1THE
PUNJAB SOIL RECLAMATION ACT, 1952
(XXI of 1952)
[14th July, 1952]
An
Act
to provide for the
speedy reclamation and improvement of the areas damaged by thur and sem 2[for
preventing further damage and for maximizing agricultural production].
Preamble.— WHEREAS it is expedient to
make provision for the speedy
reclamation and improvement of the areas damaged by thur and sem,3[for preventing further damage and
for maximizing agricultural production];
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1.
Short title,
extent and commencement.— (1) This Act may be called the 4[Punjab] Soil Reclamation Act, 1952.
(2)
It extends to
the whole of 5[the Punjab except
the Tribal Areas.]
(3)
It shall come into force at once, but the provisions of
Chapters IV to VI shall apply only to such areas and from such date as may be
specified in the notification issued under section 27.
2.
Definitions.—
In this Act unless there is anything repugnant in the subject or context—
(i) “Board”
means the 6[Punjab Land and
Water Development Board] appointed under this Act;
7[(ii) “canal officer”
means an officer defined
as such in the
Canal and Drainage Act, 18738,
or the Sind Irrigation Act, 18799,
as may be applicable to the area, and includes any officer appointed under this
Act to exercise all or any of the powers of a canal officer;
(iii)
“canal”, “water-course” and “drainage work” have the
same meanings as are assigned to them respectively in the Canal and Drainage
Act, 187310, or the Sind
Irrigation Act, 187911, as may
be applicable to the area;]
(iv)
“Chairman” means the Chairman of the 12[Punjab Land and Water Development Board] appointed under section 4
of this Act;
(v)
“Collector” includes any officer appointed under this
Act to exercise all or any of the powers of a Collector;
(vi)
“Commissioner” includes any officer appointed under
this Act to exercise all or any of the powers of a Commissioner;
1
This
Act was passed
by the Punjab Assembly
on 10th May, 1952;
assented to by the
Governor of the Punjab
on 20th June, 1952;
and, published in
the Punjab Gazette (Extraordinary), dated :14th July, 1952,
pages 299-350.
2
Substituted,
for the words
“and for preventing
further damage”, by
the Punjab Soil Reclamation West Pakistan (Amendment)
Ordinance, 1964 (V of 1964).
3 Ibid. 4
The
word “Punjab”, which
was omitted ibid., was
re-introduced by the
Punjab Laws (Adaptation) Order,
1974 (Pb A.O. 1 of 1974).
5
The words “West Pakistan except the Tribal
Areas” were substituted, for the word “Punjab” by the Punjab Soil Reclamation
West Pakistan (Amendment) Ordinance, 1964 (V of 1964). The words “West
Pakistan” were substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O.
1 of 1974). 6
Substituted, ibid., for the words “West
Pakistan Land and Water Development Board”, which were substituted for “Punjab
Soil Reclamation Board” by the Punjab Soil Reclamation West Pakistan (Amendment)
Ordinance, 1964 (V of 1964).
7
Substituted by the Punjab Soil Reclamation
West Pakistan (Amendment) Ordinance, 1964 (V of 1964), for the original clauses
(ii) and (iii). 8
VIII of 1873.
9
Sind Act VII of 1879.
10
VIII of 1873.
11
Sind Act VII of 1879. 12
Substituted,
for the words “West Pakistan Land and Water Development Board”, by the Punjab Laws (Adaptation) Order, 1974
(Pb
A.O. 1 of
1974), which were substituted, for
“Punjab Soil Reclamation Board” by the Punjab Soil Reclamation West Pakistan
(Amendment) Ordinance, 1964 (V of 1964).
(viii)
“District” means a district as fixed for revenue
purposes;
(x)
“holding” means a share or portion of an estate held by
one land owner or by two or more land owners jointly;
(xi)
“improvement” means improving or preserving the
productive capacity of a soil;
(xii)
“land” includes land as defined in clause (a) of
section 3 of the Land Acquisition Act, 189415;
(xiv)
“local area” means an area to which the provisions of
Chapters IV to VI of this Act have been extended;
(xv)
“local authority” has the same meaning as in section 2
of the Local Authorities Loans Act, 191417;
(xvi)
“Member” means member
of Soil Reclamation
Board appointed under section
4
of this Act;
[4][(xvi-A)
“officer” means an
officer of the
Board other than
the Chairman or a member;]
(xvii)
“Prescribed” means prescribed by rules made by
Government under this Act;
(xviii)
“Reclamationfee” means a fee imposed for soil
reclamation under this Act;
(xix)
[5][“rent”
includes rent as
defined in any
law relating to tenancy for the time being in force in the
area;]
(xx)
“scheme” means a scheme framed under this Act;
(xxii)
“sem” means the rise of sub-soil water-table so high
that the water actually oozes out of the land or the land remains constantly
damp and where the context so permits “sem”, “sem land” or “sem affected land”
means any land or area affected by “sem” and includes such land or areas as may
by notification be declared as “sem” from time to time;
(xxiii)
[7][“soil
reclamation” and “reclamation” means rendering thur and sem lands free from excessive salts and water respectively
so as to make them fit for normal cropping and include—
(a)
measures against deterioration of land;
(b)
total development of the area with a view to maximizing
agricultural production; and if any, question arises—
(1)
whether any matter comes within the purview of the
terms “soil
reclamation”
and “reclamation” or not, or
(2)
as to the extent of reclamation operations carried out,
or required to be carried out in any area, the question shall
be referred to the
Board, whose decision shall
be final and
shall not be
called in question by or before
any Court.]
(xxiv)
“tenant” includes the predecessors and
successors-in- interest of a tenant;
(xxv)
the expressions “tree”, “timber” and “cattle” have the
meanings respectively assigned
thereto in the Forest Act, 1927[8];
(xxvi)
“thur” means salt efflorescence at the surface of the
land rendering the surface white, ash coloured, black or brown, or not
discoloured but presenting an oily
appearance and where the context so permits
“thur”, “thur land” or “thur affected land” means any land or area affected
by thur and includes such land
or area as may
by notification be declared as “thur” from time to time;
(xxvii)
“Tribunal” means a Tribunal constituted under this Act;
and
(xxviii)“tubewell” means
well, worked with
electric or thermal power to draw out subsoil water.
CHAPTER II
CONSTITUTION OF THE BOARD
3. The Board a body
corporate.— The duty and power of carrying out the provisions of this Act
in any local area shall, subject to the conditions and limitations hereinafter
contained, be vested in the Board which shall be a body corporate, and shall
have perpetual succession and a common seal, and shall be competent to sue and
be sued in its name.
[9][4. Constitution of the Board and term of
office of members.— (1) The Board shall consist of—
(a)
Chairman appointed by Government, who shall not be
below the status of Member Board of Revenue, [10]West
Pakistan;
(b)
five members, who shall be Secretaries to Government of
[11][the
Punjab] in the Departments of Finance, Irrigation, Agriculture, Co-operation,
Basic Democracies, and Local Government;
(c)
Chairman, 26[the
Punjab] Water and Power Development Authority; and (d) Chairman, [12][the
Punjab] Agricultural Development Corporation.
(2) Every member
shall be appointed by virtue of office and continue to be a member so long so
he holds that office.
5. Power of
Government to alter membership of the Board.— Government shall have the
power to alter the membership of the Board as and when considered necessary.]
CHAPTER III
PROCEEDINGS OF THE BOARD, ITS COMMITTEES, OFFICERS AND SERVANTS AND
SUPPLY OF INFORMATION TO GOVERNMENT
6.
Meetings of
the Board.— (a) The Board shall ordinarily meet for the transaction of
business at least once [13][in
two months] at such time as the Chairman may fix, provided that the Chairman
may, whenever he thinks fit, and shall, upon the written request of not less
than two members, and within 10 days of the request, call a special meeting.
(b)
The quorum necessary
for the transaction
of business at an
ordinary or special meeting shall be three, provided that if at any such
meeting a quorum is not present, the Chairman or if he be not present the
Secretary subject to such directions as
the Chairman may have given, shall adjourn the meeting to such other day
as he may think fit and the business which would have been brought before the
original meeting, if there had been a quorum present, shall be brought before
and transacted at the adjourned meeting whether there be a quorum present or
not.
(c)
At every meeting the Chairman, if he be present, and in
his absence such one of the members present as may be chosen
by the meeting, shall preside.
(d)
All questions which come before any meeting shall be
decided by a majority of the votes of the members present, the Chairman of the
meeting in case of an equality of votes having a second or casting vote.
(e)
(i) Minutes of the proceedings with the names of the
members present at each meeting shall be drawn up and recorded in a book to be
kept for the purpose, and shall be signed by the person presiding
at the meeting
within one week
of the meeting to which these
relate, and shall at all reasonable
times be open to inspection by any member, and no member shall be entitled to
object to the minutes of any meeting unless he was present at the meeting to
which they relate.
(ii) The minutes
of a meeting
shall be put
up at the next
meeting and shall be confirmed with such alterations as
may be necessary to bring them in accord
with the true facts of the proceedings of the meeting.
7.
Temporary
association of members with the Board.— (1) The Board may associate with
itself in such manner and for such period as may be prescribed by bye-laws made
under section 49, any officer of a Government department or other person whose
assistance or advice it may desire in carrying out any of the provisions of the
Act.
(2)
An officer or person associated with itself by the
board under sub- section (1) for any particular purpose, shall have a right to
take part in the discussions of the Board relative to that purpose, but shall
not have a right to vote for its decision and shall not be deemed to be a
member of the Board or be entitled even to take part in discussion regarding
any purpose other than the purpose for which he was associated.
8.
Constitution
and functions of Committees.— (1) The Board may from time to time appoint Committees consisting of such
persons of any of the following classes as it may deem fit, namely:-
(i)
members;
(ii)
persons associated with the Board under section 7; and
(iii)
other persons whose services, assistance or advice the
Board may desire as members of such committees;
provided that no
such Committee shall consist of less than three persons and that at least one
of them shall be a member of the Board and the Secretary shall be ex-officio Secretary of every such
Committee.
(2)
The Board may:-
(a)
refer to a
Committee for inquiry
and report any
matter relating to any of the purposes of this Act; and
(b)
delegate to a Committee by resolution and subject to
any bye-laws made under section
49, any of
the powers or duties of the Board.
(3)
The Board may
at any time
dissolve or, subject
to the provisions of subsection
(1), alter the constitution of any Committee.
(4)
Every Committee shall conform to instructions given to
it by the Board from time to time.
