(Punjab Act XV of 1952)
[6 February 1952]
Preamble.— WHEREAS it is expedient to provide for the
development of damaged areas in the Punjab;
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the Punjab
Development of Damaged Areas Act, 1952.
(2) It extends to the whole of the Punjab.
(3) It shall be deemed to have come into
force immediately after the expiry[2][2] of the Punjab Development of Damaged Areas
Ordinance, 1948[3][3] in the areas in which the said Ordinance was
operative at the time of its expiry, and shall come into force in any other
area on such date as the Government of the Punjab may, by notification,
specify.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or
context:-
(a) “Building” includes a house, out-house, stable, shed, hut and
every other structure whether of masonry bricks, wood, mud, metal or any other
material whatever;
(b) “Building line” means a line (in rear of the
street alignment) up to which the main wall of a building abutting on a
projected street may lawfully extend;
(d) “Cost of a scheme” includes all expenses of an Improvement Trust
incurred in the making, supervision and execution of the scheme;
(e) “Damaged area” means any area notified as such by the Government
under section 3 of this Act;
(f) “Government” means the Government of the Punjab;
(g) “Improvement Trust” or “Trust” means an Improvement Trust
constituted under the Punjab Town Improvement Act, 1922[5][5];
(h) “Land” includes benefits to arise out of land and things attached
to the earth or permanently fastened to anything attached to the earth;
(i) “Local area” means the area to which the Punjab Town Improvement
Act, 1922[6][6], has been applied and the area within which
a Trust has been created for the purposes of carrying out the provisions of
that Act;
(j) “Notify” means notify by means of a notification in the official
Gazette;
(k) “Person interested” includes all persons claiming an interest in
compensation to be awarded on account of the acquisition of land under this Act;
and a person shall be deemed to be interested in land if he is interested in an
easement affecting that land;
(l) “Prescribed” means prescribed by rules made under this Act;
(m) “Street alignment” means lines forming the boundaries of a street
dividing the same from lands or buildings adjoining on either side; and
(n) “Tribunal” means a Tribunal constituted under the Punjab Town
Improvement Act, 1922.
3. Declaration of damaged areas.— The Government may, by notification, declare
any local area or any part of any local area to be a damaged area.
4. Schemes for the development of a
damaged area.— An
Improvement Trust may frame a scheme or schemes for the development of a
damaged area, providing for all or any of the following matters:-
(i) The acquisition under this Act of any land or
any interest in land necessary for or affected by the execution of the scheme,
or adjoining any street, thoroughfare, or open space to be improved or provided
under the scheme.
(ii) The acquisition by purchase, lease, exchange
or otherwise of such land or interest in land.
(iii) The retention, letting on hire, lease, sale,
exchange or disposal otherwise of any land vested in or acquired by the
Improvement Trust.
(iv) The demolition of buildings or portions of
buildings which are unfit for the purpose for which they are intended and which
obstruct light or air or project beyond the building line laid out under the
scheme.
(v) The relaying out of any land comprised in the
scheme, and the redistribution of sites belonging to owners of property
comprised in the scheme.
(vi) The laying out and alteration of streets.
(vii) Open spaces in the interests of the residents
of any locality comprised in the scheme or any adjoining locality and the
enlargement or alteration of existing open spaces.
(viii) The raising, lowering, or reclamation of any
land vested in or to be acquired by the Improvement Trust for the purposes of
the scheme, and the reclamation or reservation of land for the production of
fruit, vegetables, fuel, fodder, or for any other purpose for the residents of
the local area.
(ix) The drainage, water-supply and lighting of
streets altered or reconstructed.
(x) A system of drains and sewers for the
improvement of ill-drained and insanitary localities.
(xi) The doing of all acts intended to promote the
health of the residents of the area comprised in the scheme, including the
conservation and preservation from injury or pollution of rivers and other
sources and means of water-supply.
(xii) The demolition of existing buildings and the
erection and re-erection of buildings by the Improvement Trust or by the owners
or other persons authorised by the Improvement Trust or by the Improvement
Trust in the event of default by the owners or such persons.
(xiii) The advance of the whole or part of the
capital requisite for the erection of buildings in accordance with the scheme
to the owners of land comprised within the scheme, upon such terms and
conditions as to interest and sinking fund and otherwise as may be prescribed under
the scheme.
(xiv) The provision of facilities for
communications.
(xv) All other matters which the Government may
deem necessary for promoting the general efficiency of a scheme or for
improving the locality comprised in such scheme:
[7][7][Provided that while undertaking a scheme
under this section a provision of plot for the construction of mosque will be
made where necessary.]
