WHEREAS it is expedient   to   provide for the improvement and expansion of galies and other area in the hill tract in the [2][District of Hazara].

Preamble.

            NOW, THEREFOR, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of allpowers enabling him in that behalf, to make and promulgate, following Ordina­nce:—

1.         (1) This Ordinance may be called the West Pakistan Hill Tract   Improvement   Ordinance, 1961.

(2)   It extends to the, [3][District of Hazara].

(3) This section shall come into force, at once, and the remaining. provisions of the Ordinance shall come into force in such area of the [4][District of Hazara] and on such dates as Gov­ernment may, by notification in the official Gazette, specify in this behalf.

Short title extent and commence-ment.

2.               (1) In this Ordinance, unless the context other-wise requires,   the following expressions shall have the meanings hereby respectively assigned to them, that is to say:-

(a)   "building line" means a line (in rear of the street alignment) up to which the main wall of a building abutting on a projected street may lawfully extend;

(b)   "Chairman" means the Chairman of the Trust estab­lished under this Ordinance;

(c)    "Collector" has the same meanings as are assigned to it in caluse (c) of section 5 of the Land Acquisition Act, 1894;

(d)   “Government" means the Government of [5][Khyber Pakhtunkhwa];

(e)    "Land" includes land as defined in clause(a) of sections of the Land Acquisition Act, 1894;

(f)     "Local area" means the area or part of the area to which this Ordinance has been applied;

(g)   "Local Body" means a body constituted under any law, relating to Local Government, for the time being in force. [6][ . ]

(h)   "prescribed" means prescribed by rules made under this Ordinance;

(i)     "scheme" means a scheme framed under this Ordi­nance;

(j)     "street alignment" means lines forming the boundaries of a street  dividing  the same from lands adjoining on either side;

(k)  "Tribunal" means a tribunal constituted under section 45.

Definitions.

3.         (1) As soon as may  be after  the coming into force of this Ordinance there  shall be established a Trust to be known as the [7][  .        ]   Hazara   (Hill   Tract) Improvement   Trust (hereinafter referred to as the Trust) for carrying out the purposes of this Ordinance.

            (2) The Trust shall be a body corporate, shall be en­titled to acquire and hold property, shall have perpetual succe­ssion and a common seal and shall by the said name sue and be sued.

            (3) The Trust shall, in respect of the "Specified Area as defined in the Capital Development Authority Ordinance, 1960, be deemed to be an "agency" as defined in the said Ordinance.

Constitution of the Trust.

4.         (1) The Trust   shall   consist of a Chairman and   not more than six other  Trustees   appointed by   Government.

            Provided that three of such Trustees shall be nominees of the Central Government.

            Provided further that Government may appoint any person or persons to perform the functions of the Trust until the Trust is constituted in accordance with the provisions of this Ordinance.

            (2) One of the Trustees shall be the Financial Adviser of the Trust.
(3) The term of office of the Chairman shall be five years and that of a Trustee three years.

            (4) Any person ceasing to be the Chairman or Trustee by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as Government may decide.

            (5) The Chairman or any Trustee may at any time resign:
Provided   that   his   resignation shall not  take   effect   until accepted by Government.

            (6) The Trust may from time to time appoint committees of the Trust to enquire and report on any specified matters.

Appointment and terms of office of Chairman and Trustees and appointment of Committees.

5.         The Chairman and each Trustee shall receive such salary and allowances and be subject to such conditions of service as may be prescribed and shall perform such duties as are assigned to them under this Ordinance or any rules framed there under.

Remuneration and conditions of service of Chairs man and Trustees.

6.         Government may by notification remove the Chairman or any Trustee—

(a)   if he refuses or fails to discharge or becomes in the opinion of Government, incapable of discharging his responsibilities under this Ordinance; or

(b)    if he has been declared insolvent; or

(c)    if he has been disqualified for employment in, or has been dismissed from the service of Pakistan, or has been convicted of an offence involving moral turpitude; or

(d)   if he has Knowingly acquired or continued to hold without the permission in writing of Government, directly or indirectly or through a partner, or any other person, any share or interest in any contract or employ­ment with or by or on behalf of the Trust, or in any land or property which to his knowledge is likely to benefit or has benefited as a result of the operations of the Trust; or

(e)    if his continuance in office is, in the opinion of Government, unnecessary or undesirable.

