Updated: Sunday August 18, 2013/AlAhad
Shawwal 12, 1434/Ravivara
Sravana 27, 1935, at 08:25:40 AM
[1][1]The
(Punjab Act
XXI of 1952)
[14 July 1952]
An Act to provide for the speedy reclamation
and improvement of the areas damaged by thur and sem [2][2][for preventing further damage
and for maximizing agricultural production]
Preamble.— WHEREAS it is expedient to make provision
for the speedy reclamation and improvement of the areas damaged by thur and sem, [3][3][for preventing further damage and for
maximizing agricultural production];
It
is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the [4][4][
(2) It extends to the whole of [5][5][the
(3) It shall come into force at once, but
the provisions of Chapters IV to VI shall apply only to such areas and from
such date as may be specified in the notification issued under section 27.
2. Definitions.— In this Act unless there is anything
repugnant in the subject or context—
(i) “Board” means the [6][6][
[7][7][(ii) “canal
officer” means an officer defined as such in the Canal and Drainage Act, 1873[8][8], or the Sind Irrigation Act, 1879[9][9], as may be applicable to the area, and
includes any officer appointed under this Act to exercise all or any of the
powers of a canal officer;
(iii) “canal”, “water-course” and “drainage work”
have the same meanings as are assigned to them respectively in the Canal and
Drainage Act, 1873[10][10], or the Sind Irrigation Act, 1879[11][11], as may be applicable to the area;]
(iv) “Chairman” means the Chairman of the [12][12][
(v) “Collector” includes any officer appointed
under this Act to exercise all or any of the powers of a Collector;
(vi) “Commissioner” includes any officer appointed
under this Act to exercise all or any of the powers of a Commissioner;
(vii) “Department” means a department of the [13][13][* * *] Government;
(viii) “District” means a district as fixed for
revenue purposes;
(ix) “Government” means the [14][14][Provincial Government of the
(x) “holding” means a share or portion of an
estate held by one land owner or by two or more land owners jointly;
(xi) “improvement” means improving or preserving
the productive capacity of a soil;
(xii) “land” includes land as defined in clause (a)
of section 3 of the Land Acquisition Act, 1894[15][15];
(xiii) [16][16][* * * * *
* * * * * * *]
(xiv) “local area” means an area to which the
provisions of Chapters IV to VI of this Act have been extended;
(xv) “local authority” has the same meaning as in
section 2 of the Local Authorities Loans Act, 1914[17][17];
(xvi) “Member” means member of Soil Reclamation
Board appointed under section 4 of this Act;
[18][18][(xvi-A) “officer”
means an officer of the Board other than the Chairman or a member;]
(xvii) “Prescribed” means prescribed by rules made by
Government under this Act;
(xviii) “Reclamation fee” means a fee imposed for soil
reclamation under this Act;
(xix) [19][19][“rent” includes rent as defined in any law
relating to tenancy for the time being in force in the area;]
(xx) “scheme” means a scheme framed under this Act;
(xxi) “Secretary” means Secretary of the Board [20][20][* * *];
(xxii) “sem” means the rise of sub-soil water-table
so high that the water actually oozes out of the land or the land remains
constantly damp and where the context so permits “sem”, “sem land” or “sem
affected land” means any land or area affected by “sem” and includes such land
or areas as may by notification be declared as “sem” from time to time;
(xxiii) [21][21][“soil reclamation” and “reclamation” means
rendering thur and sem lands free
from excessive salts and water respectively so as to make them fit for normal
cropping and include—
(a) measures against deterioration of land;
(b) total development of the area with a view to
maximizing agricultural production; and if any, question arises—
(1) whether any matter comes within the purview of
the terms “soil reclamation” and “reclamation” or not, or
(2) as to the extent of reclamation operations
carried out, or required to be carried out in any area,
the question shall be referred to the Board,
whose decision shall be final and shall not be called in question by or before
any Court.]
(xxiv) “tenant” includes the predecessors and
successors-in-interest of a tenant;
(xxv) the expressions “tree”, “timber” and “cattle”
have the meanings respectively assigned thereto in the Forest Act, 1927[22][22];
(xxvi) “thur” means salt efflorescence at the surface
of the land rendering the surface white, ash coloured, black or brown, or not
discoloured but presenting an oily appearance and where the context so permits
“thur”, “thur land” or “thur affected land” means any land or area affected by
thur and includes such land or area as may by notification be declared as
“thur” from time to time;
(xxvii) “Tribunal” means a Tribunal constituted under
this Act; and
(xxviii) “tubewell” means well, worked with electric or
thermal power to draw out sub-soil water.
CHAPTER II
CONSTITUTION OF THE BOARD
3. The Board
a body corporate.— The duty and power of carrying out the provisions of this Act in any
local area shall, subject to the conditions and limitations hereinafter
contained, be vested in the Board which shall be a body corporate, and shall
have perpetual succession and a common seal, and shall be competent to sue and
be sued in its name.
[23][23][4. Constitution of the Board and term of office of
members.— (1) The Board
shall consist of—
(a) Chairman
appointed by Government, who shall not be below the status of Member Board of
Revenue, [24][24]
(b) five members, who shall be Secretaries to
Government of [25][25][the
(c) Chairman,
[26][26][the
(d) Chairman, [27][27][the
(2) Every member shall be appointed by
virtue of office and continue to be a member so long so he holds that office.
5. Power of Government to alter membership
of the Board.— Government
shall have the power to alter the membership of the Board as and when considered
necessary.]
CHAPTER III
PROCEEDINGS OF THE BOARD, ITS COMMITTEES,
OFFICERS AND SERVANTS AND SUPPLY OF INFORMATION TO GOVERNMENT
6. Meetings of the Board.— (a) The Board shall ordinarily meet for the
transaction of business at least once [28][28][in two months] at such time as the Chairman
may fix, provided that the Chairman may, whenever he thinks fit, and shall,
upon the written request of not less than two members, and within 10 days of
the request, call a special meeting.
(b) The
quorum necessary for the transaction of business at an ordinary or special
meeting shall be three, provided that if at any such meeting a quorum is not
present, the Chairman or if he be not present the Secretary subject to such
directions as the Chairman may have given, shall adjourn the meeting to such
other day as he may think fit and the business which would have been brought
before the original meeting, if there had been a quorum present, shall be
brought before and transacted at the adjourned meeting whether there be a quorum
present or not.
(c) At every meeting the Chairman, if he be
present, and in his absence such one of the members 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 members present, the
Chairman of the meeting in case of an equality of votes having a second or
casting vote.
(e) (i) Minutes of the proceedings with the names of
the members present at each meeting shall be drawn up and recorded in a book to
be kept for the purpose, and shall be signed by the person presiding at the
meeting within one week of the meeting to which these relate, and shall at all
reasonable times be open to inspection by any member, and no member shall be
entitled to object to the minutes of any meeting unless he was present at the
meeting to which they relate.
(ii) The minutes of a meeting shall be put up at
the next meeting and shall be confirmed with such alterations as may be
necessary to bring them in accord with the true facts of the proceedings of the
meeting.
7. Temporary association of members with
the Board.— (1) The Board
may associate with itself in such manner and for such period as may be
prescribed by bye-laws made under section 49, any officer of a Government department
or other person whose assistance or advice it may desire in carrying out any of
the provisions of the Act.
(2) An
officer or person associated with itself by the board under sub-section (1) for
any particular purpose, shall have a right to take part in the discussions of
the Board relative to that purpose, but shall not have a right to vote for its
decision and shall not be deemed to be a member of the Board or be entitled
even to take part in discussion regarding any purpose other than the purpose
for which he was associated.
8. Constitution and functions of
Committees.— (1) The Board
may from time to time appoint Committees consisting of such persons of any of
the following classes as it may deem fit, namely:-
(i) members;
(ii) persons associated with the Board under
section 7; and
(iii) other persons whose services, assistance or
advice the Board may desire as members of such committees;
provided that no such
Committee shall consist of less than three persons and that at least one of
them shall be a member of the Board and the Secretary shall be ex-officio Secretary of every such
Committee.
(2) The Board may:-
(a) refer
to a Committee for inquiry and report any matter relating to any of the
purposes of this Act; and
(b) delegate
to a Committee by resolution and subject to any bye-laws made under section 49,
any of the powers or duties of the Board.
(3) The Board may at any time dissolve or,
subject to the provisions of sub-section (1), alter the constitution of any
Committee.
(4) Every Committee shall conform to
instructions given to it by the Board from time to time.
(5) All proceedings of a Committee shall be
subject to confirmation by the Board.
(6) Any person associated with the Board
under sub-section (1) of section 7 or appointed as member of a Committee under
clause (iii) of sub-section (1) shall be entitled to receive such remuneration
as may be [29][29][fixed by the Board.]
9. Meetings of Committees.— (1) Committees appointed under section 8 may
meet and adjourn as they think proper; but the Chairman of the Board may
whenever he deems fit call a special meeting of any such Committee, and shall
call a special meeting upon the written request of not less than two members of
the Committee within 10 days of the receipt of the request.
