WHEREAS Government contemplate to commence the execution of the Gomal Zam project in order to conserve and utilize to the best advantage the waters of the Gomal River;

Preamble

1.         (1) This Ordinance may be called the [5]Khyber Pakhtunkhwa Gomal Zam Project (Control and Prevention of Speculation in Land) Ordinance, 1971.

            (2) It shall extend to such areas and villages in Dera Ismail Khan District as Government may, from time, by notification in the official Gazette, specify.

            (3) It shall come into force at once.

Short title, extent and commencement.

2.         In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

(a)    “alienation” includes sale, mortgage, lease, gift, exchange but shall not included alienation of land in lieu of dower;

(b)   “Commissioner” means the Commissioner, Dera Ismail         Khan Division;

(c)    “Government” means the Government of the [6]Khyber Pakhtunkhwa;

(d)   “project area” or means the area consisting of the villages or portion of villages or areas notified by Government under sub-section (2) of section 1;

(e)    “project land” or “land” means land in such area;

(f)    “prescribed” means prescribed by rules made under this Ordinance.

Definitions.

3.         (1) Government may, be notification in the official Gazette, appoint, either by name or by designation, a Collector for the project area.

            (2) The Collector so appointed shall perform such duties and exercise such powers as may be prescribed.

            (3) Every such Collector and every member of his staff appointed to assist him shall be deemed to be ‘public servant’ within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

Appointment of Collector, his status and duties.

4.         No person shall alienate the project land from the commencement of this Ordinance until the expiry of fifteen years after such date as may be notified by Government as the date on which water from the Gomal Zam Project is made available for the irrigation of the land:

Bar on alienation of project land.

5.         (1) No alienation of any land in the project area made by any owner, his agent, assignee or attorney on or after the first of January, 1966, and until the commencement of this Ordinance, shall be effective so as to confer any right or remedies on the party to such transfer or any person claiming under him, unless such transfer is proved to the satisfaction of the Collector to be bona fide, for a reasonable price and not speculative in character.

            (2) Every such alienation shall be speculative in character-

(a)  if made in favour of a non-resident of the revenue estate concerned, irrespective of the area of the land involved; or

(b)  if made in favour of a resident of the revenue estate concerned, when the total area involved is more than one hundred (100) Kanals of irrigated land or more than two hundred (200) Kanals of unirrigated land.

 
            (3) Upon the commencement of this Ordinance or upon the determination of issues under sub-section (1), as the case may be, the alienated land shall immediately vest in Government.

            (4) Government shall pay such consideration to the aliencee as may be determined by the Collector.

            (5) Government shall pay such consideration to the alienee and after making such inquiry as he may deem fit, determine the consideration, and while doing so shall also be guided by the principles laid down in sub-section (2) of section 6.

            (6) Upon an application made to the Collector and upon deposit of such consideration in favour of Government or in favour of the alienee, as the case may be within a period of two years from the date of the order under sub-section (5), the Collector shall order and Government shall transfer the alienated land to the alinor.

Annulment of Certain alienations.

6.         (1) The Collector shall value all lands in the project area at the average price of such land prevailing during the five years commencing from the first of January, 1956 and ending with 3 1st of December, 1960.

            (2) For the purpose of determining the value, the Collector shall consider the following among other matters as evidence of such value:-

(i)   the price or value actually received by the vendors from the vendees in the sale of project lands during the said five year; 

(ii)  the estimated amount of the average annual net assets of the land;

(iii) the land revenue assessed upon the land; and 

(iv) the value of lands as shown in mortgages during the said five years.

            (3) Subject to the provisions of the next succeeding section, valuation fixed by the Collector shall be final and shall not be called in question in any civil, revenue or criminal Court.

Valuation of
Land in the Project area.

7.         Government may revise the value of any land fixed by the Collector under section 6 and fix any other valuation of such land as it deems fit, in which case the value fixed by Government shall be final and shall not be questioned any civil, revenue or criminal Court.

Power of Government to Revise 
valuation.

8.         Government may, at any time, within fifteen years after such date as may be notified in the official Gazette as the date on which water from the Gomal Zam Project is made available for the irrigation of the land, revalue the lands in the project area, which valuation shall not in any case be less then case may be, and valuation so fixed shall be final and shall not be called in question any civil, revenue or criminal Court.

Power of 
Government to reevaluate lands.