(5)
All proceedings
of a Committee shall be subject to confirmation by the Board.
(6)
Any person associated with the Board under sub-section
(1) of section 7 or appointed as member of a Committee under clause (iii) of
sub-section (1) shall be entitled to receive such remuneration as may be [14][fixed
by the Board.]
9.
Meetings of
Committees.— (1) Committees appointed under section 8 may meet and adjourn
as they think proper; but the Chairman of the Board may whenever he deems fit
call a special meeting of any such Committee, and shall call a
special meeting upon the written request of not less than two members of the
Committee within 10 days of the receipt of the request.
(2)
A meeting of a Committee shall be presided over;
(i)
by the Chairman if he be present; or
(ii)
if the Chairman be not present and there be present
only one member of the Board who is on the Committee, by such member; or
(iii)
if there be not present the Chairman but there be
present more than one members of the
Board who are on the Committee by any one of them chosen by the Committee for
the purpose; or
(iv)
if there is no member of the Board present who is on
the Committee, by any member of the Committee chosen by the Committee.
(3)
All questions which come before any meeting of a
Committee shall be decided by a majority of the votes of the members present,
the person presiding at the meeting having a second or casting vote in case of
equality of votes.
(4)
No business shall be transacted at any meeting of a
Committee unless at least two of its members are present. In the case of want
of quorum the Chairman
or if he
be not present the
Secretary shall proceed under the
provisions of the proviso to section 6(1)( b ).
[15][10. Appointment of officers etc.— (1)
The Board may appoint such officers,
advisers and servants as it considers
necessary for the efficient performance of its functions on
such terms and conditions as it may deem fit.
(2) The Chairman
may, in cases of emergency appoint such officers, advisers or servants on such
terms and conditions as he thinks fit:
Provided
that every such
appointment shall be
reported to the Board
without unreasonable delay and shall not continue beyond six months
unless approved by the Board.]
31[11. Recruitment, conditions of service
and disciplinary powers.— (1) Procedure for the appointment of
the officers and servants of the Board and the terms and
the conditions of their service shall be such as may be provided by bye-laws.
(2) Subject to
rules and bye-laws, the Board shall be competent to take disciplinary action
against its officers and servants.]
12. Control by
Chairman.— The Chairman shall exercise supervision and control over all
officers and servants of the Board and subject to the foregoing sections, shall
dispose of all questions relating to the service of these officers and servants
and their pay, privileges and allowances.
[16][13. Delegation of powers.— (1) The
Board may delegate to the Chairman or any member or officers any of its powers
under this Act or the rules or bye-laws.
(2) The Chairman
may likewise delegate
to any member
or officers any of his powers under this Act or the rules or bye-laws,
not being a power delegated to him by the Board under sub-section (1).]
14.
Supply of
information and documents to Government.— (1) The Chairman shall forward to
the Government a copy of the minutes of the proceedings of each meeting of the
Board within ten days from the date on which such minutes are signed as
prescribed in clause ( e) of sub-section (1) of section 6.
(2)
If the Government so directs in any case the Chairman
shall forward to it a copy of all the papers which were laid before the Board
for consideration at any meeting.
(3)
the Government may require the Chairman to furnish it
with:-
(i)
any return, statement, estimate, statistics or other
information regarding any matter under the control of the Board; or
(ii)
a report on any such matter; or
(iii)
a copy of any document in the charge of the Chairman,
or in the office of the Board.
The Chairman shall comply with
every such requisition without unreasonable delay.
15.
Scrutiny of
soil reclamation activities of other departments.— The Board shall have
powers, subject to any rules that may be framed by the Government, to scrutinize the activities of other
departments affecting soil reclamation.
16.
Use of
mechanical plants of departments.— The Board shall be provided, subject to
any rules that may be framed by the Government, if necessary, mechanical plants
belonging to the various departments.
CHAPTER IV
SCHEMES AND PROCEDURE TO BE FOLLOWED IN FRAMING
THEM
17.
Scheme for
reclamation.— The Board may on its own motion or on the application of any
owner or any person interested in land within a local area frame or require a
department [17][or
any other agency] to frame, a scheme for reclamation of the local area or part
thereof or for prevention of the spread
of thur or sem likely in the opinion
of the Board to threaten the local area in the near future 34[Providing amongst others for all] or
any of the following matters:-
(i)
The acquisition under the Land Acquisition Act, 1894,
as modified by this Act, of any land or any interest in land
necessary for or affected by the execution of the scheme.
(ii)
The acquisition by purchase, lease, exchange or
otherwise of such land or interest therein.
(iii)
The retention, letting on hire, lease, sale, exchange
or disposal otherwise of any land vested in or acquired by the Board.
(iv)
The relaying of any land comprised in the scheme and
reservation of any part thereof not exceeding one-fifth of the total area for
the common purposes of the village or
villages comprised totally or partially in the scheme, and the redistribution
of the rest of the land among the owners of the property comprised in the
scheme, and management of lands reserved for common purposes.
(v)
The layout and
construction of villages
including the demolition of the existing
buildings by the Board or by the owners and by the Board in case of default by
the owners.
(vi)
The provision of facilities for communication including
the layout and the alteration of roads,
streets, footpaths, bridle paths and waterways.
(vii)
The breaking up, cultivation, afforestation or
plantation of lands, and the raising, lowering or reclamation of any land for
the production of foodgrains, fruits,
vegetables, fuel, fodder and the
like and the
provisions of means
of irrigation and irrigation channels by the Board or by the owners, and the Board in
default of owners, the cost being recoverable
from the owners
in the latter case, if considered justified by the Board.
(viii)
The draining of villages and land.
(ix)
The provision of a system of drains, open or covered
and outfalls for the improvement of ill-drained lands.
(x)
The provision of fisheries, poultry farms, live-stock
farms, dairy farms, sheep farms, bee farms, sericulture farms and the like.
(xi)
The installation, management and maintenance of tube-
wells and lifting and disposal of
underground waters by other means.
(xii)
The doing of all acts intended to promote the health,
well being and prosperity
of the residents of
a local area, including the
soil conservation and preservation from injury or pollution of rivers and other
sources and means of water-supply.
(xiii)
The advances to the owners, occupiers or tenants of
land comprised in the scheme upon such term and conditions as may be prescribed
under the scheme of the whole or part of the capital requisite for breaking up
and cultivation of land, construction of watercourses, digging drains, laying
pipes overground and underground, sinking
of wells, purchase of cattle,
agricultural implements, machinery and seeds and for any purposes subsidiary to
agriculture and for erection of houses, godowns and cattle sheds.
(xiv)
The establishment of an insurance fund for insurance on
compulsory or voluntary basis of
crops, and cattle, recovery for insurance premia, contribution and
distribution of benefits from the insurance fund subject to the provisions of
any law applicable thereto.
(xv)
The execution or carrying out of survey of any scheme
or part of the scheme by
any department on such terms and
conditions as may be agreed upon between the Board and the Government.
(xvi)
Replacement of canal water-supply by tube-well or open
well in part or whole.
(xvii)
Carrying out of research work relating to soil
reclamation through any department where the facilities exist or can be
provided for.
(xviii)
Carrying out of lining of channels in consultation with
the Irrigation Department where the
Board considers such a measure desirable.
(xix)
All other matters which the Board with the approval of
the Government or the Government may
deem necessary to promote the general
efficiency of a scheme
or for the reclamation and improvement of any local
area.
(xx)
Notwithstanding
anything contained in
the Canal and Drainage Act, 1873[18],
to provide for, in a local area—
(a)
the improvement, alteration, extension or curtailment
of any watercourse;
(b)
the amalgamation or separation of any irrigation chak;
(c)
the transfer of any area from one source of irrigation
to another;
(d)
the temporary increase or decrease of water allowance
to any area or total curtailment of water-supply;
(e)
the alteration, amendment or cancellation of any order
already in force regarding the distribution of water on any water-course
or the mutual rights or liabilities in
respect of the use, construction or maintenance
of a watercourse or the issue of a fresh order superseding any existing order
or mutual agreement;
(f)
the prohibition of growing of any crops or laying down
any specific crop
rotation;
(g)
the application of any type and quantity of manuring
whether green, artificial or farm yard; and
(h)
the construction of any field drains and drainage
works.
18.
Publication
of notice as to schemes and supply of documents to applicants.— (1) when a
scheme under this Act has been framed, the Board shall prepare a notice
stating:-
(i)
the fact that the scheme has been framed;
(ii)
the boundaries of the locality comprised in the scheme;
and
(iii)
the place at which details of the scheme including a
statement of the land proposed
to be acquired
or on which
it is proposed to charge a reclamation fee and a general map of the locality
comprised in the
scheme, may be inspected during specified hours.
(2)
The Board shall—
(i) cause the said notice to be
published weekly for three consecutive
weeks in the official
Gazette and in a
newspaper or newspapers selected by the Chairman for the purpose specifying the
period which shall not be less than 30 days within which objections against the
scheme will be received; and [19][(ii)
send a copy of the notice to—
(a)
the Deputy Commissioner of each District and the
Chairman of each District Council and
Union Council within whose jurisdiction the whole or any part of the
locality comprised in
the scheme is situated and ask them to send to the
Board, within six weeks from the date of the receipt of the copy of the notice;
any representation which they may wish to make in respect of the scheme; and
(b)
each police-station and patwarkhana within whose jurisdiction the
whole or any part
of the locality comprised in the scheme is situated
for displaying it at a conspicuous
place in the
police-station or patwarkhana, as the case may be, for
public information.]
(3)
The Chairman shall cause copies of the documents
referred in clause (iii) of subsection (1) to be delivered to any person
applying for the same on payment of such fees as may be prescribed.
19.
Notice of
proposed acquisition of land.— (1) During the thirty days next following the first day on which any notice
is published under section 18 in respect of any scheme under this Act, the
Board shall serve a notice on—
(i)
every person whom the Board has reason to believe after
due enquiry to be the owner of any immovable property which it proposes to
acquire for executing the scheme [20][*
* *].
(ii)
the occupier or tenant (who need not be named) of such
premises or land as the Board proposes to acquire for executing the scheme.
(2)
Such notice shall—
(a)
state that the Board proposes to acquire such property [21][*
* *] for the purposes of carrying out a
scheme under this Act, and
(b)
require such person, if he objects to such acquisition [22][*
* *] to state his reason in writing within a period of 30 days from the service
of the notice.
(3)
Every such notice shall be signed by the Chairman or by
an officer of the Board authorised by him.
