Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 02:41:37 PM
[1][1]The [2][2][
(W.P. Act XXV of 1958)
[
An
Act to provide for the preservation and maintenance of graveyards in [3][3][the
Preamble.— WHEREAS it is expedient to make provision
for the preservation and maintenance of graveyards in [4][4][the
It
is hereby enacted as follows:---
1. Short
title, extent and commencement.— (1) This Act may be called the [5][5][
(2) It
extends to the graveyard known as the Miani Sahib Graveyard, Lahore, and the
Government may, by notification, extend all or any of the provisions of this
Act, to any other graveyard[6][6] in [7][7][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) “building” includes a building as defined in the City of
(2) “Committee”
means a Committee constituted under section 3 of this Act;
(3) “Government” means the [10][10][Provincial Government of the
(4) “graveyard”
means a graveyard to which all or any of the provisions of this Act have been
extended;
(5) “High
Court” means the [11][11][High Court of the
(6) “land” includes land defined in the Land Acquisition Act, 1894[12][12];
(7) “prescribed”
means prescribed by rules made by the Government under this Act; and
(8) “Tribunal” means a Tribunal constituted under section 7 of this
Act.
3. Constitution of a Committee.— (1) As soon as may be, after the enforcement
of this Act, or the extension of all or any of the provisions of this Act to
any graveyard, the Government shall appoint for one or more of such graveyards
a Committee which shall consist of a Chairman, and such number of other
official and non-official members as may from time to time be specified by the
Government.
(2) Each such
Committee shall be a body corporate, and shall have perpetual succession and a
common seal, with power to acquire and hold property, and to contract and do
all things necessary for carrying out the purposes of this Act, and may sue and
be sued in its corporate name.
4. Committee to investigate and report.— Within such period as may be fixed by the
Government in this behalf, the Committee shall investigate and report
regarding—
(1) the area of the graveyard according to the various settlement
records;
(2) the
area of the encroachments;
(3) the nature and extent of the encroachment made by each person and
the probable time of the commencement of the encroachment;
(4) the
rights possessed by the encroachers with regard to the land encroached upon by
them;
(5) the
amount of compensation likely to be paid for the removal of the encroachments;
(6) the area which shall be declared to be the area of the graveyard;
and
(7) any
other matter which the Government may specify.
5. Preliminary notification.— When a report under section 4 has been
received the Government shall issue a preliminary notification defining the
limits of the area proposed to be declared as the area of the graveyard
specifying the encroachments and requiring, within a time to be specified, the
removal of all encroachments from that area.
6. Application for exclusion of land from
the area of graveyard.— Any
person who claims to have acquired any title to any land or property included
within the limits defined in the notification issued under section 4, may,
within three months of the date of such notification, apply to the Government
for the exclusion of such land or property from the area of the graveyard.
7. Appointment
of a Tribunal.— The Government shall appoint a [13][13]Tribunal consisting of a person who is, has been
or is qualified to be appointed a District and Sessions Judge to dispose of the
applications presented under section 6 in accordance with the provisions of
sections 8 and 9.
8. Nature of
orders on establishment of title.— (1) If the Tribunal is satisfied that the title
of any person, who has applied under section 6, to any land or property
included within the limits defined in the notification issued under section 5,
has been established, it shall pass an order excluding such land or property
from the area of the graveyard.
(2) The Government may, within one year from
the date of an order under sub-section (1), declare by notification in the
official Gazette, that the land or property or any part thereof excluded from
the area of the graveyard under sub-section (1) is required for the purpose of
graveyard and after making such declaration, acquire the land or the property,
as far as may be, in accordance with the provisions of the Land Acquisition
Act, 1894[14][14].
9. Nature of order when title not
established.— If the
Tribunal is satisfied that the title of any person who has applied under
section 6 to any land or property included in the area defined in the
notification issued under section 5 has not been established, it shall pass an
order rejecting the application and directing such person to hand over
possession of the land or property to the Committee within such period as may
be specified in the order:
Provided
that if the property includes a building the Tribunal shall fix a period, not
exceeding nine months within which such person shall remove the building
materials.
10. Steps taken on non-compliance of order under
section 9.— If an order made
under section 9 is not complied with, within the period specified in the order,
the Tribunal may require the District Magistrate of the district to take such
steps, including the forcible removal from such land or property of all the
occupiers thereof, as may be necessary to put the Committee in possession of
the land or property, and the District Magistrate shall act accordingly. Any
expenses incurred on such forcible removal shall be recoverable from such
occupiers as arrears of land revenue.
11. Appeal.— Any person aggrieved by
a final order passed by the Tribunal in proceedings under sub-section (1) of
section 8 or section 9 or 10 may appeal to the High Court within one month of
the date of the order and any order passed by the High Court in appeal shall be
final.
12. Final notification defining limits of
graveyard.— When all
applications presented under section 6 have been disposed of by the Tribunal
the Government shall issue a final notification defining the limits of the area
of the graveyard.