(2) A meeting of a Committee shall be
presided over;
(i) by the Chairman if he be present; or
(ii) if the Chairman be not present and there be
present only one member of the Board who is on the Committee, by such member;
or
(iii) if there be not present the Chairman but there
be present more than one members of the Board who are on the Committee by any
one of them chosen by the Committee for the purpose; or
(iv) if there is no member of the Board present who
is on the Committee, by any member of the Committee chosen by the Committee.
(3) All questions which come before any
meeting of a Committee shall be decided by a majority of the votes of the
members present, the person presiding at the meeting having a second or casting
vote in case of equality of votes.
(4) No business shall be transacted at any
meeting of a Committee unless at least two of its members are present. In the
case of want of quorum the Chairman or if he be not present the Secretary shall
proceed under the provisions of the proviso to section 6(1)(b).
[30][30][10. Appointment of officers etc.— (1) The Board may appoint such officers,
advisers and servants as it considers necessary for the efficient performance
of its functions on such terms and conditions as it may deem fit.
(2) The
Chairman may, in cases of emergency appoint such officers, advisers or servants
on such terms and conditions as he thinks fit:
Provided
that every such appointment shall be reported to the Board without unreasonable
delay and shall not continue beyond six months unless approved by the Board.]
[31][31][11. Recruitment, conditions of service
and disciplinary powers.—
(1) Procedure for the appointment of the officers and servants of the Board and
the terms and the conditions of their service shall be such as may be provided
by bye-laws.
(2) Subject to rules and bye-laws, the Board
shall be competent to take disciplinary action against its officers and
servants.]
12. Control by
Chairman.— The Chairman shall exercise supervision and control over all officers
and servants of the Board and subject to the foregoing sections, shall dispose
of all questions relating to the service of these officers and servants and
their pay, privileges and allowances.
[32][32][13. Delegation of powers.— (1) The Board may delegate to the Chairman or
any member or officers any of its powers under this Act or the rules or
bye-laws.
(2) The Chairman may likewise delegate to
any member or officers any of his powers under this Act or the rules or
bye-laws, not being a power delegated to him by the Board under sub-section
(1).]
14. Supply of information and documents to
Government.— (1) The
Chairman shall forward to the Government a copy of the minutes of the
proceedings of each meeting of the Board within ten days from the date on which
such minutes are signed as prescribed in clause (e) of sub-section (1) of
section 6.
(2) If the Government so directs in any case
the Chairman shall forward to it a copy of all the papers which were laid
before the Board for consideration at any meeting.
(3) the 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 Board; or
(ii) a report on any such matter; or
(iii) a copy of any document in the charge of the
Chairman, or in the office of the Board.
The
Chairman shall comply with every such requisition without unreasonable delay.
15. Scrutiny of soil reclamation activities
of other departments.— The
Board shall have powers, subject to any rules that may be framed by the
Government, to scrutinize the activities of other departments affecting soil
reclamation.
16. Use of mechanical plants of departments.— The Board shall be provided, subject to any
rules that may be framed by the Government, if necessary, mechanical plants
belonging to the various departments.
CHAPTER IV
SCHEMES AND PROCEDURE TO BE FOLLOWED IN
FRAMING THEM
17. Scheme for reclamation.— The Board may on its own motion or on the
application of any owner or any person interested in land within a local area
frame or require a department [33][33][or any other agency] to frame, a scheme for
reclamation of the local area or part thereof or for prevention of the spread
of thur or sem likely in the opinion
of the Board to threaten the local area in the near future [34][34][Providing amongst others for all] or any of
the following matters:-
(i) The acquisition under the Land Acquisition
Act, 1894, as modified by this Act, of any land or any interest in land
necessary for or affected by the execution of the scheme.
(ii) The acquisition by purchase, lease, exchange
or otherwise of such land or interest therein.
(iii) The retention, letting on hire, lease, sale,
exchange or disposal otherwise of any land vested in or acquired by the Board.
(iv) The relaying of any land comprised in the
scheme and reservation of any part thereof not exceeding one-fifth of the total
area for the common purposes of the village or villages comprised totally or
partially in the scheme, and the redistribution of the rest of the land among
the owners of the property comprised in the scheme, and management of lands
reserved for common purposes.
(v) The layout and construction of villages
including the demolition of the existing buildings by the Board or by the
owners and by the Board in case of default by the owners.
(vi) The provision of facilities for communication
including the layout and the alteration of roads, streets, footpaths, bridle
paths and waterways.
(vii) The breaking up, cultivation, afforestation or
plantation of lands, and the raising, lowering or reclamation of any land for
the production of foodgrains, fruits, vegetables, fuel, fodder and the like and
the provisions of means of irrigation and irrigation channels by the Board or
by the owners, and the Board in default of owners, the cost being recoverable
from the owners in the latter case, if considered justified by the Board.
(viii) The draining of villages and land.
(ix) The provision of a system of drains, open or
covered and outfalls for the improvement of ill-drained lands.
(x) The provision of fisheries, poultry farms,
live-stock farms, dairy farms, sheep farms, bee farms, sericulture farms and
the like.
(xi) The installation, management and maintenance
of tube-wells and lifting and disposal of underground waters by other means.
(xii) The doing of all acts intended to promote the
health, well being and prosperity of the residents of a local area, including
the soil conservation and preservation from injury or pollution of rivers and
other sources and means of water-supply.
(xiii) The advances to the owners, occupiers or
tenants of land comprised in the scheme upon such term and conditions as may be
prescribed under the scheme of the whole or part of the capital requisite for
breaking up and cultivation of land, construction of watercourses, digging
drains, laying pipes overground and underground, sinking of wells, purchase of
cattle, agricultural implements, machinery and seeds and for any purposes
subsidiary to agriculture and for erection of houses, godowns and cattle sheds.
(xiv) The establishment of an insurance fund for
insurance on compulsory or voluntary basis of crops, and cattle, recovery for
insurance premia, contribution and distribution of benefits from the insurance
fund subject to the provisions of any law applicable thereto.
(xv) The execution or carrying out of survey of any
scheme or part of the scheme by any department on such terms and conditions as
may be agreed upon between the Board and the Government.
(xvi) Replacement of canal water-supply by tube-well
or open well in part or whole.
(xvii) Carrying out of research work relating to soil
reclamation through any department where the facilities exist or can be
provided for.
(xviii) Carrying out of lining of channels in
consultation with the Irrigation Department where the Board considers such a
measure desirable.
(xix) All other matters which the Board with the
approval of the Government or the Government may deem necessary to promote the
general efficiency of a scheme or for the reclamation and improvement of any
local area.
(xx) Notwithstanding anything contained in the
Canal and Drainage Act, 1873[35][35], to provide for, in a local area—
(a) the improvement, alteration, extension or curtailment of any
watercourse;
(b) the amalgamation or separation of any irrigation chak;
(c) the transfer of any area from one source of irrigation to another;
(d) the temporary increase or decrease of water allowance to any area or
total curtailment of water-supply;
(e) the alteration, amendment or cancellation of any order already in
force regarding the distribution of water on any water-course or the mutual
rights or liabilities in respect of the use, construction or maintenance of a
water-course or the issue of a fresh order superseding any existing order or
mutual agreement;
(f) the prohibition of growing of any crops or laying down any specific
crop rotation;
(g) the application of any type and quantity of manuring whether green,
artificial or farm yard; and
(h) the construction of any field drains and
drainage works.
18. Publication of notice as to schemes and
supply of documents to applicants.— (1) when a scheme under this Act has been framed, the Board 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 a statement of the land proposed to be acquired or on which it is
proposed to charge a reclamation fee and a general map of the locality comprised
in the scheme, may be inspected during specified hours.
(2) The Board shall—
(i) cause the said notice to be published weekly
for three consecutive weeks in the official Gazette and in a newspaper or
newspapers selected by the Chairman for the purpose specifying the period which
shall not be less than 30 days within which objections against the scheme will
be received; and
[36][36][(ii) send
a copy of the notice to—
(a) the Deputy Commissioner of each District and
the Chairman of each District Council and Union Council within whose
jurisdiction the whole or any part of the locality comprised in the scheme is
situated and ask them to send to the Board, within six weeks from the date of
the receipt of the copy of the notice; any representation which they may wish
to make in respect of the scheme; and
(b) each police-station and patwarkhana within whose jurisdiction the whole or any part of the
locality comprised in the scheme is situated for displaying it at a conspicuous
place in the police-station or patwarkhana,
as the case may be, for public information.]
(3) The Chairman shall cause copies of the
documents referred in clause (iii) of sub-section (1) to be delivered to any
person applying for the same on payment of such fees as may be prescribed.
19. Notice of proposed acquisition of land.— (1) During the thirty days next following
the first day on which any notice is published under section 18 in respect of
any scheme under this Act, the Board shall serve a notice on—
(i) every person whom the Board has reason to
believe after due enquiry to be the owner of any immovable property which it
proposes to acquire for executing the scheme [37][37][* * *].
(ii) the occupier or tenant (who need not be named)
of such premises or land as the Board proposes to acquire for executing the
scheme.
