[1]THE WEST PAKISTAN BORDER AREA REGULATION
1959 (PUNJAB AMENDMENT) ORDINANCE, 1981
( III of
1981)
[1st
February, 1981]
An
Ordinance
further
to amend the West Pakistan Border Area Regulation 1959 (MLR-9 of 1959)
Preamble.— WHEREAS it is expedient further to amend the West Pakistan Border
Area Regulation 1959 (MLR-9 of 1959) in its application to the Province of the
Punjab, in the manner hereinafter appearing;
NOW, THEREFORE, in pursuance of the Proclamation
of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order
1977 (C.M.L.A. Order 1 of 1977), the Governor of the Punjab is pleased to make
and promulgate the following Ordinance:--
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the West
Pakistan Border Area Regulation 1959 (Punjab Amendment) Ordinance, 1981.
(2)
It shall extend to the whole of the Province of the
Punjab.
(3)
It shall come into force at once.
2.
Amendment of
paragraph 3 of MLR-9 of 1959.— In the West Pakistan Border Area Regulation,
1959 (MLR-9 of 1959) (hereinafter referred to as the Regulation), in paragraph
3,—
(i)
in sub-paragraph (a), for the words “West Pakistan” the
words “the Province of the Punjab shall be substituted;
(ii)
after sub-paragraph (a), the following new
sub-paragraph shall be added:-
“(aa) “Board of Revenue” means
the Board of Revenue established under the Board of Revenue Act, 1957 (XI of
1957).”
(iii)
for sub-paragraph (b) the following shall be
substituted:-
“‘Boarder Scheme’ means the scheme as
was referred to in paragraph 55-A of the
West Pakistan Rehabilitation
Settlement Scheme framed under the Pakistan Rehabilitation Act, 1956 (XLII of
1956);”
(iv)
sub-paragraph (d) shall be substituted by the
following:-
“‘Evacuee property’ means the
property which was defined as evacuee property in the Pakistan Rehabilitation
Act, 1956 (XLII of 1956);”
(v)
after sub-paragraph (d), the following new
sub-paragraph shall be added:-
“(dd) “State land” means the
State land placed at the disposal of the Committee by the Board of Revenue;”
and
(vi)
for sub-paragraph (e), the following shall be
substituted:-
“(e) “West Pakistan
Rehabilitation Settlement Scheme” means the scheme as was prepared by the
Rehabilitation Commissioner, West Pakistan under section 6 of the Pakistan
Rehabilitation Act, 1956 (XLII of 1956).
3. Amendment of paragraph 4 of
MLR-9 of 1959.— In the Regulation, in
paragraph 4,—
(i)
in sub-paragraph (b), for the words “one being a
representative of the Rehabilitation Commissioner and the other a
representative of the Pakistan Army”, the words “one to be appointed by the
Board of Revenue and the other a representative of the Pakistan Army to be
nominated by the General Headquarters” shall be substituted;
(ii)
after sub-paragraph (b) the following new
sub-paragraphs shall be added:-
“(c) The member of the Committee
from the Pakistan Army shall be incharge of the office of the Committee.
(d) Any one of the members of the
Committee present at the headquarters may dispose of any routine matter
relating to the functions of the Committee other than the allotment or
cancellation of land and hearing of cases.
4. Amendment of paragraph 5
of MLR-9 of 1959.— In the Regulation, in
paragraph 6, sub-para
(a) shall be substituted by the
following:-
“(a) A
Committee may, by order in writing, direct an undesirable person to surrender
to the Deputy Commissioner of the district or an officer authorized by the
committee, within such time as may be specified in the order, all immovable
property within a border area of which he is the owner, or has, in any other
capacity the possession or control thereof:
Provided that no such order shall
be made in respect of any owner or occupancy tenant of agricultural land, or
any allotment of such land under the West Pakistan Rehabilitation Settlement Scheme,
other than the Border Scheme, unless such compensation as is provided in
sub-paragraph (b) of paragraph 8 has been offered.”
5. Amendment of paragraph 7 of MLR-9 of 1959.— In the Regulation,
in paragraph 7, for the words “or the Deputy Rehabilitation Commissioner as the
case may be”, shall be omitted.
