N.W.F.P NEW IRRIGATION PROJECTS (CONTROL AND PREVENTION OF SPECULATION IN LAND) ACT, 1950

THE NORTH-WEST FRONTIER PROVINCE  NEW IRRIGATION PROJECTS  (CONTROL AND PREVENTION  OF  SPECULATION  IN LAND) ACT, 1950.
(ACT NO. XIX OF 1950).
(Received the assent of the Governor, North-West Frontier Province on the 24th March,1950). 
AN 
ACT
to control the lands and their alienation in the Irrigation Projects areas.

WHEREAS the Provincial Government contemplate to  commence the execution of the New Irrigation Projects in  order to conserve and utilize to the best advantage the waters of the  Rivers and Sub-soil Waters.

Preamble

            AND WHEREAS considerable purchases of land which are of speculative character have been made or are likely to be made in the areas which are to be irrigated when the project are complete;
            AND WHEREAS it is necessary that the Government should control the areas as well as the alienations;

            It is hereby enacted as follows:—

1.         (1)  This Act may be called the 1North- West Frontier 2[Province] New Irrigation Projects (Control and Prevention of Speculation  in  land)  Act, 1950.

Short title, extent and commencement

            (2)     (a)     It extends to the areas and villages in the North-West Frontier 2[Province] to be notified by the Provincial Government.
                     (b)     The Provincial Government may by notification in the Official Gazette:—
                              (i)  remove any specified area or village or portion of a village;

1.   Now to be construed as referring to the districts of Bannu, D. I. Khan, Hazara, Kohat, Mardan and Peshawar see W. P. Act XVI of 1957 s. 3 (1) Sch. -I.

2.    The word "Province" inserted by N.W.F.P. Adaptation of Laws Order, 1975, which was earlier omitted by W. P. A. O. 1964.

(ii)     extend all or any of the provisions of the Act to any village or portion of a village or areas subject to such modifications as may be specified in the notification.
(3)     It shall come into force at once.

Definitions.

2.         In this Act, unless there is any thing repugnant in the subject or context:—

(1)   "alienation" includes sale, mortgage, lease, gift, exchange, but shall not include alienation of land in lieu of dower.

1.    "prescribed" means prescribed by rules made under this Act.

2.    "project area" or "area" means the area consisting of the villages or portion of villages or area notified by the Provincial Government from time to time

3.    "Project land" or "land" means land in such area.

Appointment of Collector, his duties and Status

3.         (1) The Provincial Government may, by notification in the official gazette appoint either by name or as holding any office for the time being, a Collector for any project area.

1.    The Collector so appointed shall perform such duties and exercise such powers as may be prescribed, for the purposes of carrying into effect the provisions of this Act and the rules made there-under.

2.    Every such Collector and every member of his staff appointed to assist him shall be deemed to be a "public servant" within the meaning of Section 21 of the Pakistan Penal Code.

                        2[4   #*****]

Annulment of certain Alienations.

5.         No alienation of any land in the project area made by any owner, his agent, assignee or attorney on or after the 15th of August, 1947 and until the commencement of this Act, shall be effective so as to confer any right or remedies on the party to such transfer or any person claiming under him, unless such transfer is proved to the satisfaction of the Collector to be bona fide, for a reasonable price and not speculative in character.

1.   Subs. for "Provincial Government" by W. P. Act XVI of 1957, s. 3 (3) and Sch-III. 2.
Section, 4, omitted by W. P. Act IV of 1969, s. 2.

6.         (a) The Collector shall value all lands in the project areas at the average price of  such land prevailing during the five years commencing from the first of January, 1934 and ending with 31st December, 1938.

Valuation of land the Project areas.

            (b) For the purpose of determining the value, the Collector shall consider the following among other matters as evidence of such value:-
                     (i) the price or value actually received by the vendors from the vendees in the sale of project lands during the said five years;
                     (ii) the estimated amount of the average annual net assets of the land;
                     (iii) the land revenue assessed upon the land; and
                     (iv) the value of land as shown in mortgages during the said five years.
            (c) Subject to the provision of the next succeeding sections valuation fixed by the Collector shall be final and shall not be called in question in any civil, revenue or  criminal court.