20.
Consideration
of objections and application for sanction of scheme.— After the expiry of the period respectively
prescribed in clauses (i) and (ii) of sub-section (2) of section 18 and clause
(b) of sub-section (2) of section 19, the Board shall consider any objection or
representation received in response to the notice and after hearing all persons
making any such objection or representation who may desire to be heard in
person or through representative, the Board may either abandon the scheme or
apply to the Government for sanction of the scheme as originally framed or with
such modifications as the Board may deem necessary.
(2)
The application made by the Board to Government under
sub- section (1) shall be accompanied by—
(i)
complete plans and details of the scheme and an
estimate of the cost of executing it;
(ii)
a statement of the reasons for modifications, if any,
made in the scheme as originally framed;
(iii)
a statement of
objections and representations, if
any, received under section 18 ;
(iv)
a list of
the names of
the persons, if
any, who have objected under clause (b) of sub-section
(2) of section 19,to the proposed acquisition of their property [23][*
* *] and a statement of the reasons given for such objections; and
(v)
a statement of the arrangements made or proposed by the
Board for the resettlement or rehousing of persons who are likely to be
displaced by the execution of the scheme.
21.
Government
may sanction, reject or return scheme.— (1) The Government may sanction
with or without
modifications, or may refuse
to sanction or
may return for reconsideration any
scheme submitted to it under section 20.
(2)
If a scheme returned for reconsideration under
sub-section (1) is modified by the Board, it shall be re-published in
accordance with the provisions of section 18, in every case in which the
modification affects the boundaries
of the locality
comprised in the
scheme or involves the
acquisition of any land not previously
proposed to be acquired, or the levy of reclamation fee on the land
which was not previously proposed to be
liable to such reclamation fee.
22.
Notification
of sanction of scheme.— (1) Whenever the Government sanctions any scheme
under this Act, it shall announce the fact by notification, and the Board shall
forthwith proceed to execute the scheme.
(2)
A notification under sub-section (1) in respect of any
scheme shall be conclusive evidence that the scheme has been duly framed and
sanctioned and shall not be called into question by or before any court.
23.
Alteration
of scheme after sanction.— A scheme sanctioned by government under this
Act, may be modified by the Board at any time during its execution:
Provided that—
(a)
if any modification is estimated to increase the
estimated net cost of executing the scheme by more than rupees five laks or 20
per cent of the
said estimated net cost,
whichever is less,
such modification shall not be made without the previous sanction of the
Government, or
(b)
if any modification involves the acquisition, otherwise
than by agreement of any land,
the acquisition of
which was not included
in the scheme
sanctioned by the government
or involves the levy of reclamation fee on land not liable to such
fee under the
said scheme, the
procedure prescribed in the
foregoing sections of this chapter shall, so far as applicable, be followed as
if the modifications were a separate scheme.
[24][24. Merging of different schemes in one
consolidated scheme.— The Board may
any time merge in
one consolidated scheme
any number of schemes in
operation, framed or proposed to be framed under this Act.]
25.
Passing over
of works and services to owners.— As soon as any scheme has been executed
by the Board or at a later date, the Board may
by written requisition
call upon the owner
or owners of any particular area covered by the scheme
to take over and maintain any of the works and services in that area and the
owner or owners shall be bound to comply with such requisition.
26.
Control over
underground water.— (1) As soon as a scheme for a local area or part
thereof is sanctioned as notified under sub-section (1) of section 22, the use
of underground waters in that area except the water used for domestic purposes
or for watering livestock shall come under control of the Board. The Board
shall frame rules to define, for different areas from time to time, the uses
which are to be included in the term “domestic purposes or watering livestock”.
(2)
As soon as it is practicable after the issue of the
notification under sub-section (1) of
section 22, the Collector shall cause public notice to be given at convenient
places in the area concerned stating that the use of underground waters in the
said area is controlled, and that all persons using underground waters, for purposes other than domestic or
for watering livestock, through tube-wells, wells and other appliances worked by
electricity, steam, oil or wind power,
should have all such tube-wells and wells and appliances existing on the date
of the
notification registered in
the office of
the Collector or the
Divisional Canal Officer, as directed, within a period not exceeding three
months from the date of the issue of such public notice.
(3)
After
publicity of the
notice under sub-section
(2) of this section, any owner or occupier of land
who desires to put up any new tube-well or well, worked by electricity, steam,
oil or wind power for using underground
waters, for any purpose other than domestic or for watering livestock, shall
apply for a licence to the Board. The Board shall frame rules with the sanction
of Government to determine the form of
the licence, its terms and the officers by whom it shall be granted. Such rules
shall provide for a guarantee being obtained from the applicant before issue of the licence that if in the
opinion of the Board his appliance, within six months of its erection,
seriously affects any existing use of underground waters, he will either abandon the licence or pay
compensation as assessed by the Collector.
(4)
No claim or
suit shall lie
for damages against
the Board, Government or any other person, on account of any
ill-effects on the appliance of the licensee caused by the construction of a
tube-well or the working of any appliance for the removal or use of underground
water if the said appliance is erected or used in the manner prescribed by the
Board.
(5)
In the area for which the scheme has been sanctioned, the
Board may order any tube-
well or well, worked by electricity, steam, oil or wind
power, for using
underground waters, to be
closed down either temporarily during specified periods
of the year or permanently, provided that such order shall not prohibit the use
of underground waters by any owner
or occupier of land
for domestic purposes
and for watering livestock. In cases where permanent
closing down is ordered, the board shall either provide some alternative source
of water-supply or award reasonable compensation. In determining such
compensation, regard shall be had to the diminution in the market value, at the
time of making the order of closing down, of the property in respect of which
compensation is claimed and where such market value is not ascertainable, the
amount shall be reckoned at 12 times the amount of diminution of the annual net
profits of such property by the said closing down.
(6)
The Collector who will receive the application shall
proceed to enquire into any such
claim and to
determine the amount
of compensation, if any,
which should be given
to the claimant
and sections 8 to 11 (both inclusive), 25 to 39 (both inclusive), 50 to
56 (both inclusive) of the Land Acquisition Act, 1894, as modified by this Act
shall apply to such enquiries.
(7)
No claim for compensation for such permanent closing
down of appliances shall be made after the expiry of one year from the date of
the order unless the Collector is satisfied that the claimant had sufficient
cause for not making the claim within such period.
(8)
Any owner or occupier of land who puts up and uses any
tube- well or well, worked by electricity, steam, oil or wind power, without a
licence after the publicity of the
notice under sub-section (2) of this section or uses such an appliance in
contravention of an order under sub-section
(5) shall be
charged a special
rate for each
separate occasion on which such use is made. The Board with the sanction
of Government may frame rules to fix the amount of such rate and the manner in
which it will be levied. The amount declared to be due shall be payable on the
date so specified and in default shall be recovered as arrears of
land revenue and credited
to the Board
fund under the provisions of sub-section (2) of section
40.
CHAPTER V
POWERS AND DUTIES OF THE BOARD
27.
Notification
of local area.— (1) Whenever it appears to the Board that measures should
be taken in any area to reclaim any land affected by thur or sem under the provisions of this Act or that preventive
measures are necessary to stop spreading of thur
or sem or both, or stopping or
mitigating their appearance, it shall move
Government to issue
a notification specifying the area to be called local area to which the provisions of Chapters IV to VI
(both inclusive) of this Act will apply.
(2) If in the
whole or any part of the area mentioned in sub-section (1) the Board is of the
opinion that the measures mentioned in section 17 for soil reclamation are
necessary and are in view of the extent of cost beyond the resources of the individual owners or
occupiers, or that the individual owners or occupiers neglect or refuse to
carry out the measures required under section 28 (3) (e) the Government on being moved by the
Board may by notification declare that the whole or any part of that area shall
vest in the Board for the purposes of this Act for a period which shall be
specified in the notification and which may be
extended by Government from time to time by notification. Whenever any
such notification is issued all private rights of whatever kind existing in
respect of any land comprising the area
specified in the notification shall be suspended. The Government may lay down the terms and
conditions on which the said area shall vest in the Board.
28.
General
powers.— (1) The Board may subject to such rules as may be framed by
Government, undertake to carry out surveys for schemes including afforestation
and area treatment if
considered necessary,
execute works, and
incur any expenditure
for the improvement, reclamation
and lowering of sub-soil watertable in any local area.
(2)
The Board may enter into and perform all such contracts
as it may consider necessary or
expedient for carrying
out any of the
purposes of this Act.