6. Amendment of paragraph 8 of
MLR-9 of 1959.— In the Regulation, in
paragraph 8,—
(i)
in sub-paragraph (b), for the words “as determined in
the case of property other than evacuee property by the Deputy Commissioner,
and in the case of evacuee property by the Deputy Rehabilitation Commissioner”,
the words “as determined by the Deputy Commissioner of the district” shall be
substituted;
(ii)
for sub-paragraph (c) the following shall be
substituted:-
“(c) Any person aggrieved by the
decision of the Committee regarding compensation may appeal, within thirty days
of the date on which the decision of the Committee is communicated to him, to
the Divisional Commissioner concerned and the decision of the Divisional Commissioner
shall be final.”
7.
Amendment of
paragraph 9 of MLR-9 of 1959.— In the Regulation, for paragraph 9, the
following shall be substituted:-
“9. A Committee may scrutinize any case of unauthorised
occupation of any State land or immovable evacuee property in any border area
and after giving an opportunity of being heard to the person likely to be
affected, direct the person in unauthorized occupation of such property to
surrender such property to the Deputy Commissioner within whose jurisdiction
such property is situated failing which the Deputy Commissioner or the
Committee may take possession of the property by evicting the person in
possession therefrom with such force as may be necessary for the purpose.”
8.
Amendment of
paragraph 10 of MLR-9 of 1959.— In the Regulation, for paragraph 10, the
following shall be substituted:-
“10.(a)A Committee may scrutinize allotment of any State
land or immovable evacuee property within any border area and may, on being
satisfied that any allotment was made to a person not eligible for allotment,
cancel such allotment and direct the allottee to surrender forthwith the
property to the Deputy Commissioner within whose jurisdiction the property is
situated, failing which the Deputy Commissioner or the Committee may take possession
of the property by evicting any person therefrom with such force as may be
necessary for the purpose:
Provided that no such order shall be made unless the person
likely to be affected thereby is given an opportunity of being heard before the
order is passed.
(b) The decision
of the Committee under sub-paragraph (a), shall be final.”
9.
Amendment of
paragraph 13 of MLR-9 of 1959.— In the Regulation, in paragraph 13 , for
sub-paragraph (a), the following shall be substituted:-
“(a) The
property surrendered or taken possession of in pursuance of this Regulation
shall be allotted by the Committee in such manner and on such terms and
conditions as are prescribed in the Schedules annexed to this Regulation.”
10.
Addition of
new paragraph 18 in MLR-9 of 1959.— In the Regulation, after paragraph 17,
the following new paragraph shall be added:-
“18 Notwithstanding any judgment, decree or order of any
court, an order passed at any time before the commencement of this Ordinance by
the Committee or any of its members, in exercise of the authority conferred on
the Committee or its members by the Regulation, shall not be invalid merely
because of any defect in the constitution of the Committee or the incompetence
of the person making the order or the repeal of evacuee laws by the Evacuee
Property and Displaced Persons Laws (Repeal) Act, 1975 (XIV of 1975), provided
any such order was passed with the approval of the General Headquarters, and
all such orders shall be deemed to have been validly passed and shall have, and
shall be deemed always to have had, effect accordingly.”
11. Amendments of Schedule of
MLR,9 of 1959.— In the Regulation,—
(a)(i) in Schedule I, for the words “evacuee land/
property” the word “land” shall be substituted;
(ii)
In Schedule II, in sub-paragraph (2), in clause (b),
the brackets and words “(one officer in each Patwar circle)” shall be omitted;
(iii)
In Schedule III,—
(b)
condition No. 10 shall be substituted by the
following:-
“10. The allotment shall be
liable to be cancelled for breach of any of the conditions mentioned in this
Schedule provided the allottee is given an opportunity of being heard before
the allotment is cancelled.”
(c)
after condition No. 10, the following new condition
shall be added:-
“11. The allotment shall be liable to
be cancelled if the land is transferred by the allottee to any person without
the permission of the General Headquarters.”
[1]
This Ordinance was promulgated by the Governor of the Punjab on 28th January,
1981; and, published in the Punjab Gazette, (Extraordinary), dated 1st
February, 1981; pages 71-A to 71-F.
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