(2) Such notice shall—
(a) state that the Board proposes to acquire such
property [38][38][* * *] for the purposes of carrying out a scheme
under this Act, and
(b) require such person, if he objects to such
acquisition [39][39][* * *] to state his reason in writing within a
period of 30 days from the service of the notice.
(3) Every such notice shall be signed by the
Chairman or by an officer of the Board authorised by him.
20. Consideration of objections and
application for sanction of scheme.— After the expiry of the period respectively prescribed in clauses (i)
and (ii) of sub-section (2) of section 18 and clause (b) of sub-section (2) of
section 19, the Board shall consider any objection or representation received
in response to the notice and after hearing all persons making any such
objection or representation who may desire to be heard in person or through
representative, the Board may either abandon the scheme or apply to the
Government for sanction of the scheme as originally framed or with such
modifications as the Board may deem necessary.
(2) The application made by the Board to
Government 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 and representations,
if any, received under section 18;
(iv) a list of the names of the persons, if any,
who have objected under clause (b) of sub-section (2) of section 19, to the
proposed acquisition of their property [40][40][* * *] and a statement of the reasons given
for such objections; and
(v) a statement of the arrangements made or
proposed by the Board for the resettlement or rehousing of persons who are
likely to be displaced by the execution of the scheme.
21. Government may sanction, reject or return
scheme.— (1) The Government
may sanction with or without modifications, or may refuse to sanction or may
return for reconsideration any scheme submitted to it under section 20.
(2) If a scheme returned for reconsideration
under sub-section (1) is modified by the Board, it shall be re-published in
accordance with the provisions of section 18, 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, or
the levy of reclamation fee on the land which was not previously proposed to be
liable to such reclamation fee.
22. Notification of sanction of scheme.— (1) Whenever the Government sanctions any
scheme under this Act, it shall announce the fact by notification, and the
Board shall forthwith proceed to execute the scheme.
(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 and shall not be called into question by or before
any court.
23. Alteration of scheme after sanction.— A scheme sanctioned by government under this
Act, may be modified by the Board at any time during its execution:
Provided
that—
(a) if any modification is estimated to increase
the estimated net cost of executing the scheme by more than rupees five laks or
20 per cent of the said estimated net cost, whichever is less, such
modification shall not be made without the previous sanction of the Government,
or
(b) if
any modification involves the acquisition, otherwise than by agreement of any
land, the acquisition of which was not included in the scheme sanctioned by the
government or involves the levy of reclamation fee on land not liable to such
fee under the said scheme, the procedure prescribed in the foregoing sections
of this chapter shall, so far as applicable, be followed as if the
modifications were a separate scheme.
[41][41][24. Merging of different schemes in one
consolidated scheme.— The
Board may any time merge in one consolidated scheme any number of schemes in
operation, framed or proposed to be framed under this Act.]
25. Passing over of works and services to
owners.— As soon as any
scheme has been executed by the Board or at a later date, the Board may by
written requisition call upon the owner or owners of any particular area
covered by the scheme to take over and maintain any of the works and services
in that area and the owner or owners shall be bound to comply with such
requisition.
26. Control over underground water.— (1) As soon as a scheme for a local area or
part thereof is sanctioned as notified under sub-section (1) of section 22, the
use of underground waters in that area except the water used for domestic
purposes or for watering livestock shall come under control of the Board. The
Board shall frame rules to define, for different areas from time to time, the
uses which are to be included in the term “domestic purposes or watering
livestock”.
(2) As soon as it is practicable after the
issue of the notification under sub-section (1) of section 22, the Collector
shall cause public notice to be given at convenient places in the area
concerned stating that the use of underground waters in the said area is
controlled, and that all persons using underground waters, for purposes other
than domestic or for watering livestock, through tube-wells, wells and other
appliances worked by electricity, steam, oil or wind power, should have all
such tube-wells and wells and appliances existing on the date of the
notification registered in the office of the Collector or the Divisional Canal
Officer, as directed, within a period not exceeding three months from the date
of the issue of such public notice.
(3) After publicity of the notice under
sub-section (2) of this section, any owner or occupier of land who desires to
put up any new tube-well or well, worked by electricity, steam, oil or wind
power for using underground waters, for any purpose other than domestic or for
watering livestock, shall apply for a licence to the Board. The Board shall
frame rules with the sanction of Government to determine the form of the
licence, its terms and the officers by whom it shall be granted. Such rules
shall provide for a guarantee being obtained from the applicant before issue of
the licence that if in the opinion of the Board his appliance, within six
months of its erection, seriously affects any existing use of underground
waters, he will either abandon the licence or pay compensation as assessed by
the Collector.
(4) No claim
or suit shall lie for damages against the Board, Government or any other
person, on account of any ill-effects on the appliance of the licensee caused
by the construction of a tube-well or the working of any appliance for the
removal or use of underground water if the said appliance is erected or used in
the manner prescribed by the Board.
(5) In the
area for which the scheme has been sanctioned, the Board may order any
tube-well or well, worked by electricity, steam, oil or wind power, for using
underground waters, to be closed down either temporarily during specified
periods of the year or permanently, provided that such order shall not prohibit
the use of underground waters by any owner or occupier of land for domestic
purposes and for watering livestock. In cases where permanent closing down is
ordered, the board shall either provide some alternative source of water-supply
or award reasonable compensation. In determining such compensation, regard
shall be had to the diminution in the market value, at the time of making the
order of closing down, of the property in respect of which compensation is
claimed and where such market value is not ascertainable, the amount shall be
reckoned at 12 times the amount of diminution of the annual net profits of such
property by the said closing down.
(6) The Collector who will receive the
application shall proceed to enquire into any such claim and to determine the
amount of compensation, if any, which should be given to the claimant and
sections 8 to 11 (both inclusive), 25 to 39 (both inclusive), 50 to 56 (both
inclusive) of the Land Acquisition Act, 1894, as modified by this Act shall
apply to such enquiries.
(7) No claim for compensation for such
permanent closing down of appliances shall be made after the expiry of one year
from the date of the order unless the Collector is satisfied that the claimant
had sufficient cause for not making the claim within such period.
(8) Any owner or occupier of land who puts
up and uses any tube-well or well, worked by electricity, steam, oil or wind
power, without a licence after the publicity of the notice under sub-section
(2) of this section or uses such an appliance in contravention of an order
under sub-section (5) shall be charged a special rate for each separate
occasion on which such use is made. The Board with the sanction of Government
may frame rules to fix the amount of such rate and the manner in which it will
be levied. The amount declared to be due shall be payable on the date so
specified and in default shall be recovered as arrears of land revenue and
credited to the Board fund under the provisions of sub-section (2) of section
40.
CHAPTER V
POWERS AND DUTIES OF THE BOARD
27. Notification
of local area.— (1) Whenever it appears to the Board that measures should be taken in
any area to reclaim any land affected by thur
or sem under the provisions of this Act or that preventive measures are
necessary to stop spreading of thur
or sem or both, or stopping or
mitigating their appearance, it shall move Government to issue a notification
specifying the area to be called local area to which the provisions of Chapters
IV to VI (both inclusive) of this Act will apply.
(2) If in the whole or any part of the area
mentioned in sub-section (1) the Board is of the opinion that the measures
mentioned in section 17 for soil reclamation are necessary and are in view of
the extent of cost beyond the resources of the individual owners or occupiers,
or that the individual owners or occupiers neglect or refuse to carry out the
measures required under section 28 (3) (e) the Government on being moved by the
Board may by notification declare that the whole or any part of that area shall
vest in the Board for the purposes of this Act for a period which shall be
specified in the notification and which may be extended by Government from time
to time by notification. Whenever any such notification is issued all private
rights of whatever kind existing in respect of any land comprising the area
specified in the notification shall be suspended. The Government may lay down
the terms and conditions on which the said area shall vest in the Board.
28. General
powers.—
(1) The Board may subject to such rules as may be framed by Government,
undertake to carry out surveys for schemes including afforestation and area
treatment if considered necessary, execute works, and incur any expenditure for
the improvement, reclamation and lowering of sub-soil watertable in any local
area.
(2) The Board may enter into and perform all
such contracts as it may consider necessary or expedient for carrying out any
of the purposes of this Act.