(3)
Without prejudice to the generality of the powers
conferred by the preceding subsections, the Board may—
(a)
exercise powers in respect of the measures stated in
section 17 of this Act for any scheme;
(b)
grant land vested
in the Board
to any person
on any condition it thinks fit,
and for this purpose issue a statement or statements of conditions on which the
Board is willing to grant land to
tenants:
Provided that no
land which has been vested in the Board for management on behalf of the
Government shall be granted to
any person without
the statement of conditions having been approved by the
Government;
(c)
if satisfied that a tenant has committed a breach of
any condition of the tenancy,
after giving the
tenant an opportunity to
appear and state his objections impose
on him a penalty not exceeding five hundred rupees or resume the land so
granted:
Provided that if
the breach is capable of being rectified the
penalty shall not be imposed nor resumptions ordered without giving the tenant an opportunity of rectifying it
within 30 days of the receipt by him of
the notice to this effect, unless the Board is of the opinion, for reasons to
be recorded that such delay will frustrate the scheme:
Provided further
that when any land is so resumed the tenant shall be entitled to such
compensation for the standing crops and for improvements made by him during the
tenancy as may be determined by the Board, notwithstanding anything contained
in [25][any
other law relating to tenancy for the time being in force in the area];
(d)
take over and
reclaim any land
on such terms
and conditions as may be agreed upon between the Board and the owner or
owners thereof;
(e)
direct in respect of any area—
(1)
the levelling, terracing and raising embankments of
fields,
(2)
the afforestation of such area or part thereof,
(3)
the execution of earthworks in fields or ravines,
(4)
for the provision and construction of surface field
drains or sub-surface drains,
(5)
the training of streams,
(6)
field research,
(7)
the permitting by the owners and occupiers of sitting
of tube-wells and boring and use of water therefrom in place of that of canal,
(8)
the execution of such other works and the sowing of
such crops with specific rotation as are necessary in the opinion of
the Board to
protect the land from
the deteriorating action of
salts or water,
sub-soil or otherwise or for the
reclamation of such area;
[26][(9)
integration of surface and sub-surface irrigation supplies and replacement or
partial replacement of one with the other;]
(f)
direct that any work which has been required to be done
by any person under the preceding clause, and which remains
undone shall after due notice to such
person and consideration of any objection raised by him be executed by the
Board, and specify the portion in which the risk and expense of such work shall
be borne by such person, or by any other person who is held by the Board, upon
due enquiry after reasonable notice to him
to be responsible for the execution of such work, in whole or in part;
(g)
regulate,
restrict or prohibit
by general or
special order in respect of any area
—
(1)
the clearing or breaking up of land for cultivation,
(2)
the quarrying of stone and the burning of lime or
charcoal and extraction of salts,
(3)
the admission, grazing, herding, parking and retention
of cattle,
(4)
the felling, girdling, lopping, tapping or burning of
any tree or timber, and
(5)
the kindling, keeping or carrying of any fire;
(h)
direct the growing of a particular kind or type of
crops, trees, bushes or grasses in a particular area;
(i)
undertake the breaking of land, planting of trees,
construction of water-courses and do all necessary acts to bring land vested in
the Board under cultivation;
(j)
advance money either by way of grant or by way of loan,
or partly in one way and partly in other to any person for the purpose of
furthering any of
the objects of this
Act on such
terms and conditions as to
recovery of interest and subject to such terms and conditions as may be
prescribed by the Government;
(k)
make
arrangements for the
marketing of the
produce and manufactures of the
local area;
(l)
promote and undertake research on any matter in
furtherance of the objects of this Act;
(m)
take over temporarily such other land which may be
required to build offtaking and intaking channels and water-courses for the
reclamation of the local area; but in such a case any disturbance or loss
caused to the cultivation of the owner of such land shall be duly compensated
for by the Board, by levying such special charge on the area benefitted as may
be determined by the Board and the dimensions of the land needed, the position
thereof marked on a plan duly approved by the Board or an officer to
whom such powers are delegated shall be intimated to the owner mentioned in the
civil records or ascertained otherwise as the case may be by sending a written
notice per registered post to his last
known address seven days
before the work
is started; provided that when
the offtaking channel or the intaking water-course is in the opinion of the
Board no more needed for the purpose for which it was constructed, the land
shall be restored to the owner in its previous condition and all expenses
incurred for achieving that condition shall be realised by the Board from the
owner of the area benefitted.
(4) Any general
order made under this section shall be published in such manner as may be
prescribed.
29.
Power of
controlling and letting of land.— (1) The Board may with the previous
approval of the Government make orders—
(a)
providing for the terms and conditions on which—
(i)
land-holders or any class of land-holders in a local
area shall be let land for reclamation; or
(ii)
persons who at the
commencement of this Act
were in cultivating possession of
agricultural land may continue in such possession to reclaim land; and
(b)
specifying the person or class of persons to whom
agricultural land shall be let by land-holders.
(2)
An order made under the provisions of sub-section (1)
shall have effect notwithstanding anything contained in any law regulating the
letting of land for cultivation in force in the locality to which that order
applies, or any notice sent or thing done under such law.
(3)
On the written
application of the
Board, any Magistrate
or Police Officer having jurisdiction in the area shall summarily eject
any person who is in cultivating
possession of any agricultural
land contrary to the provisions of an order made under sub-section (1)
and shall on similar
application summarily restore
possession to any person named in the application and for
doing so may use such force as may be necessary for the purpose.
(4)
In this section “land-holder” means any person who in
accordance with any law or of any custom having the force of law has the right
to let land for cultivation.
30.
Facility in
the movement of population.— In order to facilitate the movement of the
population in and around a local area, the Board, may from time to time—
(a)
subject to any conditions it may deem fit to impose—
(i)
guarantee the payment from the funds at its disposal of
such sums as it may deem fit, by way of interest on capital expended on the
construction, maintenance or working of means of locomotion; or
(ii)
make such payments as it may deem fit from the said
funds, by way of
subsidy to person undertaking
to provide, maintain and work any
means of locomotion; or
(b)
either singly or in combination with any other person
or body, construct, maintain and work any means of locomotion, under the
provisions of any law applicable thereto; or
(c)
construct, widen, strengthen or otherwise improve
bridges: Provided that no guarantee or subsidy shall be given or made under
clause (a) and no means of locomotion shall be constructed, maintained or
worked under clause
(b) without the previous sanction of Government.
31.
Surveys or
contribution towards their cost.— The Board may—
(a)
cause a survey of any land to be made when it considers
that a survey is
necessary or expedient for
the carrying out of any of the purposes of this Act; or (b) contribute towards
the cost of any such survey made by any other authority.
32.
Power of entry.—
(1) The Chairman or any person acting under the general or special order of
the Chairman may enter upon any land with such men, animals, vehicles,
appliances and instruments as necessary and undertake investigations, surveys
or levels thereon, and dig and bore into the sub-soil, and make and set up
suitable land marks, pillars, levels
marks and water gauges, and do all acts required for the determination of areas
and intended lines of works, construct channels and aqueduct or alter them for securing the flow of water,
and do all other acts which may be necessary in order to carry out all or any
of the objects of the Act:
Provided that
when the affected land does not vest in the Board, powers conferred by this
sub-section shall be exercised in such manner as to cause the least interference with and the least damage to the
rights of the owner therein [27][:]
[28][Provided
further that where a Chairman or any person acting under his orders proposes to
enter into any building or enclose court or garden attached to dwelling house, he shall previously give to
the occupier of such building, enclosed
court or garden such reasonable notice as the urgency of the case may allow.]
(2) It shall be
lawful for any person authorised under sub-section (1) to make an entry for the
purpose of inspection or search, to open or cause to be opened a door, gate or
other barrier—
(a)
if he considers
the opening thereof
necessary for the purpose of such entry, inspection or
search; and
(b)
if the occupier or owner, as the case may be, is absent
or being present, refuses to open such door, gate or barrier:
Provided that
the compensation shall be paid for the damage caused in such manner as the
Board may prescribe by bye-laws and in case of dispute as to its adequacy, the
matter shall be referred to the Tribunal.
CHAPTER VI
ACQUISITION, ABANDONMENT OF ACQUISITION OF LAND
AND LEVY OF RECLAMATION FEE
33.
Modification
of Act I of 1894.— For the purpose of compulsory acquisition of land by the
Board, the Land Acquisition Act I of 1894 shall be deemed to have been modified
as indicated in the schedule to this Act.
34.
Acquisition
of land in urgent cases.— (1) The Government may by notification in the
official Gazette declare any locality comprised in a local area to be acquired
immediately for the purposes of reclamation or any other purpose connected therewith, and direct the Board to
undertake in respect of such locality all or any such matters as may be
included in a scheme under section 17.
(2)
After a notification has been issued under sub-section (1)
in respect of any locality, the Board may apply to the Collector who after
giving such reasonable notice to the owners and occupiers as may be prescribed,
shall deliver possession of any land in such locality to the Board and
the land shall
thereupon, notwithstanding anything contained in the Land Acquisition
Act I of 1894, vest absolutely in the Board
free from all
encumbrances subject only to
payment of compensation under
the Land Acquisition Act, 1894, as modified in the schedule referred to in
section 33 of this Act.
(3)
The Board shall in respect of any such locality do all
such acts as it may be required to do by
the notification and shall proceed to frame a scheme under section 17 as soon
as may be possible.
35.
Tribunals.— (1)
For the purpose of performing the functions of the Court in reference to the
acquisition of land for the Board under the
Land Acquisition Act
I of 1894
as modified by this
Act, the Government may by
notification, constitute one or more
Tribunals, and may define the local limit of their jurisdictions.
(2)
The
Tribunal shall consist
of three members
namely a President and two
Assessors chosen by the Government.
(3)
The President of the Tribunal shall be a person
qualified to be a Judge of the High Court.
(4)
The term of office of the President and Assessors of
the Tribunal shall be three years and they shall be eligible for reappointment.
(5)
The Tribunal shall be deemed to be the Court and the
President shall be deemed to be the Judge for the purpose of compulsory
acquisition under the Land Acquisition Act I of 1894, as modified by this Act.
(6)
The President of the Tribunal, shall have the powers of
a Civil Court under the Code
of Civil Procedure,
1908, for purposes
of contempt of Court proceedings, to summon and enforce the attendance
of witness and to compel the production of documents by them.
(7)
The Government may, at its discretion, remove any
member of the Tribunal and appoint any other person in his place.
(8)
The Government may, by notification, frame rules
providing for—
(a)
the emoluments or allowances to be paid to the
President and the Assessors of the
Tribunal and other conditions of their service;
(b)
the employment by the President of such ministerial
staff as is necessary to carry out the work of the Tribunal, and the fixation
of scales of pay of such staff;
(c)
the grant of leave, promotion, or taking of
disciplinary actions by the President in respect of the ministerial staff; and
(d)
generally for the conduct of business before the
Tribunal.
(9)
For the purpose of the award to be made by the Tribunal
under the Land
Acquisition Act I of 1894, the following rules shall apply,
that is to say—
(a)
if there is disagreement between the members of the
Tribunal regarding measurement of land, or the amount of compensation or costs,
the opinion of majority shall prevail;
(b)
the decision on questions of law and procedure shall
rest solely with the President; and it
shall also be for him to decide whether a matter is a question of law or not;
(c)
the President shall not be bound to consult the
Assessors relating to the determination of persons to whom compensation is to
be paid, or apportionment thereof, and may in his discretion dispose of such
question singly and in that case his decision shall be deemed to be a decision
of the Tribunal.
(10)
An award of the Tribunal shall be enforced by the Court
of Senior Civil Judge of
the district in
which the land
under acquisition is situated as if it were the decree of that Court.
36.
Appeals.— (1)
An appeal shall lie to the High Court against the decision of the Tribunal
which shall for that purpose be deemed to be a Civil Court Subordinate to the
High Court, and the provisions of the Code of Civil Procedure, 1908, in respect
of first appeals shall in so far as these may be applicable apply to such
appeals.
(2)
Every order passed by the High Court on appeal under
this section, shall be enforced by the Court of the Senior civil Judge within
the limits of whose jurisdiction the
award or order appealed against was made, as if it were a decree of that Court.
(3)
An appeal under this section shall be deemed to be an
appeal under the Code of Civil Procedure, V of 1908, within the meaning of
Article 156 of the First Schedule to the Limitation Act, IX of 1908.
37.
