Chashma Right Bank Canal (Lift-cum-Gravity) Project (Control and Prevention of Speculation in Land) Act, 2010
Download FeedBack| Department: | Irrigation Department |
|---|---|
| Main Category: | Acts |
| Specific Category Name: | Project |
| Year | 2010 |
| Promulgation Date: | 20-10-2010 |
| Details: | THE
KHYBER PAKHTUNKHWA CHASHMA RIGHT BANK CANAL (LIFT-CUM-GRAVITY) PROJECT (CONTROL AND PREVENTION OF SPECULATION IN LAND) ACT, 2010. (KHYBER
PAKHTUNKHWA ACT NO. XVIII OF 2010) CONTENTS PREAMBLE SECTIONS 1. Short
title, extent and commencement. 2. Definitions. 3. Appointment
of Collector, his status and duties. 4. Bar
on alienation of prior land. 5. Annulment
of certain alienations. 6. Valuation
of land in the project area. 7. Power
of Government to revise valuation. 8. Power
of Government to re-valuate lands. 9. Acquisition
of land by Government. 10. Acquisition
made in contravention of this Act be null and void. 11. Power
of Government to call for and examine the records. 12. Finality
of orders. 13. Bar
of certain proceedings. 14. Power
to make rules. 15. Power
to remove difficulties. 16. Savings. 17. Punishment
for obstruction in the execution of the project. 18. Effect
on other enactments. 19. Repeal. THE
KHYBER PAKHTUNKHWA CHASHMA RIGHT BANK CANAL (LIFT-CUM-GRAVITY) PROJECT (CONTROL AND PREVENTION OF SPECULATION IN LAND) ACT, 2010. (KHYBER
PAKHTUNKHWA ACT NO. XVIII OF 2010) [first published after having received the assent
of the Governor of the Khyber Pakhtunkhwa
in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated the 20th October,
2010]. AN ACT to control the
lands and their alienation in the Chashma Right Bank Canal (Lift-cum-Gravity) Project Area. WHEREAS Government of the Khyber
Pakhtunkhwa contemplates to commence the execution of the Chashma Right Bank
Canal (Lift-cum-Gravity) Project in order to conserve and utilize to the best
advantage of the waters of the Indus River; AND WHEREAS considerable purchases of
land which are of speculative character have been made or are likely to be made
in the area which is to be irrigated when the project is complete; AND WHEREAS it is necessary that
Government of the Khyber Pakhtunkhwa should control the areas as well as the
alienations; It
is hereby enacted as follows:- 1. Short
title, extent and commencement.---(1) This Act may be called the Khyber
Pakhtunkhwa Chashma Right Bank Canal (Lift-cum-Gravity) Project (Control and
Prevention of Speculation in Land) Act, 2010. (2) It shall extend to such areas and
villages in Dera Ismail Khan District as Government may, from time to time, by
notification in the official Gazette, specify. (3) It shall come into force at once. 2. Definitions.---In
this Act, 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, exchange, gift but shall not
include alienation of land in lieu of dower; (b) “Collector” means a Collector appointed
under (c) “Government” means Government of the
Khyber Pakhtunkhwa; (d) “project area” or “area” means the area consisting of the villages or portion of
villages or areas notified by Government under sub-section (2) of section 1 of
this Act; (e) “project land” or “land” means land in
such area; and (f) “prescribed” means prescribed by rules
made under this Act. 3. Appointment
of Collector, his status and duties.---(1) Government may, by
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 a ‘public servant’
within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of
1860) 4. Bar
on alienation of project land.---No person shall alienate the project
land from the commencement of this Act and until the date on which water from
the Chashma Right Bank Canal (Left-cum-Gravity) Project is made available for
the irrigation of the land, except mortgage their land in favour of
Banks/Financial Institutions for obtaining loans: Provided
that the District Officer (Revenue and Estate)/Collector may on application, if
satisfied that there are sufficient grounds for doing so, permit the land to be
alienated before the expiry of the above said period on such payment to
Government and subject to such conditions as it may deem fit to impose. 5. Annulment
of certain alienations.---(1) No alienation of any land in the project
area made by any owner, his agent, assignee or attorney on or after the 1st
day of January, 2005 and until the commencement of this Act, 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 non-resident of the
District 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 then one hundred
(100) Kanals of irrigated land or more than two hundred (200) Kanals of
unirrigated land. (3) Upon the commencement of this Act or
upon the determination of issue 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 alienee as may be determined by the Collector. (5) The Collector shall, after hearing the
alienor and the alienee and after making such enquiry, 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 one year from the
date of the order under sub-section (5), the Collector shall order and Government
shall transfer the alienated land to the alienor. Explanation-I.---The expression
