Updated: Wednesday November 07, 2012/AlArbia'a Thoul Hijjah 23, 1433/Budhavara Karthika 16, 1934, at 04:15:40 PM

The Punjab Conferment of Proprietary Rights on Non-Proprietors in Abadi Deh Act, 1995

Act No. I of 1995

An act to provide for the conferment of proprietary rights on non-proprietors in the abadi deh

[The Punjab gazette, Extraordinary, February 13, 1995]

 

            No. Legis-2(11)/94/17.—The Punjab Conferment of Proprietary rights on non-Proprietors in Abadi Deh Bill, 1994, having been passed by the Provincial Assembly of the Punjab on the 2nd day February 1995 and assented to by the Governor of the Punjab on the 12th day of February 1995, is hereby published as an act of the Provincial Assembly of the Punjab.

 

            WHEREAS, it is expedient to confer proprietary rights on on-proprietors in the abadi deh in conformity with the Injunctions of Islam as set out in the Holy Quran and Sunnah;

 

            It is hereby enacted as follows:---

 

            1.         Short title, extent and commencement.—(1) This Act may be called the Punjab Conferment of Proprietary Rights on Non-Proprietors in Abadi Deh Act, 1995.

            (2)        It extends to the whole of the Punjab.

            (3)        it shall come into force at once.

 

            2.         Definitions.—In this Act, unless there is anything repugnant in the subject or context-- 

(1)               “abadi deh” means and includes an area which is recorded as abadi deh in the record of rights prepared under the Punjab Land Revenue Act, 1967 (XVII of 1967) but does not include an urban area;

(2)               “Collector” means a Collector of the district and includes an Assistant Commissioner or a Collector of a Sub-division or any officer specially empowered by the government to perform the functions of a collector under this Act;

(3)               “Commissioner” means the officer In charge of the revenue and general administration of a Division and includes and Additional commissioner of such division;

(4)               “Deputy commissioner” means the officer In charge of the revenue and general administration of a district and includes an officer notified as such by the government for purposes of this Act;

(5)               “house” means building or structure used for residential purposes and includes a court-yard;

(6)               “land” means and includes an area under a house in the abadi deh, but does not include any area reserved fro a street, a lane, a playground, a school, a mosque or other place of worship, a graveyard, a drinking well or a pond  meant for the village community;

(7)               “non-proprietor” means an inbabitant of a village who ordinarily resides in the abadi deh of  that village and who under any law or custom or usage having the force of law in force immediately before commencement of this Act, is not co-sharer in the abadi deh in which his house is situated;

(8)               “Urban area” means urban area defined in clause (iii) of sub-section (1) of section 8 of the Punjab Local Government Ordinance, 1979 (VI of 1979).

 

3.         Conferment of Proprietary rights in land on non-proprietors.—Notwithstanding anything to the contrary contained in any law for the time being in force or in any agreement, instrument, custom or usage or in any decree or order of any court or other authority, all rights, title and interest whatever, in the land which is substituted within the abadi deh and which is under a house owned by a non-proprietor shall, on the commencement of this act, vest in the non-proprietor under whose house it is situate, free of charge, and no compensation shall be claimed by or paid to any person or government affected by the vesture of proprietary right in a non-proprietor under this section. 

 

4.         Resolution of disputes.--- Where any dispute arises from giving effect to the provisions of this Act, the Collector of the area in which the land is situated may, on the application of any aggrieved party made within a reasonable period, take cognizance of the dispute and decide the matter.

 

5.                  Appeal—(1) An appeal shall lie against an order made by a Collector under this Act—

(i)                  before the commissioner where the order is possed by the District collector;

(ii)                before the Deputy Commissioner where the order is passed by an Assistant Commissioner or any other officer exercising the power of Collector.

(2)        The limitation for filing an appeal under this section shall be thirty days from the date of the impugned order excluding the period duly spent in obtaining certified copy of the impugned order and the provisions of section 5 of the Limitation Act, 1908 (IX of 1908) shall apply to an appeal under this section.

(3)        No order in appeal adversely affecting any person shall be passed without affording to the affected party an opportunity of being heard.

(4)        The appeal filed under this section shall be disposed of within ninety days.

(5)        An order passed in appeal under this section shall be final. 

 

            6.         Removal of difficulties.—If any difficulty arises in giving effect to any provision of this Act, the government may made such order, not inconsistent with the provisions of this At, as may appear to it to be necessary for purposes of removing the difficulty.

 

            7.         Rules.—The Government may make rules for the purposes of this Act.

 

            8.         Bar of jurisdiction.—No order passed or proceedings taken by the collector or the Commissioner or the Government under this Act shall be called in question in any civil Court.

 

            9.         Repeal.—The Punjab conferment of proprietary Rights on Non-proprietors in Abadi Deh ordinance, 1994 (XV of 1994) is hereby repealed.

 

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