Removal of Trustees.

7.         (1) The  Trust  shall  meet  at such time and place  and in such   manner   as may be   prescribed:

Meetings of the Trust.

8.         (1) A Trustee  who  has  directly  or indirectly, by himself or   through   any  partner,   employer,  or employee, any share or interest in respect of any matter relating to the Trust, or has acted professionally, in relation to any such matter, or on behalf of any person having therein any share or interest as aforesaid, shall not vote or take any other part in any proceedings of the Trust or any committee appointed by it relating to such matter.

            (2) If any Trustee, or any other member of a committee appointed by it, has directly or indirectly, any beneficial interest in any land situated in an area comprised in any improvement scheme framed under this Ordinance, or in any area in which it is proposed to acquire land for any of the purposes of this Ordi­nance

(a)   he shall, before taking part in any proceeding at a meeting of the Trust or any committee appointed by it relating to such area, inform the person presiding at the meeting of the nature of such interest;

(b)    he shall not vote at any meeting of the Trust or any such committee upon any resolution or question relating to such land; and

(c)    he shall not take any other part in any proceeding at a meeting of the Trust or any such committee relating to such area, if the person presiding at the meeting considers it inexpedient that he should do so.

Trustees, etc, not to take part in proceedings in which they are personally interested.

9.         (1) The Chairman shall forward to Government a copy of the minutes of the proceeding of each meeting of the Trust, within ten days of the meeting.

            (2) Government may require the Chairman to furnish it with any document, return, statement, estimate, statistics or other information regarding any matter under the control of the Trust. The Chairman shall comply with such direction without any undue delay.

Supply of  information and documents to Government.

10.       (1) Subject to such rules as Government may make, the Trust may, from time to time, employ such servants as it may deem necessary and proper to assist in carrying out the purposes of this Ordinance on such terms and conditions as it may deem fit.

            (2) The Chairman may make any appointment in case of emergency. Such action shall be reported to the Trust at its next meeting.

Power of Trust to fix the number and salaries of permanent servants make appointment of temporary servants in cases of emergency.

11.       Subject to the provisions of sub-section (1) of section 10 and any rules for the time being in force, the power of appointing., promoting and granting leave to officers and servants of the Trust, and suspending or dismissing them or reducing them in rank for misconduct, and dispensing with their services for any reason other than misconduct, shall vest—

(i)     in the case of officers and servants whose maximum monthly salary does not exceed five hundred rupees, in the Chairman, and

(ii)   in other cases, in the Trust:

Power of the Chairman and the Trust in respect of the servants of the Trust.

12.       The Chairman shall exercise supervision and control over the acts and proceeding of all officers and servants of the Trust; and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances.

Control by Chairman.

13.       (1) The  Chairman  may, by  general   or special  order in writing, delegate any of the Chairman's powers, duties or functions under this Ordinance or  any rule made there under except those mentioned in sub-section (2) of section 9, to any officer of the Trust.

            (2) The exercise or discharge by any officer of any powers duties or functions delegated to him under sub-section (1) shall be subject to such conditions and limitations (if any) as may be specified in the said order, and also to control and revision by the Chairman, or the Trust.

Delegation of certain powers and functions of Chairman.

14.       (1) Government may delegate any of its powers and functions under this Ordinance to any officer it deems fit.

            (2) The Trust may delegate any of its powers and functions to the Chairman or any officer of the Trust.

Delegation of powers by Government and the Trust.

15.       (1) The Trust may frame schemes for the development of any local area.

            (2) The schemes to be framed by the Trust may  include.—

(i)     a general improvement scheme;

(ii)   a re-building scheme;

(iii) a street scheme;

(iv)  a deferred street scheme;

(v)    a development scheme;

(vi)  an expansion scheme,

(vii)            a housing accommodation scheme; or

(viii)          a re-housing scheme.

            (3) Any resident house-owner, who is likely to be displaced by the execution of any scheme under this Ordinance may apply to the Trust to be re-housed and no such scheme shall be implemen­ted until he has been provided with alternative accommodation or a re-housing scheme for the re-housing of such resident house-owner or owners as may apply under this sub-section has been completed.