“consideration” used in this section means- (i) in case of sale, sale price; (ii) in case of lease or mortgage, the lease
or mortgage money; and (iii) in case of exchange, the price of such
land. Explanation-II.---For the purpose
of this section “alienor” means the person who was owner of the alienated land
before the1st day of January, 2005. 6. Valuation
of land in the project area.---(1)
The Collector shall value all lands in the project area at the average
price of such land prevailing during the preceding five years of acquisition. (2) For 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
years; (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 land as shown in mortgages
during the said five years. (3) Subject to the provisions of the
succeeding sections, valuation fixed by the Collector shall be final and shall
not be called in question in any civil, revenue or criminal Court. 7. Power
of Government to revise valuation.---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 in any civil, revenue or criminal Court. 8. Power
of Government to re-valuate lands.---Government may, by notification in
the official Gazette or the date on which water from the Chashma Right Bank
Canal (Lift-cum-Gravity) Project is made available for the irrigation of the
land, re-value the lands in the project area, which valuation shall not in any
case be less than hundred (100) per cent above the valuation fixed under
section 6 or section 7 as the case may be, and valuation so fixed shall be
final and shall not be called in question in any civil, revenue or criminal
Court. 9. Acquisition
of land by Government.---(1) Any person owing any land in the project
area shall, on demand made by the Government by notice in writing within
fifteen (15) years from the date from which water from the Chashma Right Bank
Canal (Lift-Cum-Gravity) Project is made available for the irrigation of the
land, be bound to sell the land or part of the land, as the case may be, in
accordance with sub-section (2) of section 6. (2) Government may dispose off any project
land which it owns or which it acquires by purchase, in the prescribed manner. 10. Acquisition
made in contravention of the Act to be null and void.---Any alienation
of project land made by a person against the provisions of this Act 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. 11. Power
of Government to call for and examine the records.--- 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 Act by any authority or officer, for the purpose of
satisfying itself or himself as to the legality, regularity or propriety of
such order or proceeding and may pass such order in regard thereto as it or be
may think fit. 12. Finality
of orders.---No order passed by Government or any authority or officer
under this Act shall be called in question in any civil, revenue or criminal
Court. 13. Bar
of certain proceedings.---(1) No suit or other proceedings shall lie
against Government for anything done or purported to be done under this Act or
any rules made there under. (2) No suit, prosecution 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 Act or any rules
made hereunder, without the previous sanction of Government. (3) No suit, prosecution 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 Act or any rules
made there under. 14. Power
to make rules.---(1) Government
may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for- (a) all matters expressly required or allowed
by this Act 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 Act and the authority which may
impose such penalties, provided that the penalty shall not in any case exceed
Rs. 10,000/-; and (d) generally regulating the procedure to be
followed and the forms to be adopted in proceedings under this Act and fixing
the time within which such proceedings shall be initiated. (3) All rules made under this section shall
be published in the official Gazette. 15. Power
to remove difficulties.---If any difficulty arises in giving effect to
the provisions of this Act, Government may, as occasion may require, by order,
do anything which appears to it necessary for the purpose of removing the
difficulty. 16. Savings.---Nothing in this Act 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 Government or by an Agricultural
Development (c) at a sale conducted 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 (d) by exchange in accordance with any scheme
made or approved by Government. Provided
that in cases falling under clause (c) and clause (d) 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
Act. 17. Punishment for obstruction in the
execution of the project.---Any person who obstructs or abets
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. 18. Effect
on other enactments.---The provisions of this Act shall take effect
notwithstanding anything contained to the contrary in any other enactment for
the time being in force. 19. Repeal.---The
Khyber Pakhtunkhwa Chashma Right Bank Canal (Lift-cum-Gravity) Project (Control
and Prevention of Speculation in Land) Ordinance, 2010 (Khyber Pakhtunkhwa
Ordinance No. IV of 2010) is herby repealed. |