5. Publication
of schemes.— (1) The Improvement Trust shall then publish a notice in the official
Gazette and two newspapers, one at least having circulation in both Pakistan
and India unless the entry in India of the newspapers published in Pakistan is
banned, in which case both the newspapers shall be such as have circulation in
Pakistan, stating—
(a) the
fact that the scheme has been framed;
(b) the
boundary of the locality comprised in the scheme; and
(c) the place where and the time when details of
the scheme including a statement of land proposed to be acquired and a general
map of the locality comprised in the scheme may be inspected.
(2) Such notice shall also prescribe the
period during which objections will be received against the scheme.
6. Sanction
of scheme.— (1) After consideration of the objections, if any, which may be
received by the Improvement Trust during the period prescribed under section 5,
sub-section (2), the Improvement Trust may sanction the scheme with or without
modifications as it may deem proper.
(2) Whenever a scheme is sanctioned by an
Improvement Trust, it shall report the fact to the Government, together with a
statement of objections.
(3) The Government may modify the scheme and
shall cause the original or, as the case may be, the modified scheme to be
published in the official Gazette. The scheme as published shall be deemed to
be the sanctioned scheme.
(4) A publication under sub-section (3) shall
be conclusive evidence that a scheme has been duly framed and sanctioned.
7. Acquisition
of damaged area through Collector.— (1) The Improvement Trust may apply to the
Collector for the acquisition of any damaged area comprised in any scheme
sanctioned under this Act and also for making an order for the immediate
delivery of the possession of the whole or any part of such area to the
Improvement Trust.
(2) Notwithstanding anything contained in any
other law for the time being in force, the Collector may pass an order
accepting an application made to him under the foregoing sub-section and
forthwith deliver, or cause the delivery of possession of any damaged area or
part thereof comprised in any scheme sanctioned under this Act, and the same
shall vest absolutely in the Improvement Trust free from all encumbrances
subject, in due course, to the payment of compensation by the Trust in
accordance with the provisions of this Act:
Provided
that possession shall not be taken of any building or part of a building unless
the occupier thereof is given at least 48 hours’ notice or such longer notice
as may be reasonably sufficient to enable such occupier to remove his movable
property from such building without unnecessary inconvenience.
8. Magistrate to enforce surrender of
land.— If the Collector or
any person acting under his authority is opposed or obstructed in the delivery
of possession of any land under this Act, he shall enforce the surrender of the
land to the Improvement Trust, if he is a Magistrate, and, if he is not himself
a Magistrate, apply to a Magistrate for this purpose, and such Magistrate shall
enforce the surrender of the land to the Improvement Trust.
9. Marking and measuring.— After having delivered or caused the
delivery of possession of the land, the Collector shall cause the land to be
marked out and measured and a plan thereof to be made, unless all this has
already been done.
10. Notice inviting claims to compensation
and objections.— (1) The
Collector shall also cause public notice to be given at convenient places on or
near the land comprised in the scheme stating that claims to compensation for
all interests in such land may be made to him.
(2) Such notice shall state the particulars
of the land and shall require all persons interested in the land to appear
personally or by agent before the Collector at a time and place mentioned
therein (not being earlier than 15 days after the date of publication of the
notice) and to state the nature of their respective interests in the land, and
the objections, if any, to the measurements made under the foregoing section.
The Collector may in any case require such statement to be made in writing and
signed by the party or his agent.
(3) The Collector shall also serve notice to
the same effect on the occupier, if any, of such land and on all such persons
known or believed to be interested therein, or to be entitled to act for
persons so interested, as reside or have agents authorised to receive service
on their behalf, within the revenue district in which the land is situate.
(4) In case
any person so interested resides elsewhere and has no such agent, the notice
shall be sent to him by registered post in letter addressed to him at his last
known residence, address or place of business.
(5) In
case the whereabouts of any such person are not known, such notice may be given
by publication in a newspaper of the description given in section 5,
sub-section (1), and if such notice has been published in such newspaper not
less than 15 days before the date of hearing, proceedings may be taken ex parte if the person does not appear
on that date.
11. Disclosure by interested persons.— (1) The Collector may also require any such
person to make or deliver to him, at a time and place mentioned in the
requisition (such time being not earlier than 15 days after the date of the
requisition) a statement containing, so far as may be practicable, the name of
every other person possessing any interest in the land or any part thereof as
co-proprietors, sub-proprietor, mortgagee, tenant or otherwise the nature of
such interest and the rents and profits, if any, received or receivable on
account thereof for three years next preceding the date of the statement.