(3) Without prejudice to the generality of
the powers conferred by the preceding sub-sections, the Board may—
(a) exercise
powers in respect of the measures stated in section 17 of this Act for any
scheme;
(b) grant
land vested in the Board to any person on any condition it thinks fit, and for
this purpose issue a statement or statements of conditions on which the Board
is willing to grant land to tenants:
Provided that no land
which has been vested in the Board for management on behalf of the Government
shall be granted to any person without the statement of conditions having been
approved by the Government;
(c) if
satisfied that a tenant has committed a breach of any condition of the tenancy,
after giving the tenant an opportunity to appear and state his objections
impose on him a penalty not exceeding five hundred rupees or resume the land so
granted:
Provided that if the
breach is capable of being rectified the penalty shall not be imposed nor
resumptions ordered without giving the tenant an opportunity of rectifying it
within 30 days of the receipt by him of the notice to this effect, unless the
Board is of the opinion, for reasons to be recorded that such delay will
frustrate the scheme:
Provided
further that when any land is so resumed the tenant shall be entitled to such
compensation for the standing crops and for improvements made by him during the
tenancy as may be determined by the Board, notwithstanding anything contained
in [42][42][any other law relating to tenancy for the time
being in force in the area];
(d) take
over and reclaim any land on such terms and conditions as may be agreed upon
between the Board and the owner or owners thereof;
(e) direct in respect of any area—
(1) the levelling, terracing and raising
embankments of fields,
(2) the afforestation of such area or part thereof,
(3) the execution of earthworks in fields or
ravines,
(4) for the provision and construction of surface
field drains or sub-surface drains,
(5) the training of streams,
(6) field research,
(7) the permitting by the owners and occupiers of
sitting of tube-wells and boring and use of water therefrom in place of that of
canal,
(8) the execution of such other works and the
sowing of such crops with specific rotation as are necessary in the opinion of
the Board to protect the land from the deteriorating action of salts or water,
sub-soil or otherwise or for the reclamation of such area;
[43][43][(9) integration
of surface and sub-surface irrigation supplies and replacement or partial
replacement of one with the other;]
(f) direct that any work which has been required
to be done by any person under the preceding clause, and which remains undone
shall after due notice to such person and consideration of any objection raised
by him be executed by the Board, and specify the portion in which the risk and
expense of such work shall be borne by such person, or by any other person who
is held by the Board, upon due enquiry after reasonable notice to him to be
responsible for the execution of such work, in whole or in part;
(g) regulate,
restrict or prohibit by general or special order in respect of any area—
(1) the
clearing or breaking up of land for cultivation,
(2) the
quarrying of stone and the burning of lime or charcoal and extraction of salts,
(3) the
admission, grazing, herding, parking and retention of cattle,
(4) the
felling, girdling, lopping, tapping or burning of any tree or timber, and
(5) the
kindling, keeping or carrying of any fire;
(h) direct the growing of a particular kind or type of crops, trees,
bushes or grasses in a particular area;
(i) undertake the breaking of land, planting of trees, construction of
water-courses and do all necessary acts to bring land vested in the Board under
cultivation;
(j) advance money either by way of grant or by way
of loan, or partly in one way and partly in other to any person for the purpose
of furthering any of the objects of this Act on such terms and conditions as to
recovery of interest and subject to such terms and conditions as may be
prescribed by the Government;
(k) make arrangements for the marketing of the produce and manufactures
of the local area;
(l) promote and undertake research on any matter in furtherance of the
objects of this Act;
(m) take over temporarily such other land which
may be required to build offtaking and intaking channels and water-courses for
the reclamation of the local area; but in such a case any disturbance or loss
caused to the cultivation of the owner of such land shall be duly compensated
for by the Board, by levying such special charge on the area benefitted as may
be determined by the Board and the dimensions of the land needed, the position
thereof marked on a plan duly approved by the Board or an officer to whom such
powers are delegated shall be intimated to the owner mentioned in the civil
records or ascertained otherwise as the case may be by sending a written notice
per registered post to his last known address seven days before the work is
started; provided that when the offtaking channel or the intaking water-course
is in the opinion of the Board no more needed for the purpose for which it was
constructed, the land shall be restored to the owner in its previous condition
and all expenses incurred for achieving that condition shall be realised by the
Board from the owner of the area benefitted.
(4) Any general order made under this
section shall be published in such manner as may be prescribed.
29. Power of controlling and letting of
land.— (1) The Board may
with the previous approval of the Government make orders—
(a) providing for the terms and conditions
on which—
(i) land-holders or any class of land-holders in a
local area shall be let land for reclamation; or
(ii) persons who at the commencement of this Act
were in cultivating possession of agricultural land may continue in such
possession to reclaim land; and
(b) specifying
the person or class of persons to whom agricultural land shall be let by
land-holders.
(2) An order made under the provisions of
sub-section (1) shall have effect notwithstanding anything contained in any law
regulating the letting of land for cultivation in force in the locality to
which that order applies, or any notice sent or thing done under such law.
(3) On the written application of the Board,
any Magistrate or Police Officer having jurisdiction in the area shall summarily
eject any person who is in cultivating possession of any agricultural land
contrary to the provisions of an order made under sub-section (1) and shall on
similar application summarily restore possession to any person named in the
application and for doing so may use such force as may be necessary for the
purpose.
(4) In this
section “land-holder” means any person who in accordance with any law or of any
custom having the force of law has the right to let land for cultivation.
30. Facility in the movement of population.— In order to facilitate the movement of the
population in and around a local area, the Board, 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 person undertaking to provide, maintain and
work any means of locomotion; or
(b) either
singly or in combination with any other person or body, construct, maintain and
work any means of locomotion, under the provisions of any law applicable
thereto; or
(c) construct,
widen, strengthen or otherwise improve bridges:
Provided
that no guarantee or subsidy shall be given or made under clause (a) and no
means of locomotion shall be constructed, maintained or worked under clause (b)
without the previous sanction of Government.
31. Surveys or contribution towards their
cost.— The Board may—
(a) cause
a survey of any land to be made when it considers that a survey is necessary or
expedient for the carrying out of any of the purposes of this Act; or
(b) contribute
towards the cost of any such survey made by any other authority.
32. Power of
entry.—
(1) The Chairman or any person acting under the general or special order of the
Chairman may enter upon any land with such men, animals, vehicles, appliances
and instruments as necessary and undertake investigations, surveys or levels
thereon, and dig and bore into the sub-soil, and make and set up suitable land
marks, pillars, levels marks and water gauges, and do all acts required for the
determination of areas and intended lines of works, construct channels and
aqueduct or alter them for securing the flow of water, and do all other acts
which may be necessary in order to carry out all or any of the objects of the
Act:
Provided
that when the affected land does not vest in the Board, powers conferred by
this sub-section shall be exercised in such manner as to cause the least
interference with and the least damage to the rights of the owner therein [44][44][:]
[45][45][Provided further that where a Chairman or
any person acting under his orders proposes to enter into any building or
enclose court or garden attached to dwelling house, he shall previously give to
the occupier of such building, enclosed court or garden such reasonable notice
as the urgency of the case may allow.]
(2) 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:
Provided that the compensation shall be paid for the
damage caused in such manner as the Board may prescribe by bye-laws and in case
of dispute as to its adequacy, the matter shall be referred to the Tribunal.
CHAPTER
VI
ACQUISITION, ABANDONMENT OF ACQUISITION OF
LAND AND LEVY OF RECLAMATION FEE
33. Modification
of Act I of 1894.— For the purpose of compulsory acquisition of land by the Board, the
Land Acquisition Act I of 1894 shall be deemed to have been modified as
indicated in the schedule to this Act.
34. Acquisition of land in urgent cases.— (1) The Government may by notification in
the official Gazette declare any locality comprised in a local area to be
acquired immediately for the purposes of reclamation or any other purpose
connected therewith, and direct the Board to undertake in respect of such
locality all or any such matters as may be included in a scheme under section
17.
(2) After a notification has been issued
under sub-section (1) in respect of any locality, the Board may apply to the
Collector who after giving such reasonable notice to the owners and occupiers
as may be prescribed, shall deliver possession of any land in such locality to
the Board and the land shall thereupon, notwithstanding anything contained in
the Land Acquisition Act I of 1894, vest absolutely in the Board free from all
encumbrances subject only to payment of compensation under the Land Acquisition
Act, 1894, as modified in the schedule referred to in section 33 of this Act.
(3) The Board shall in respect of any such
locality do all such acts as it may be required to do by the notification and
shall proceed to frame a scheme under section 17 as soon as may be possible.
35. Tribunals.— (1) For the purpose of performing the
functions of the Court in reference to the acquisition of land for the Board
under the Land Acquisition Act I of 1894 as modified by this Act, the
Government may by notification, constitute one or more Tribunals, and may
define the local limit of their jurisdictions.
(2) The Tribunal shall consist of three
members namely a President and two Assessors chosen by the Government.
(3) The President of the Tribunal shall be a
person qualified to be a Judge of the High Court.
(4) The term
of office of the President and Assessors of the Tribunal shall be three years
and they shall be eligible for reappointment.
(5) The
Tribunal shall be deemed to be the Court and the President shall be deemed to
be the Judge for the purpose of compulsory acquisition under the Land
Acquisition Act I of 1894, as modified by this Act.
(6) The President of the Tribunal, shall
have the powers of a
(7) The Government may, at its discretion,
remove any member of the Tribunal and appoint any other person in his place.
(8) The Government may, by notification,
frame rules providing for—
(a) the
emoluments or allowances to be paid to the President and the Assessors of the
Tribunal and other conditions of their service;
(b) the
employment by the President of such ministerial staff as is necessary to carry
out the work of the Tribunal, and the fixation of scales of pay of such staff;
(c) the grant of leave, promotion, or taking of
disciplinary actions by the President in respect of the ministerial staff; and
(d) generally
for the conduct of business before the Tribunal.
