[1]THE
TOWN IMPROVEMENT ACT, 1922
( IV of 1922)
[17th November, 1922] An
Act
for the Improvement
of Certain Areas
Preamble.— [2][WHEREAS it is expedient to make
provision for the improvement and expansion of towns in the Province of [3][
the Punjab]; ]
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Title, extent and
commencement.— (1) This Act may be called the [4][*
* *] Town Improvement Act, 1922.
[7] [(3) This section and section 66 shall come
into force at once. The Provincial Government may by notification propose to
apply the rest of the Act to the whole or to any part of a municipality and to
any locality adjacent thereto on such date as may be specified in such
notification, and the Act shall apply accordingly after the lapse of three
months; unless within that period the Provincial Government directs by a
notification that the Act shall not so apply]. 2. Definitions.— In this Act unless there is something repugnant in
the subject or context—
(1)
words and expressions not defined in this Act have the
same meanings as in[8][the
Punjab Local Government Act, 1975];
(2)
“land” includes land as defined in clause (a) of
section 3 of the Land Acquisition Act, 1894 ;
(3)
“street alignment” means lines forming the boundaries
of a street dividing the same from lands adjoining on either side;
(4)
“building line” means a line (in rear of the street
alignment) up to which the main wall of a building abutting on a projected
street may lawfully extend;
(5)
“tribunal” means a tribunal constituted under section
60;
(6)
“Municipal Committee” means the committee established
in accordance with the provisions of the 9[Punjab Local
Government Act, 1975], for the municipality to which or to any part of which
the provisions of this Act have been applied under sub-section (3) of Section
1;
(7)
“local area” means the area to which this Act has been
applied and the area within which a Trust has been created for the purposes of
carrying out the provisions of the Act;
(8)
all references to anything done, required, authorised,
permitted, forbidden or punishable, or to any power vested, under this Act
shall include anything done, required, authorised, permitted, forbidden or
punishable or any power vested—
(a)
by any provision of this Act, or
(b)
by any rule or scheme made under the provisions of this
Act, or
(c)
under any provision of [9][the
Punjab Local Government Act, 1975] which the Trust has by virtue of this Act
power to enforce;
Land (Housing) Act, 1973; and
(12) “Controlled Area” means an area declared as such under section
55-A of this Act].
[13][
CHAPTER II
CONSTITUTION OF TRUSTS
3. Creation and
incorporation of trust.— The duty of carrying out the provisions of this
Act in any local area shall subject to the conditions and limitations
hereinafter contained, be vested in a board to be called “The (name of town)
Improvement Trust” hereinafter referred to as “the trust”, and every such board
shall be a body corporate and have perpetual succession and a common seal, and
shall by the said name sue and be sued.
[14][4. Constitution of Trust.— The Trust
shall consist of a chairman and such other trustees including at least thirty
three percent women, as may be appointed by the Provincial Government.]
5.
Removal of
trustees.— The Provincial Government may, at any time, remove the chairman
or any other trustee and appoint another chairman or trustee, as the case may
be, in this place.
6.
Resignation
of trustees.— (1) The chairman or any trustee may at any time resign his office:
Provided that
his resignation shall not take effect until accepted by the Provincial
Government.
(2) Where the
office of the chairman falls vacant, either by the resignation of the incumbent or due to any other cause,
the Provincial Government may appoint one of the trustees to act as the
chairman till such time as the chairman is appointed.
7.
Remuneration
of chairman and other trustees.— The chairman and the other trustees shall
receive such salary, remuneration or allowances as may be sanctioned by the
Provincial Government.]
[Sections 8 to 11, deleted by The Town Improvement (West Pakistan
Amendment) Ordinance, 1962 (XVIII of 1962)]
CHAPTER III
PROCEEDINGS OF THE TRUST AND COMMITTEE
12. Meetings of
trust.— (1) (a) The Trust shall ordinarily meet for the transaction of
business at least once in every month at such time as it may fix, provided that
the chairman may, whenever he thinks fit, and shall, upon the written request
of [15][
any trustee], call a special meeting.
[16] [(b) The quorum necessary for the
transaction of business at an ordinary or special meeting shall be the chairman
and at least one other trustee, and where the business to be transacted is the
formation of any scheme under Chapter IV, the quorum shall be the chairman and [17][half
of the number of other trustees, a fraction being counted as one].
(c)
At every meeting the chairman, if he be present, or in
his absence such one of the trustees 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 trustees present; be president of the
meeting in case of an equality of votes having a second or casting vote.
(e)
Minutes of the names of the trustees present and of the
proceedings at each meeting shall be drawn up and recorded in a book to be kept
for the purpose, shall be signed by the person presiding at the meeting or at
the next ensuing meeting, and shall at all reasonable times and without charge
be open to inspection by any trustee.
(2) No trustee
shall be entitled to object to the minutes of any meeting unless he was present
at the meeting to which they relate.
[18][13. Associate members.— (1) The Trust,
may, and if so desired by the Provincial Government, shall associate with
itself, in such manner, for such period and for such purposes as may be
prescribed by rules made under section 74, any person whose assistance or
advice it may desire in carrying out any of the provisions of this Act, or any
person nominated by the Provincial Government in this behalf, and persons so
associated shall be known as associate members.
(2) An associate
member shall have the right to take part in the discussions of the Trust, but
shall not have a right to vote at a meeting of the Trust and shall not be
deemed to be a trustee].
14.
Constitution
and functions of committees.— (1) The Trust may from time to time appoint
committees of the Trust consisting of such persons of any of the following
classes as it may deem fit, namely:-
(i)
trustees;
(ii)
persons associated with the Trust under section 13;
(iii)
other persons whose services, assistance or advice the
Trust may desire as members of such committees:
Provided that no
such committees shall consist of less than three persons, and that at least one
trustee shall be member thereof.
(2)
The trust may—
(a)
refer to such committees, for inquiry and report, any
matter relating to any of the purposes of this Act, and
(b)
delegate to such committees by resolution and subject
to any rules made under section 74, any of the powers or duties of the trust.
(3)
The trust may, at any time, dissolve, or, subject to
the provisions of sub-section (1), alter the constitution of any such
committees.
(4)
Every such committee shall conform to any instructions
from time to time given to it by the trust.
(5)
All proceedings of any such committee shall be subject
to confirmation by the Trust.
(6)
Any person associated with the trust under section 13
or appointed a member of a committee of the trust under clause (iii) of
sub-section (1) shall be entitled to receive such remuneration either by way of
monthly salary or by way of fees or partly in one of these ways and partly in
the other as the [19][
Provincial Government] may prescribe.
15.
Meetings of
committees.— (1) Committees appointed under section 14 may meet and adjourn
as they think proper; but the chairman of the Trust may, whenever he deems fit,
call a special meeting of any such committee, and shall do so upon the written
request of not less than two members thereof.
(2)
The chairman may attend any meeting of a committee
appointed under section 14 whether he is a member of such committee or not, and
shall preside at every such meeting at which he is present; if he be absent,
any trustee present and being a member of such committee as may be chosen by
the meeting, shall preside: provided in this case that if only one trustee is
present, he shall preside.
(3)
All questions which come before any meeting of such
committee shall be decided by a majority of the votes of the members present,
the person presiding in case of an equality of votes having a second or casting
vote.
(4)
No business shall be transacted at any meeting of such
committee when less than 2 members or, when the committee consists of more than
eight members, when less than onefourth of such members are present.
16.
Trustees and
associated members of trust or committee not to take part in proceedings in
which they are personally interested.— (1) A trustee who—
(i)
has, directly or indirectly, by himself or by any
partner, employer, or employee, any such share or interest as is described in
the proviso to section 10, in respect of any matter, or
(ii)
has acted professionally, in relation to any matter, on
behalf of any person having therein any such share or interest as aforesaid,
shall not vote or take any other part in any proceedings of the Trust or any
committee appointed under this Act relating to such matter.
(2)
If any trustee, or any person associated with the Trust
under section 13 or any other member of a committee appointed under this Act,
has, directly or indirectly, any beneficial interest in any land situated in an
area comprised in any improvement scheme framed under this Act, or in any area
in which it is proposed to acquire land for any of the purposes of this Act,—
(i)
he shall, before taking part in any proceeding at a
meeting of the Trust or any committee appointed under this Act, relating to
such area, inform the person presiding at the meeting of the nature of such
interest;
(ii)
he shall not vote at any meeting of the Trust or any
such committee upon any resolution or question relating to such land; and
(iii)
he shall not take any other part in any proceeding at a
meeting of the Trust or any such committee relating to such area if the person
presiding at the meeting considers it inexpedient that he should do so.
17.
Power of
trust to fix number and salaries of permanent servants and appointment of
temporary servants in cases of emergency.— [20][(1)]
Subject to such rules as the [21][Provincial
Government] may make under clause (iii) of section 73 the Trust may from time
to time employ such servants as it may deem necessary and proper to assist in
carrying out the purposes of this Act, and may assign to such servants such pay
as it may deem fit.
3 [(2) The Provincial Government may from
time to time specify the posts under the trust, which shall be filled by
persons belonging to the Local Councils Service constituted under Article 44 of
the [22]Basic
Democracies Order, 1959[23],
(P.O.18 of 1959) hereinafter referred to as the Order, and in relation to the
said posts and the persons appointed thereto, the provisions of Chapter VIII of Part II of the Order and any
rules framed in pursuance thereof shall mutatis
mutandis apply and as if any reference in the said provisions and the rules
to—
(a)
a local council, were a reference to the Trust;
(b)
the Controlling Authority, were a reference to the
Provincial Government; and (c) the Order,
were a reference to this Act].
18.
[Power of
appointment, etc.] Omitted by the
Punjab Land Revenue (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962)
, Section 8.
19.
Control by
Chairman.— The Chairman shall exercise supervision and control over the
acts and proceedings of all officers and servants of the Trust; and, subject to
the foregoing sections, shall dispose of all questions relating to the service
of the said officers and servants and their pay, privileges and allowances.
20.
Delegation
of certain of chairman’s functions.— (1) The chairman may, by general or
special order in writing, delegate to any officer of the Trust any of the
chairman’s powers, duties or functions under this Act or any rule made
thereunder except those conferred or imposed upon or vested in him by sections
12, 15, 21, 46 and 96, respectively.
(2)
The exercise or discharge by any officer of any powers,
duties or functions delegated to him under sub-section (1) shall be subject to
such conditions and limitations (if any) as may be prescribed in the said
order, and also to control and revision by the chairman, or the Trust. Supply
of information to Government
21.
Supply of
information and documents to the Government.— (1) The chairman shall
forward to the [24][Provincial
Government] a copy of the minutes of the proceedings of each meeting of the
trust, within ten days from the date on which the minutes of the proceedings of
such meeting were signed as prescribed in clause (e) of sub-section (1) of
section 12.
(2)
If the 2[Provincial
Government] so directs in any case, the chairman shall forward to it a copy of
all papers which were laid before the trust for consideration at any meeting.
(3)
The 3[ Provincial
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 trust, or
(ii)
a report on any such matter, or
(iii)
a copy of any document in the charge of the chairman.
The chairman shall comply with
every such requisition without unreasonable delay.
[25][21-A. Control over the activities of
Improvement Trust.— If in the opinion of Government, anything done or
intended to be done by or on behalf of the Trust is not in conformity with law,
or is in any way against public interest, Government may by order—
(a)
quash the proceedings;
(b)
suspend the execution of any resolution passed or order
made by the Trust;
(c)
prohibit the doing of anything proposed to be done; or
(d)
require the Trust to take such action as may be
specified].