Abandonment
of acquisition.— (1) An owner of land comprised in any scheme sanctioned by the Government, or any
other person having an interest therein, may apply to the Board that the
acquisition of the land which is not required for the execution of the schemes
be abandoned. The Board may admit for consideration such application if it is
made at any time before the Collector has made an award under section 11 of the
Land Acquisition Act, I of 1894. If the application is admitted the Board shall
intimate this fact to the Collector who shall thereupon stay further
proceedings connected with the acquisition of land in respect of which the
application is admitted and the same shall not be reopened until so desired by
the Board.
(2)
The Board may, in its discretion allow such application
on payment of prescribed fee and subject to such terms and conditions as it may
impose in this behalf.
(3)
If any application
under sub-section (1)
is rejected by the
Board or though the application is allowed, the fee mentioned in sub- section (2)
is not paid or the conditions are not fulfilled by the person concerned within
the prescribed period, the Board shall
intimate the fact to the Collector,
who shall take
up the proceedings
for the acquisition of the land
from the stage at which they had been stayed.
38.
Reclamation
fee.— (1) When by the execution of any scheme, the value of the land
included therein is expected to be increased the Board may at any time after
the sanction of the scheme under section 21 proceed to levy and recover
reclamation fee in respect of such land in accordance with the rules framed by
Government under sub-section (4).
(2)
When by the execution of any scheme under this Act
increase has actually taken place in the value of any land in the area
comprised therein or the
expenditure actually incurred on
the execution of the scheme is in
the opinion of
the Board more
than the increase or expenditure anticipated at the time
of assessing the reclamation fee
recovered under sub-section (1), the Board may, before restoring the land, levy
and recover in respect of the land such further
amount of reclamation fee as it may consider suitable.
(3)
In fixing the amount of reclamation fee to be charged
in respect of any land
or class of land,
the Board shall
also take into consideration the actual expenditure
incurred or to be incurred on the execution of the scheme and the degree to
which the land or any part of the land has or will be benefited thereby.
(4)
The Government may frame rules providing for—
(a)
the manner in which the demand for the reclamation fee
shall be assessed and distributed on the land comprised in the scheme and the
person or persons by whom the fee shall be payable;
(b)
the acceptance by the Board of a satisfactory and
sufficient security in lieu of immediate payment of reclamation fee by an owner
of land or any person interested therein;
(c)
the mode by which the reclamation fee shall be realised
and the number of installments to be allowed in this connection and the
interest chargeable on balances
outstanding from time to time; and
(d)
the mode of
preferring appeal from
assessment by the Board and the authority to which the
appeal shall lie.
39.
Fresh
acquisition.— If any land in respect of which any reclamation fee has
been charged under the
provisions of section
37 or 38 be
subsequently required for any of the purposes of this Act, the payment of fee
or any other act done under the rules framed under section 38(4) shall not be
deemed to prevent the acquisition of the land in pursuance of a fresh
declaration under section 6 of the Land Acquisition Act I of 1894.
CHAPTER VII
FINANCE
40.
Board Fund.—
(1) There shall be a fund to be known as “Board Fund” vested in the Board
which shall be utilised by the Board to meet charges in connection with its
functions under this Act including the salaries
and other remuneration
of the staff
of the Board
and the Tribunal and any officers and servants duly appointed under the
Act.
(2)
All sums received by the Board shall be credited to the
Board Fund.
41.
Board to
levy taxes.— (1) The Board may, with the previous sanction of the
Government, levy on any local area or part thereof a tax to be known as “Land
Improvement Tax” to implement various measures of reclamation:
Provided that
the Board may exempt any person or class of persons from the payment of whole
or part of any such tax due from him or them on such conditions as it may
impose.
42.
Grants-in-aid.—
(1) The Government may allow any grant-in-aid to the Board for carrying out
its duties under the Act.
(2)
Any local body may, and when so required by the
Government shall, grant such amount of money to the Board as may be specified
in the requisition.
43.
Borrowing of
money.— The Board shall be deemed to be a local authority for the purpose
of borrowing money under the Local Authorities Loans Act, IX of 1914,
and the making and execution of any scheme under this Act shall be deemed to be
a work which such Board is legally authorised to carry out.
44.
Custody and
investment of Board funds.— (1) In any place in [29][West
Pakistan] where there is a Government treasury or sub-treasury, or a bank to
which the Government treasury business has been made over, all
moneys at the
credit of the
Board shall be kept in such treasury, sub-treasury or bank.
(2)
In places where there is no such treasury or
sub-treasury or bank, such moneys may be kept with a banker or person acting as
a banker, who has
given such security
for the safe custody
and repayment on demand of the sums so kept as the Government may in
each case deem sufficient.
(3)
Nothing in the
foregoing provision of
this section shall
be deemed to preclude the Board from investing any such moneys as are
not required for
immediate expenditure in any
of the securities described in section 20 of the
Trusts Act, II of 1882 or placing them in fixed deposit with a bank approved by
the Government.
45.
Procedure on
failure of the Board
to repay loans.—
If any money borrowed under section
43 or any
interest or costs
due in respect thereof is or are
not repaid according to the conditions of the loans the Government may itself
make such payment and may attach the rents and other income of the Board: and
thereupon the provisions of section 5 of the local Authorities Loans Act, IX of
1914 shall, with all necessary modifications, be deemed to apply.
46.
Recouping of
payments made by Government.— The Government may further impose or increase
a tax on the annual value of buildings or lands situated within the local area
and enhance the rate of land revenue and
occupiers’ rates within the local area to such extent as may be
necessary for the purpose of recouping a
payment made by Government under section 45.
47.
Payment by
Government to be a charge on the property of the Board.— All moneys paid by
the Government under section 45 shall constitute a charge upon the property of
the Board.
CHAPTER VIII
RULES AND BYE-LAWS
48.
Power of
Government to make rules.— (1) In addition to the power conferred by any other provision of this Act the
government may by notification in the official Gazette make rules consistent
with this Act:-
(i)
as to the authority on which money may be paid from the
Board Fund;
(ii)
for fixing the fees payable for copies of, or extracts
from, the record furnished by the chairman;
(iii)
as to the employment, terms of service, suspension and
removal of officers and
servants of the
Board and the conduct of such officers and servants;
(iv)
as to the intermediate office or offices, if any,
through which correspondence between the Board and the Government or servants
of the Government shall pass;
(v)
as to the accounts to be kept by the Board, the manner
in which such accounts shall be audited and published, and the powers of
auditors in respect of the disallowance and surcharge;
(vi)
as to the
authority by whom,
the conditions subject
to which and the mode in which contracts may be entered into and
executed on behalf of the Board;
[30][(vii)
as to the preparation of annual estimates of income and expenditure of the
Board;]
(viii)
as to the returns, statements and reports to be
submitted by the Board;
(ix)
to prescribe and define the mutual relations, to be
observed between the Board, other departments and local authorities in any
matter in which they are jointly interested;
(x)
for
regulating the grant
of leave of
absence, leave allowance and
acting allowance to the officers and servants of the Board;
(xi)
for
establishing and maintaining
a provident or
annuity fund for compelling all or any of the officers in the service of
the Board or of the Tribunal (other than any servant of Government in
respect of whom
a contribution is
paid under section 69) to contribute to such fund at such rates and subject to such
conditions as may be prescribed by such
rules and for supplementing such contributions out of the funds of the Board:
Provided that a
Government servant, employed as an officer or servant of the Tribunal as also
those who are on deputation to the Board
shall not be entitled to leave or leave allowance otherwise than as may be
prescribed by the conditions of his service under the Government.
(xii)
for determining the conditions under which the officers
and servants of Board or of the Tribunal, or any of them, shall on
retirement receive gratuities
or compassionate allowances,
and the
amount of such
gratuities and compassionate
allowances and providing that it shall be at the discretion of the Board or of
the Tribunal, as the case may be, to determine whether all such officers and
servants or any and if so, which of them, shall become entitled on retirement
to any such gratuities or compassionate allowances as aforesaid;
(xiii)
generally for the guidance of the Board and officers in
all matters connected with the carrying out of the provisions of this Act;
(xiv)
for regulating the grant of subsidies to the Board by
the Government, the conditions under which they may be earned or forfeited and
the arrangements for their repayments;
(xv)
as to the methods, details and programs for reclamation
of land under different circumstances.
(2) All acts
authorised or enjoined under this Act shall be held to be authorised or enjoined
subject to such rules.
49.
Power of the
Board to make bye-laws.— The Board may from time to time with the previous
sanction of the Government and shall, if required by the Government, make
bye-laws consistent with this Act and with any rules made under this Act by the
Government—
(i)
for fixing the amount of security to be furnished by
any officer or servant of the Board under the provisions of this Act;
(ii)
for associating persons with the Board under
sub-section (1) of section 7;
(iii)
for regulating the delegation of powers or duties of
the Board to committees or to the Chairman;
(iv)
for guidance of persons employed by it under this Act;
(v)
for the management,
use and regulation
of dwellings constructed under
any scheme under this Act; and
(vi)
generally for discharging the functions of the Board
under this Act.
50.
Printing and
sale of copies of rules and bye-laws.— (1) The chairman shall cause the rules and bye-laws made under
sections 48 and 49 respectively to be printed and shall cause printed copies
thereof to be delivered to any applicant on payment of such fees as he may fix.
(2) Notice of
the fact of copies of rules and bye-laws being obtainable at the said price and
of the place where and the person from whom the same are obtainable shall be
given by the Chairman by advertisement in one or more newspapers selected by
him for the purpose.
51.
Power of
Government to cancel bye-laws made under section 49.— The government may,
after previous publication of its intention, cancel any bye-laws made by the
Board which it has sanctioned, and thereupon the bye-laws shall cease to have
effect.
CHAPTER IX
PROCEDURE AND PENALTIES
52.
Signature on
notice, summons, order, requisition, proclamation or bill.— Every notice,
summons, order, requisition, proclamation or bill issued by the Board under
this Act shall be signed by the Chairman, or by any other member or any
officer or servant of the Board
specially or generally authorised by the Board, or so authorised by the Chairman under sub-section
(1) of section 13, and every such notice,
summons, order, requisition, proclamation or bill shall be deemed to be properly signed, if it bears the facsimile of
the signature of the chairman or such member, officer or servant stamped or
printed thereon.
53.
Method of
giving public notice.— Subject to provisions of this Act, every public
notice required to be given under this Act shall be deemed to have been duly
given if it is published in some newspapers and pasted upon a notice board to
be exhibited for public information at the building in which the meetings of
the Board are ordinarily held.
