Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 03:07:19 PM
[1][1]The
(Punjab Act XVI of 1950)
[
An
Act to provide for resumption of
certain grants of [3][3][Government]
land
Preamble.— WHEREAS
certain grants of [4][4][Government] land were made under section 10
of the Colonization of Government Lands (Punjab) Act, 1912, during the years
1945 to 1947 in material disregard of public interest and Government policy and
of procedure governing the making of such grants;
AND, WHEREAS, the Governor of the Punjab has, in
pursuance of a proclamation issued[5][5] by the Governor-General of Pakistan under
section 92-A of the Government of India Act, 1935 assumed on behalf of the
Governor-General all powers vested in or exercisable by the Provincial
Legislature under the said Act;
NOW, THEREFORE, in exercise of the powers so assumed the
Governor is hereby pleased to enact as follows:-
1. Short title, extent and
commencement.— (1) This Act
shall be called the
(2) It shall
extend to the whole of the
(3) It shall
come into force at once.
2. Definitions.— In this Act unless there is anything
repugnant in the subject or context the word—
(i) “Collector” shall have the meaning assigned to
it in section 3 of the Colonization of Government Lands (
(ii) “Grantee” means a person to whom a grant of
land is made on any terms by the Government under the Colonization of
Government Lands (Punjab) Act, 1912, and includes the successor in interest of
such grantee; and
(iii) “Government” means the Provincial Government [8][8][* * *].
3. Resumption
of grants and extinguishment of rights in land.— Notwithstanding
anything contained in the Colonization of Government Lands (Punjab) Act, 1912,
or any other law for the time being in force, the Government if satisfied after
such enquiry as it may consider necessary that any grant of [9][9][Government]
land, on any conditions, made during the years 1945 to 1947, was made in
disregard of public interest or Government’s policy or of the procedure
required to be followed in such cases, whether the grantee has taken possession
of the land or not and irrespective of the acquisition of proprietary rights in
the land by the grantee, may order resumption of the grant and extinguishment
of all rights of the grantee in the land covered by the grant from such date as
it may specify generally or in particular cases.
4. Collector to resume
possession and grant of compensation, etc.— (1) Where an order resuming any grant or extinguishing rights in land
covered by such grant has been made under the last section, the Collector may
forthwith re-enter upon the said land and resume possession thereof.
(2) The
grantee or any one claiming through or under him shall not be entitled to any
compensation except for any buildings erected or trees planted by him on the
land which in the opinion of the Government were necessary for the enjoyment of
the grant.
(3) If prior
to the making of an order under section 3 proprietary rights have been acquired
by the grantee in the whole or part of any land covered by the grant, the money
paid by him towards such acquisition shall be refunded.
5. Possession to be taken
pending payment of compensation, etc.— (1) Where a grantee is entitled to any compensation under sub-section
(2) or to any refund under sub-section (3) of section 4, the Collector may take
possession of the land pending payment thereof.
(2) The
amount of the compensation shall be assessed by such officer and on such basis
and be paid in such manner as may be prescribed by rules made by the Government
in this behalf.
6. Bar of Courts
jurisdiction.— No court
shall have jurisdiction in any matter which the Government or a Collector or
any other officer appointed by the Government is empowered by this Act to
dispose of, or shall take cognizance of the manner in, or the reasons for,
which the Government or a Collector or other officer appointed by Government,
exercise any power vested in it or in him by or under this Act.
7. Rules.— The Government may frame rules for carrying out
the purposes of this Act.
[1][1]This Act was assented to by
the Governor of the
[2][2]Substituted, for the word
“Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2 (1)
Schedule Part I.
[3][3]Ibid.
[4][4]Ibid.
[5][5]It was issued on
[6][6]Substituted, for the word
“Crown”, by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1)
Schedule Part I
[7][7]V of 1912.
[8][8]The words “of the Punjab”
omitted by the
[9][9]Substituted, for the word “Crown’,
by the West Pakistan Laws (Adaptation) Order, 1964, section 2(1), Schedule Part
II.
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