CHAPTER IV
SCHEMES UNDER THE ACT
22.
Matters to
be provided for by general improvement scheme or rebuilding scheme.— (1) Whenever it appears to the trust that—
(a)
any buildings which are used or are intended or likely
to be used as dwelling places within its local area are unfit for human
habitation, or
(b)
danger is caused or likely to be caused to the health
of the inhabitants of such local area or part thereof by reason of—
(i)
the congested condition of streets or buildings or
groups of buildings in such local area or part, or
(ii)
the want of light, air, ventilation or proper
conveniences in such local area, or part, or
(iii)
any other sanitary defects in such local area or part,
the Trust may pass a resolution to the effect that such local area or part is
in an insanitary locality
and that “a general improvement
scheme” ought to be framed in respect of such locality and may then proceed to
frame such a scheme.
(3)
Whenever the Trust declares any local area or part
thereof to be an insanitary locality within the meaning of this section, and is
of opinion that having regard to the comparative value of the buildings in such
local area or part and the sites on which they are erected it is undesirable to
frame a general improvement scheme and the most satisfactory method of dealing
with the local area or any part thereof is “a rebuilding scheme,” it may
proceed to frame such a scheme, which may provide for the reservation of
streets and the enlargement of existing streets; the relaying out of the sites
of the local area or part thereof upon the streets so reserved or enlarged; the
demolition of existing buildings and their appurtenances upon such sites; and
the erection of buildings in accordance with the scheme.
23.
Street
schemes and deferred street schemes.— (1) Whenever it appears to the Trust
that for the purpose of—
(i)
providing building sites, or
(ii)
remedying defective ventilation, or
(iii)
creating new or improving existing means of
communication and facilities for traffic, or
(iv)
affording better facilities for conservancy, within its
local area or part thereof it is expedient to lay out new streets,
thoroughfares and open spaces, or alter existing streets, the Trust may pass a
resolution to that effect, and shall then proceed to frame “a street scheme”
which shall prescribe improved alignments for streets, thoroughfares and open
spaces for such local area or part as the Trust may deem fit.
(2)
Whenever it appears to such Trust that for any of the
purposes mentioned in subsection (1) within its local areas or part thereof it
is expedient to provide for the ultimate widening of any existing street by
altering the existing alignments to improve alignments to be prescribed by the
Trust, but that it is not expedient immediately to acquire all or any of the properties lying within the proposed
improved alignments, the Trust, if satisfied of the sufficiency of its
resources, may pass a resolution to that effect, and forthwith proceed to frame
a “deferred street scheme” prescribing an alignment on each side of such
street.
24.
Development
and expansion schemes.— (1) The Trust may, for the purpose of development
of any locality within the municipal limits contained in its local area,
prepare “a development scheme”, and
(2)
Such Trust may, if it is of opinion that it is
expedient and for the public advantage to promote and control the development
of and to provide for the expansion of a municipality in any locality adjacent
thereto, within the local area of such Trust prepare “an expansion scheme”.
(3)
“A development scheme” or “an expansion scheme” may
provide for the lay-out of the locality to be developed, the purposes for which
particular portions of such locality are to be utilised, the prescribed street
alignment and the building line on each side of the streets proposed in such
locality, the drainage of insanitary localities and such other details as may appear desirable.
[26][24-A. Housing Scheme.— (1) The Trust
may, and if so directed by the Provincial Government shall, frame a housing
scheme and submit it to the Provincial Government.
(2) Nothing contained in sections 36, 38 and 40 shall apply to a
housing scheme].
25.
Housing
accommodation scheme.— If the Trust is of opinion that it is expedient and
for the public advantage to provide housing accommodation for any class of the
inhabitants within its local area such Trust may frame “a housing accommodation
scheme” for the purpose aforesaid:
Provided that if
the [27][Provincial
Government] are satisfied that within the Trust area it is necessary to provide
housing accommodation for industrial labour, the 3[Provincial
Government] may by order require the Trust to frame a scheme under this section
and to do all things necessary under the Act for executing the scheme so made;
and if the Trust fail within such time as may be prescribed to frame a scheme
to the satisfaction of the [28][Provincial
Government] and to execute it, the [29][Provincial
Government] may either by order require the municipal committee to frame and
execute a scheme, or themselves frame a scheme and take such steps as are
necessary to execute it. All expenses incurred by the 3[Provincial
Government] or by the municipal committee in the exercise of the powers
conferred upon them by this section shall in the first instance, be paid out of
provincial revenues, but the amount so spent shall be recoverable from the
Trust as if it were a [30][debt
due to the Provincial Government], and the [31][Provincial
Government] may attach the rents and other income of the Trust. The provisions
of section 72 shall also apply to all moneys so paid.
26.
Rehousing
Scheme.— Whenever the Trust deems it necessary that accommodation should be
provided for persons who are displaced by the execution of any scheme under
this Act, or are likely to be displaced by the execution of any scheme, which
it is intended to submit to the 6[Provincial
Government] for sanction under this Act it may frame “a rehousing scheme” for
the construction, maintenance and management of such and so many dwellings and
shops as ought, in the opinion of the Trust, to be provided for such persons.
27.
Rehousing of
displaced resident house-owners.— Any resident house-owner who is likely to
be displaced by the execution of any scheme under this Act, may apply to the
Trust to be re-housed, and no such scheme shall be put into execution until a
rehousing scheme as provided for in section 26 for the re-housing of such
resident house owners as may apply under this section has been completed.
Explanation— The demolition of a portion
of a dwelling house which renders the remaining portion uninhabitable shall be
deemed to be a displacement of the person or persons residing in the said
dwelling house.
28.
Combination
of schemes and matters which may be provided for in scheme.— (1) A scheme
under this Act may combine one or more types of schemes or any special features
thereof.
(2)
A scheme under this Act may provide for all or any of
the following matters:-
(i)
the acquisition under the Land Acquisition Act, 1894,
as modified by this Act, or the abandonment of such acquisition under sections
56 and 57 of this Act, of any land or any interest in land necessary for or
affected by the execution of the scheme, or adjoining any street, thoroughfare,
open space to be improved or formed under the scheme; [32][or
in case of a housing scheme, acquisition of land under the Punjab Acquisition
of Land (Housing) Act, 1973];
(ii)
the acquisition by purchase, lease, exchange or
otherwise of such land or interest in land;
(iii)
the retention, letting on hire, lease, sale, exchange
or disposal otherwise of any land vested in or acquired by the Trust;
(iv)
the demolition of buildings or portions of buildings
that are unfit for the purpose for which they are intended and that obstruct light
or air or project beyond the building line;
(v)
the relaying out of any land comprised in the scheme
and the redistribution of sites belonging to owners of property comprised in
the scheme;
(vi)
the laying out and alteration of streets;
(vii)
the provision of open spaces in the interests of the
residents of any locality comprised in the scheme or any adjoining locality and
the enlargement or alteration of existing open spaces;
(viii)
the raising, lowering or reclamation of any land vested
in or to be acquired by the Trust for the purposes of the scheme and the
reclamation or reservation of land for the production of fruit, vegetables,
fuel, fodder and the like for the residents of the local area;
(ix)
the draining, water-supply and lighting of streets
altered or constructed;
(x)
the provision of a system of drains and sewers for the
improvement of ill-drained and insanitary localities;
(xi)
the doing of all acts intended to promote the health of
residents of the area comprised in the scheme, including the conservation and
preservation from injury or pollution of rivers and other sources and means of
water-supply;
(xii)
the demolition of existing buildings and the erection
and re-erection of buildings by the Trust or by the owners or by the Trust in
default of the owners;
(xiii)
the advance to the owners of land comprised within the
scheme upon such terms and conditions as to interest and sinking fund and
otherwise as may be prescribed under the scheme of the whole or part or the
capital requisite for the erection of buildings in accordance with the scheme;
(xiv)
the provision of facilities for communication;
(xv)
all other matters which the [33][Provincial
Government] may deem necessary to promote the general efficiency of a scheme or
to improve the locality comprised in such scheme.
[34] [(3) While undertaking a scheme under this
section a provision of plot for the construction of mosque shall be made where
necessary].
29.
Effect of
prescribing a street alignment on powers of municipal committee.— Notwithstanding
anything contained in [35][the
Punjab Local Government Act, 1975] when any street alignment has been
prescribed by the trust in any scheme under this Act with the sanction of the [36][Provincial
Government] the municipal committee shall not have power to prescribe a regular
line for the street within the limits of the scheme, and any such line
previously prescribed by the committee within such limits shall cease to be the
regular line or line of frontage of the street.
30.
Powers of
Trust to set back or forward buildings adjacent to the street alignment.— (1)
Should any building or part of a building project beyond the regular line of a
street, either existing or determined on for the future, or beyond the front of
the building on either side thereof, the Trust may, whenever such building or
part has been either entirely or in greater part taken down or burnt down or
has fallen down, by written notice, require such building or part when being
rebuilt to be set back to or towards the said regular line or the front of the
adjacent buildings; and the portion of the land added to the street by such
setting back or removal shall become part of the street and shall vest in the
Trust.
(2)
The Trust may on such terms as it may deem fit require
or allow any building to be set forward for the improvement of the line of the
street.
(3)
When any building is set back or forward in pursuance
of a requisition made under the preceding clause, the Trust shall forthwith
make full compensation to the owner of the building for any damage or loss that
he may sustain.
(4)
If the additional land, which will be included in the
premises of any person required or allowed to set forward a building, or part
thereof, belongs to the Trust, the requisition or permission of the Trust to
set forward the building shall be sufficient conveyance to the said owner of
the said land, and the terms and conditions of the conveyance shall be set
forth in the said requisition or permission.
31.
Prohibition
of building beyond a street alignment.— (1) In the locality comprised in a
scheme under this Act, no person, shall, except with the written permission of
the Trust, erect, reerect, add to or alter any building so as to make the same
project beyond a street alignment or building line duly prescribed by the
Trust.
(2)
In the locality comprised in a development scheme or an
expansion scheme, if any person desires to erect, re-erect, add to or alter any
building on his land so as to make the same project beyond a street alignment
or a building line duly prescribed by the Trust, he shall apply to the Trust
for permission to do so, and if the Trust refuses to grant permission to such
person according to his application, and does not proceed to acquire such land
within one year from the date of such refusal, it shall pay reasonable
compensation to such person for any damage or loss sustained by him in consequence
of such refusal.
32.
Acquisition
of property affected by deferred street scheme.— (1) In the locality
comprised in a deferred street scheme the owner of any property affected by a
street alignment duly prescribed by the Trust may, at any time after the scheme
has been sanctioned by the [37][Provincial
Government], give the Trust notice requiring it to acquire such property before
the expiration of six months from the date of such notice, and the trust shall
acquire such property accordingly.
(2)
In the locality comprised in a deferred street scheme,
before proceeding to acquire any property affected by a street alignment duly
prescribed by the Trust other than property regarding which it has received a
notice under the preceding clause, the Trust shall give six months’ notice to
the owner of its intention to acquire the property.
33.
Official
representation.— (1) A scheme under this Act may be framed upon an official
representation by the municipal committee or otherwise.
(2)
An official representation referred to in sub-section
(1) may be made by the municipal committee—
(a)
on its own motion, or
(b)
on a written complaint by the medical officer of
health, or
[38] [(c) in
respect of any area comprised in a Union within the jurisdiction of a
municipality, on a written request signed by twenty-five or more inhabitants of
such Union].