54.
Service of
notice.— (1) Every notice, other than a public notice, summons, order, requisition, proclamation and bill,
issued under this Act shall, unless it is under this Act otherwise expressly
provided, be served, delivered or presented—
(a)
personally or by sending it by registered post to the
person to whom it is addressed; or
(b)
if such person
cannot be found,
then by leaving
the notice, summons, order, requisition or bill at his last known
place of abode, or by giving or tendering it to some adult male member or
servant of his family, ordinarily residing with him, or by causing it to be
affixed on some conspicuous part of the building or land to which it relates.
(2)
When
notice, summons, order
or requisition is
required or permitted under this
Act to be served upon an owner, occupier or tenant, as the case may be, of a
building or land, it shall not be necessary to name the owner, occupier or
tenant therein, and the service thereof in cases not otherwise specially
provided for in this Act shall be effected—
(a)
personally, or by sending it by registered post to the
owner, occupier or tenant, or if there be more owners, occupiers, or tenants,
then to any one of them; or
(b)
if such owner, occupier or tenant cannot be found,
then, by giving or tendering the notice to an adult male member or servant of
his family ordinarily residing with him or by causing the
notice, summons, order
or requisition to be
affixed on some conspicuous part of the building in which the person on which
the notice is to be served resides; or
(c)
in the case of a proclamation, in addition to any other
mode of proclamation which may be
prescribed by this Act, by beat of drum or other customary method and by the
pasting of a copy thereof on any conspicuous place in or near the property to
which it relates.
(3)
Whenever
the person on
whom a notice,
summons, order, requisition or
bill is to be served is a minor, service upon his guardian shall be deemed to
be service upon the minor.
55.
Penalty for
disobedience.— Where under this Act or under a notice, summons, order or
requisition issued thereunder the public or any person is required to do or to
refrain from doing anything, a person who fails to comply with the
requirements shall, if such failure is not an offence punishable
under any other section of this Act or any other law for the time being in
force, be liable on conviction by a Magistrate of the 1st Class to a fine not
exceeding five hundred rupees for every such failure, and in the case of a
continuing breach, to a further fine which may extend to fifty rupees for every
day after the date of the last conviction during which the offender is proved
to have persisted in the breach:
Provided that
where the notice, summons, order or requisition fixes without authority from
this Act a time within which a certain act is to be done, it shall rest with
the Magistrate to determine whether the time so fixed was reasonable time so as
to justify conviction.
56.
Powers of
the Board to execute works on failure to comply with notice, summons, order or
requisition.— If a notice, summons, order or requisition has been addressed
by the Board under this Act to a person requiring him to execute a work in
respect of any property, movable or immovable, public or private, or do or
refrain from doing anything within a time specified in the notice, summons,
order or requisition, and if such person fails to comply with it then the Board
may cause such work to be executed or such things to be provided or done, and
may recover all expenses incurred by it on such account from the said person.
57.
Liability of
occupier to pay in default of owner.— (1) If the person to whom the notice,
summons, order or requisition mentioned in section 56 has been addressed is the
owner or the property in respect of which
it is given,
the Board may
whether any action
or other proceedings have been brought or taken against such owner
or not, require the person, if any, who is the occupier or tenant of such
property or a part thereof under such owner, to pay to the board instead of
paying to the owner the rent payable by him in respect of such property, as it
falls due, up to the amount recoverable from the owner under section 56; and
any such payment made by the occupier or tenant to the Board shall be deemed to
have been made to the owner of the property.
(2)
For the purpose of deciding whether action should be
taken under sub-section (1) the Board may require an occupier or tenant of
property to furnish information as to the sum payable by him as rent on account
of such property and as to the name and
address of the person to whom it is payable, and if the occupier or tenant
refuses to furnish such information he shall be liable for the expenses
referred to in section 56 as if he was the owner.
58.
Right of
occupier to execute
works in default
of owner.— Notwithstanding
any provisions of any other law whenever default is made by the owner of a
building or land in the execution of a work required under this Act to be
executed by him, the occupier or tenant of such building or land may, with the
approval of and shall if so directed by the Board, cause such work to be
executed and the expense thereof shall be paid by the owner, or the amount may
be deducted out of the rent from time to time becoming due from him to such
owner.
59.
Opposition
to execution by occupier.— (1) If, after receiving information of the intention of the owner of any building
or land to take any action
in respect thereof
in compliance with a
notice, summons, order or requisition
issued under this Act, the occupier or tenant refuses to allow such
owner to take such action the owner may intimate the fact to a Magistrate,
having jurisdiction in the area.
(2)
The Magistrate, upon proof of such refusal may by order
in writing require the occupier or
tenant to give the owner reasonable facility for executing such work with
respect to such building or land, as may be
necessary for compliance
with the notice,
order or requisition and may
also, if he deems fit, order the occupier or tenant to pay to the owner the
costs incurred by the source to bring the matter before the Magistrate and to
obtain his order.
(3)
If, after the expiry of the period which the Magistrate
may fix by taking into
consideration the nature
and urgency of
the work to be
executed, the occupier or tenant continues to refuse to allow the owner to
execute such work, the occupier or tenant shall be liable upon conviction to a
fine which may extend to fifty rupees per day and to eviction from the
property. The warrant
for eviction shall
be addressed by the
Magistrate to the officer incharge of the police station concerned, and shall be complied with without
any delay.
(4)
Every owner, during the continuance of such refusal, shall
be discharged from any penalties
to which he
might otherwise have become liable by reason of his default
in the execution of such works.
60.
Recovery of
cost of execution by the occupier from owner.— Notwithstanding any
provisions of any other law when the occupier or tenant of a building or land
has, in compliance with a notice, order or requisition issued under this Act,
executed a work for which the owner of such
building or land
is responsible either
in pursuance of the
contract of tenancy or by law, he shall be entitled to recover from the owner
by deduction from the rent payable by him or
otherwise the reasonable cost of such work.
61.
Relief to
agents and trustees.— (1) When a person, by reason of his receiving,
or being entitled to
receive, the rent
of immovable property as trustee
or agent of a person or society would under this Act be bound to discharge an
obligation imposed by this Act on the owner of the property for the discharge
of which money is required he shall not be bound to discharge the obligations
unless he has, or but for his own
improper act or
default might have had,
in his hands
funds belonging to the owners sufficient for the purpose.
(2)
When an agent or trustee has claimed and established
his right to relief under this section the Board may give him notice to apply
to the discharge of such obligation as aforesaid the moneys which come to his
hands on behalf or for the use of the owner, and should he fail to comply with
such notice, he shall be deemed to be personally liable to discharge such
obligation.
62.
Penalty for
removing machinery, etc.— If any person, without lawful authority—
(a)
removes any machinery, pipes, survey or other marks,
gauges, fence or any timber
used by the
Board for propping
or supporting any building, wall
or other thing, or extinguishes any light set up at any place
where the surface of a street or other ground has been opened, or broken
up by the Board for the purpose of carrying out any work; or
(b)
infringes any order given, or removes any bar, chain or
post fixed by the Board for the purpose of closing any street to traffic, he
shall be punishable with fine which may extend to fifty rupees.
63.
Penalty for
obstructing land reclamation
operations or a contractor or removing mark.— If any
person—
(a)
damages, alters,
obstructs or interferes with any soil reclamation operation so as to endanger,
or damage them or to render them less useful, or
(b)
obstructs, or molests any person in the performance or
execution of contract which the Board has entered into with him under this Act;
or
(c)
removes any mark set up for the purpose of indicating
any level or direction necessary to
the execution of
works authorised under this Act;
he shall be punishable with fine which may extend to two hundred rupees or with
imprisonment for a term which may extend to two months.
64.
Power of
Board in case of squatters and trespassers and persons in the unauthorised
possession of land.— When the Chairman is satisfied that any person has
taken or is in possession of land comprised in any scheme, or any other land
owned by or vested in the Board and to which such person has no right or
title, or when a tenant refuses to
surrender the land which has been resumed by the Board in consequence of a
breach of the conditions on which it was held by such person the Chairman or
any person authorised by him may in addition to any other powers he may
possess, forthwith, with the use of such force as may be necessary, re-enter
upon the land and resume its possession
and also take possession of all crops, trees and buildings thereon on behalf of
the Board without payment of any compensation whatsoever.
[31][65. Penalty for unauthorised cultivation,
etc.— (1) If any person without the permission of the Chairman of the
Board—
(a)
clears or breaks up for cultivation or cultivates any
land which is owned by or vests in or is in the possession of the Board and is
not included in any tenancy or allocated residential enclosure,or which has
been set apart for the common purposes of a town or a village community or section of the same or for a
road, canal or water-course, the Chairman may confiscate the crops growing on
any land cultivated in contravention thereof or if the crops have been cut,
recover such sum as he may assess as the value of such crop from the offender;
or
(b)
fells or otherwise destroys standing trees on such land
the Chairman may recover such sum as he
may assess as the value of the trees felled or destroyed; or
(c)
erects any building on such land or otherwise
encroaches on or makes an excavation or construction of water channel on such
land, the Chairman may cause the
building or other encroachment to be demolished or removed or the excavation or
the channel to be filled up and levy the cost of so doing from the offender.
(2)
No order shall be passed under sub-section (1) without
giving the person affected an opportunity of being heard and showing cause
against the proposed order.]
66. [Additional remedy against offences.] Omitted by West Pakistan Laws (Amendment)
Ordinance, 1965 (XXXIV of 1965).
CHAPTER X
SUPPLEMENTAL PROVISIONS
67.
Members,
etc., deemed public servants.— Every member and every officer and servant
of the Board, and every member and officer and servant of the Tribunal, shall be deemed to be a public
servant within the meaning of section 21 of the Pakistan Penal Code, and shall
as far as practicable be subject to the same
rules of conduct and be entitled to the same privileges and protection
as are laid down from time to time for
other officers of the Government.
68.
Contribution
by the Board towards leave, allowances and pensions of Government servants.— The
Board shall be liable to pay such
contributions for the
leave, allowances and pension
of any Government servant
employed as Chairman or as an officer or servant of the Board, or as a member
or officer or servant of the Tribunal as may
be required by
the conditions of his
service under the Government, to be paid to him or on his
behalf.
69.
Authority
for prosecution.— No court shall take cognizance of any offence punishable
under this Act, except on the complaint of the Chairman or some person
authorised by the Board or by the Chairman by general or special order in this
behalf.
70.
