, on a complaint made in
writing by any Revenue Officer, be punished with imprisonment which may extend
to six months, or with fine which may extend to one thousand rupees or with
both.
5. Indemnity.— No suit or other legal proceedings
shall be maintainable in respect of the exercise of any powers or discretion
conferred by this Ordinance or rules made thereunder, or against any public
servant or person duly appointed or authorised under this Ordinance or the
rules, in respect of anything in good faith done, or purporting to be done
under this Ordinance or the rules.
6. Bar to
jurisdiction of Civil Courts.— No Civil Court
shall have jurisdiction to entertain any claim, suit or other legal proceedings
in respect of any act done in pursuance of the provisions of this Ordinance.
7. Power to make rules.— The Board of Revenue [9][Punjab ], may frame such rules as may be necessary to give
effect to the provisions of this Ordinance.
[1]This
Ordinance was promulgated by the Governor of West Pakistan on 29th May, 1959;
published in the West Pakistan Gazette (Extraordinary), dated 1st June, 1959,
pages 469-70; saved and given permanent effect by Article 225 of the
Constitution of the Islamic Republic of Pakistan (1962).
[2]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974), for “West Pakistan ”.
[5]Substituted by the West Pakistan Laws
(Extension to Karachi ) Ordinance, 1964 (VII of
1964).
[6]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974), for “West Pakistan ”.
[9]Substituted
by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974), for “West Pakistan ”
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