            (4) A scheme may provide for all or any of the following matters:—

(i)      the acquisition under the Land Acquisition Act, 1894, as modified by this Ordinance, or the abandonment of such acquisition under section 47 and 49 of this Ordinance of any land or any interest in land neces­sary for or affected by the execution of the scheme, or adjoining any street, thoroughfare or open space to be improved or formed under the scheme;

(ii)    the acquisition by purchase, lease, exchange or otherwise of such land or interest in land;

(iii)  the retention, letting on hire, lease, sale, exchange or disposal otherwise of any land vested in or acquired by the Trust;

(iv)  the demolition of buildings or portions of build­ings that are unfit for the purpose for which they are intended or that obstruct light or air or project beyond the building line;

(v)    the relaying out of any land comprised in the scheme and the redistribution of sites belonging to owners of property comprised in the scheme;

(vi)  the prohibition of building activity in any spe­cified areas for a specified period not exceeding two years in all;

(vii)   the   laying   out and   alteration of streets;

(viii)    the provision of open spaces in the interest of the residents of         any locality comprised in the scheme or any adjoining         locality and the enlarge­ment or alteration of existing open         spaces;

(ix)     the raising, lowering, breaking up, afforestation or reclamation of any land vested in or to be acquired by the Trust for the purposes of the scheme, and the reclamation or reservation of land for the production of fruit, vegetables, fuel, fodder, trees and the like and the provision of means of irrigation;

(x)       the draining, water-supply and lighting of streets altered or constructed;

(xi)     the provision of a system of drains and sewers;
the doing of all acts intended to promote the health of residents of the area comprised in the scheme, including the conservation and preser­vation, from injury or pollution of streams and other sources and means of water-supply;

(xii)   the demolition of existing buildings and the erection and re-erection of buildings by the Trust or by the owners or by the Trust in default of the owners;

(xiii)       the advance to the owners of land comprised within the         scheme, upon such terms and conditions as to interest and         sinking fund and otherwise as may be prescribed under the         scheme of the whole or part of the capital requisite for the         erection of buildings or for the production of fruit,         vegetables, fuel, fodder, trees and the like or any other         purpose in accordance with the scheme;

(xiv)       the provision of facilities    for communication;

(xv)         the execution of any scheme or part of the scheme by any         Department of Government on such terms and conditions as         may be agreed upon between the Trust and the Department;

(xvi)       the management of lands belonging to Govern­ment on such         terms and conditions as may be mutually agreed upon;

(xvii)     all other matters which Government may deem necessary to         promote the general efficiency of a scheme or to improve the         locality comprised in such scheme.

Schemes to be framed under the Ordinance.

16.       Notwithstanding anything contained in any other law for the time being in force whenever any street alignment has been prescribed by the Trust: in any scheme under this Ordinance with the sanction of Government, the Local Body concerned shall not have power to, prescribe any regular line for the street within the line it’s of the scheme, and any such line previously prescribed by the Local Body within such; limits shall cease to be the regular line of frontage of the street.

Effect of prescribing street alignment.

17.       (1) Should   any   building   or part of a building  project beyond the regular  line of a street, either existing or determined on for the future or beyond the front of the building  on either a side thereof,   the Trust   may, whenever such building or part has been   either   entirely   or in   greater   part   taken down, or   burnt down, or has fallen down, by a written notice, require such building or part   when being rebuilt to be set back to or towards the  said regular line or the front of the adjacent buildings and the portion of the land added to the street by such setting  back   or   removal shall become   part of the street and shall vest in the; Trust.

            (2) The Trust may, on such terms as it may deem fit, require or allow any building to be set forward for the improve­ment of the line of the street.

            (3) When any building is set back or forward in pur­suance of a requisition made under the preceding sub-section the Trust shall forthwith make full compensation to the owner of the building for any damage or loss that he may sustain.

            (4) If the additional land, which will be included in the premises of any person required or allowed to set forward a build­ing, or part thereof, belongs to the Trust, the requisition or permission of the Trust to set forward the building shall be sufficient conveyance to the said owner of the said land, and the terms and conditions of the conveyance shall be set forth in the said requisition or permission.