13. Graveyard to be a Trust.— The possession of the entire land and
property comprising the graveyard as defined in the notification issued under
section 12 shall vest in the Committee and shall be held by it in trust for use
as a graveyard and for such other ancillary purposes as may, in the opinion of
the Government, be necessary for the proper maintenance of the graveyard.
14. Functions of the Committee.— The Committee shall, subject to the control
and superintendence of the Government—
(1) protect
the graveyard from encroachments;
(2) maintain
the graveyard in a fit and proper condition and take steps to improve it;
(3) employ
and pay such staff as may be necessary; and
(4) do
all such acts and things as may be necessary for the preservation and proper
maintenance of the graveyard.
15. Committee to prepare scheme for graveyard.— (1) The Committee shall draw up for the
graveyard a scheme which may, among other things, provide for the following
matters, namely:-
(a) the specification of areas to be used as
burial grounds;
(b) the laying out of streets and open spaces and
the provision of other amenities;
(c) the regulation of the design and structure of
grave;
(d) the use to which the land not immediately
required for the purpose of a burial ground may be put; and
(e) any other matter which may be necessary for
the preservation and proper maintenance of the graveyard.
(2) The Government may reject the scheme
drawn up by the Committee, may return it for further consideration or may
sanction it with such modifications or additions as it may think fit.
(3) Nothing in this section shall preclude
the Government from cancelling or modifying any scheme sanctioned under
sub-section (2) or the Committee from drawing up a fresh or modified scheme.
16. Committee and the Tribunal to exercise powers
under the Civil Procedure Code, 1908.— (1) In relation to proceedings under this Act, the Committee and the
Tribunal shall have the same powers which are vested in a Court under the Code
of Civil Procedure, 1908[15][15], for the following matters:-
(a) discovery and inspection;
(b) enforcing the attendance of witnesses and
requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath and receiving
other evidence;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of
witnesses.
(2) The
Committee, or the Tribunal, may summon and examine, of its own accord, any
person whose evidence appears to be material in any proceedings and it shall be
deemed to be a Civil Court within the meaning of sections 480 and 482 of the
Code of Criminal Procedure, 1898[16][16].
(3) The provisions of the Evidence Act, 1872[17][17] shall be deemed to apply, so far as may be,
to all proceedings before the Committee and the Tribunal.
17. Government to provide funds for
compensation.— The
Government shall place at the disposal of the Committee such funds as may be
necessary for the payment of compensation under section 8 and for the proper
management of the graveyard.
18. Contribution
by local bodies.— The Government may require any local authority to pay such annual
contributions to the Committee, for the maintenance of the graveyard, as may be
fixed from time to time.
19. Rules.— (1) The Government may make rules for the purposes of carrying into
effect the provisions of this Act.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(a) the regulation of the procedure and conduct of
business by the Committee and the Tribunal;
(b) the constitution of the Committee, its powers
and functions, the term of office of members and the resignation and removal of
members and the appointment of the Chairman and Vice-Chairman of the Committee;
(c) the employment of staff by the Committee and
their conditions of service;
(d) the manner in which the funds required by the
Committee shall be raised and spent;
(e) the maintenance of accounts by the Committee
and an audit thereof;
(f) the manner in which schemes under section 15
shall be framed; and
(g) the
manner in which the Government shall control and supervise the activities of
the Committee.
20. Penalties.— Any person who, after the extension of all or any of the provisions of
this Act, to a graveyard:-
(a) makes an encroachment or erects any building
in an unauthorised manner in any part of the area of the graveyard;
(b) puts any land or property within the limits of
the graveyard to any use not in conformity with this Act, or any rules or a
scheme thereunder;
(c) damages any land or property included in the
area of the graveyard; or
(d) commits a breach of any of the provisions of
this Act, or the rules or a scheme framed thereunder;
shall, on conviction by a Magistrate, be
punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or with
both.
21. Cognizance of offences under the Act.—
22. Dissolution
of Committee.— The Government may, at any time, dissolve the Committee, and
transfer its assets and liabilities and entrust its functions and powers to a
local authority.
[1][1]For statement of objects and
reasons, see Gazette of West Pakistan
(Extraordinary), dated 27th January, 1957, p.231.
This Act was passed by the West Pakistan Assembly on 3rd April, 1958; assented to by the Governor of West Pakistan on 19th April, 1958; and, published in the West Pakistan Gazette (Extraordinary), dated 24th April, 1958; pages 657-663.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]For notification extending
Act to Ichhra, Moghalpura, Baghbanpura, Garhi Shahu and Dharampura graveyards, see Gazette of West Pakistan, 1959, Pt.
1-A, p. 81.
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]Repealed by the
[9][9]Ibid.
[10][10]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[11][11]Substituted ibid., for “High Court of West
Pakistan”.
[12][12]I of 1894.
[13][13]The Chairman, Lahore
Improvement Trust Tribunal has been appointed Tribunal under this section, see Gazette of West Pakistan. 1959, Pt.
I-A, p.81.
[14][14]I of 1894.
[15][15]V of 1908.
[16][16]V of 1898.
[17][17]I of 1872, repealed by
Qanoon-e-Shahadat Ordinance, 1984.
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