Recovery of
dues.— The Chairman or any person generally or specially authorised by
him may apply
to the Collector
for the recovery of any sum due
under this Act or under an agreement made under this Act and the Collector
shall thereupon proceed to recover the sum due as if it were an arrear of land
revenue.
71.
Powers of Chairman
as to institution, etc., of legal proceedings and obtaining
legal advice.— The Chairman
may, subject to the
control of the Board—
(i)
institute, defend or withdraw from legal proceedings
under this Act;
(ii)
compound any offence against this Act;
(iii)
admit, compromise or withdraw any claim made under this
Act; and
(iv)
obtain such legal advice and assistance as he may from
time to time deem necessary or expedient to obtain, or as he may be desired by
the Board to obtain for any of the
purposes referred to in the foregoing
clauses of this section, or for securing the lawful exercise or discharge
of any power or duty vested in or imposed upon the Board or any officer
or servant of the Board.
72.
Indemnity of
acts under the Act.— No criminal proceedings of any kind shall be
maintainable against the Board or any member, officer or servant thereof,
or any other
person in respect of
anything done or purported to be done lawfully and in good
faith and with due care and attention in exercise of powers under this Act or
rules or bye-laws framed thereunder or under the direction issued in the
exercise of such powers.
73.
Notice of
suit against the Board, etc.— (1) No
suit shall be instituted against the Board or any member, or any person
associated with the Board under section 7 or any member of a committee
appointed under section 8 or any officer or servant of the Board or of the
Chairman or of any officer or servant of the Board, in respect of any act
purported to be done within the scope of the functions under this Act, until
the expiration of two months next from the date on which a notice in writing
has been, in the case of the Board, left at its office, and in any other case
delivered to or left at the office or place of abode of the person to be sued
explicitly stating the cause of action, the nature of the relief sought, the
amount of compensation claimed and the name and place of abode of the intending
plaintiff; and in case the suit is filed, the plaint shall contain a statement
that such notice has been so delivered or left.
(2)
If the Board or other person referred to in sub-section
(1) shall before the action is commenced
have tendered in the opinion of the court sufficient amends to the plaintiff,
the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs
incurred by the defendant after such tender.
(3)
No action such as is described in sub-section (1)
shall, unless it is an action for the recovery of immovable property or for a
declaration of the title thereto, be commenced otherwise than within six months
from the date of the cause of action or the knowledge of the plaintiff,
whichever is later:
Provided that
nothing in sub-section (1) shall be construed to apply to a suit wherein the
only relief claimed is an injunction of which the object would be defeated by
giving of the notice or the postponement of the institution of the suit or
proceeding.
74.
Mode of
proof of the records.— A copy
of any receipt, application, plan, notice, order,
entry in a register or other document in the possession of the Board, shall if
duly certified by the legal keeper thereof, or other person authorized
by the Board in this behalf be received
as prima facie evidence
of the existence
of the entry
or document and shall
be admitted as evidence
of the matters
and transactions therein recorded in every case where, and to the same extent, as the original entry or
document would, if produced, have been admissible to prove such matters.
75.
Restriction
on the summoning of the servants of the Board to produce documents.— No
member or officer or servant of the Board shall in any legal proceedings to which the Board is not a party
be required to produce any register or
document, the contents of which can be proved under the preceding section
by a certified copy, or to appear as a
witness to prove the matters and transactions
recorded therein unless by order of the court for special cause.
76.
Validation
of acts and proceedings.— (1) No act done or proceedings taken under this
Act shall be questioned on the ground merely of—
(a)
the existence of any vacancy in or any defect in the
constitution of the Board or of any Committee; or
(b)
any person having ceased to be a member; or
(c)
the failure to serve a notice on any person where no
substantial injustice has resulted from such failure; or
(d)
any omission, defect or irregularity not affecting the
merits of the case.
(2)
Every meeting of the Board, the minutes of the
proceeding of which have been duly signed as prescribed in clause (e) of
sub-section (1) of section 6 shall be taken to have been duly convened and to
be free from all defects and irregularities.
77.
General
power of the Board to pay compensation.— In any case not otherwise
expressly provided for in this Act, the Board may pay reasonable compensation
to any person who
sustains damage by reason of the exercise of any of the
powers vested under this Act in the Board or the Chairman or any officer or
servant of the Board.
78.
Compensation for
damage to Board’s
property.— (1) If on
account of any act or omission, any person has been convicted of any offence
under this Act, and by reason of such act or omission damage has occurred to
any property of the Board, compensation shall be paid by the
said person for
the said damage
notwithstanding any punishment
to which he may have been sentenced for the said offence.
(2)
In the event of dispute, the amount of compensation
payable by the said person shall be determined by the court before whom he was
convicted of the said offence.
(3)
If the amount of any compensation due under this
section be not paid, the same shall be
recovered under a warrant from the said court, as if it were fine imposed by it
on the person liable therefor.
79.
Ultimate
dissolution of the Board and transfer of its assets and liabilities to an Administrator.— (1) When all schemes
sanctioned under this Act have been executed or have been so far executed as to
render the continued existence of the
Board, in the opinion of the Government, unnecessary, or when in the
opinion of the Government it is expedient that the Board shall cease to exist,
the Government may by notification declare that the Board shall stand dissolved
from such date as may be specified in
this behalf in such notification, and the Board shall be deemed to be dissolved
accordingly.
(2)
From such date—
(a)
all
properties, funds and
dues which are
vested in or realizable
by the Board and the Chairman respectively shall vest
in and be
realizable by an
Administrator appointed by the
Government in this behalf;
(b)
all
liabilities which are enforceable against
the Board shall be enforceable
only against the Administrator;
[32][(c)
for the purpose of preparing or executing new schemes or for the purpose of
completing the execution of any scheme already sanctioned under this Act but
not fully executed by the Board or for levying or recovering reclamation fee or
for raising properties, funds and dues referred to in clause (a), the
Administrator shall perform all the functions and exercise all the powers of the
Board under the Act;]
(d) the
Administrator shall keep separate accounts of all moneys respectively received
and expended by him under this Act, until all loans raised hereunder have been
repaid, and until all other liabilities referred in clause (b) have been duly
met.
[33][(3)
Government may, at any time remove the Administrator and reconstitute the Board
and thereupon—
(a)
all properties, funds and dues vested in or realizable
by the Administrator shall vest in and be realizable by the Board;
(b)
all liabilities
enforceable against the Administrator shall be enforceable only against the
Board;
(c)
all actions taken by the Administrator shall be deemed
to have been taken by the
Board.]
SCHEDULE
(Referred to in Section 33)
MODIFICATIONS IN THE LAND ACQUISITION ACT I OF
1894 HEREIN AFTER CALLED “THE SAID ACT”
1.
Amendment of
section 3.— In section 3 of the said Act—
(i) clause (f) shall be deemed to have been modified so as to
read as follows:-
“(f) the expression “public purpose” includes—
(1)
the provision of village sites in districts in which
the Provincial Government shall have declared by notification in the official
Gazette that it is customary for the Government to make such provision;
(2)
soil
reclamation carried out
under the Punjab
Soil Reclamation Act, 1952:”
(ii) the
full-stop at the end of clause (g) shall be replaced by a colon and the
following clauses shall be deemed to have been added after clause (g):-
“(h) “board”
means the [34][West
Pakistan[35] Land and Water Development Board]
appointed under the Punjab Soil Reclamation Act, 1952;
(i)
“net income” shall mean the income from the land after
deducting therefrom the ordinary expenses of cultivation, land revenue, rates
and cesses; and
(j)
“rates and cesses” have the same meaning as given in
section 3(9) of the [36]Land
Revenue Act, 1887[37]”.
2.
Notification
under section 4 and declaration under section 6 to be replaced by notification
under sections 18 and 22 of this Act.— (1) The first publication of a
notice of a reclamation scheme under section 18 of the Punjab Soil Reclamation
Act, 1952, shall be substituted for and have the same effect as publication in
the Gazette and in the locality, of a notification under sub-section (1) of
section 4 of the said Act, except where a notification under section 4
or a declaration under section 6 of the said Act has previously been made and
is still in force.
(2)
Proceedings under section 19 and sub-section (1) of
section 20 of the Punjab Soil Reclamation Act, 1952, shall substitute for and
have the same effect as proceedings under section 5-A of the said Act.
(3)
Subject to the provisions of paragraphs 10 and 11 of
the Schedule, the publication
of a notification under section 22 of the Punjab Soil
Reclamation Act, 1952 shall substitute for and have the same effect
as a declaration
by the Provincial
Government under section 6 of the
said Act, unless a declaration under the last mentioned section has previously
been made and is still in force.
3.
Amendment of
section 11.— In section 11 of the said Act the conjunction “and” between clauses (ii) and (iii) shall be
deleted, the fullstop at the end of
clause (iii) shall be replaced by a semi-colon followed by the
conjunction “and”, and the following
clause shall be deemed to have been added thereafter, namely “(iv) the costs
which in his opinion should be allowed to any person who is found to be
entitled to compensation, as having been actually and reasonably incurred by
such person in preparing his claim and putting his case before the Collector”.
4.
Amendment of
section 15.— In section 15 of the said Act, for the word and figures “and
24”, the figures, word, and letter “24 and 24-A”, preceded by a comma shall be
deemed to be substituted.
5.
New section
16-A.— After section 16 of the said Act the following section shall be
deemed to have been inserted, namely:-
“16-A.Transfer of land to Board.— In every
case referred to in section 16 the Collector shall upon payment or tender of
compensation for acquisition, make over charge of the land to the Board and the
land shall thereupon vest in the Board”.
6.
Amendment of
section 17.— For section 17 of the said Act, the following shall be deemed
to have been substituted:-
“17.
(1) In cases where the Board considers it expedient to take
possession of any land at any time before an award under section 11 has been
made, it shall notify this fact in
writing to the Collector intimating in addition the date by which the land is
required by it. The Collector shall after causing a notice to this effect to be
served on the person or persons interested in the land take possession of the
land and transfer it to the Board in whom it shall vest absolutely free from
all encumbrances subject to its liability to pay any amount which may be
incurred on account of acquisition.
(2)
The Collector shall at the time of taking possession of
land offer to the persons interested compensation for the standing crops and
trees (if any) on such land and for any other damage sustained by them on
account of dispossession and not excepted in section 24 or 24A; and, in case
such offer is not accepted, the value of such crops or trees and the amount of
such other damage shall be allowed for while awarding compensation for the land
under the provisions herein contained”.
7.