(3)
If the municipal committee decides not to make an
official representation on any complaint made to it under clause (b) or clause
(c) of sub-section (2), it shall cause a copy of such complaint to be sent to
the Trust, with a statement of the reasons for its decision.
34.
Consideration
of official representation.— (1) The Trust shall consider every official
representation made under section 33, and if satisfied as to the truth thereof
and as to be sufficiency of its own resources, shall decide whether a scheme
under this Act to carry such representation into effect should be framed
forthwith or not, and shall forthwith intimate its decision to the municipal
committee.
(2)
If the trust decides that it is not necessary or
expedient to frame a scheme under this Act forthwith, it shall inform the
municipal committee of the reasons for its decision.
(3)
If the Trust fails, for a period of twelve months after
the receipt of any official representation made under section 33, to intimate
its decision thereon to the municipal committee, or if the Trust intimates to
the municipal committee its decision that it is not necessary or expedient to
frame a scheme of a type other than recommended by the municipal committee, the
municipal committee may, if it deems fit, refer the matter to the [39][
Provincial Government ].
(4)
The 4[Provincial
Government] shall consider every reference made to it under subsection (3) and
(a)
if it deems that the Trust ought to have passed a
decision within the period mentioned in sub-section (3) shall direct the Trust
to pass a decision within such further period as the [40][
Provincial Government] may deem reasonable, or
(b)
if it deems that it is expedient that a scheme should
forthwith be framed, shall direct the Trust to proceed forthwith to frame a
scheme, such a direction may prescribe the type of scheme to be framed.
(5)
The Trust shall comply with every direction given by
the [41][Provincial
Government] under sub-section (4).
35.
Matters to
be considered when framing improvement schemes.— When framing a
scheme under this Act in respect of any locality, regard
shall be had to—
(a)
the nature and the condition of adjoining localities
and of the town as a whole;
(b)
the direction in which the town appears likely to
expand; and
(c)
the claims of any other part of the local area likely
to require a scheme under this Act.
36.
Preparation,
publication and transmission of notice as to improvement schemes, and supply of
documents to applicants.— (1) When a scheme under this Act has been framed,
the Trust 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
statement of the land proposed to be acquired and a general map of the locality
comprised in the scheme may be inspected at reasonable hours.
(2)
The Trust shall—
(a)
notwithstanding anything contained in section 78 cause
the said notice to be published weekly for three consecutive weeks in the
Official Gazette and in a newspaper or newspapers with a statement of the
period within which objections will be received, and
(b)
send a copy of the notice to the [42][Chairman]
of the municipal committee, and to the medical officer of health.
(3)
The chairman shall cause copies of all documents referred
to in clause (iii) of subsection (1) to be delivered to any applicant on
payment of such fees as may be prescribed by rule under section 74.
37.
Transmission
to Trust of representation by committee as to improvement scheme.— The 2[chairman] of any municipal committee and
the medical officer of health to whom a copy of a notice has been sent under
clause (b) of sub-section (2) of section 36 shall, within a period of sixty
days from the receipt of the said copy, forward to the Trust any representation
which the municipal committee or the said medical officer of health may deem
fit to make with regard to the scheme.
38.
Notice of
proposed acquisition of land.— (1) During the thirty days next following
the first day on which any notice is published under section 36 in respect of
any scheme under this Act the Trust shall serve a notice on—
(i)
every person whom the trust has reason to believe after
due enquiry to be the owner of any immovable property which it is proposed to
acquire in executing the scheme,
(ii)
the occupier (who need not be named) of such premises
as the trust proposes to acquire in executing the scheme.
(2)
Such notice shall—
(a)
state that the Trust proposes to acquire such property
for the purposes of carrying out a scheme under this Act, and
(b)
require such person, if he objects to such acquisition,
to state his reasons in writing within a period of sixty days from the service
of the notice.
(3)
Every such notice shall be signed by, or by the order
of, the chairman.
39.
Furnishing
of information available in municipal records.— The [43][chairman]
of the municipal committee shall furnish the chairman at his request and on
payment of such fees as may be prescribed by rules made under section 73 with a
copy of such information relating to a locality regarding which a notice has
been published under section 36 4[or relating to a
locality in respect of which a housing scheme has been framed] as is available
in the municipal record.
40.
Abandonment
of scheme, or application to Provincial Government to sanction.— (1)
After the expiry of the periods respectively prescribed
under clause (a) sub-section (2) of section 36, by section 37 and by clause (b)
of sub-section (2) of section 38, in respect of any scheme under this Act, the
Trust shall consider any objection, or representation received thereunder, and
after hearing all persons or their representatives making any such objection,
or representation, who may desire to be heard, the trust may either abandon the
scheme or apply to the [44][Provincial
Government] for sanction to the scheme with such modifications (if any) as the
trust may deem necessary.
(2)
Every application submitted 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 (if any) received under
section 36;
(iv)
the representation (if any) received under section 37;
(v)
a list of the names of all persons (if any) who have
objected under clause (b) of subsection (2) of section 38, to the proposed
acquisition of their property and a statement of the reasons given for such
objection; and
(vi)
a statement of the arrangements made or proposed by the
Trust for the re-housing of persons who are likely to be displaced by the
execution of the scheme and for whose re-housing provision is required.
(3)
When any application has been submitted to the 2[Provincial Government] under sub-section
(1), the Trust shall cause notice of the fact to be published for two
consecutive weeks in the Official Gazette and in a newspaper or newspapers.
41.
Power to
sanction, reject or return scheme.— (1) The 3[Provincial
Government] may sanction, either with or without modification, or may refuse to
sanction, or may return for reconsideration, any scheme submitted to it under
section 40 4[ and section 24-A ].
(2)
If a scheme returned for reconsideration under
sub-section (1) is modified by the Trust, it shall be republished in accordance
with section 36—
(a)
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; and
(b)
in every other case, unless the modification is, in the
opinion of the [45][Provincial
Government] not of sufficient importance to require republication:
42.
Notification
of sanction of scheme.— (1) The [47][Provincial
Government] shall notify sanction of every scheme under this Act, and the Trust
shall forthwith proceed to execute such scheme, provided that it is not a
deferred street scheme, development scheme, or expansion scheme and provided
further that the requirements of section 27 have been fulfilled.
(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.
[48][42-A. Amendment of sanctioned scheme.—
The Provincial Government may, on the request of the Trust permit the
abandonment of the whole or part of a scheme sanctioned under section 41 and notify such permission in the official
gazette ].
43.
Alteration
of scheme after sanction.— A scheme under this Act may be altered by the
Trust at any time between its sanction [49][
by the Provincial Government] and its execution :
Provided as follows:-
[50] [(a) if any alteration is estimated to
increase the estimated cost of executing a scheme by more than the limit
prescribed, such alterations shall not be made without the previous sanction of
the Provincial Government.]
(b) if any
alteration involves the acquisition, otherwise than by agreement of any land
the acquisition of which has not been sanctioned by the [51][Provincial
Government] the procedure prescribed in the foregoing sections of this chapter
shall, so far as applicable, be followed as if the alteration were a separate
scheme.
44.
Inclusion of
different localities in combined scheme.— Any number of localities in
respect of which the Trust has framed or has proposed to frame schemes under
this Act may, at any time, be included in one combined scheme.
CHAPTER V
POWERS AND DUTIES OF THE TRUST
WHERE A SCHEME HAS BEEN SANCTIONED
45.
Transfer to
Trust of building or land vested in municipal committee for purposes of
scheme.— (1) Whenever any building, or any street or other land, or any
part thereof which is vested in the municipal committee is required for
executing any scheme under this Act the Trust shall give notice accordingly to
the [52][Chairman]
of the municipal committee, and such building, street, land or part shall thereupon
vest in the Trust, subject to the payment to the municipal committee of such
sum as may be required to compensate it for actual loss resulting from the
transfer of any building to the Trust.
(2)
If any question or dispute arises as to the sufficiency
of the compensation paid or proposed to be paid under sub-section (1), the
matter shall be referred to the [53][Provincial
Government] whose decision shall be final.
46.
Transfer of
private street to Trust for purposes of scheme.— (1) Whenever any street,
or part thereof, which is not vested in the municipal committee is required for
executing any scheme under this Act the Trust shall cause to be affixed in a
conspicuous place in or near such street, or part, a notice signed by the
chairman:
(a)
stating the purpose for which the street or part is
required, and
(b)
declaring that the Trust will, on or after a date to be
specified in the notice, such date being not less than thirty days after the
date of the notice, take over charge of such street, or part, from the owner or
owners thereof;
and shall simultaneously send a copy of such notice to the
owner or owners of such street, or part, or to the duly accredited agent of
such owner or owners.
(2)
After considering and deciding all objections (if any)
received in writing before the date so specified the Trust may take over charge
of such street, or part, from the owner or owners thereof and the same shall
thereupon vest in the Trust.
(3)
When the Trust alters or closes any street or part
thereof which has vested in it under sub-section (2), it shall pay such sum as
may be required to compensate the previous owner or owners for actual loss
resulting to him from such alteration or closure.
(4)
If the alteration or closing of any such street, or
part, causes special damage or substantial inconvenience to owners of property
adjacent thereto, or to residents in the neighbourhood, the Trust—
(i)
shall forthwith provide some other reasonable means of
access for the use of persons who were entitled as of right to use such street
or part, as a means of access to any property or place, and
(ii)
if the provision of such means of access does not
sufficiently compensate any such owner or resident for such damage or
inconvenience, shall also pay him reasonable compensation in money.
47.
Provision of
drain or water work to replace another situated on land vested in the Trust
under section 45 or section 46.— (1) When any building or any street or
other land or any part thereof, has vested in the Trust under section 45 or
section 46, no municipal drain or waterwork therein shall vest in the Trust
until another drain or water-work (as the case may be) if required, has been
provided by the Trust to the satisfaction of the municipal committee, in place
of the former drain or work.
(2)
If any question or dispute arises as to whether another
drain or water-work is required, or as to the sufficiency of any drain or
water-work provided by the Trust under sub-section (1) the matter shall be
referred to the [54][
Provincial Government], whose decision shall be final.
48.
Power of
Trust to make and deal with public street.— (1) The Trust may—
(a)
lay out and make a new public street and construct
tunnels and other works subsidiary to the same, and
(b)
widen, lengthen, extend, enlarge, raise the level of or
otherwise improve any existing public street if vested in the Trust, and
(c)
turn, divert, discontinue or close any public street so
vested, and
(d)
provide within its discretion building, sites of such
dimensions as it deems fit to abut on or adjoin any public street made widened,
lengthened, extended, enlarged, improved, or the level of which has been raised
by the Trust under clauses (a), (b) and (c) or by the 1[ Provincial
Government], and
(e)
subject to the provisions of any rule prescribing the
conditions on which property vested in the Trust may be transferred, lease,
sell or otherwise dispose of any land used by the Trust for a public street and
no longer required therefore, and in doing so impose any condition as to the
removal of any building existing thereon, as to the description of any new
building to be erected thereon, as to the period within which such new building
shall be completed and as to any other matter that it deems fit.
(2)
Whenever the Trust discontinues the public use of, or
permanently closes, any street vested in it, or any part thereof, it shall pay
reasonable compensation to every person who had an easement or right of way or
light and air over, upon or from such street or part, and who by such
discontinuance or closure has suffered special damage.
(3)
In determining the compensation payable to any person
under sub-section (2), the Trust shall make allowance for any benefit accruing
to him from the construction, provision or improvement of any other street at
or about the same time that the public street or part thereof, on account of
which the compensation is paid, is discontinued or closed.