(2) Every person
required to make or deliver a statement under this section or section 10 shall
be deemed to be legally bound to do so within the meaning of sections 175 and
176 of the [8][8][Pakistan Penal Code].
12. Inquiry
into claims and objections.— On the date fixed under section 10, sub-section (2) or
on any other day to which the inquiry may be adjourned, the Collector shall
proceed to enquire into the objections, if any, which any person interested has
made pursuant to a notice given under the aforesaid section to the measurements
made under section 9 and into the respective interests of the persons claiming
compensation and shall determine:
(a) the
true area of the land and the extent of the interest of each person interested
in that land; and
(b) the
value of the plots and the material and other sources of income remaining
outstanding as notified by the Government under section 13 of this Act,
and make an award apportioning compensation
in accordance with the provisions of section 14 of this Act, among all the
persons known or believed to be interested in the land, of whom, or of whose
claims, he has information whether or not they have appeared before him:
Provided
that if no notification in the official Gazette under sub-section (2) of
section 13 has been issued, the Collector shall merely decide the matter
referred in (a), and postpone the making of the award with respect to
compensation till after the issuing of the said contemplated notification by
the Government:
Reference to
the Tribunal on questions of title, etc.— Provided further that if there be
any dispute as to the title to such land or any part thereof or as to the
persons to whom compensation or any part thereof is payable, the Collector may
refer such dispute to the decision of the Tribunal.
13. Execution
of scheme by the Trust.— (1) After the possession of the land comprised in a
scheme under this Act has been delivered to it, the Improvement Trust shall
proceed forthwith to execute the said scheme.
(2) Submission of cost of scheme by the Trust.— The Improvement Trust
shall, as soon after the completion of a scheme under this Act as may be, but
not later than 3 years from the date of sanction thereof, submit to the
Government an accurate statement of the actual cost of the scheme and the income
derived therefrom as well as the particulars and the estimated value of the
plots that remain unsold and any material or any other sources of income from
the scheme which remain outstanding, and the Government shall, after such
scrutiny as it may deem necessary, notify the details of the aforesaid
statement.
14. Total compensation how calculated.— (1) Notwithstanding anything contained in
any other law for the time being in force, the total compensation payable for
any land acquired under this Act shall be the difference between the income
from the scheme and the cost thereof as notified by the Government under
section 13, sub-section (2), the value of the plots that remain unsold and any
other source of income from the scheme which remains outstanding, as determined
by the Collector under section 12, being reckoned as income or a part thereof
as the case may be.
(2) Subject to the provisions of sub-section
(1) and of any other law, for the time being in force, relating to the
administration of property abandoned by its owner as a result of the
establishment of Pakistan, the amount realised from the disposal of material of
any standing structure upon the land comprised in the scheme, after deducting
the cost of demolition and disposal thereof, shall be payable to the person
known or believed to be the person interested in that structure according to
his interest at the time of the acquisition.
15. Collector’s award to be filed.— (1) The award made by the Collector under
section 12 shall be filed in the office of the Collector of the district and
shall, except as hereinafter provided, be announced by him on a day fixed for
the purpose. It shall then be final and conclusive evidence as between the
Improvement trust and the persons interested, whether they have appeared before
the Collector or not, of the true area and value of the land and the
apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice
of his award to such of persons interested as are not present personally or by
their representatives when the award is announced.
16. Trust may make reference to the
Tribunal.— As soon as the
Collector has made his award, the same shall be placed before the Trust, which
shall, within 30 days of the date of the announcement of the award, either
notify its intention to make a reference to the Tribunal, in the manner stated
in section 20, against the amount awarded by the Collector or place the amount
awarded at his disposal.
17. Payment of
compensation by Collector.— From the amount placed at his disposal under section 16
the Collector shall tender payments of the amounts assessed by him to the
persons interested and make payments to any of them who agree to receive the
same with or without protest.
18. Disposal of compensation in cases of
disputed title.— (1) The
amounts due to persons who may not be competent to alienate the land for which
compensation has been awarded or the amounts due in respect of the land which
is subject to a disputed title shall be deposited into local Treasury.
(2) In the case of persons incompetent to
alienate the land acquired under this Act, the amount of compensation due may
be invested by the Collector in the purchase of other lands to be held under
the like title and conditions of ownership as the land in respect of which such
money shall have been deposited was held, or if such purchase cannot be
effected forthwith, in Government securities. The interest accruing on such
money shall also be deposited and invested in the same way until the same be
applied in the manner aforesaid.