Powers of Trust to set back or forward building adjacent to the street alignment.

18.       (1) In the   locality   comprised   in  a   scheme   under   this Ordinance  no person  shall,  except with the written permission of the Trust, erect, re-erect, add to or alter any building so as to make the same project beyond  a street alignment or building line duly prescribed by the Trust.

            (2) In the locality comprised in a development scheme or any expansion scheme, if any person desires to erect, re-erect, add to or alter any building on his land so as to make the same project beyond a street alignment or a building line duly prescribed by the Trust, he shall apply to the Trust for permission to do so, and if the Trust refuses to grant permission to such person according to his application, and does not proceed to acquire such land within two years from the date of such refusal, it shall pay reason­able compensation to such person for any damage or loss sustained by him in consequence of such refusal.

Prohibition of building beyond a street alignment.

19.       (1) In the locality comprised  in a deferred   street scheme, the owner of any  property affected by a street alignment duly prescribed by the Trust may, at any time after the scheme has been sanctioned by Government, give the Trust notice requiring it to acquire such property before the expiration of six months from the date of such notice,   and the   Trust shall acquire such property accordingly.

            (2) In the locality comprised in a deferred street scheme, before proceeding to acquire any property affected by a street alignment duly prescribed by the Trust other than property regarding which it has received a notice under the preceding sub­section, the Trust shall give six months’ notice to the owner of its intention to acquire the property.

Acquisition of property affected by deferred street scheme.

20.       A scheme under this Ordinance may be framed upon a representation by a Local Body or a written representation signed by twenty-five or more inhabitants of a locality.

Official representation.

21.       (1) The Trust shall consider every representation made under section 20 and if satisfied as to sufficiency of its grounds and of its own resources, shall decide whether a scheme under this Ordinance to carry such representation into effect should be framed forthwith or not, and in the case of official representation, shall forthwith intimate its decision to the Local Body.

            (2) If the Trust decides that it is not necessary or expedi­ent to frame a scheme under this Ordinance forthwith, it shall inform the Local Body of the reasons for its decision.

            (3) If the Trust fails, for a period of twelve months after the receipt of any official representation made under section 20 to intimate its decision thereon to the Local Body the latter may, if it deems fit, refer the matter to Government.

            (4) Government shall consider every reference made to it under sub-section (3), and—

(a)    if it deems that the Trust ought to have taken a decision within the period mentioned in sub­section (3) shall direct the Trust to take a decision within such further period as Government may deem reasonable, or

(b)    if it deems that it is expedient that a scheme should forthwith be framed, shall direct the Trust to proceed forthwith to frame a scheme, prescribing in the direction the type of scheme to be framed.

            (5) The Trust shall   comply with every direction given by Government under sub-section (4).

Consideration of official representation.

22.       When framing    a scheme in respect of any locality, regard shall be had to—

(a)    the nature and the condition of adjoining localities and of the town as a whole;

(b)   the direction in which the town appears likely to expand; and

(c)    the claims of any other part of the local area likely to require a scheme.

Matters to be considered when framing improvement scheme.

23.     (1) When    a   scheme  has   been framed, the   Trust  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 and a general map of the locality comprised in the scheme maybe inspected at reasonable hours.

            (2) The Trust shall—

(a)   cause the said notice to be published weekly for three consecutive weeks in the Official Gazette and in a newspaper or newspapers with a statement of the period within which objection will be received; and

(b)   send a copy of the notice to the Local Body concerned.

(3) The Chairman shall cause copies of all documents referred to in clause (iii) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed.

Preparation publication and transmission of notice as to improvement schemes and supply of documents to applicants.

24.       The Local Body to whom a copy of a notice has been sent under clause (b) of sub-section (2) of section 23 shall, within a is period of thirty days from the receipt of the said copy, forward to the Trust any representation or suggestion which it may deem fit to make with regard to the scheme.

Transmission to Trust of representation by Local Body as to improvement.