(9) For the purpose of the award to be made
by the Tribunal under the Land Acquisition Act I of 1894, the following rules
shall apply, that is to say—
(a) if there is disagreement between the members
of the Tribunal regarding measurement of land, or the amount of compensation or costs, the opinion of
majority shall prevail;
(b) the
decision on questions of law and procedure shall rest solely with the
President; and it shall also be for him to decide whether a matter is a
question of law or not;
(c) the President shall not be bound to consult
the Assessors relating to the determination of persons to whom compensation is
to be paid, or apportionment thereof, and may in his discretion dispose of such
question singly and in that case his decision shall be deemed to be a decision
of the Tribunal.
(10) An award of the Tribunal shall be enforced by the Court of Senior
Civil Judge of the district in which the land under acquisition is situated as if
it were the decree of that Court.
36. Appeals.— (1) An appeal shall lie to the High Court
against the decision of the Tribunal which shall for that purpose be deemed to
be a Civil Court Subordinate to the High Court, and the provisions of the Code
of Civil Procedure, 1908, in respect of first appeals shall in so far as these
may be applicable apply to such appeals.
(2) Every order passed by the High Court on
appeal under this section, shall be enforced by the Court of the Senior civil
Judge within the limits of whose jurisdiction the award or order appealed
against was made, as if it were a decree of that Court.
(3) An appeal under this section shall be
deemed to be an appeal under the Code of Civil Procedure, V of 1908, within the
meaning of Article 156 of the First Schedule to the Limitation Act, IX of 1908.
37. Abandonment of acquisition.— (1) An owner of land comprised in any scheme
sanctioned by the Government, or any other person having an interest therein,
may apply to the Board that the acquisition of the land which is not required
for the execution of the schemes be abandoned. The Board may admit for
consideration such application if it is made at any time before the Collector
has made an award under section 11 of the Land Acquisition Act, I of 1894. If
the application is admitted the Board shall intimate this fact to the Collector
who shall thereupon stay further proceedings connected with the acquisition of
land in respect of which the application is admitted and the same shall not be
reopened until so desired by the Board.
(2) The Board may, in its discretion allow
such application on payment of prescribed fee and subject to such terms and
conditions as it may impose in this behalf.
(3) If any application under sub-section (1)
is rejected by the Board or though the application is allowed, the fee
mentioned in sub-section (2) is not paid or the conditions are not fulfilled by
the person concerned within the prescribed period, the Board shall intimate the
fact to the Collector, who shall take up the proceedings for the acquisition of
the land from the stage at which they had been stayed.
38. Reclamation
fee.—
(1) When by the execution of any scheme, the value of the land included therein
is expected to be increased the Board may at any time after the sanction of the
scheme under section 21 proceed to levy and recover reclamation fee in respect
of such land in accordance with the rules framed by Government under
sub-section (4).
(2) When by the execution of any scheme
under this Act increase has actually taken place in the value of any land in
the area comprised therein or the expenditure actually incurred on the
execution of the scheme is in the opinion of the Board more than the increase
or expenditure anticipated at the time of assessing the reclamation fee
recovered under sub-section (1), the Board may, before restoring the land, levy
and recover in respect of the land such further amount of reclamation fee as it
may consider suitable.
(3) In fixing the amount of reclamation fee
to be charged in respect of any land or class of land, the Board shall also
take into consideration the actual expenditure incurred or to be incurred on
the execution of the scheme and the degree to which the land or any part of the
land has or will be benefited thereby.
(4) The Government may frame rules providing
for—
(a) the
manner in which the demand for the reclamation fee shall be assessed and
distributed on the land comprised in the scheme and the person or persons by
whom the fee shall be payable;
(b) the
acceptance by the Board of a satisfactory and sufficient security in lieu of
immediate payment of reclamation fee by an owner of land or any person
interested therein;
(c) the
mode by which the reclamation fee shall be realised and the number of
installments to be allowed in this connection and the interest chargeable on
balances outstanding from time to time; and
(d) the
mode of preferring appeal from assessment by the Board and the authority to
which the appeal shall lie.
39. Fresh
acquisition.— If any land in respect of which any reclamation fee has been charged
under the provisions of section 37 or 38 be subsequently required for any of
the purposes of this Act, the payment of fee or any other act done under the
rules framed under section 38(4) shall not be deemed to prevent the acquisition
of the land in pursuance of a fresh declaration under section 6 of the Land
Acquisition Act I of 1894.
CHAPTER
VII
FINANCE
40. Board Fund.— (1) There shall be a fund to be known as
“Board Fund” vested in the Board which shall be utilised by the Board to meet
charges in connection with its functions under this Act including the salaries
and other remuneration of the staff of the Board and the Tribunal and any
officers and servants duly appointed under the Act.
(2) All sums received by the Board shall be
credited to the Board Fund.
41. Board to levy taxes.— (1) The Board may, with the previous
sanction of the Government, levy on any local area or part thereof a tax to be
known as “Land Improvement Tax” to implement various measures of reclamation:
Provided
that the Board may exempt any person or class of persons from the payment of
whole or part of any such tax due from him or them on such conditions as it may
impose.
42. Grants-in-aid.— (1) The Government may allow any grant-in-aid
to the Board for carrying out its duties under the Act.
(2) Any local body may, and when so required
by the Government shall, grant such amount of money to the Board as may be
specified in the requisition.
43. Borrowing of money.— The Board shall be deemed to be a local
authority for the purpose of borrowing money under the Local Authorities Loans
Act, IX of 1914, and the making and execution of any scheme under this Act
shall be deemed to be a work which such Board is legally authorised to carry out.
44. Custody and investment of Board funds.— (1) In any place in [46][46][West Pakistan] 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 Board 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 sums so kept as the Government may in each case deem
sufficient.
(3) Nothing in the foregoing provision of
this section shall be deemed to preclude the Board from investing any such
moneys as are not required for immediate expenditure in any of the securities
described in section 20 of the Trusts Act, II of 1882 or placing them in fixed
deposit with a bank approved by the Government.
45. Procedure on failure of the Board to
repay loans.— If any money
borrowed under section 43 or any interest or costs due in respect thereof is or
are not repaid according to the conditions of the loans the Government may
itself make such payment and may attach the rents and other income of the
Board: and thereupon the provisions of section 5 of the local Authorities Loans
Act, IX of 1914 shall, with all necessary modifications, be deemed to apply.
46. Recouping of payments made by
Government.— The Government
may further impose or increase a tax on the annual value of buildings or lands
situated within the local area and enhance the rate of land revenue and
occupiers’ rates within the local area to such extent as may be necessary for
the purpose of recouping a payment made by Government under section 45.
47. Payment by Government to be a charge on
the property of the Board.—
All moneys paid by the Government under section 45 shall constitute a charge
upon the property of the Board.
CHAPTER VIII
RULES AND BYE-LAWS
48. Power of
Government to make rules.— (1) In addition to the power conferred by any other
provision of this Act the government may by notification in the official
Gazette make rules consistent with this Act:-
(i) as to the authority on which money may be paid
from the Board Fund;
(ii) for fixing the fees payable for copies of, or
extracts from, the record furnished by the chairman;
(iii) as to the employment, terms of service,
suspension and removal of officers and servants of the Board and the conduct of
such officers and servants;
(iv) as to the intermediate office or offices, if
any, through which correspondence between the Board and the Government or
servants of the Government shall pass;
(v) as to the accounts to be kept by the Board,
the manner in which such accounts shall be audited and published, and the
powers of auditors in respect of the 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 Board;
[47][47][(vii) as to the preparation of
annual estimates of income and expenditure of the Board;]
(viii) as to the returns, statements and reports to
be submitted by the Board;
(ix) to prescribe and define the mutual relations,
to be observed between the Board, other departments and local authorities in
any matter in which they are jointly interested;
(x) for regulating the grant of leave of absence,
leave allowance and acting allowance to the officers and servants of the Board;
(xi) for establishing and maintaining a provident
or annuity fund for compelling all or any of the officers in the service of the
Board or of the Tribunal (other than any servant of Government in respect of
whom a contribution is paid under section 69) 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 Board:
Provided that a
Government servant, employed as an officer or servant of the Tribunal as also
those who are on deputation to the Board shall not be entitled to leave or
leave allowance otherwise than as may be prescribed by the conditions of his
service under the Government.
(xii) for determining the conditions under which the
officers and servants of Board 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 and providing that it shall be at
the discretion of the Board 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 the Board and
officers in all matters connected with the carrying out of the provisions of this
Act;
(xiv) for regulating the grant of subsidies to the
Board by the Government, the conditions under which they may be earned or
forfeited and the arrangements for their repayments;
(xv) as to the methods, details and programs for
reclamation of land under different circumstances.
(2) All acts authorised or enjoined under
this Act shall be held to be authorised or enjoined subject to such rules.
49. Power of the Board to make bye-laws.— The Board may from time to time with the
previous sanction of the Government and shall, if required by the Government,
make bye-laws consistent with this Act and with any rules made under this Act
by the Government—
(i) for fixing the amount of security to be
furnished by any officer or servant of the Board under the provisions of this
Act;
(ii) for associating persons with the Board under
sub-section (1) of section 7;
(iii) for regulating the delegation of powers or
duties of the Board to committees or to the Chairman;
(iv) for guidance of persons employed by it under
this Act;
(v) for the management, use and regulation of
dwellings constructed under any scheme under this Act; and
(vi) generally for discharging the functions of the
Board under this Act.
