Updated: Tuesday February 17, 2015/AthThulatha
Rabi' Thani 28, 1436/Mangalavara
Magha 28, 1936, at 05:14:39 PM
[1][1]The Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
(XIV of 1975)
[28
January 1975]
An
Act to repeal certain laws relating to
evacuee
property and rehabilitation of displaced persons.
Whereas it is
expedient to repeal certain laws relating to evacuee property and the
rehabilitation of the displaced persons;
It is hereby enacted as follows:---
1. Short title and commencement.– (1) This Act may be called the Evacuee Property and
Displaced Persons Laws (Repeal) Act, 1975.
(2) It
shall come into force at once and shall be deemed to have taken effect on the
first day of July, 1974.
[2][2][1-A. Definitions.– In this Act,---
(a) “Board
of Revenue” means the Board of Revenue established under the Punjab Board of
Revenue Act, 1957 (XI of 1957); and
(b) “Government”
means Government of the
2. Repeal of certain laws.– (1) The following Acts and Regulations are hereby
repealed, namely:---
(i) the
Registration of Claims (Displaced Persons) Act, 1956 (III of 1956);
(ii) the Pakistan Rehabilitation Act, 1956 (XLII of
1956);
(iii) the
(iv) the Displaced Persons (Compensation and
Rehabilitation) Act, 1958 (XXVIII of 1958);
(v) the
Displaced Persons (Land Settlement) Act, 1958 (XLVII of 1958);
(vi) the Scrutiny of Claims (Evacuee Property)
Regulation, 1961; and
(vii) the Price of Evacuee Property and Public Dues
(Recovery) Regulation, 1971.
(2) Upon
the repeal of the aforesaid Acts and Regulations, all proceedings which,
immediately before such repeal, may be pending before the authorities appointed
thereunder shall stand transferred for final disposal to such officers as may
be notified by the [3][3][Government] in the
official Gazette and all cases decided by the Supreme Court or [4][4][the Lahore High Court]
after such repeal which would have been remanded to any such authority in the
absence of such repeal shall be remanded to the officers notified as aforesaid.
(3) Any
proceedings transferred or remanded to an officer in pursuance of sub-section
(2) shall be disposed of by him in accordance with the provisions of the Act or
Regulation hereby repealed to which the proceedings relate.
(4) The
final orders passed under sub-section (3) shall be executed by the [5][5][Board
of Revenue] in accordance with the provisions of the Act or the Regulation
hereby repealed to which the proceedings related.
3. Transfer of property.– [6][6][(1) All properties, both urban or rural, including
agricultural land, other than such properties attached to charitable, religious
or educational trusts or institutions, whether occupied or un-occupied, which
may be available for disposal immediately before the repeal of the aforesaid
Acts and Regulations or which may become available for disposal after such
repeal as a result of a final order passed under sub-section (3) of section 2,
shall stand transferred to the Government, for disposal–
(a) in the case of urban
properties, by the Government under a scheme to be prepared by it; and
(b) in case of rural properties, by the Board of
Revenue under a scheme to be prepared by the Government.]
(2) The
agricultural land temporarily allotted under any of the aforesaid Acts or
Regulations to a displaced person from Jammu and Kashmir State or to such other
person as the [7][7][Government] may
determine who is not in cultivating possession of the allotted land, shall be
offered for sale to such allottee unless an order of cancellation of allotment
has been passed against him in respect of such land:---
Provided that only so much land
shall be offered to such allottee as does not, together with the land already
held by him, exceed a subsistence holding within the meaning of the Land
Reforms Regulation, 1972:---
Provided further that the temporary allottee
or other person who purchases the land so offered to him shall not eject the
tenant from such land except on the ground that he has failed to pay rent in
accordance with the terms of his tenancy:
Provided further that, in the event
of a displaced person from Jammu and Kashmir State or any of his
successors-in-interest being repatriated to that State, he shall pay to the [8][8][Government] the
price of the land held by him at the rate ascertained by [9][9][the Government].
4. Disposal of residual work.– All the work regarding
documentation, both for the urban and rural properties, recovery of outstanding
transfer price, rent or mortgage money of such property already disposed of and
discharge of miscellaneous liabilities out of these recoveries, which may
remain pending immediately before the repeal of the aforesaid Acts and
Regulations shall stand transferred to the [10][10][Board
of Revenue].
5. Power to make rules.– The [11][11][Government] may,
by notification in the official Gazette, make rules for carrying out the
purposes of this Act.
[12][12][6. * * * * * * * * * * * *]
[1][1]This Act of Parliament received the assent of the
President on 1st February 1975, and was published in the Gazette of
Pakistan, Extraordinary, Part III, dated 3rd February 1975, p.20.
This Act was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012).
[2][2]Inserted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012).
[3][3]Substituted for the words “Provincial Government” by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012).
[4][4]Ibid., for the words “a High Court”.
[5][5]Ibid., for the words “Board of Revenue of the Province”.
[6][6]Substituted ibid.
[7][7]Ibid., for the words “Federal Government”.
[8][8]Substituted for the words “Provincial Government” by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012).
[9][9]Ibid., for the word “that Government”.
[10][10]Ibid., for the words “Board of Revenue of the Province”.
[11][11]Ibid., for the words “Provincial Government”.
[12][12]Section 6 “Repeal.” omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981),
s. 3, Second Sch.
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