[55][49. Powers under the [56]Punjab Local Government Act, 1975, vested
in the Trust.— (1) The provisions of sections 56, 57, 58, 59, 62, 63, 64,
65, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 91, 98, 99, 100, 101, 102, 105,
107, 112, 113, 114, 115, 116, 117, 214, 215, 216, 217, 218, 219, 221, 222, 225,
226, 227, 228, 229 and 232 of the [57]Punjab
Local Government Act, 1975, shall mutatis
mutandis and so far as may be consistent with the tenor of this Act, apply
to all localities in respect of which a scheme under this Act is in force and
for the period during which such scheme remains in force and all references in
the said sections to a municipal committee or to the chairman of a municipal
committee or to any officer or servant of a municipal committee shall be
construed as referring to the Trust which in respect of any such localities may
alone exercise and perform all or any of the powers and functions which under
any of the said sections might have been exercised or performed by the
municipal committee or by the chairman or any officer or servant of the
municipal committee:
Provided that
the Trust may delegate to the chairman or to any officer of the Trust all or
any of the powers conferred by this section.
(2) The Trust
may make bye-laws for any locality outside the limits of the municipal
committee comprised in a scheme under this Act—
(a)
generally for carrying out the purposes of this Act,
and
(b)
in particular and without prejudice to the generality
of the aforesaid powers, regarding any of the matters referred to in the
aforementioned sections of the [58]Punjab
Local Government Act, 1975.
[59][50. Limitation of powers of Trust under
section 49.— (1) The Trust shall not take any action under sections 62, 63,
64 or 65 of the [60]Punjab
Local Government Act, 1975, without having previously consulted the municipal
committee and obtained its consent:
Provided that if
the municipal committee does not give consent, the matter in dispute shall be
referred to the Provincial Government or to such officer as the Provincial
Government may appoint in that behalf, whose decision shall be final.
(2) If the
municipal committee deems it necessary that action should be taken within the
Trust area under sections 62, 63, 64, 65 of the 4Punjab
Local Government Act, 1975, it shall make an application to the Trust
requesting that such action be taken, the Trust shall thereupon comply with the
application, or give its reasons in writing for rejecting it:
Provided that if
the application be rejected by the Trust, the matter shall forthwith be
referred to the Provincial Government or to such officers as the Provincial
Government may appoint in that behalf whose decision shall be final.
51.
Power of the
Trust to facilitate movement of population.— In order to facilitate the
movement of the population in and around any local area to which this Act is
applied, the Trust 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 persons undertaking to provide, maintain and work
any means of locomotion, or
(b)
either singly or in combination with any other persons
construct, maintain and work any means of locomotion, under the provisions of
any law applicable thereto, or (c) Construct or widen, strengthen or otherwise
improve bridges:
Provided that no
guarantee or subsidy shall be made under clause (a) and no means of locomotion
shall be constructed, maintained or worked under clause (b), without the
previous sanction of the [61][
Provincial Government ].
52.
Power to
make surveys or contribute towards their cost.— The Trust may—
(a)
cause a survey of any land to be made whenever it
considers that a survey is necessary or expedient for carrying out any of the
purposes of this Act, or
(b)
contribute towards the cost of any such survey made by
any other local authority.
53.
Power of
entry.— (1) The chairman or any person authorised by him or by the Trust in
writing may, with or without assistants or workmen, enter into or upon any land
in order—
(i)
to make any inspection, survey, measurement, valuation
or inquiry,
(ii)
to take levels,
(iii)
to dig or bore into sub-soil,
(iv)
to set out boundaries and intended lines of work,
(v)
to mark such levels, boundaries and lines by marks and
cutting trenches, or
(vi)
to do any other thing, whenever it is necessary to do
so for any of the purposes of this Act or any rule made or
scheme sanctioned hereunder or any scheme which the Trust
intends to frame hereunder:
Provided as follows:-
(a)
Except when it is otherwise specially provided by a
rule no such entry shall be made between sunset and sunrise.
(b)
Except when it is otherwise specially provided by a
rule no building which is used as a human dwelling shall be so entered unless
with the consent of the occupier or if there be no occupier, the owner thereof,
without giving the said occupier or owner, as the case may be, at least
twenty-four hours’ previous notice in writing of the intention to make such
entry.
(c)
Even when any premises may otherwise be entered without
notice, reasonable warning and facility to withdraw shall be given to any
female not appearing in public according to the customs of the country.
(d)
Due regard shall always be paid so far as the
exigencies of the occasion permit to the social and religious usages of the
occupants of the premises entered.
(2)
Whenever any person enters into or upon any land in
pursuance of sub-section (1), he shall at the time of such entry pay or tender
payment for all necessary damages to be done as aforesaid; and in case of
dispute as to the sufficiency of the amount so paid or tendered he shall at
once refer the dispute to the Trust, whose decision shall be final.
(3)
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.
54.
Reference of
disputes to tribunal.— (1) If any question or dispute arises—
(a)
between the Trust and the previous owner of any street
or part thereof which has vested in the Trust under section 46 and has been
altered or closed by it, as to the sufficiency of the compensation paid or
proposed to be paid under sub-section (3) of that section, or
(b)
between the Trust and any person who was entitled as of
right, to use as a means of access any street or part thereof, which has vested
in the Trust under the said section—
(i)
as to whether the alteration or closing of such street
or part causes special damage or substantial inconvenience to owners of
property adjacent thereto or to residents in the neighbourhood, or
(ii)
as to whether the other means of access provided or
proposed to be provided under sub-section (4) of the said section are
reasonably sufficient, or
(iii)
as to the sufficiency of any compensation paid or
proposed to be paid under the said sub-section (4), or
(c)
between the Trust and any person as to the sufficiency
of any compensation paid or proposed to be paid to him under sections 30, 31 or
102, the matter shall be determined by the tribunal, hereinafter defined, if
referred to it either by the Trust or by the claimant within a period of three
months from the date on which the said person was informed of the decision of the
Trust fixing the amount of compensation to be paid to him or of the rejection
of his claim to compensation by the Trust, and the determination of the
tribunal shall be final:
Provided that
the tribunal shall not entertain the application of any claimant who has not
applied to the Trust for compensation within three months of the date on which
his claim to compensation accrued.
(2)
The provisions of sections 5, 6 and 12 of the
Limitation Act shall be applicable in determining whether any claim shall be
entertained.
(3)
If a reference to the tribunal be not made within the
period prescribed by sub-section (1) , the decision of the Trust shall be
final.
(4)
For the purpose of determining any matter referred to
it under sub-section (1), the tribunal shall have all the powers with regard to witnesses, documents
and costs which it would have if the Land Acquisition Act, 1894[62],
as modified by section 59 of this Act, were applicable to the case.
55.
Vesting in
committee of streets laid out or altered, and open spaces provided by the Trust
under a scheme.— (1) Whenever the municipal committee is satisfied—
(a)
that any street laid out or altered by the Trust has
been duly levelled, paved, metalled, flagged, channelled, sewered and drained
in the manner provided in the plans sanctioned by the [63][
Provincial Government] under this Act, and
(b)
that such lamps, lamp-posts, and other apparatus as the
municipal committee deem necessary for the lighting of such street and as ought
to be provided by the Trust have been so provided, and
(c)
that water and other sanitary conveniences ordinarily
provided in a municipality have been duly provided in such street, the
municipal committee after obtaining the assent of the Trust, or failing such
assent, the assent of the 3[Provincial
Government] under sub-section (3), shall by notice affix in some conspicuous
position in such street declare the street to be a public street, and the
street shall thereupon vest in and shall thenceforth be maintained, kept in
repair, lighted and cleaned by the municipal committee.
(2)
When any open space for purposes of ventilation or
recreation has been provided by the Trust in executing any scheme under this
Act, it shall, on completion, be transferred to the municipal committee by
resolution of the Trust and shall thereupon, vest in and shall thenceforth be
maintained, kept in repair, lighted and cleaned by the municipal committee:
Provided that
the municipal committee may require the Trust, before any such open space is so
transferred, to enclose, level, turf, drain and lay out such space and provide
footpaths therein and, if necessary, to provide lamps and other apparatus for
lighting it.
(3)
If any difference of opinion arises between the Trust
and the municipal committee in respect of any matter referred to in the
foregoing provisions of this section, the matter shall be referred to the 4[ Provincial Government], whose decision
shall be final.
[64][
CHAPTER V-A
CONTROLLED AREA
55-A. Controlled
Area.— (1) The Provincial Government may on its own or on an application
made by the Trust declare by notification in the official gazette, any area to
be a controlled area:
Provided that
any locality within the limits of municipal committee shall not be declared a
controlled area except after consultation with the municipal committee.
(2)
The Trust may, in respect of a controlled area,
exercise such powers and do all such things as may be necessary for controlling
haphazard development, land uses, growth of colonies, construction of
buildings.
(3)
Without prejudice to the generality of the provisions
made in sub-section (2), the provisions of sections 78, 79, 80, 81, 82, 83, 85,
86, 214, 215, 216, 217, 218, 219, 221, 222, 225, 226, 227, 228, 229 and 232 of
the [65]Punjab
Local Government Act, 1975 shall mutatis
mutandis apply to a controlled area and all references in the said sections
to a municipal committee or to the chairman or any officer or servant of a
municipal committee, shall be construed as referring to the Trust which, in
respect of such controlled area, may alone exercise and perform all or any of
the powers and functions which under any of the said sections might have been
exercised or performed by the municipal committee or by the chairman or any
officer or servant of the municipal committee:
Provided that
the Trust may delegate to the chairman or any officer of the Trust all or any
of the powers conferred by this section.
(4)
The Trust may make bye-laws for any locality outside
the limits of the municipal committee comprised in a controlled area—
(a)
generally for carrying out the purposes of this Act;
and
(b)
in particular and without prejudice to the generality
of the aforesaid powers, regarding any of the matters referred to in the
aforementioned sections of the [66]Punjab
Local Government Act, 1975.
(5) The
Provincial Government may, at any time when it may consider in respect of any
controlled area that the purpose of sub-section (2) has been served or
controlled by the Trust is otherwise not necessary or on application by the
Trust, declare by notification in the official gazette that such area shall no
longer be a controlled area].
CHAPTER VI
ACQUISITION, TRIBUNALS AND APPLICATION
OF ACT TO OTHER AUTHORITIES
56.
Abandonment
of acquisition in consideration of special payment.— (1) Wherever in any
locality comprised in any scheme under this Act the [67][Provincial
Government] has sanctioned the acquisition of land which is subsequently
discovered to be unnecessary for the execution of the scheme the owner of such
land, or any person having an interest therein, may make an application to the
Trust requesting that the acquisition of such land be abandoned in
consideration of the payment by him of a sum to be fixed by the Trust in that
behalf.
(2)
The Trust shall admit every such application if it—
(a)
reaches it before the time fixed by the Collector,
under section 9 of the Land Acquisition Act, 1894, for making claims in
reference to the land, and
(b)
is made by any person, who either owns the lands, is
mortgagee thereof, or holds a lease thereof, with an unexpired period of seven
years.
(3)
The Trust may admit any such application presented by
any other person having an interest in the land.
(4)
On the admission by the Trust of any such application,
it shall forthwith inform the Collector, and the Collector shall thereupon stay
for a period of three months all further proceedings for the acquisition of the
land, and the Trust shall proceed to fix the sum in consideration of which the
acquisition of the land may be abandoned.
