EXTINGUISHMENT OF RIGHTS) ACT, 1950
( XVI of 1950)
[10th
June, 1950]
An
Act
to provide for
resumption of certain grants of 3[
Government] land
Preamble.- WHEREAS certain grants of 4[Government] land
were made under section 10 of the Colonization of Government Lands (Punjab)
Act, 1912, during the years 1945 to 1947 in material disregard of public
interest and Government policy and of procedure governing the making of such
grants;
AND, WHEREAS, the Governor of the
Punjab has, in pursuance of a proclamation issued [3]by
the Governor-General of Pakistan under section 92-A of the Government of India
Act, 1935 assumed on behalf of the Governor-General all powers vested in or
exercisable by the Provincial Legislature under the said Act;
NOW,
THEREFORE, in exercise of the powers so assumed the Governor is hereby
pleased to enact as follows:-
1.
Short title,
extent and commencement.— (1) This Act shall be called the Punjab [4][
Government] Lands (Resumption of Grants and Extinguishment of Rights) Act, 1950.
(2)
It shall extend to the whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
In this Act unless there is anything repugnant in the subject or context the
word—
(i)
“Collector” shall have the meaning assigned to it
in section 3 of the Colonization of Government Lands (Punjab) Act, 19127;
(ii)
“Grantee” means a person to whom a grant of land is
made on any terms by the Government under the Colonization of Government Lands
(Punjab) Act, 1912, and includes the successor in interest of such grantee; and
3.
Resumption
of grants and extinguishment of rights in land.— Notwithstanding anything
contained in the Colonization of Government Lands (Punjab) Act, 1912, or any
other law for the time being in force, the Government if satisfied after such
enquiry as it may consider necessary that any grant of [6][Government]
land, on any conditions, made during the years 1945 to 1947, was made in
disregard of public interest or Government’s policy or of the procedure
required to be followed in such cases, whether the grantee has taken possession
of the land or not and irrespective of the acquisition of proprietary rights in
the land by the grantee, may order resumption of the grant and extinguishment
of all rights of the grantee in the land covered by the grant from such date as
it may specify generally or in particular cases.
4.
Collector to
resume possession and grant of compensation, etc.— (1) Where an order
resuming any grant or extinguishing rights in land covered by such grant has
been made under the last section, the Collector may forthwith re-enter upon the
said land and resume possession thereof.
(2)
The grantee or any one claiming through or under him
shall not be entitled to any compensation except for any buildings erected or
trees planted by him on the land which in the opinion of the Government were
necessary for the enjoyment of the grant.
(3)
If prior to the making of an order under section 3
proprietary rights have been acquired by the grantee in the whole or part of
any land covered by the grant, the money paid by him towards such acquisition
shall be refunded.
5.
Possession
to be taken pending payment of compensation, etc.— (1) Where a grantee is
entitled to any compensation under sub-section (2) or to any refund under
sub-section (3) of section 4, the
Collector may take possession of the land pending payment thereof.
(2)
The amount of the compensation shall be assessed by
such officer and on such basis and be paid in such manner as may be prescribed
by rules made by the Government in this behalf.
6.
Bar of
Courts jurisdiction.— No court shall have jurisdiction in any matter which
the Government or a Collector or any other officer appointed by the Government
is empowered by this Act to dispose of, or shall take cognizance of the manner
in, or the reasons for, which the Government or a Collector or other officer
appointed by Government, exercise any power vested in it or in him by or under
this Act.
7.
Rules.—
The Government may frame rules for carrying out the purposes of this Act.
_____________________________________
[1]
This Act was assented to by the Governor of the Punjab on 9th June, 1950; and,
published in the Punjab Gazette,
(Extraordinary), dated 10thJune, 1950 , pages 115-116.
[2]
Substituted, for the word “Crown”, by the West Pakistan Laws (Adaptation)
Order, 1964, section 2 (1), Schedule, Part I. 3 Ibid. 4 Ibid.
[3]
It was issued on 24th January, 1949 and stood revoked on 5th April, 1951.
[4]
Substituted, for the word “Crown”, by the West Pakistan Laws (Adaptation)
Order, 1964, section 2(1), Schedule, Part I 7 V of 1912.
[5]
The words “of the Punjab” omitted by the West Pakistan (Adaptation and Repeal
of Laws) Act, 1957 (XVI of 1957), section 3, Schedule III.
[6]
Substituted, for the word “Crown’, by the West Pakistan Laws (Adaptation)
Order, 1964, section 2(1), Schedule, Part II.
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