(Pb. Act I of 1995)
[l3 February 1995]
An
Act to provide for the conferment of proprietary rights on non-proprietors in
the abadi deh
WHEREAS it is expedient to confer proprietary
rights on non-proprietors in the abadi deh in conformity with the injunctions
of Islam as set out in the Holy Quran and Sunnah;
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the Punjab
Conferment of Proprietary Rights on Non-proprietors in Abadi Deh Act, 1995.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(1) “abadi deh” means and includes an area
which is recorded as abadi deh in the record of rights prepared under the
Punjab Land Revenue Act, 1967(XVII of 1967) but does not include an urban area;
(2) “Collector”
means a Collector of the district and includes [2][2][a Deputy District Officer (Revenue)] or any officer
specially empowered by the Government to perform the functions of a Collector
under this Act;
[3][3][(3) “Executive
District Officer (Revenue)” means the Officer Incharge of Group of District
Officers as specified in Part-C of First Schedule of Punjab Local Government
Ordinance, 2001 under the head “Revenue”];
(5) “house” means building or structure used
for residential purposes and includes a court-yard;
(6) “land” means and includes an area under a
house in the abadi deh, but does not include any area reserved for a street, a
lane, a playground, a school, a mosque or other place of worship, a graveyard,
a drinking well or a pond meant for the village community;
(7) “non-proprietor” means an inhabitant of a
village who ordinarily resides in the abadi deh of that village and who under
any law or custom or usage having the force of law, in force immediately before
the commencement of this Act, is not a co-sharer in the abadi deh in which his
house is situated; and
(8) “Urban area” means urban area as defined
in clause (iii) of sub-section (1) of section 3 of the Punjab Local Government
Ordinance. 1979 (VI of 1979).
3. Conferment
of Proprietary rights in land on non-proprietors.— Notwithstanding
anything to the contrary contained in any law for the time being in force or in
any agreement, instrument, custom or usage or in any decree or order of any
court or other authority, all rights, title and interest whatever, in the land
which is situated within the abadi deh and which is under a house owned by a
non-proprietor, shall on the commencement of this Act, vest in the
non-proprietor under whose house it is situate, free of charge, and no
compensation shall be claimed by or paid to any person or Government affected
by the vesture of proprietary rights in a non-proprietor under this section.
4. Resolution of disputes.— Where any dispute arises from giving effect
to the provisions of this Act, the Collector of the area in which the land is
situated may, on the application of any aggrieved party made within a
reasonable period, take cognizance of the dispute and decide the matter.
5. Appeal.— [5][5][(1) An appeal against
the order made by a Collector under this Act shall lie before the Executive
District Officer (Revenue)].
(2) The limitation for filing an appeal under
this section shall be thirty days from the date of the impugned order excluding
the period duly spent in obtaining certified copy of the impugned order and the
provisions of section 5 of the Limitation Act, 1908 (IX of 1908) shall apply to
an appeal under this section.
(3) No order
in appeal adversely affecting any person shall be passed without affording to
the affected party an opportunity of being heard.
(4) The appeal filed under this section shall
be disposed of within ninety days.
(5) An order passed in appeal under this
section shall be final.
6. Removal of difficulties.— If any difficulty arises in giving effect to
any provision of this Act, the Government may make such order, not inconsistent
with the provisions of this Act, as may appear to it to be necessary for
purposes of removing the difficulty.
7. Rules.— The Government may make rules for the
purposes of this Act.
8. Bar of jurisdiction.— No order passed or proceedings taken by the
Collector or the Commissioner or the Government under this Act shall be called
in question in any Civil Court.
9. Repeal.— The Punjab Conferment of Proprietary Rights
on Non-Proprietors in Abadi Deh Ordinance, 1994 (XV of 1994) is hereby
repealed.
[1][1]This Act was passed by the
Punjab Assembly on 2nd February, 1995; assented to by the Governor of the
Punjab on 12th February, 1995; and, was published in the Punjab Gazette
(Extraordinary), dated 13th February, 1995, pages 1 to 3.
[2][2]Substituted
for the words “an Assistant Commissioner or a Collector of a sub-division” by
the Punjab Conferment of Proprietary Rights on Non-Proprietors in Abadi Deh
(Amendment) Ordinance, 2001 (LVII of 2001), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[4][4]Omitted by the Punjab Conferment of Proprietary Rights on
Non-Proprietors in Abadi Deh (Amendment) Ordinance, 2001 (LVII of 2001), which
will remain in force under the Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[5][5]Substituted by the Punjab Conferment of Proprietary Rights on
Non-Proprietors in Abadi Deh (Amendment) Ordinance, 2001 (LVII of 2001), which
will remain in force under the Provisional Constitution (Amendment) Order 1999
(9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
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