(5)
Within the said period of three months, or, with the
permission of the Trust at any time before the Collector has taken possession
of the land under section 16 of the Land Acquisition Act, 1894[68],
the person from whom the Trust has agreed to accept the sum so fixed may, if
the Trust is satisfied that the security offered by him is sufficient, execute
an agreement with the Trust either—
(i)
to pay the said sum three years after the date of the
agreement, or
(ii)
to leave the said sum outstanding as a charge on his
interest in the land, subject to the payment of interest at a rate to be agreed
upon by such person and the trust until the said sum has been paid in full and
to make the first annual payment of such interest four years after the date of
the agreement:
Provided that
the Trust may, at any time before the Collector has taken possession of the
land under section 16 of the Land Acquisition Act, 18944,
accept immediate payment of the said sum instead of an agreement as aforesaid.
(6)
When any agreement has been executed in pursuance of
sub-section (5) or when any payment has been accepted in pursuance of the
proviso to that sub-section in respect of any land, proceedings for the
acquisition of the land shall be deemed to be abandoned.
(7)
Every payment due from any person under any agreement
executed under subsection (5) shall be a charge on the interest of that person.
(8)
If any installment of interest payable under an
agreement executed in pursuance of clause (ii) of sub-section (5) be not paid
on the due date, the sum fixed by the Trust under subsection (4) shall be
payable on the date, in addition to the said installment.
(9)
At any time after an agreement has been executed in
pursuance of clause (ii) of sub-section (5), any person may pay in full the
charge created thereby, with interest, at the agreed rate, upto the date of
such payment.
(10)
When an agreement in respect of any land has been
executed by any person in pursuance of sub-section (5), no suit with respect to
such agreement shall be brought against the Trust by any other person (except
an heir, executor or administrator of the person first aforesaid) claiming to
have an interest in the land.
(11)
When an agreement in respect of any land has been
executed by any person in pursuance of sub-section (5), and any sum payable in
pursuance of that sub-section is not duly paid, the same shall be recoverable
by the Trust (together with interest up to the date of realization at the
agreed rate), from the said person or his successor in interest in such land in
the manner provided by [69][section
142 of the Punjab Local Government Act, 1975] and, if not so recovered, the
chairman may, after giving public notice of his intention to do so and not less
than one month after the publication of such notice, sell the interest of the
said person or successor in such land by public auction, and may deduct the
said money and the expenses of the sale from the proceeds of the sale, and
shall pay the balance (if any) to the defaulter.
57.
Agreement or
payment under section 56 not a bar to acquisition under a fresh declaration.—
If any land in respect of which an agreement has been executed, or a payment
has been accepted, in pursuance of sub-section (5), of section 56, be
subsequently required for any of the purposes of this Act, the agreement or
payment shall not be deemed to prevent the acquisition of the land in pursuance
of a fresh declaration published under section 6 of the Land Acquisition Act,
1894[70].
58.
Tribunal to
be constituted.— A tribunal shall be constituted as provided in section 60,
for the purpose of performing the functions of the Court in reference to the
acquisition of land for the Trust, under the Land Acquisition Act, 1894[71].
59.
Modification
of the Land Acquisition Act, 1894.— For the purpose of acquiring land under
the Land Acquisition Act, 1894[72],
for the Trust—
(a)
the tribunal shall (except for the purposes of section
54 of the said Act) be deemed to be the Court, and the president of the
tribunal shall be deemed to be the Judge, under the said Act;
(b)
the said Act shall be subject to the further
modifications indicated in the Schedule to this Act;
(c)
the president of the tribunal shall have power to
summon and enforce the attendance of witnesses, and to compel the production of
documents, by the same means and (so far as may be) in the same manner as is
provided in the case of a Civil Court under the Code of Civil Procedure, 1908[73];
and
(d)
the award of a tribunal shall be deemed to be the award
of the Court under the Land Acquisition Act, 1894, and shall be final.
60.
Constitution
of tribunal.— (1) The tribunal shall consist of a president and two
assessors.
(2)
The president of the tribunal shall be either—
(a)
a member of the Judicial Branch of the [74][Civil
Service of Pakistan or the] 7[Provincial Civil
Service] of not less than ten years’ standing in such service who has for at
least three years served as District Judge or for at least five years held
judicial office not inferior to that of a Senior [75][Civil
Judge] [76][or
Senior Subordinate Judge or First Class Subordinate Judge] [77][
* * *],
(b)
a barrister, advocate or pleader of not less than ten
years’ standing who has practised as an advocate or pleader in the [78][High
Court of West Pakistan or a Court which has ceased to exist by virtue of the
provisions of Article 3 of the High Court of West Pakistan (Establishment)
Order, 1955] [79][,]
[80][
or],
7 [(c) a retired member of the Judicial Branch of
the Pakistan or Provincial Civil Service].
(3)
The president of the tribunal and one of the assessors
shall be appointed by the [81][Provincial
Government] and the other assessor shall be appointed by the municipal
committee or, in default of appointment by the municipal committee within two
months of their being required by the 9[Provincial
Government] to make such appointment, by the [82][
Provincial Government ]:
Provided that no
person shall be eligible for appointment as a member of the tribunal if he is a
trustee or would, if he were a trustee, be liable to removal by the 11[Provincial Government] under section 10.
(4)
The term of office of each member of the tribunal shall
be two years, but any member shall, subject to the proviso to sub-section
(3),be eligible for re-appointment at the end of that term [83][:]
(5)
The [85][Provincial
Government] may remove any member of the tribunal who would if he were a
trustee be liable to removal by the 15[ Provincial
Government] under section 10.
16 [(5-A) If in the opinion of the Provincial
Government the continued existence of the tribunal becomes unnecessary, or it
is expedient that the tribunal shall cease to exist, the Provincial Government
may, by notification, declare that the tribunal shall be dissolved from such
date as may be specified in this behalf in such notification and from the date
so specified the Tribunal shall be deemed to be dissolved].
(6)
When any person ceases for any reason to be member of
the tribunal, or when any member is temporarily absent in consequence of
illness or any unavoidable cause, the authority which appointed him shall
forthwith appoint a fit person to be a member in his place. Where the authority
so appointing was the municipal committee and the municipal committee fails to
make a fresh appointment within two months of being required to do so by the [86][Provincial
Government], the appointment may be made by the 18[
Provincial Government ].
61.
Remuneration
of members of Tribunal.— Each member of the tribunal shall receive such
remuneration, either by way of monthly salary or by way of fees, or partly in
one of those ways and partly in the other, as the [87][
Provincial Government] may prescribe.
62.
Officers and
servants of Tribunals.— (1) The president of the tribunal shall, from time
to time, prepare a statement showing—
(a)
the number and grades of the clerks and other officers
and servants who in his opinion should be maintained for carrying on the
business of the tribunal.
(b)
the amount of the salary to be paid to each such clerk,
officer and servant.
(2)
All statements prepared under sub-section (1) shall be
subject to the previous sanction of the [88][
Provincial Government ].
(3)
Subject to any directions contained in any statement
prepared under sub-section (1), and to rules made under section 73, the power
of appointing, promoting and granting leave to clerks, officers and servants of
the tribunal, and the power of reducing, suspending or dismissing them, shall
vest in the president of the tribunal.
63.
Mode of
payment.— The remuneration prescribed under section 61 for members of the
tribunal and the salaries, leave allowances and acting allowances prescribed
under this Act for clerks, officers and servants of the tribunal, shall be paid
by the Trust to the president of the tribunal for distribution.
64.
Powers to make
rules for tribunal.— (1) The 2[Provincial
Government] may from time to time make rules, not repugnant to the Code of
Civil Procedure, 1908[89],
for the conduct of business by tribunals established under this Act.
(2)
All such rules shall be published through notification.
65.
Award of
tribunal how to be determined.— (1) For the purpose of determining the
award to be made by the tribunal under the Land Acquisition Act, 18944—
(a)
if there is any disagreement as to the measurement of
land, or to the amount of compensation or costs to be allowed, the opinion of
the majority of the members of the tribunal shall prevail;
(b)
notwithstanding anything contained in the foregoing
clause, the decision on all questions of law and title and procedure shall rest
solely with the president of the tribunal, and such questions may be tried and
decided by the president in the absence of assessors unless the president
considers their presence necessary.
(2)
Every award of the tribunal, and every order made by
the tribunal for the payment of money, shall be enforced by a Court of Small
Cause, or if there be no such Court, by the Senior [90][Civil
Judge] [91][or
Senior Subordinate Judge or First Class Subordinate Judge] within the local
limits of whose jurisdiction it was made
as if it were a decree of that Court.
66.
Application
of Act to acquisition by other local authorities.— (1) Whenever a municipal
committee or other local authority acquires land for the purposes of—
(i)
laying out new public streets in any locality whether previously built upon or
not; or
(ii)
constructing new buildings and laying out of compounds
attached thereto, abutting on such new public streets in any locality, whether
previously built upon or not; or
(iii)
reclaiming unhealthy or insanitary localities—
(a)
the modifications of the Land Acquisition Act contained
in the Schedule of this Act shall so far as they are applicable, apply to every
such acquisition;
(b)
the [92][Provincial
Government] may constitute a tribunal in accordance with section 60 and the
provisions of sections 57 to 66 and of section 73 so far as they relate to the
tribunal, shall thereupon apply to such acquisition.
(3)
If the [93][Provincial
Government] does not constitute a tribunal in accordance with clause (b) of
sub-section (1), all references to the tribunal in the schedule shall be construed
as referring to the Court.
2 [(3) Whenever the Provincial Government
acquires land for the purposes of the setting up of a satellite town, whether
within or beyond the local limits of a municipal committee, or other local
authority or Trust, or for any other purpose which in the opinion of the
Provincial Government is connected with the setting up of the satellite town
concerned, the provisions of sub-sections (1) and (2) shall, as far as
possible, apply to such acquisition.
Explanation— For the purposes of this
sub-section, a `satellite town’ means new town to be set up in the vicinity of
one already existing and includes such town the construction of which has been
undertaken by a Co-operative House Building Society registered under [94][any
law relating to Co-operative Societies for the time being in force in the
Province or in any part thereof].
4[66-A. Exemption of land
in a housing scheme from Chapter VI.— Nothing contained in this Chapter
shall apply to the acquisition of land for a Housing Scheme].
CHAPTER VII
FINANCE
67.
Power of
Trust to borrow money.— A Trust under this Act shall be deemed to be a
local authority under the Local Authorities Loans Act, 19145,
for the purpose of borrowing money under that Act, and the making and execution
of any scheme under this Act shall be deemed to be a work which such local
authority is legally authorised to carry out.
68.
Contribution
by municipal committee.— (1) The municipal committee shall pay to the Trust
so long as the Trust is concerned with the improvement of a locality within the
limits of the municipality an amount per annum equal to two per cent of the
gross annual income of such committee.
(2)
In case of dispute as to what is the gross annual
income of a committee, the matter shall be referred to the [95][
Provincial Government], whose decision shall be final.
69.
Custody and
investment of Trust funds.— (1) In places 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 Trust 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 sum so kept as the
7[Provincial Government] may in each case
deem sufficient.
(3)
Provided that nothing in the foregoing provisions of
this section shall be deemed to preclude a Trust from, with the previous
sanction of the 8[Provincial Government],
investing any such moneys which are not required for immediate expenditure in
any of the securities described in section 20 of the 9[Trusts]
Act, 1882[96],
or placing them in fixed deposit with a bank approved by the [97][
Provincial Government ].
70.