50. Printing and sale of copies of rules and
bye-laws.— (1) The chairman
shall cause the rules and bye-laws made under sections 48 and 49 respectively
to be printed and shall cause printed copies thereof to be delivered to any
applicant on payment of such fees as he may fix.
(2) Notice of
the fact of copies of rules and bye-laws 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 one or more newspapers selected by
him for the purpose.
51. Power of Government to cancel bye-laws
made under section 49.— The
government may, after previous publication of its intention, cancel any
bye-laws made by the Board which it has sanctioned, and thereupon the bye-laws
shall cease to have effect.
CHAPTER IX
PROCEDURE AND PENALTIES
52. Signature
on notice, summons, order, requisition, proclamation or bill.— Every notice, summons,
order, requisition, proclamation or bill issued by the Board under this Act
shall be signed by the Chairman, or by any other member or any officer or servant
of the Board specially or generally authorised by the Board, or so authorised
by the Chairman under sub-section (1) of section 13, and every such notice,
summons, order, requisition, proclamation or bill shall be deemed to be
properly signed, if it bears the facsimile of the signature of the chairman or
such member, officer or servant stamped or printed thereon.
53. Method of giving public notice.— Subject to provisions of this Act, every
public notice required to be given under this Act shall be deemed to have been
duly given if it is published in some newspapers and pasted upon a notice board
to be exhibited for public information at the building in which the meetings of
the Board are ordinarily held.
54. Service of notice.— (1) Every notice, other than a public
notice, summons, order, requisition, proclamation and bill, issued under this
Act shall, unless it is under this Act otherwise expressly provided, be served,
delivered or presented—
(a) personally
or by 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, summons, order, requisition or bill at his last known place
of abode, 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 building or land to which it relates.
(2) When
notice, summons, order or requisition is required or permitted under this Act
to be served upon an owner, occupier or tenant, as the case may be, of a
building or land, it shall not be necessary to name the owner, occupier or
tenant therein, and the service thereof in cases not otherwise specially
provided for in this Act shall be effected—
(a) personally,
or by sending it by registered post to the owner, occupier or tenant, or if
there be more owners, occupiers, or tenants, then to any one of them; or
(b) if
such owner, occupier or tenant 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, summons, order or requisition to be affixed
on some conspicuous part of the building in which the person on which the
notice is to be served resides; or
(c) in
the case of a proclamation, in addition to any other mode of proclamation which
may be prescribed by this Act, by beat of drum or other customary method and by
the pasting of a copy thereof on any conspicuous place in or near the property
to which it relates.
(3) Whenever the person on whom a notice,
summons, order, requisition or bill is to be served is a minor, service upon
his guardian shall be deemed to be service upon the minor.
55. Penalty
for disobedience.— Where under this Act or under a notice, summons, order or requisition
issued thereunder the public or any person is required to do or to refrain from
doing anything, a person who fails to comply with the requirements shall, if
such failure is not an offence punishable under any other section of this Act
or any other law for the time being in force, be liable on conviction by a
Magistrate of the 1st Class 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 fifty 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 where the notice, summons, order or requisition fixes without authority
from this Act a time within which a certain act is to be done, it shall rest
with the Magistrate to determine whether the time so fixed was reasonable time
so as to justify conviction.
56. Powers of
the Board to execute works on failure to comply with notice, summons, order or
requisition.— If a notice, summons, order or requisition has been addressed by the
Board under this Act to a person requiring him to execute a work in respect of
any property, movable or immovable, public or private, or do or refrain from
doing anything within a time specified in the notice, summons, order or
requisition, and if such person fails to comply with it then the Board may
cause such work to be executed or such things to be provided or done, and may
recover all expenses incurred by it on such account from the said person.
57. Liability
of occupier to pay in default of owner.— (1) If the person to whom the notice, summons,
order or requisition mentioned in section 56 has been addressed is the owner or
the property in respect of which it is given, the Board may whether any action
or other proceedings have been brought or taken against such owner or not,
require the person, if any, who is the occupier or tenant of such property or a
part thereof under such owner, to pay to the board instead of paying 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 56; and any such payment
made by the occupier or tenant to the Board shall 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 Board may require an occupier
or tenant 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 or tenant refuses to furnish such
information he shall be liable for the expenses referred to in section 56 as if
he was the owner.
58. Right of occupier to execute works in
default of owner.—
Notwithstanding any provisions of any other law 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 or tenant of such building or land may,
with the approval of and shall if so directed by the Board, cause such work to
be executed and the expense thereof shall be paid by the owner, or the amount
may be deducted out of the rent from time to time becoming due from him to such
owner.
59. 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, summons, order or requisition issued under
this Act, the occupier or tenant refuses to allow such owner to take such
action the owner may intimate the fact to a Magistrate, having jurisdiction in
the area.
(2) The Magistrate, upon proof of such
refusal may by order in writing require the occupier or tenant to give the
owner reasonable facility for executing such work with respect to such building
or land, as may be necessary for compliance with the notice, order or
requisition and may also, if he deems fit, order the occupier or tenant to pay
to the owner the costs incurred by the source to bring the matter before the
Magistrate and to obtain his order.
(3) If, after
the expiry of the period which the Magistrate may fix by taking into
consideration the nature and urgency of the work to be executed, the occupier
or tenant continues to refuse to allow the owner to execute such work, the
occupier or tenant shall be liable upon conviction to a fine which may extend
to fifty rupees per day and to eviction from the property. The warrant for
eviction shall be addressed by the Magistrate to the officer incharge of the police
station concerned, and shall be complied with without any delay.
(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.
60. Recovery of cost of execution by the
occupier from owner.—
Notwithstanding any provisions of any other law when the occupier or tenant of
a building or land has, in compliance with a notice, order or requisition
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 be entitled to recover from the owner by deduction from the rent
payable by him or otherwise the reasonable cost of such work.
61. 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 owners sufficient for the
purpose.
(2) When an agent or trustee has claimed and
established his right to relief under this section the Board may give him
notice to apply to the discharge of such obligation as aforesaid the moneys
which come to his hands on behalf or for the use of the owner, and should he
fail to comply with such notice, he shall be deemed to be personally liable to
discharge such obligation.
62. Penalty for removing machinery, etc.— If any person, without lawful authority—
(a) removes
any machinery, pipes, survey or other marks, gauges, fence or any timber used
by the Board for propping or supporting any building, 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 Board for the purpose of
carrying out any work; or
(b) infringes any order given, or removes any bar,
chain or post fixed by the Board for the purpose of closing any street to
traffic,
he shall be punishable with fine which may
extend to fifty rupees.
63. Penalty for obstructing land reclamation
operations or a contractor or removing mark.— If any person—
(a) damages,
alters, obstructs or interferes with any soil reclamation operation so as to
endanger, or damage them or to render them less useful, or
(b) obstructs,
or molests any person in the performance or execution of contract which the
Board has entered into with him under this Act; or
(c) removes any mark set up for the purpose of
indicating any level or direction necessary to the execution of works
authorised 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.
64. Power of
Board in case of squatters and trespassers and persons in the unauthorised
possession of land.— When the Chairman is satisfied that any person has taken
or is in possession of land comprised in any scheme, or any other land owned by
or vested in the Board and to which such person has no right or title, or when a
tenant refuses to surrender the land which has been resumed by the Board in
consequence of a breach of the conditions on which it was held by such person
the Chairman or any person authorised by him may in addition to any other
powers he may possess, forthwith, with the use of such force as may be
necessary, re-enter upon the land and resume its possession and also take
possession of all crops, trees and buildings thereon on behalf of the Board
without payment of any compensation whatsoever.
[48][48][65. Penalty for unauthorised
cultivation, etc.— (1) If
any person without the permission of the Chairman of the Board—
(a) clears or breaks up for cultivation or
cultivates any land which is owned by or vests in or is in the possession of
the Board and is not included in any tenancy or allocated residential
enclosure, or which has been set apart for the common purposes of a town or a
village community or section of the same or for a road, canal or water-course,
the Chairman may confiscate the crops growing on any land cultivated in
contravention thereof or if the crops have been cut, recover such sum as he may
assess as the value of such crop from the offender; or
(b) fells
or otherwise destroys standing trees on such land the Chairman may recover such
sum as he may assess as the value of the trees felled or destroyed; or
(c) erects
any building on such land or otherwise encroaches on or makes an excavation or
construction of water channel on such land, the Chairman may cause the building
or other encroachment to be demolished or removed or the excavation or the
channel to be filled up and levy the cost of so doing from the offender.
(2) No order shall be passed under
sub-section (1) without giving the person affected an opportunity of being
heard and showing cause against the proposed order.]
66. [Additional remedy against offences.]
Omitted by
CHAPTER X
SUPPLEMENTAL PROVISIONS
67. Members, etc., deemed public servants.— Every member and every officer and servant
of the Board, 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
Pakistan Penal Code, and shall as far as practicable be subject to the same
rules of conduct and be entitled to the same privileges and protection as are
laid down from time to time for other officers of the Government.