(3) Nothing in this section shall preclude
the Collector from making payment of any amount as compensation for land due to
any person, incompetent to alienate the same, or from transferring the land or
securities purchased therefor under sub-section (2), to such person, after the
cessation of his disability, or, during such disability, to any other person
competent to receive the same under any law for the time being in force or any
order of a competent Civil Court.
19. Jurisdiction of other Courts barred.— (1) No award under this Act shall be called
in question in any Court or in any manner except as provided hereinafter.
(2) No person shall challenge in any court or
before the Tribunal the amounts notified by the Government under section 13 as
the cost of a scheme under this Act and the income therefrom.
20. Person
interested may require reference to Tribunal.— (1) The Improvement
Trust or any person interested who has received compensation with protest, may,
by written application to the Collector, require that the matter be referred by
the Collector for the determination of the Tribunal, whether its or his
objection be to the measurement of the land, the amount of the compensation,
the person to whom it is payable or to the apportionment of the compensation
among the persons interested.
(2) The application shall state the grounds
on which objection to the award is based, and the grounds shall not be other
than those stated in sub-section (1).
(3) Every such application shall be made—
(a) in the case of the Improvement Trust and of the
person interested who was present or represented before the Collector at the
time of the announcement of the award within 6 weeks from the date of the
announcement of the award; and
(b) in
other cases, within six weeks of the receipt of the notice under section 15(2),
or within three months from the date of the Collector’s award, whichever shall
first expire.
21. Statement of case by Collector on
reference.— (1) In making
the reference the Collector shall state for the information of the Tribunal, in
writing under his hand:
(a) the
situation and extent of the land with particulars of any buildings and other
structures standing thereon;
(b) the
names of the persons whom he has reason to believe to be interested in such
land;
(c) the
amount of compensation, if any, awarded for the structures of buildings
standing on the land and the value assessed for the unsold plots and the
sources of income from the scheme still outstanding; and
(d) if
the objection be to the amount of compensation, the grounds on which the amount
of compensation was determined.
(2) To the said statement shall be attached
schedule giving the particulars of the notices served upon and of the
statements in writing made or delivered by the parties interested respectively.
22. Notice by Tribunal to persons
interested.— The Tribunal
shall thereupon cause a notice specifying the day on which it will proceed to
determine the objection and directing their appearance before it on that day,
to be served on the following persons, namely—
(a) the
applicant;
(b) all
persons interested in the objection, except (when the objection is not made by
the Improvement Trust) such, if any, of them as have consented without protest
to receive payment of the compensation awarded;
(c) if
the objection is in regard to the area of the land or to the amount of
compensation, the Collector.
23. Scope of enquiry.— The scope of the enquiry in such proceedings
before the Tribunal shall be restricted to a consideration of the interests of
the persons affected by the objection.
24. Decision
of Tribunal.— (1) The Tribunal may, on any reference made to it, make any order
regarding the payment of any compensation to any person proved to be entitled to
it and may either maintain or modify the award of the Collector:
Provided
that the Tribunal shall not question the amounts notified by the Government
under section 13 of this Act as the cost of a scheme and income therefrom.
(2) Every such
award shall be in writing and signed by the President of the Tribunal, and
shall be deemed to be a decree and the statement of the grounds thereof, a
judgment, within the meaning of sub-sections (2) and (9), respectively of
section 2 of the Code of Civil Procedure, 1908[9][9].
25. Costs.— Every award of the
Tribunal shall also determine the amount of the costs incurred in the
proceedings by the parties thereto and the person by whom and the proportions
in which they shall be paid:
Provided
that no order for the payment of costs shall be made against the Improvement
Trust unless, in the opinion of the Tribunal, the value of the plots unsold and
of the material and sources of income outstanding as notified under section 1
of this Act is found to have been assessed by the Collector at a rate not
exceeding 50 percent of their value as determined by the Tribunal.
26. Interest not to be awarded.— The Improvement Trust shall not be required
to pay interest on any amount awarded as compensation and tendered in
accordance with the order of the Collector.
27. Collector to disburse amount awarded in
excess by Tribunal.— (1) The
amounts, if any, awarded by the tribunal in excess of the compensation awarded
by the Collector, shall be placed at the disposal of the Collector by the Improvement
Trust, and the Collector shall disburse, deposit, invest or dispose of the same
in the manner stated in sections 17 and 18, as if it were the amount deposited
on account of the award made by himself.