Procedure if
the Trust fails to make any payment in respect of loans of the Trust.— If
any money borrowed under section 67 or any interest or costs due in respect
thereof is or are not repaid according to the conditions of the loan, the 12[Provincial Government] shall itself make
such payment and may attach the rents and other income of the Trust, and
thereupon the provisions of section 5 of the Local Authorities Loans Act, 1914[98],
shall, with all necessary modifications, be deemed to apply.
71.
Procedure if
Chairman of Board fails to make any payment due to Accountant-General. —
The [99][Provincial
Government] may further impose or increase a tax on the annual value of
buildings or lands or of both described in [100][101][item
I of the Third Schedule to the [102]Municipal
Administration Ordinance, 1960 to such extent as may be necessary for the
purpose of recovering a payment made under section 70.
72.
Payment by
Provincial Government to be a charge on the property of the Trust.— All
moneys paid by the [103][Provincial
Government] shall constitute a charge upon the property of the Trust.
CHAPTER VIII
RULES
73.
Power of
Provincial Government to make rules.— (1) In addition to the power
conferred by section 64, the [104][Provincial
Government] may make rules consistent with this Act and applicable to all
Trusts or any Trust—
(i)
as to the authority on which money may be paid from the
Trust funds;
(ii)
for fixing the fees payable for copies of or extracts
from the municipal records furnished to the chairman under section 39;
7 [(iii) as to the employment, payment,
suspension and removal of officers and servants of the Trust, the conduct of
such officers and servants, and the admissibility and payment of pension to
them].
(iv)
as to the intermediate office or offices (if any) which
correspondence between the Trust and the [105][Provincial
Government] or 9[servants of the] [106][
State] shall pass;
(v)
as to the accounts to be kept by the Trust, as to the
through manner in which such accounts shall be audited and published, and as to
the powers of auditors in respect of 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 Trust;
(vii)
as to the preparation of estimates of income and
expenditure of the Trust and as to the authority by whom and the conditions
subject to which such estimates may be sanctioned;
(viii)
as to the returns, statements, and reports to be
submitted by Trusts;
(ix)
to prescribe and define the mutual relations to be
observed between the Trust and other local authorities in any matter in which
they are jointly interested;
(x)
for regulating the grant of leave of absence, leave
allowances and acting allowances to the officers and servants of the Trust and
of the tribunal;
(xi)
for establishing and maintaining a provident or annuity
fund, for compelling all or any of the officers in the service of the Trust or
of the tribunal (other than any [107][servant
of the] [108][State]
in respect of whom a contribution is paid under section 94) 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
Trust:
Provided that a [109][servant
of the] [110][State]
employed as officer or servant of the tribunal shall not be entitled to leave
or leave allowances otherwise than as may be prescribed [111][by
the conditions of his service under the [112][
State];
(xii)
for determining conditions under which the officers and
servants of the Trust 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:
Provided that it
shall be at the discretion of the Trust 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 Trust and public officers
in all matters connected with the carrying out of the provisions of this Act;
(xiv)
for regulating the grant of subsidies to Trusts by the [113][Provincial
Government], the conditions under which they may be earned or forfeited and the
arrangements for their repayment.
(2) All acts
authorised or enjoined under this Act shall be held to be authorized or
enjoined subject to such rules.
74.
Power of the
Trust to make rules.— Every Trust may from time to time with the previous
sanction of the 7[Provincial
Government] make rules consistent with this Act and with any rules made under
this Act by the 8[ Provincial
Government]—
(i)
for fixing the amount of security to be furnished by
any officer and servant of the
Trust from whom it may be deemed
expedient to require security;
(ii)
for associating members with the Trust under section
13;
(iii)
for appointing persons (other than trustees and persons
associated with the Trust under section 13) to be members of committee under
section 14;
(iv)
for regulating the delegation of powers or duties of
the Trust to the committees or to the chairman;
(v)
for the guidance of persons employed by it under this
Act;
(vi)
for fixing the fees payable for copies of documents
delivered under sub-section (3) of section 36 or under section 75;
(vii)
for the management, use and regulation of dwellings
constructed under any scheme under this Act;
(viii)
generally for carrying out the purposes of this Act.
75.
Printing and
sale of copies of rules.— (1) The chairman shall cause all rules made under
section 73 or section 74 and for the time being in force to be printed and
shall cause printed copies thereof to be delivered to any applicant on payment
of such fees as may be fixed.
(2) Notice of
the fact of copies of rules 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 a newspaper or newspapers.
76.
Power of
Provincial Government to cancel rules made under section 74.— The
[114][Provincial
Government] may, after previous publication of its intention, cancel any rule
made by the Trust which it has sanctioned, and thereupon the rule shall cease
to have effect.
CHAPTER IX
PROCEDURE AND PENALTIES
77.
Stamping
signature on notices or bills.— (1) Every notice or bill issued under this
Act shall be signed by the chairman, or by any other trustee or any officer or
servant of the Trust specially or generally authorised by the Trust, or so
authorised by the chairman under sub-section (1) of section 20, and every
notice or bill shall be deemed to be properly signed if it bears the facsimile
of the signature of the chairman or such trustee, officer or servant stamped or
printed thereon.
(2)
No notice issued by the Trust under this Act or any
rule or bye-law made thereunder shall be invalid for defect of form.
78.
Method of
giving public notice.— Subject to the provisions of this Act, every public
notice required under this Act shall be deemed to have been duly given if it is
published in some local newspaper (if any) and posted upon a notice board to be
exhibited for public information at the building in which the meetings of the
Trust are ordinarily held.
79.
Service of
notice.— (1) Every notice other than a public notice, and every bill,
issued under this Act shall, unless it is under this Act otherwise expressly
provided, be served or presented—
(a)
by giving or tendering the registered notice or bill,
or 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 or bill at his last known place of abode, if within municipal limits, 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 buildings or land (if any) to which it relates.
(2)
When a notice is required or permitted under this Act
to be served upon an owner or occupier, as the case may be, of a building or
land, it shall not be necessary to name the owner or occupier therein, and the
service thereof, in cases not otherwise specially provided for in this Act,
shall be effected either—
(a)
by giving or tendering the notice, or sending it by
post, to the owner or occupier, or if there be more owners or occupiers than
one, to any one of them, or
(b)
if such owner or occupier 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 to be affixed on some
conspicuous part of the building or land to which it relates.
(3)
Whenever the person on whom a notice or bill is to be
served is a minor, service upon his guardian or upon an adult male member or
servant of his family ordinarily residing with him shall be deemed to be
service upon the minor.
80.
Disobedience
to Act or to notice.— Where under this Act or a notice issued thereunder
the public or any person is required to do or to refrain from doing anything, a
person who fails to comply with such requisition shall, if such failure is not
an offence punishable under any other section, be liable on conviction by a
Magistrate 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
five 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
when the notice fixes a time within which a certain act is to be done, and no
time is specified in this Act, it shall rest with the Magistrate to determine
whether the time so fixed was a reasonable time within the meaning of this Act.
81.
Powers of
Trust to execute works on failure to comply with notice.— If a notice has
been given under this Act to a person requiring him to execute a work in
respect of any property, movable or immovable, public or private, or to provide
or do or refrain from doing anything within a time specified in the notice, and
if such person fails to comply with such notice, then the Trust may after
giving six hours’ notice cause such work to be executed or such thing to be
provided or done, and may recover all expenses incurred by it on such account
from the said person in the manner provided by [115][section
142 of the [116]Punjab
Local Government Act, 1975].
82.
Liability of
occupier to pay in default of owner.— (1) If the person to whom the notice
mentioned in section 81 has been given is not the owner of the property in
respect of which it is given, the Trust may (whether any action or other
proceeding has been brought or taken against such owner or not) require the
person (if any) who occupies such property or a part thereof under such owner,
to pay to the Trust instead of 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 81; and any such payment made by the occupier to the Trust shall,
in the absence of any contract between the owner and the occupier to the
contrary, 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 Trust may require an occupier 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 refuses to furnish such information he shall be liable for
the whole of the expenses as if he were the owner.
(3)
All money recoverable by the Trust under this section
shall be recoverable in the manner provided by [117][section
142 of the [118]Punjab
Local Government Act, 1975].
83.
Right of
occupier to execute works in default of owners.— 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 of such building or land may, with
the approval of the Trust, cause such work to be executed and the expense
thereof shall, in the absence of any contract to the contrary, be paid to him
by the owner, or the amount may be deducted out of the rent from time to time
becoming due from him to such owner.
84.
Procedure
upon 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 issued under this Act,
the occupier refuses to allow such owner to take such action, the owner may
apply to a Magistrate.
(2)
The Magistrate upon proof of such refusal may by order
in writing require the occupier to give the owner reasonable facility for
executing such works, with respect to such building or land, as may be
necessary for compliance with the notice, and may also, if he deems fit, order
the occupiers to pay to the owner the costs relating to such application or
order.
(3)
If, after the expiration of eight days from the date of
the Magistrate’s order the occupier continues to refuse to allow the owner to
execute such work, the occupier shall be liable upon conviction, to a fine
which may extend to twenty five rupees for every day during which he has so
continued to refuse.
(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.
85.
Recovery of
cost of work by the occupier.— When the occupier of a building or land has,
in compliance with a notice 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, in the absence of any contract to the
contrary, be entitled to recover from the owners by deduction from the rent
payable by him or otherwise the reasonable cost of such work.
[119][86. Recovery of expenses of removal by
Trust.— The expenses incurred by Trust in effecting any removal under
section 86 of the [120]Punjab
Local Government Act, 1975, as applied by section 49 of this Act, or, in the
event of a written notice under section 83 of the 7Punjab
Local Government Act, 1975, not being complied with under section 81 of this
Act, shall be recoverable by sale of the material removed, and if the proceeds
of such sale do not suffice, the balance shall be recoverable from the owner of
the said material in the manner provided by section 142 of the [121]Punjab
Local Government Act, 1975].
87. 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 owner sufficient for the purpose.
(2) When an
agent or trustee has claimed and established his right to relief under this
section, the Trust may give him notice to apply to the discharge of such
obligation as aforesaid the first moneys which come to his hands on behalf or
for the use of the owner, and if he fails to comply with such notice, he shall
be deemed to be personally liable to discharge such obligation.
[122][88. Application of Section 142 of the
Punjab Local Government Act, 1975.— Whenever in this Act or in any section
of the [123]Punjab
Local Government Act, 1975 made applicable by section
49 of this Act, it is provided that any sum shall be
recoverable in the manner provided by section 142 of the 4Punjab
Local Government Act, 1975, then in applying the provisions of that section all
references to the municipal committee shall be construed as referring to the
Trust].
89.
Penalty for
removing fence, etc., in street.— If any person, without lawful authority—
(a)
removes any fence, or any timber used for propping or
supporting any buildings, 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 Trust for the purpose of carrying out any work, or
(b)
infringes any order given or removes any bar, chain or
post fixed by the Trust for the purpose of closing any street to traffic, he
shall be punishable with fine which may extend to fifty rupees.
90.
Power to
prevent or demolish building in contravention of sections 30 and 31.— If
any person without the permission of the Trust erects, re-erects, adds to or
alters any buildings so as to make the same project beyond a street alignment
or buildings line by the Trust or erects, reerects, adds to or alters any
buildings in contravention of section 30 or 31 the chairman of the Trust may,
by a written notice,—
(a)
direct that the building, alteration or addition be
stopped, and
(b)
require such building, alteration or addition to be
altered or demolished as he may deem necessary.
91.