68. Contribution by the Board towards leave,
allowances and pensions of Government servants.— The Board shall be liable to pay such
contributions for the leave, allowances and pension of any Government servant
employed as Chairman or as an officer or servant of the Board, or as a member
or officer or servant of the Tribunal as may be required by the conditions of
his service under the Government, to be paid to him or on his behalf.
69. Authority for prosecution.— No court shall take cognizance of any
offence punishable under this Act, except on the complaint of the Chairman or
some person authorised by the Board or by the Chairman by general or special
order in this behalf.
70. Recovery of dues.— The Chairman or any person generally or
specially authorised by him may apply to the Collector for the recovery of any
sum due under this Act or under an agreement made under this Act and the
Collector shall thereupon proceed to recover the sum due as if it were an
arrear of land revenue.
71. Powers of Chairman as to institution,
etc., of legal proceedings and obtaining legal advice.— The Chairman may, subject to the control of
the Board—
(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 necessary or expedient to obtain, or as he may be
desired by the Board to obtain for any of the purposes referred to in the
foregoing clauses of this section, or for securing the lawful exercise or
discharge of any power or duty vested in or imposed upon the Board or any
officer or servant of the Board.
72. Indemnity
of acts under the Act.— No criminal proceedings of any kind shall be
maintainable against the Board or any member, officer or servant thereof, or
any other person in respect of anything done or purported to be done lawfully
and in good faith and with due care and attention in exercise of powers under
this Act or rules or bye-laws framed thereunder or under the direction issued
in the exercise of such powers.
73. Notice of
suit against the Board, etc.— (1) No suit shall be instituted against the Board or any
member, or any person associated with the Board under section 7 or any member
of a committee appointed under section 8 or any officer or servant of the Board
or of the Chairman or of any officer or servant of the Board, in respect of any
act purported to be done within the scope of the functions under this Act,
until the expiration of two months next from the date on which a notice in
writing has been, in the case of the Board, 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 in case the suit is filed, the plaint shall
contain a statement that such notice has been so delivered or left.
(2) If the Board or other person referred to
in sub-section (1) shall before the action is commenced have tendered in the
opinion of the court 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 from the date of the cause of action
or the knowledge of the plaintiff, whichever is later:
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 giving of the notice or the postponement of the institution of the suit or proceeding.
74. Mode of proof of the records.— A copy of any receipt, application, plan,
notice, order, entry in a register or other document in the possession of the
Board, shall if duly certified by the legal keeper thereof, or other person
authorized by the Board 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.
75. Restriction on the summoning of the
servants of the Board to produce documents.— No member or officer or servant of the Board shall in any legal
proceedings to which the Board 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 for special cause.
76. Validation
of acts and proceedings.— (1) No act done or proceedings 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 Board or
of any Committee; or
(b) any
person having ceased to be a member; or
(c) the
failure to serve a notice on any person where no substantial injustice has
resulted from such failure; or
(d) any
omission, defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Board, the minutes
of the proceeding of which have been duly signed as prescribed in clause (e) of
sub-section (1) of section 6 shall be taken to have been duly convened and to
be free from all defects and irregularities.
77. General power of the Board to pay
compensation.— In any case
not otherwise expressly provided for in this Act, the Board 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 Board or the Chairman or any officer
or servant of the Board.
78. Compensation for damage to Board’s
property.— (1) If on account
of any act or omission, any person has been convicted of any offence under this
Act, and by reason of such act or omission damage has occurred to any property
of the Board, compensation shall be paid by the said person for the said damage
notwithstanding any punishment to which he may have been sentenced for the said
offence.
(2) In the event of dispute, the amount of
compensation payable by the said person shall be determined by the court before
whom he was convicted of the said offence.
(3) If the amount of any compensation due
under this section be not paid, the same shall be recovered under a warrant
from the said court, as if it were fine imposed by it on the person liable
therefor.
79. Ultimate dissolution of the Board and
transfer of its assets and liabilities to an Administrator.— (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 Board, in the opinion of the Government, unnecessary, or when
in the opinion of the Government it is expedient that the Board shall cease to
exist, the Government may by notification declare that the Board shall stand
dissolved from such date as may be specified in this behalf in such
notification, and the Board shall be deemed to be dissolved accordingly.
(2) From such date—
(a) all properties, funds and dues which are
vested in or realizable by the Board and the Chairman respectively shall vest
in and be realizable by an Administrator appointed by the Government in this
behalf;
(b) all liabilities which are enforceable against
the Board shall be enforceable only against the Administrator;
[49][49][(c) for the
purpose of preparing or executing new schemes or for the purpose of completing
the execution of any scheme already sanctioned under this Act but not fully
executed by the Board or for levying or recovering reclamation fee or for
raising properties, funds and dues referred to in clause (a), the Administrator
shall perform all the functions and exercise all the powers of the Board under
the Act;]
(d) the Administrator shall keep separate accounts
of all moneys respectively received and expended by him under this Act, until
all loans raised hereunder have been repaid, and until all other liabilities
referred in clause (b) have been duly met.
[50][50][(3) Government
may, at any time remove the Administrator and reconstitute the Board and
thereupon—
(a) all properties, funds and dues vested in or
realizable by the Administrator shall vest in and be realizable by the Board;
(b) all liabilities enforceable against the Administrator shall be
enforceable only against the Board;
(c) all actions taken by the Administrator shall be deemed to have been
taken by the Board.]
SCHEDULE
(Referred
to in Section 33)
MODIFICATIONS IN THE LAND ACQUISITION ACT I
OF 1894 HEREIN AFTER CALLED “THE SAID ACT”
1. Amendment of section 3.— In section 3 of the said Act—
(i) clause (f) shall be deemed to have been modified so as to read as
follows:-
“(f) the
expression “public purpose” includes—
(1) the provision of village sites in districts in which the Provincial
Government shall have declared by notification in the official Gazette that it
is customary for the Government to make such provision;
(2) soil reclamation carried out under the Punjab Soil Reclamation Act,
1952:”
(ii) the full-stop at the end of clause (g) shall be replaced by a colon
and the following clauses shall be deemed to have been added after clause (g):-
“(h) “board” means the [51][51][
(i) “net income” shall mean the income from the
land after deducting therefrom the ordinary expenses of cultivation, land
revenue, rates and cesses; and
(j) “rates and cesses” have the same meaning as
given in section 3(9) of the [53][53]Land Revenue Act, 1887[54][54]”.
2. Notification
under section 4 and declaration under section 6 to be replaced by notification
under sections 18 and 22 of this Act.— (1) The first publication of a notice of a
reclamation scheme under section 18 of the Punjab Soil Reclamation Act, 1952,
shall be substituted for and have the same effect as publication in the Gazette
and in the locality, of a notification under sub-section (1) of section 4 of
the said Act, except where a notification under section 4 or a declaration
under section 6 of the said Act has previously been made and is still in force.
(2) Proceedings under section 19 and
sub-section (1) of section 20 of the Punjab Soil Reclamation Act, 1952, shall
substitute for and have the same effect as proceedings under section 5-A of the
said Act.
(3) Subject to the provisions of paragraphs
10 and 11 of the Schedule, the publication of a notification under section 22
of the Punjab Soil Reclamation Act, 1952 shall substitute for and have the same
effect as a declaration by the 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.— In section 11 of the said Act the conjunction “and” between clauses
(ii) and (iii) shall be deleted, the fullstop at the end of clause (iii) shall
be replaced by a semi-colon followed by the conjunction “and”, and the
following clause shall be deemed to have been added thereafter, namely “(iv)
the costs which in his opinion should be allowed to any person who is found to
be entitled to compensation, as having been actually and reasonably incurred by
such person in preparing his claim and putting his case before the Collector”.
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. New section 16-A.— After section 16 of the said Act the
following section shall be deemed to have been inserted, namely:-
“16-A. Transfer
of land to Board.— In every case referred to in section 16 the
Collector shall upon payment or tender of compensation for acquisition, make
over charge of the land to the Board and the land shall thereupon vest in the
Board”.
6. Amendment of section 17.— For section 17 of the said Act, the
following shall be deemed to have been substituted:-
“17. (1) In cases where the Board considers it
expedient to take possession of any land at any time before an award under
section 11 has been made, it shall notify this fact in writing to the Collector
intimating in addition the date by which the land is required by it. The
Collector shall after causing a notice to this effect to be served on the
person or persons interested in the land take possession of the land and
transfer it to the Board in whom it shall vest absolutely free from all
encumbrances subject to its liability to pay any amount which may be incurred
on account of acquisition.
(2) The
Collector shall at the time of taking possession of land offer to the persons
interested compensation for the standing crops and trees (if any) on such land
and for any other damage sustained by them on account of
dispossession and not excepted in section 24 or 24-A; and, in case such offer
is not accepted, the value of such crops or trees and the amount of such other
damage shall be allowed for while awarding compensation for the land under the
provisions herein contained”.
