THE [1][KHYBER PAKHTUNKHWA] NEW IRRIGATION PROJECTS (CONTROL  AND PREVENTION OF SPECULATION IN LAND) ACT, 1950

CONTENTS

 
PREAMBLE

SECTIONS

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Appointment of Collector, his Duties and Status.

4.         Bar on Alienation of Project Land.

5.         Annulment of certain Alienations.

6.         Valuation of land in the Project areas.

7.                  Power of Provincial Government to revise valuation.

8.                  Power of Provincial Government to revaluate lands within 15 years.

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

10.              Acquisition of land by the Provincial Government.

11.              Alienation made in contravention of the Act to be null and void.

12.              Power of the Provincial Government to call for and examine the records.

13.              Finality of order.

14.       Bar of certain proceedings.

15.       Power to make Rules.

16.              Power to remove difficulties.

17.              Savings.

18.              Punishment for obstruction in the execution of the Project.

19.              Effect on other enactments.

THE [2][KHYBER PAKHTUNKHWA] NEW IRRIGATION PROJECTS  (CONTROL AND PREVENTION  OF  SPECULATION  IN LAND) ACT, 1950.

(ACT NO. XIX OF 1950).

(Received the assent of the Governor, [3][Khyber Pakhtunkhwa] on the 24th March,1950). 

AN 
ACT

to control the lands and their alienation in the Irrigation Projects areas.

            AND WHEREAS considerable purchases of land which are of speculative character have been made or are likely to be made in the areas which are to be irrigated when the project are complete;

            AND WHEREAS it is necessary that the Government should control the areas as well as the alienations;

            It is hereby enacted as follows:—

(2)     (a)       It extends to the areas and villages in the [5][Khyber Pakhtunkhwa] to be notified by the Provincial Government.

(b)      The Provincial Government may by notification in the Official Gazette:—

(i)                 remove any specified area or village or portion of a village;

(ii)               extend all or any of the provisions of the Act to any village or portion of a village or areas subject to such modifications as may be specified in the notification.

                        (3)        It shall come into force at once.

(1)               "alienation" includes sale, mortgage, lease, gift, exchange, but shall not include alienation of land in lieu of dower.

(2)               "prescribed" means prescribed by rules made under this Act.

(3)               "project area" or "area" means the area consisting of the villages or portion of villages or area notified by the Provincial Government from time to time.

(4)               "Project land" or "land" means land in such area.

(2)               The Collector so appointed shall perform such duties and exercise such powers as may be prescribed, for the purposes of carrying into effect the provisions of this Act and the rules made there-under.

(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.

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    (b)    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 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.

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

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

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

            (3) No officer or servant of the Provincial Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed or authorized by or under this Act.

            (2)   la 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 penalty shall not in any one case exceed one thousand rupees 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 and upon such publication shall have effect as if enacted in this Act.

(a)          at a sale held by any Civil, Revenue or Criminal Court in execution of a decree or order; or

(b)     at a sale conducted under any law for the time being in force for the recovery of any revenue due to the Provincial Government or of any sum recoverable as arrears of such revenue; or

(c)     by exchange in accordance with any Scheme made or approved by the Provincial Government:

            Provided that in cases falling under clause (a) or clause (b) 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 the Provincial 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.