Penalty for
obstructing contractor or removing mark.— If any person—
(a)
obstructs, or molests any person with whom the Trust
has entered into a contract in the performance or execution by such person of
his duty or of any thing which he is empowered or required to do under this
Act, or
(b)
removes any mark set up for the purpose of indicating
any level or direction necessary to the execution of works authorized 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.
Disposal
of fines and damages
92.
[Fines and
damages to be paid to the Trust]. Omitted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
CHAPTER X SUPPLEMENTAL PROVISIONS
93.
Trustees,
etc. deemed public servants.— Every trustee, and every officer and servant
of the Trust 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 [124][Pakistan]
Penal Code[125].
94.
Contributions
by Trust towards leave allowances and pensions of servants of the [126][State].— The Trust, shall be liable to
pay such contributions for the leave allowances and pension of any [127][servant
of the] [128][State]
employed as chairman or as an officer or servant of the Trust, or as a member
or officer or servant of the tribunal as may be [129][required
by the conditions of his service under the [130][
State] to be paid by him or on his behalf ]. Legal Proceedings
95.
Authority
for prosecutions.— Unless otherwise expressly provided, no court shall take
cognizance of any offence punishable under this Act, except on the complaint of
or upon information received from the Trust or some persons authorized by the
Trust by general or special order in this behalf.
96.
Powers of
chairman as to institution etc., of legal proceedings and obtaining legal
advice.— The chairman may, subject to the control of the Trust—
(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 it necessary or expedient to obtain, or as he may be desired
by the Trust to obtain, for any of the purposes referred to in the foregoing
clause of this section, or for securing the lawful exercise or discharge of any
power or duty vested in or imposed upon the Trust or any officer or servant of
the Trust.
97.
Indemnity to
Trust, etc.— No suit shall be maintainable against the Trust, or any
trustee, or any officer or servant of the Trust, or any person acting under the
direction of the Trust or of the chairman or of any officer or servant of the
Trust in respect of anything lawfully and in good faith and with due care and
attention done under this Act.
98.
Notice of
suit against Trust, etc.— (1) No suit shall be instituted against the Trust
or any trustee, or any person associated with the Trust under section 13 or any
member of a committee appointed under section 14 or any officer or servant of
the Trust, or any person acting under the direction of the Trust or of the
chairman or of any officer or servant of the Trust, in respect of an act
purporting to be done under this Act, until the expiration of two months next
after notice in writing has been, in the case of a Trust, 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 the plaint shall contain a statement that
such notice has been so delivered or left.
(2)
If the Trust or other person referred to in sub-section
(1) shall before the action is commenced have tendered 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
next after the accrual of the cause of action:
(4)
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 the giving of the notice or the
postponement of the commencement of the suit or proceedings.
Evidence
99.
Mode of
proof of Trust records.— A copy of any receipt, application, plan, notice,
order, entry in a register, or other document in the possession of the Trust
shall if duly certified by the legal keeper thereof, or other person authorized
by the Trust 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.
100.
Restriction
on the summoning of Trust servants to produce documents.— No trustee or
officer or servant of the Trust shall in any legal proceeding to which the
Trust 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 made for special cause. Validation
101.
Validation
of acts and proceedings.— (1) No act done or proceeding 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 Trust or any committee, or
(b)
any person having ceased to be trustee, or
(c)
any trustee or any person associated with the Trust
under section 13 or any other member of a committee appointed under this Act,
having voted or taken any part in any
proceeding in contravention of section 16, or
(d)
the failure to serve a notice on any person, where no
substantial injustice has resulted from such failure, or
(e)
any omission, defect or irregularity not affecting the
merits of the case.
(2)
Every meeting of the Trust, the minutes of the
proceedings of which have been duly signed as prescribed in clause (e),
sub-section (1), of section 12, shall be taken to have been duly convened and
to be free from all defects and irregularities.
Compensation
102.
General
power of Trust to pay compensation.— In any case not otherwise expressly
provided for in this Act, the Trust 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 Trust or the chairman or any officer or servant of
the Trust.
Dissolution
of Trust
103.
Ultimate
dissolution of Trust, and transfer of its assets and liabilities to the
committee.— (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 Trust, in the opinion of the [131][Provincial
Government], unnecessary, or when in the opinion of the 2[Provincial
Government] it is expedient that the Trust shall cease to exist, the [132][Provincial
Government] may by notification declare that the Trust shall be dissolved from
such date as may be specified in this behalf in such notification and the Trust
shall be deemed to be dissolved accordingly.
(2)
From the said date—
(a)
all properties, funds and dues which are vested in or
realisable by the Trust and the chairman respectively shall vest in and be
realisable by the municipal committees; and
(b)
all liabilities which are enforceable against the Trust
shall be enforceable only against the municipal committee; and
(c)
for the purpose of completing the execution of any
scheme, sanctioned under this Act which has not been fully executed by the
Trust, and of realizing properties, funds and dues referred to in clause (a)
the functions of the Trust and the chairman under
this Act shall be discharged by
the municipal committee and the president of the municipal committee,
respectively; and
(d)
the municipal committee shall keep separate accounts of
all moneys respectively received and expended by it under this Act, until all
loans raised hereunder have been repaid, and until all other liabilities
referred to in clause (b) have been duly met
THE SCHEDULE
(Referred
to in Section 59)
Further modifications in the Land Acquisition Act, 1894 hereinafter
called “the said Act”.
1.
Amendment of
section 3.— After clause (e) of section 3 of the said Act the following
shall be deemed to be inserted, namely:-
“(ee) the
expression, “local authority” includes a trust constituted under the [133][*
* *] Town Improvement Act, 1922”.
2.
Notification
under section 4 and declaration under section 6 to be replaced by notification
under sections 36 and 42 of this Act.— (1) The first publication of notice
of any improvement scheme, under section 36 of this Act shall be substituted
for and have the same effect as publication in the [134][Official
Gazette] and in the locality of a Notification under sub-section (1) of section
4 of the said Act, except where a declaration under section 4 or section 6 of the said Act has previously been
made and is still in force.
(2)
Subject to the provisions of clauses 10 and 11 of this
Schedule, the issue of a notice under sub-section (1) of section 32 in the case
of land acquired under that sub-section, and in any other case the publication
of a notification under section 42 shall be substituted for and have the same
effect as a declaration by the [135][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.— The full-stop at the end of clause 11 of the said Act shall be
deemed to be changed to a semi-colon, and the following shall be deemed to be
added, namely:“and
(iv) the costs
which, in his opinion, should be allowed to any person who is found to be
entitled to compensation, and who is not entitled to receive the additional sum
of fifteen per centum mentioned in sub-section (2) of section 23, as having
been actually and reasonably incurred by such person in preparing his claim and
putting his case before the Collector.
The Collector
may disallow, wholly or in part, costs incurred by any person if he considers
that the claim made by such person for compensation is extravagant”.
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.
Amendment of
section 17.— (1) In sub-section (3) of section 17 of the said Act, after
the figures “24” the words, figures and letter “or section 24-A” shall be
deemed to be inserted.
(2)
To the said section 17 the following shall be deemed to
be added, namely:-
“(4) Sub-sections (1) and (3) shall apply also
to any area certified to be unhealthy by any Magistrate of the first class.
(5)
Before granting any such certificate, the Magistrate
shall cause notice to be served as promptly as may be on the persons referred
to in sub-section (3) of section 9, and shall hear without any avoidable delay
any objections which may be urged by them.
(6)
When proceedings have been taken under this section for
the acquisition of any land, and any person sustains damage in consequence of
being suddenly dispossessed of such land, compensation shall be paid to such
person for such dispossession”.
6.
Transfer of
land to Trust.— After section 17 of the said Act, the following shall be
deemed to be inserted, namely:-
“17-A. In every case referred to in
section 16 or section 17, the Collector shall, upon payment of the cost of
acquisition, make over charge of the land to the Trust; and the land shall
thereupon vest in the Trust subject to the liability of the Trust to pay any
further costs which may be incurred on account of its acquisition”.
7.
Amendment of
section 18.— The full-stop at the end of sub-section (1) of section 18 of
the said Act shall be deemed to be changed to a comma and the words “or the
amount of the costs allowed” shall be deemed to be added.
8.
Amendment of
section 19.— After the words “amount of compensation” in clause (c) of
section 19 of the said Act, the words “and of costs (if any)” shall be deemed
to be inserted.
9.
Amendment of
section 20.— After the words “amount of the compensation” in clause (e) of
section 20 of said Act, the words “or costs” shall be deemed to be inserted.
10.
Amendment of
section 23.— (1) In clause first and
clause sixthly of sub-section (1) of
section 23 of the said Act, for the words “publication of the declaration
relating thereto under section 6” and the words “publication of the declaration
under section 6” shall be deemed to be substituted—
(a)
if the land is being acquired under sub-section (3) of
section 32 of this Act the words
“issue of the notice under
sub-section (3) of section 32 of the [136][*
* *] Town Improvement Act, 1922”, and
(b)
in any other case the words “first publication of the
notification under section 36 of the 2[ * * *] Town
Improvement Act, 1922”.
(2)
The full-stop at the end of sub-section (2) of section
23 of the said Act shall be deemed to be changed to a colon and the following
proviso shall be deemed to be added:-
“Provided that
this sub-section shall not apply to any land acquired under the [137][*
* *] Town Improvement Act, 1922”.
(3)
At the end of section 23 of the said Act, the following
shall be deemed to be added, namely:-
“(3) For the purposes of clause
first of sub-section (1) of this section—
(a)
the market-value of the land shall be the market-value
according to the use to which the land was put at the date with reference to
which the market value is to be determined under that clause;
(b)
if it be shown that before such date, the owner of the
land had in good faith taken active steps and incurred expenditure to secure a
more profitable use of the same, further compensation based on his actual loss
may be paid to him;
(c)
if any person without the permission of the Trust
required by sub-section (1) of section 31 of the 4[*
* *] Town Improvement Act, 1922, has erected, re-erected, added to or altered
any building or wall so as to make the same project beyond a street alignment
or building line duly prescribed by the Trust then any increase in the
market-value resulting from such erection, re-erection, addition or alteration
shall be disregarded;
(d)
if the market-value has been increased by means of any
improvement made by the owner or his predecessor-in-interest within two years
before the aforesaid date, such increase shall be disregarded unless it be
proved that the improvement so made was made in good faith and not in
contemplation of proceedings for the acquisition of the land being taken under
the [138][
* * *] Town Improvement Act, 1922;
(e)
if the market-value is specially high in consequence of
the land being put to a use which is unlawful or contrary to public policy that
use shall be disregarded, and the market-value shall be deemed to be the
market-value of the land if put to ordinary use; and
(f)
when the owner of the land or building has after the
passing of the [139][*
* *] Town Improvement Act, 1922, and within two years preceding the date with
reference to which the market-value is to be determined, made a return under
any enactment in force of the rent of the land or building, the rent of the
land or building shall not in any case be deemed to be greater than the rent
shown in the latest return so made, save as the Court may otherwise direct, and
the market-value may be determined on the basis of such rent:
Provided that where
any addition to, or improvement of, the land or building has been made after
the date of such latest return and previous to the date with reference to which
the market-value is to be determined the Court may take into consideration any
increase in the lettingvalue of the land due to such addition or improvement”.
11.
Amendment of
section 24.— For clause seventhly of
section 24 of the said Act, the following shall be deemed to be 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 such additions or
improvements were necessary for the maintenance of any building in a proper
state of repair”.
12.