(2) The Collector shall also in like manner
disburse, deposit, invest or dispose of the compensation due for the land,
title to which is disputed before him, in accordance with the decision of the
Tribunal.
28. Tribunal’s power to summon witnesses,
etc.— (1) For the purposes
of enquiries under this Act the Collector and the Tribunal shall have power to
summon and enforce the attendance of witnesses, including the parties
interested or any of them, and to compel the production of documents by the
same means and (so far as may be) in the same manner as is provided in the case
of Civil Courts under the Code of Civil Procedure, 1908[10][10].
(2) Proceedings
of Tribunal.— All proceedings of the Tribunal shall take place in open
court and all persons entitled to practice as legal practitioners in any Civil
Court in the [11][11][Punjab] shall be entitled to appear, plead
and act (as the case may be) in such proceedings.
29. Meeting of
Trust to sanction proceedings.— (1) An Improvement Trust shall not exercise its powers
under this Act, or act otherwise for the acquisition and possession of land or
for the execution of any scheme under this Act unless approval thereto is
accorded in a meeting of the Improvement Trust held after a notice of at least
seven days.
(2) The quorum for all such meetings shall be
not less than three, and the decision of the majority shall prevail.
30. Consequences of erection, etc., in
contravention of sanctioned scheme.— (1) If any person without the permission of the Trust, erects,
re-erects, adds to, or alters any building in contravention of any scheme
sanctioned by the Trust under this Act for any damaged area, the Chairman of
the Improvement Trust may—
(a) by
a written notice direct that the building alteration, or addition be stopped;
and
(b) require
such building, alteration or addition to be altered or demolished as he may
deem necessary.
(2) Notwithstanding anything contained in any
other law for the time being in force, no person shall have a right to claim
compensation for any damage done in the execution of the requisition of the Chairman
under the foregoing sub-section.
31. Protection of Government, etc.— No suit, prosecution, or other legal
proceeding shall lie against the Government or an Improvement Trust or any
person for anything done or purporting to have been done in pursuance of this
Act or in the framing, supervision or execution of any scheme thereunder.
32. Penalties.— Any person who—
(a) fails
to deliver possession when required to do so by the Collector under this Act;
(b) obstructs or molests any person in the service
of an Improvement Trust, or any person acting under the authority or directions
of such person, or any person with whom the Trust has entered into a contract,
or any person acting under the authority or direction of such person, in the
execution of his duty or of anything which he is empowered or required to do
under this Act; or
(c) removes any mark set up for the purpose of
indicating the boundaries of any damaged area or any part thereof, or any level
or direction necessary to the execution of any scheme under this Act;
shall be punishable with rigorous
imprisonment which may extend to two years or with fine which may extend to Rs.
1,000 or with both.
33. Initiation of complaints.— No prosecution for any offence punishable
under this Act shall be instituted except on a complaint in writing made by the
Chairman of the Improvement Trust within the local area of which the offence is
committed.
34. Rules.— The Government may, by notification, make such rules as appear to it
to be necessary or expedient for giving effect to the provisions of this Act.
35. Savings.— Everything done, action taken, obligation,
liability, penalty or punishment incurred, inquiry or proceeding commenced,
officer appointed or person authorised, jurisdiction or power conferred, rule
made and order issued under any of the provisions of the Punjab Damaged Areas
(Development) Ordinance, 1948[12][12], shall be continued, and so far as may be,
be deemed to have been respectively done, taken, incurred, commenced,
appointed, authorised, conferred, made or issued under this Act and any
document referring to any of the said provisions shall, so far as may be, be
construed to refer to the corresponding provision of this Act.
[1][1]This Act was passed by the
Punjab Assembly on 14th January, 1952; assented to by the Governor of the
Punjab on 31st January, 1962; and, published in the Punjab Gazette (Extraordinary),
dated: 6th February, 1952, pages, 111-124.
[2][2]It ceased to operate on 25th
January, 1952, that is, six weeks after the first assembly of the new
Legislature which took place on 14th December, 1951.
[8][8]Substituted, for the words
and figures “Pakistan Penal Code, 1860”, by the Punjab Laws (Adaptation,
Revision and Repeal) Act, 1954 (XV of 1955), section 2, Schedule I, Part III.
[11][11]Substituted, for the word
“Province”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1),
Schedule II.
[12][12]It expired on 16th February,
1948, that is, six weeks after the first assembly of the Legislature which took
place on 5th January, 1948.
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