7.         The Provincial Government may revise the value of any land fixed by the Collector under Section 6 and fix any other valuation of such land as it deems fit, in which case the value fixed by the Government will be final and will not be called in question by any civil, revenue or criminal court.	Power of Provincial Government to revise valuation.
8.         The Provincial Government may, at any time within fifteen years after such date as may be notified in the official gazette as the date on which water from an Irrigation Project is made available for the irrigation of land, revalue the lands in the project area, which valuation shall not in any case be less than 100 percent above the valuation fixed under Section 6 or 7 and valuation so fixed shall be final and shall not be called in question in any civil, revenue or criminal court.	Power of Provincial Government to revaluate lands within 15 years.
9.         The difference which is found in revaluation between the first valuation under Section 6 or 7 and second valuation under Section 8 shall be a debt which the owner of the land for the time being shall be deemed to owe to the Provincial Government and on demand shall be liable to pay this debt in five equal annual installments to the Provincial Government. The debt or part of the debt due from the owner of the land shall be recovered as an  arrear of land revenue.	Difference between the two valuations to be a debt payable by the owner

Acquisition of land by the Provincial Government	10.       (1) Any person owning any land in the project area shall, on demand made by the Provincial Government by notice in writing within 15 years from the commencement of this Act, be bound to sell the land or part of the land, as the case may be, to the Provincial Government at the price, mentioned in the notice.             (2) The Provincial Government may dispose of any project land which it owns or which it acquires by purchase under this section, in any manner it thinks fit.
Alienation made in contravention of the Act to be null and void.	11.       Any alienation of project land made by a person against the provisions of this Act shall be null and void and shall not confer any right or remedies on the parties to such alienation or any person claiming under them.
Power of the Provincial Government to call of land examine the records.	12.        The 1[Board of Revenue] or the officer appointed by  it in that behalf may at  any time either suo motu or on application, call for and examine the records relating to any order passed or proceedings taken under this Act by any authority or officer, for the purposes  of satisfying  itself or himself as the case may be, as to the legality,  regularity or  propriety of such order or proceeding, and may pass such order in reference thereto as it thinks fit.
Finality of order.	13. No order passed by the Provincial Government or any authority or officer under this Act shall be called in question in any civil, revenue or criminal court.
Bar of certain proceedings.	14.       (1) No suit or other proceeding shall lie against the Provincial Government for anything done  or purporting  to be  done under this Act or any rule made there under.             (2)        No suit prosecution or other proceeding shall lie against any officer or servant of the Provincial  Government for any act done or purporting to be done by such officer or servant under this Act or any rule made thereunder, without the previous sanction of the  Provincial Government.             (3)        No officer or servant of the Provincial Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed or authorised by or under this Act.
Power to make rules	15.       (1) The Provincial Government may make rules to carry out all or any of the purposes of this Act and not inconsistent therewith.

1.    Subs. for 'Provincial Government" by W. P. Act XVI of 1957, s. 3, (3), Sch.-III.

            (2)        la particular and without prejudice to the generality of the foregoing power, such rules may provide for :-
(a)all matters expressly required or allowed by this Act to be prescribed;
            (b)     the opening and maintenance of a common register for the project area, showing the ownership, and changes in the ownership of lands therein and any other particulars which may be deemed necessary;
(c)     the penalties which may be imposed for contravention of any of the provisions of this Act and the authority which may impose such penalties, provided that penalty shall not in any one case exceed one thousand rupees and ;
(d)    generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Act and fixing the time within which such proceedings shall be initiated.
            (3)  All rules made under this section shall be published in the official Gazette and upon such publication shall have effect as if enacted in this Act.

16.       If any difficulty arises in giving effect to the provisions of this Act the Provincial Government may, as  occasion may require, by order do anything which appears to them to be necessary for the purpose of removing the difficulty.	Power to remove difficulties.
17.       Nothing in this Act shall apply to the acquisition of any land:-	Savings

            (a)     at a sale held by any Civil, Revenue or Criminal Court in execution of a decree or order; or
            (b)     at a sale conducted under any law for the time being in force for the recovery of any revenue due to the Provincial Government or of any sum recoverable as arrear of such revenue; or
            (c)     by exchange in accordance with any Scheme made or approved by the Provincial Government:

            Provided that in cases falling under clause (a) or clause (b) the court which, or the officer, who ordered the land to be sold, may of its or his own motion or on the application of the Provincial Government or any party to the proceedings, set aside the sale, if the Court or officer is satisfied that the sale was a collusive transaction or was made with a view to defeat or evade the provisions of this let.

Punishment or obstruction in the execution of the project	18.       Any person who obstructs or abets obstruction to  the execution of the projects shall be liable to a term  of imprisonment which may extend to one year or fine or both.
Effect on other enactments	19.       The provisions of this Act shall take effect not withstanding anything contained to the contrary in any other enactment for the time being in force.