7. Amendment
of section 18.— The following shall be deemed to have been substituted for sub-section
(1) of section 18 of the said Act, namely:-
“Any person interested who has not
accepted the award of the Board may by written application to the Collector,
require that the matter be referred by the collector, for determination of the
court, whether his or its objection be to the measurement of the land, the
amount of compensation, the persons to whom it is payable or the apportionment
of the compensation among the persons interested or the amount of costs
allowed”.
8. Amendment of section 19.— In clause (c) of section 19 of the said Act,
after the words “amount of compensation” the words and brackets “and of costs
(if any)”, shall be deemed to have been inserted.
9. Amendment of section 20.— (1) In clause (c) of section 20 of the said
Act, after the words “amount of the compensation” the words “or costs”, shall
be deemed to have been inserted.
(2) Between the word “Collector” and the
full-stop at the end of section 20 of the said Act, the words “and the Board”,
shall be deemed to have been added.
(3) The existing section 20 of the said Act
shall be numbered as sub-section (1) of section 20, and the following
sub-sections shall be deemed to have been added:-
“(2) The Board or any person to whom a notice is
issued under clause (b) or (c) of sub-section (1) may support the award and may
also take any cross objection which could have been taken by making an
application for reference provided such objection is filed within one month
from the date of service of the notice under this section or within such
further time as the Tribunal may see fit to allow.
(3) The provisions of the Code of Civil
Procedure, 1908, relating to cross objection filed under that code shall, so
far as may be, apply to the cross objections filed under this section”.
10. Amendment of section 23.— (1) In sub-section (1) of section 23 of the
said Act, the word, figures and brackets “the date of the publication of the
notification under section 4, sub-section (1)” occurring in clause first and
the words and figure “the time of the publication of the declaration under
section 6” occurring in clause sixth, shall be deemed to have been replaced by
the words “such date as Government may declare.”
(2) For the existing sub-section (2) of
section 23 of the said Act, the following shall be deemed to have been
substituted namely:-
“(2) For the purposes of clause “First” of
sub-section (1) of this section the market value of the land shall be
determined on the basis of the average net income of that land for the five
years preceding the date declared by Government under sub-section (1) of this
section:
Provided that if that
land or any portion of it has not been cultivated, the net income of such land
or portion in that year shall be taken to be four times the land revenue
assessed thereon, or, if no land revenue has been so assessed, three times the
lowest rate of land revenue assessed on neighbouring land:
Provided further that in
respect of land which is situated in a town or village abadi or land which is attached to a house, manufactory, or other
building and is reasonably required for the enjoyment and use of the house,
manufactory or building, the market value shall be the market value according
to the use to which the land was being put on the date declared by Government
under sub-section (1) of this section.”
11. Amendment
of section 24.— For clause seventh of section 24 of the said Act, the following shall
be deemed to have been 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 it is proved
that these were necessary to keep the land in a fit state to command the
profits accruing on the said date and were made in good faith and not in
contemplation of proceedings for compulsory acquisition”.
12. New section 24-A.— After section 24 of the said Act, the
following section shall be deemed to have been inserted, namely:-
“24-A. In
determining the amount of compensation to be awarded for any land acquired for
the Board under the Punjab Soil Reclamation Act, 1952, the court shall also
have regard to the following provisions, namely:-
(1) 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.
(2) If in the opinion of the court any building is
in a defective state from a sanitary point of view or is not in a reasonably
good state of repairs, the amount of compensation for such building shall not
exceed the sum which the court considers the building would be worth if it were
put into a sanitary condition or into a reasonably good state of repairs as the
case may be, less the estimated cost of putting it into such condition or
state.
(3) If, in the opinion of the court 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
less the cost of demolishing the building”.
13. Amendment of section 25.— In section 25 of the said Act—
(i) in sub-section (1) the words and figures “or
be less than the amount awarded by the Collector under section 11”, shall be
deemed to have been deleted, and
(ii) the following shall be deemed to have been
added as sub-section (4):-
“(4) The court shall be competent to award an
amount less than that awarded by the Collector, if, after consideration of any
reference or cross objection, it is of the opinion that the amount awarded by
the Collector is excessive”.
14. 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 brackets “and costs (if any)”
shall be deemed to have been inserted.
15. New section 48-A.— After section 48 of the said Act, the
following section shall be deemed to have been inserted, namely:-
“48-A. (1) If
within a period of two years from the date of the publication of the
notification under section 22 of the Punjab Soil Reclamation Act, 1952, 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 the Act shall
apply, so far as may be, to the determination of the compensation payable under
this section”.
16. Amendment of section 49.— After sub-section (1) of section 49 of the
said Act, the following sub-section shall be deemed to have been inserted,
namely:-
“(1-A) For
the purpose of sub-section (1) 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.”
17. Amendment of section 50.— In sub-section (2) of section 50 of the said
Act, the words, “or the [55][55][Punjab Land and Water Development Board]
shall be deemed to have been inserted between the words “concerned” and “may”
and the proviso to the sub-section shall be deemed to have been deleted.
18. Deletion
of Section 54.— Section 54 of the said Act shall be deemed to have been
deleted.
[1][1]This Act was passed by the Punjab Assembly on 10th May, 1952;
assented to by the Governor of the Punjab
on 20th June, 1952; and, published in the Punjab
Gazette (Extraordinary), dated
:14th July, 1952, pages 299-350.
[2][2]Substituted, for the words
“and for preventing further damage”, by the Punjab Soil Reclamation West
Pakistan (Amendment) Ordinance, 1964 (V of 1964).
[3][3]Ibid.
[4][4]The word “
[5][5]The
words “West Pakistan except the Tribal Areas” were substituted, for the word
“Punjab” by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964). The words “
[6][6]Substituted, ibid., for the
words “West Pakistan Land and Water Development Board”, which were substituted
for “Punjab Soil Reclamation Board” by the Punjab Soil Reclamation West
Pakistan (Amendment) Ordinance, 1964 (V of 1964).
[7][7]Substituted by the Punjab
Soil Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), for the
original clauses (ii) and (iii).
[8][8]VIII of 1873.
[9][9]
[10][10]VIII of 1873.
[11][11]
[12][12]Substituted, for the words “
[13][13]The word “
[14][14]Substituted, for “Government
of [West Pakistan]”, by the
[15][15]I of 1894.
[16][16]Deleted by the Punjab Soil
Reclamation
[17][17]X of 1914.
[18][18]Inserted by the Punjab Soil
Reclamation
[19][19]Substituted ibid.
[20][20]The words “appointed under
section 4 of this Act”, omitted ibid. section
6(g).
[21][21]Substituted by the Punjab
Soil Reclamation
[22][22]XVI of 1927.
[23][23]Substituted for original
Sections 4 and 5, by the Punjab Soil Reclamation West Pakistan (Amendment)
Ordinance, 1964 (V of 1964), section 7.
[24][24]Now “
[25][25]Substituted, for “West
Pakistan”, by the
[26][26]Ibid.
[27][27]Ibid.
[28][28]Substituted, for the words “a
month”, by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 8.
[29][29]Substituted, for the words
“prescribed”, by the Punjab Soil Reclamation West Pakistan (Amendment) Ordinance,
1964 (V of 1964), section 9.
[30][30]Substituted by the Punjab
Soil Reclamation
[31][31]Ibid.
[32][32]Ibid.
[33][33]Inserted by the Punjab Soil
Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section
12(a).
[34][34]Substituted ibid., for the words “providing for all”
section 12(b).
[35][35]VIII of 1873.
[36][36]Substituted by the Soil
Reclamation (
[37][37]The words “in respect of
which it is proposed to charge a reclamation fee”, deleted by the Soil
Reclamation (Punjab Amendment) Ordinance, 1970 (VI of 1970).
[38][38]The words “or recover a
reclamation fee in respect of such property”, deleted ibid.
[39][39]The words “or recovery of
reclamation fee” deleted ibid.
[40][40]The words “or the proposed
recovery of reclamation fee” deleted by the Soil Reclamation (Punjab Amendment)
Ordinance, 1970 (VI of 1970).
[41][41]Substituted, by the Punjab
Soil Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section
14.
[42][42]Substituted, for the words
“the Punjab Tenancy Act, 1887”, by the Punjab Soil Reclamation West Pakistan
(Amendment) Ordinance, 1964 (V of 1964), section 15 (a).
[43][43]Inserted by the Punjab Soil
Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section 15
(b).
[44][44]The full stop was substituted
by colon and a new proviso added by the West Pakistan Laws (Amendment)
Ordinance, 1965 (XXXIV of 1965), section 3, Schedule II.
[45][45]Ibid.
[46][46]Substituted, for the words
“the
[47][47]Substituted by the Punjab
Soil Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section
17.
[48][48]Substituted by the West
Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), section 3, Schedule
II.
[49][49]Substituted by the
[50][50]Inserted by the Punjab Soil
Reclamation West Pakistan (Amendment) Ordinance, 1964 (V of 1964), section 18.
[51][51]Substituted for the words
“Punjab Soil Reclamation Board”, by the Punjab Soil Reclamation West Pakistan
(Amendment) Ordinance, 1964 (V of 1964), section 5.
[52][52]Now “
[53][53]Since repealed by the Punjab
Land Revenue Act, 1967.
[54][54]XVII of 1887.
[55][55]Substituted, for “
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