Amendment of
section 18.— The following shall be deemed to have been substituted for sub-section
(1) of section 18 of the said Act, namely:-
“Any person
interested who has not accepted the award of the Board may by written
application to the Collector, require that the matter be referred by the
collector, for determination of the court, whether his or its objection be to
the measurement of the land, the amount of compensation, the persons to whom it
is payable or the apportionment of the compensation among the persons interested or the amount of costs
allowed”.
8.
Amendment of
section 19.— In clause (c) of section 19 of the said Act, after the words “amount of compensation” the
words and brackets “and of costs (if any)”, shall be deemed to have been
inserted.
9.
Amendment of
section 20.— (1) In clause (c) of section 20 of the said Act, after the words
“amount of the compensation” the words “or costs”, shall be deemed to have been
inserted.
(2)
Between the word “Collector” and the full-stop at the
end of section 20 of the said Act, the words “and the Board”, shall be deemed
to have been added.
(3)
The existing section 20 of the said Act shall be
numbered as sub-section (1) of section 20, and the following sub-sections shall
be deemed to have been added:-
“(2) The Board or
any person to whom a notice is issued under
clause (b) or (c)
of sub-section (1)
may support the award and may also take any cross
objection which could have been taken by making an application for reference provided such objection
is filed within one
month from the
date of service of the notice
under this section or within such further time as the Tribunal may see fit to
allow.
(3) The
provisions of the Code of Civil Procedure, 1908, relating to cross objection
filed under that code shall, so far as may be, apply to the cross objections
filed under this section”.
10.
Amendment of
section 23.— (1) In sub-section (1) of section 23 of the
said Act, the word,
figures and brackets
“the date of the
publication of the
notification under section 4,
sub-section (1)” occurring in
clause first and the words and figure
“the time of the publication of the declaration under section 6”
occurring in clause sixth, shall be deemed to have been replaced by the
words “such date as Government may declare.”
(2)
For the existing sub-section (2) of section 23 of the
said Act, the following shall be deemed to have been substituted namely:-
“(2) For the
purposes of clause “First” of sub-section (1) of this section the market value
of the land shall be determined on the basis of the average net income of that
land for the five years preceding the date
declared by Government under sub- section (1) of this section:
Provided that if
that land or any portion of it has not been cultivated, the net income of such
land or portion in that year shall
be taken to
be four times
the land revenue assessed thereon, or, if no land
revenue has been so assessed, three times the lowest rate of land revenue
assessed on neighbouring land:
Provided further
that in respect of land which is situated in a town or village abadi or land which is attached to a
house, manufactory, or other building
and is reasonably required for the enjoyment and use of the house, manufactory
or building, the market value shall be the market value according to the use to which
the land was
being put on
the date declared by Government under sub-section (1)
of this section.”
11.
Amendment of
section 24.— For clause seventh of section 24 of the said Act, the
following shall be deemed to have been substituted, namely:-
“Seventhly, any
outlay on additions or improvements to land acquired, which was incurred after
the date with reference to which the market value is to be determined, unless
it is proved that these were necessary to keep the land in a fit state to command the profits accruing
on the said date and were made in good faith and not in contemplation of
proceedings for compulsory acquisition”.
12.
New section
24-A.— After section
24 of the
said Act, the following section shall be deemed to have
been inserted, namely:-
“24-A. In
determining the amount of compensation to be awarded for any
land acquired for the
Board under the
Punjab Soil Reclamation Act, 1952, the court shall also have regard to the
following provisions, namely:-
(1)
When any interest in any land acquired under this Act
has been acquired after the date with reference to which the market value is to
be determined, no separate estimate of the value of such interest shall be made
so as to increase the amount of compensation to be paid for such land.
(2)
If in the
opinion of the
court any building
is in a defective state from a sanitary point of
view or is not in a reasonably good state
of repairs, the
amount of compensation for such
building shall not exceed the sum which the court considers the building would
be worth if it were put into a sanitary condition or into a reasonably
good state of
repairs as the case
may be, less
the estimated cost of putting it into such condition or state.
(3)
If, in the opinion of the court any building which is
used or is intended or is likely to be used for human habitation is not reasonably
capable of being made fit for human habitation, the amount of
compensation for such building shall not exceed the value of the materials of
the building less the cost of demolishing the building”.
13.
Amendment of
section 25.— In section 25 of the said Act—
(i)
in sub-section (1) the words and figures “or be less
than the amount awarded by the Collector under section 11”, shall be deemed to
have been deleted, and
(ii)
the following shall be deemed to have been added as
sub- section (4):-
“(4) The court
shall be competent to award an amount less than that awarded by the Collector,
if, after consideration of any reference or
cross objection, it is of the opinion that the amount awarded by the
Collector is excessive”.
14.
Amendment of
section 31.— (1) After the words “the compensation” in sub- section (1) of
section 31 of the said Act, and after the words “the amount of compensation” in
sub-section (2) of that section, the words and brackets “and costs (if any)”
shall be deemed to have been inserted.
15.
New section
48-A.— After section
48 of the
said Act, the following section shall be deemed to have
been inserted, namely:-
“48-A. (1) If
within a period of two years from the date of the publication of the notification under section 22 of the
Punjab Soil Reclamation Act, 1952, in
respect of any land, the Collector has not made an award under section 11 with
respect to such land, the owner of the land shall unless he has been to a
material extent responsible for the delay, be
entitled to receive compensation
for the damage suffered by him in consequence of the delay.
(2)
The provisions of Part III of the Act shall apply, so
far as may be, to the determination of
the compensation payable under this section”.
16.
Amendment of
section 49.— After sub-section (1) of section 49 of the said Act, the following sub-section shall be
deemed to have been inserted, namely:-
“(1-A) For the
purpose of sub-section (1) land which is held with and attached to a house and
is reasonably required for the enjoyment and use of the house, shall be deemed
to be part of the house.”
17.
Amendment of
section 50.— In sub-section (2) of section 50 of the said Act, the words,
“or the [38][Punjab
Land and Water Development Board]
shall be deemed
to have been inserted
between the words “concerned” and “may” and the proviso
to the sub-section shall be deemed to have been deleted.
18.
Deletion of
Section 54.— Section 54 of the said Act shall be deemed to have been
deleted.
19.
Continuance
of actions taken by the Soil Reclamation Board: Notwithstanding anything
contained in the said Act, everything done, required, permitted or forbidden,
obligation or liability incurred, or inquiry proceeding commenced, punishment
awarded, officer appointed, person authorized, jurisdiction or power conferred,
rule made and order issued by the Soil Reclamation Board under the provisions
of the said Act, before the commencement of this Ordinance, shall be deemed to
have been validly done, required, permitted, forbidden, incurred, commenced,
awarded, appointed, authorized, conferred, made or issued by the Land &
Water Development Board to be constituted under the said Act as amended by this
Ordinance, and if not inconsistent with the provisions of the said Act as
amended by this and the Ordinance, rules and bye-laws made thereunder shall be
continued.
[1]
The word “Punjab” was omitted by the Punjab Soil Reclamation West Pakistan
(Amendment) Ordinance, 1964 (V of 1964).
[2]
Substituted, for “Government of [West Pakistan]”, by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974). The words in crotchets were
earlier substituted, for “the Punjab”, by the Punjab Soil Reclamation West
Pakistan (Amendment) Ordinance, 1964 (V of 1964). 15 I of 1894.
[3]
Deleted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964). 17 X of 1914.
[4]
1Inserted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964).
[5]
Substituted ibid.
[6]
The words “appointed under section 4 of this Act”, omitted ibid. section 6(g) by the Punjab Soil Reclamation West Pakistan
(Amendment) Ordinance, 1964 (V of 1964).
[7]
Substituted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964).
[8]
XVI of 1927.
[9]
Substituted for original Sections 4 and 5, by the Punjab Soil Reclamation
West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 7.
[10]
Now “Punjab”.
[11]
Substituted, for “West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974
(Pb. A.O. 1 of 1974). 26 Ibid.
[12]
Ibid.
[13]
Substituted, for the
words “a month”,
by the Punjab
Soil Reclamation West
Pakistan (Amendment) Ordinance, 1964 (V of 1964), section
[14]
Substituted, for the
words “prescribed”, by
the Punjab Soil
Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of
1964), section
[15]
Substituted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964) and amended vide Notification No. SO.V (O&M)-2-15/72,
dated the 23rd January, 1973, the Secretary to Govt, of the
Punjab (I&P) is appointed as “Administrative” whereas the Board stood dissolved w.e.f 31st
January, 1973, A.N simultaneously 31 Ibid.
[16]
Ibid.
[17]
Inserted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 13( a ). 34 Substituted ibid., for the words “providing for all”
section 13(b).
[18]
VIII of 1873.
[19]
Substituted by the Soil Reclamation (Punjab Amendment) Ordinance, 1970 (VI of
1970).
[20]
The words “in respect of which it is proposed to charge a reclamation fee”,
deleted by the Soil Reclamation (Punjab Amendment) Ordinance, 1970 (VI of
1970).
[21]
The words “or recover a reclamation fee in respect of such property”, deleted
ibid.
[22]
The words “or recovery of reclamation fee” deleted ibid.
[23]
The words “or the proposed recovery of reclamation fee” deleted by the
Soil Reclamation (Punjab Amendment)
Ordinance, 1970 (VI of 1970).
[24]
Substituted, by the Punjab Soil Reclamation West Pakistan (Amendment)
Ordinance, 1964 (V of 1964), section 14.
[25]
Substituted, for the words “the Punjab Tenancy Act, 1887”, by the Punjab Soil
Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section 15 (
a ).
[26]
Inserted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 15 ( b ).
[27]
The full stop was substituted by colon and a new proviso added by the West
Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), section 3, Schedule
II.
[28]
Ibid.
[29]
Substituted, for the words “the Punjab”,
by the Punjab Soil Reclamation West
Pakistan (Amendment) Ordinance, 1964 (V of 1964). Now again deemed to be
‘the Punjab’.
[30]
Substituted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 17.
[31]
Substituted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of
1965), section 3, Schedule II.
[32]
Substituted by the Punjab Soil Reclamation (Amendment) Act, 1977 (IX of 1977).
[33]
Inserted by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 18.
[34]
Substituted for the words “Punjab Soil Reclamation Board”, by the Punjab Soil
Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section 5.
[35]
Now “Punjab”.
[36]
Since repealed by the Punjab Land Revenue Act, 1967.
[37]
XVII of 1887.
[38]
Substituted, for “West Pakistan Land and Water Development Board”, by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
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