Further
provision for determining compensation.— After section 24 of the said Act,
the following shall be deemed to be inserted, namely:-
“24-A. In determining the amount of
compensation to be awarded for any land acquired for the Trust under this Act,
the tribunal shall also have regard to the following provisions, namely:-
(a)
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.
(b)
if, in the opinion of the tribunal, any building is in
a defective state, from a sanitary point of view, or is not in a reasonably
good state of repair, the amount of compensation for such building shall not
exceed the sum which the tribunal considers the building would be worth if it
were put into a sanitary condition or into a reasonably good state of repair,
as the case may be, minus the estimated cost of putting into such condition or
state.
(c)
If, in the opinion of the tribunal, 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, minus the cost of demolishing the building.”
13.
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 cost (if any)” shall be deemed
to be inserted.
(2)
After the words “any compensation” in the concluding
proviso to sub-section (2) of section 31 of the said Act, the words “or cost”
shall be deemed to be inserted.
14.
Insertion of
section 48-A.— After section 48 of the said Act, the following shall be
deemed to be inserted, namely:-
“48-A. Compensation to be awarded when land
not acquired within one year.— (1) If within a period of one year from the
date of the publication of the declaration under section 6 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 this Act shall apply, so
far as may be, to the determination of the compensation payable under this
section”.
15.
Amendment of
section 49.— After sub-section (1) of section 49 of the said Act, the
following shall be deemed to be inserted, namely:-
“Explanation— For the purposes of this sub-section 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”.
[1]
For statement of objects and reasons, see
Punjab Gazette, 1921, Part I-A, pages 162, 164; for Report of the Select
Committee, see ibid., Part V, pages
53-110; for Proceedings in Council, see Punjab
Legislative Council Debates, Vol. II, pages 109-12, 432-34; Vol. IV, pages 41,
249-57 and 271-74.
This Act received the assent of the Governor of the Punjab on 26th
September, 1922; that of the Governor-General on 29th October, 1922; and, was
published in the Punjab Gazette,
dated 17th November, 1922.
The word “Punjab”
previously in heading, was omitted after its deletion from title by the Punjab
Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962).
[2] Substituted, for the
original preamble, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[3] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. I of 1974).
[4] The word “Punjab” omitted
by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII
of 1962).
[5] The original sub-section
(2) was first substituted by the Punjab Town Improvement (West Pakistan
Amendment) Act, 1958 (XXXVII of 1958), and then by the Punjab Town Improvement
(West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962).
[6] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. I of 1974).
[7] Substituted, for the
original sub-section (3) as amended by the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, by the Punjab Town Improvement
(Amendment) Act, 1950 (XXXIV of 1950).
[8] Substituted, for
“Municipal Administration Ordinance, 1960”, by the Town Improvement (Punjab
Amendment) Act, 1977 (XIV of 1977). The Punjab Local Government Act, 1975 has
been repealed by the Punjab Local Government Ordinance, 1979. 9Ibid.
[9] Substituted, for
“Municipal Administration Ordinance, 1960”, by the Town Improvement (Punjab
Amendment) Act, 1977 (XIV of 1977). The Punjab Local Government Act, 1975 has
been repealed by the Punjab Local Government Ordinance, 1979.
[10] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[11] Substituted ibid., for the words “Punjab Gazette”.
[12] Added by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[13] Substituted for the
original Chapter II (sections 3 to 11) as amended by Punjab Act VIII of 1936,
the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, the Punjab Town Improvement (Amendment)
Act, 1951 (I of 1951), the Town Improvement (West Pakistan Amendment)
Ordinance, 1958 (XXX of 1958), by the Punjab Town Improvement (West Pakistan
Amendment) Ordinance, 1962 (XVIII of 1962).
[15]
Substituted, for the words “not less than two trustees”, by the Punjab Town
Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962).
[16] Substituted ibid., for the original clause (b).
[17] Substituted, for the
words “all the other trustees”, by the Town Improvement (West Pakistan
Amendment) Ordinance, 1964 (IV of 1964).
[18] Section 13, substituted ibid.
[19]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[20] Added by the Town
Improvement (Amendment) Act, 1968 (IV of 1968).
[21]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 3Added by the Town
Improvement (Amendment) Act, 1968 (IV of 1968).
[22] Since repealed.
[23] The Basic Democracies
Order, 1959 (P.O. 18 of 1959).
[24]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 2Ibid. 3Ibid.
[25] Inserted by the Town
Improvement (West Pakistan Amendment) Ordinance, 1965 (XXVI of 1965).
[26] Added by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[27] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937. 3Ibid.
[28] Ibid.
[30] Substituted ibid., for the words “debt due to
Government”.
[32] Added by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[33] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[34] Added by the Punjab Town
Improvement (Amendment) Ordinance, 1985 (VI of 1985).
[35] Substituted, for the
words “Municipal Administration Ordinance, 1960, by the Town Improvement
(Punjab Amendment) Act, 1977 (XIV of 1977). The Punjab Local Government Act, 1975
has been repealed by the Punjab Local Government Ordinance, 1979 (Pb. Ord. VI
of 1979).
[36]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[37] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[38] Substituted by the Punjab
Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962).
[39]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 4Ibid.
[40] Ibid.
[41] Ibid.
[42] Substituted, for the word
“president”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962). 2Ibid.
[43] Substituted, for the word
“president”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962) 4Added by the Town Improvement (Punjab
Amendment) Act, 1977 (XIV of 1977).
[44]
Substituted, for the words “Local Government”, by the Government of India (Adaptation
of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937. 2Ibid. 3Ibid. 4Added
by the Town Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[45] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[46] Added by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[47] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[48] Added by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[49] Substituted by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
the words “by Government”.
[50] Substituted by the Town Improvement
(Punjab Amendment) Act, 1977 (XIV of 1977).
[51] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[52] Substituted, for the word
“president”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[53]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[54] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[55] Substituted by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[56] Repealed by the Punjab
Local Government Ordinance, 1979 (Pb Ord. VI of 1979).
[57] Repealed by the Punjab
Local Government Ordinance, 1979 (Pb Ord. VI of 1979).
[58] Ibid.
[59] Substituted by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[61]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[62] I of 1894.
[63]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 3Ibid. 4Ibid.
[64] Added by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[65] Repealed by the Punjab
Local Government Ordinance, 1979 (Pb Ord. VI of 1979).
[66] Ibid.
[67] Ibid.
[69] Substituted, for the
words “Section 38 of the Municipal Administration Ordinance, 1960”, by the Town
Improvement (Punjab Amendment) Act, 1977 ( XIV of 1977).
[70] I of 1894.
[71] Ibid.
[72] Ibid.
[73] V of 1908.
[74]
Substituted, for the word “Indian”, by the Punjab Laws (Adaptation, Revision
and Repeal) Act, 1954 (XV of 1955). 7Substituted, for the words “Punjab Civil
Service”, by the Punjab Town Improvement (West Pakistan Amendment) Ordinance,
1962 (XVIII of 1962).
[75] Substituted, for the
words “Subordinate Judge”, by the Punjab Adaptation of Provincial Laws Act,
1951 (II of 1952).
[76] Inserted by the Punjab
Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962).
[77] The word “or” omitted by
the Punjab Town Improvement (West Pakistan Amendment) Act, 1958 (XXIX of 1958).
[78] Substituted, for the
words “High Court of Judicature at Lahore”, by the Punjab Town Improvement
(West Pakistan Amendment) Ordinance, 1962 ( XVIII of 1962).
[79] The comma has been
substituted for the full-stop by the Punjab Town Improvement (West Pakistan
Amendment) Act, 1958 (XXIX of 1958).
[81]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 9Ibid.
[83] A colon has been
substituted for the full-stop by the Punjab Town Improvement (West Pakistan
Amendment) Act, 1958 (XXIX of 1958).
[84] Added by the Punjab Town
Improvement (West Pakistan Amendment) Act, 1958 (XXIX of 1958).
[85]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 15Ibid. 16Inserted by the Punjab Town Improvement (West
Pakistan Amendment) Act, 1958 (XXIX of 1958).
[86]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 18Ibid.
[87] Ibid.
[90] Substituted, for the
words “Sub-Judge”, by the Punjab Adaptation of Provincial Laws Act, 1951 (II of
1952) and by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of
1955).
[91] Inserted by the Punjab
Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962).
[92]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[94] Substituted, for the
words “The Co-operative Societies Act, 1912”, by the Punjab Town Improvement
(West Pakistan Amendment) Ordinance, 1962 ( XVIII of 1962). 4Added by the Town Improvement (Punjab
Amendment) Act, 1977 (XIV of 1977). 5X of 1914.
[95]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 7Ibid. 8Ibid. 9Substituted,
for the words “Indian Trust”, by the Punjab Laws (Adaptation, Revision and
Repeal) Act, 1954 (XV of 1955).
[96] II of 1882.
[97] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937. 12Ibid.
[98] X of 1914
[99] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[100] Substituted, for the
words “section 61 (B) (a) of the Municipal Act” by the Punjab Town Improvement
(West Pakistan Amendment) Ordinance,
[101] (XVIII of 1962). The
figures, brackets and letter “61 (B) (a)” were earlier substituted, for the
figures, brackets and letters “61 (1) (a)”, by the Punjab Laws (Adaptation,
Revision and Repeal) Act, 1954 (XV of 1955).
[102] Repealed by the Punjab
Local Government Act, 1975 (XXXIV of 1975), which has also been repealed by the
Punjab Local Government Ordinance, 1979 (Pb. Ord. VI of 1979).
[103] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[104]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 7Substituted by the
Town Improvement (Amendment) Act, 1968 (IV of 1968).
[105]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 9Ibid.
[106] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[107]
Substituted, for the words “Servant of the Government”, by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[108] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[109] Substituted, for the
words “Servant of the Government”, by the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937.
[110] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[111] Substituted by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for
the words “in any general or special order of the Government”.
[112] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[113] Substituted, for the
words “Local Government”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937. 7Ibid.
8Ibid.
[114] Ibid.
[115] Substituted, for the
words “Section 38 of the Municipal Administration Ordinance, 1960”, by the Town
Improvement (Punjab Amendment) Act, 1977 ( XIV of 1977).
[116] Repealed by the Punjab
Local Government Ordinance, 1979 (Pb. Ord. VI of 1979).
[117] Substituted, for the
words “Section 38 of the Municipal Administration Ordinance, 1960”, by the Town
Improvement (Punjab Amendment) Act, 1977 ( XIV of 1977).
[118] Repealed by the Punjab
Local Government Ordinance, 1979 (Pb. Ord. VI of 1979).
[119] Substituted by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[121] Ibid.
[122] Substituted by the Town
Improvement (Punjab Amendment) Act, 1977 (XIV of 1977).
[124] Substituted, for the
word “Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954
(XV of 1955).
[125] XLV of 1860.
[126] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[127] Substituted, for the
words “Government servant”, by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937.
[128] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[129] Substituted, for the
words “prescribed in any general or special orders of the Government”, by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
[130] Substituted, for the
word “Crown”, by the Punjab Town Improvement (West Pakistan Amendment)
Ordinance, 1962 (XVIII of 1962).
[131]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 2Ibid.
[132] Ibid.
[133] The words “Punjab”
omitted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance,
1962 (XVIII of 1962).
[134]
Substituted, for the word “Gazette”, by the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India ( Adaptation of
Indian Laws) Supplementary Order, 1937.
[135]
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, for the words “Local Government”.
[136] The word “Punjab”
omitted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance,
1962 (XVIII of 1962). 2Ibid.
[138] The word “Punjab”
omitted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance,
1962 (XVIII of 1962).
[139] Ibid.
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