9.         The difference which is found in re-valuation between the first valuation under section 6 or section 7 as the case may be, and second valuation under section 8 shall be debt which the owners of the land for the time being shall be deemed to owe to Government and on demand shall be liable to pay this debt in five equal annual installments to Government.

Difference between the two valuations to be debt payable by the owner.

10.       The debt or part of the debt due from the owner of the land shall be recovered as an arrear of land revenue.

Debt to be recoverable as an arrear of land revenue.

11.       (1) Any person owing any land in the project area shall, on demand made by Government by notice in writing within fifteen years from the commencement of this Ordinance, be bound to sell the land or part of the land, as the case may be, at the price mentioned in the notice.

            (2) Government may dispose of any project land which it owns or which it acquires by purchase, in any manner it thinks fit.

Acquisition of land by Government.

12.       Any alienation or project land made by a person against the provisions of this Ordinance shall be null and void and shall not confer any right or remedies on the parties to such alienation or any person claiming under them.

Acquisitions made in contravention of the Ordinance to be null and void.

13.       Government or the officer appointed by it in that behalf may at any  time either suo moto or on application, call for and examine the records relating to any order passed or proceeding taken under this Ordinance by any authority or officer, for the purpose of satisfying itself or himself as to the legality, regularity or property of such order or proceeding and may pass such order in regard thereto as it or he may think fit.

Power of Government to call for and examine the records.

14.       No order passed by Government or any authority of officer under this Ordinance shall be called in question in any civil, revenue or criminal Court.

Finality of 
Orders.

15.       (1) No suit or other proceeding shall lie against any officer or servant of Government for any act done or purported to be done by such officer or servant under this Ordinance or any rule made thereunder.

            (2) No suit, prosecution or other proceeding shall lie against any officer or servant of Government for any act done or urpported to be done by to be done by such officer or servant under this Ordinance or any rule made thereunder, without the previous sanction of Government.

            (3) No suit, proceution or legal proceeding shall lie against any officer or servant of Government for anything which is in good faith done or purported to be done in pursuance of this Ordinance or any rules made thereunder.

Bar of certain proceedings.

16.       (1)   Government may take rules to carry out the purposes of this Ordinance.

            (2)  In particular and without prejudice to the generality of the foregoing powers, such, rules may provide for-

(a)    all matters expressly required or allowed by this Ordinance to be prescribed;

(b)   the opening and maintenance of a common register for the project area, showing the ownership, and changes in the ownership of lands therein and any other particulars which may be deemed necessary;

(c)    the penalties which may be imposed for contravention of any of the provisions of this provisions of this Ordinance and the authority which may impose such penalties, provided that penalty shall not in any one case exceed one thousand rupees;

(d)   generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Ordinance and fixing the time within which such proceedings shall be initiated.

            (3)  All rules made under this section shall be published in the official Gazzette and upon such publication shall have effect as if enacted in this Ordinance.

Power to make rules

17.       If any difficulty arises in giving effect to the provisions of this Ordinance, Government may, as occasion may require, by order do anything which appears to it necessary for the purpose of removing the difficulty.

power to 
remove difficulties.

18.       Nothing in this Ordinance shall apply to the acquisition of land-

(a)    at a sale held by any civil, revenue or criminal Court in execution of a decree or order; or

(b)   by  a person under provisions of Displaced Persons (Land Settlement) Act, 1958 (Act XVLVII of 1958), or any scheme made thereunder; or

(c)    by Government or by an Agricultural Development Bank; 

(d)   at a sale conduct under any law for the time being in force for recovery of any revenue due to Government or of any sum recoverable as an arrear of land revenue; or

(e)    by exchange in accordance with any scheme made or approved by Government;

            Provided that in cases falling under clause (d) and clause (e) the Court, which or the officer who, ordered the land to be sold, may of its or his own motion or on the application of Government or any party to the proceedings, set aside the sale, if the Court or officer is satisfied that the sale was a collusive transaction or was made with a view to defeat or evade the provisions of this Ordinance.

Savings.

19.       Any person which obstructs or a bets obstruction to the execution of the project shall be liable to a term of imprisonment which may extend to one year or fine or both.

Punishment for Obstruction in the evacuation
of the project.

20.       The provisions of this Ordinance shall take effect notwithstanding anything contained to the contrary in any other enactment for the time being in force.

Effect on other enactments.