25.       (1) During thethirty days next following the first day on which any notice is published under section 23 in respect of any scheme, the   Trust shall serve a notice on—

(i)     every person whom the Trust has reason to believe after due enquiry to be the owner of any immovable property which is proposed to be acquired in execu­ting the scheme; and

(ii)   the occupier (who need not be named) of such property.

 (2) Such notice shall—

(a)   state that the Trust proposes to acquire such property for the purposes of carrying out a scheme; and

(b)   require such person, if he objects to such ac­quisition, to state his reasons in writing with in a period of thirty day from the service of the notice.

(3) Every such notice shall be signed by, or by the order of Chairman.

Notice proposed acquisition of land.

26.       The President of the Local Body shall furnish the Chair­man at his request and on payment of such fees as may be prescribed, with a copy of such information relating to a locality regarding which a notice has been published under   section 23 as is available in the  records of the Local Body.

Furnishing of information available in records of the Local Body.

27.       (1) After the expiry of the periods respectively prescribed by clause (a) of sub-section (2) of section 23, by section 24 and  by clause (b) of sub-section (2) of section 25, the Trust shall consider any objection, or  representation received in connection  with any scheme and after giving  the maker of such objection or representation a reasonable opportunity of being heard either in person or through a representative, the Trust may either abandon the scheme or apply to Government for sanctioning the scheme with such modifications (if any) as the Trust may deem necessary to make:

Abandonment of schemes or application to Government to sanction it.

28.       (1) Government   may   sanction   either   with   or   without modification, or may refuse to sanction, or may return for reconsideration, any scheme submitted to it under section 27.

            (2) If a scheme returned for reconsideration under sub­section (1) is modified by the Trust, it shall be republished in accor­dance with section 23—

(a)   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; and

(b)   in every other case, unless the modification is, in the opinion of Government, not of sufficient importance to require republication.

Power to sanction reject or return scheme.

29.       (1) Government shall notify the sanction, of every scheme, and the Trust shall forthwith proceed to execute such scheme; provided that it is not a deferred street scheme, develop­ment scheme, or expansion scheme and provided further that the requirements of sub-section (3) of section 15 have been fulfilled.

            (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.

            (3) Government may itself fame a scheme and direct the trust to execute it on payment of the whole or part of the cost and the Trust shall comply with such direction.

Notification of sanction of scheme.

30.       A scheme may be altered by the Trust at any time between its sanction by Government and its execution:

            Provided that—

(a)   if any alteration is estimated to increase the estimated net cost of executing a scheme by more than fifty thousand rupees or twenty percent of such cost, such alteration shall not be made without the previous sanction of Government;

(b)   if any alteration involves the acquisition, other-wise than by agreement, of any land the acquisition of which has not been sanctioned by Government, the procedure prescribed in the foregoing sections of this Chapter shall, so far as applicable, be followed as if the altera­tion were a separate scheme.

Alteration of scheme after sanction.

31.       Any number of localities in respect of which the Trust has framed or has proposed to frame schemes under this Ordinance may, at any time, be included in one combined scheme.

Inclusion of different localities in combined scheme.

32.       As soon as or any time after any scheme has been carried out, the Trust may by a written requisition call upon a Local Body within whose jurisdiction any particular area covered by the scheme lies to take over and maintain any of the works and services in that area and in case of any dispute the matter shall be referred to the arbitration of the Commissioner whose decision shall be final and binding.

Arrangement with Local Body.

33.       (1) Whenever any building , or any street or other land, or any part thereof which is vested in a Local Body is required for executing any scheme under this Ordinance, the Trust shall give notice of it accordingly to the Local Body, and such building, street, land or part shall thereupon vest in the Trust, subject to the payment to the Local Body of such sum  as may be required to compensate it for actual loss resulting  from the transfer of such building, street, land or part thereof, to the Trust.

            (2) If any question or dispute arises as to the sufficiency of the compensation paid or proposed to be paid under sub-section (1), the matter shall be referred to the Commissioner whose decision shall be final.

Transfer to Trust of building or land Vested Local Body for purposes of scheme.

34.       (1) Whenever any street or part thereof, which, is not vested in a Local   Body   or the Central or Provincial Government is required for executing any scheme, the Trust shall cause to be affixed, in a conspicuous place in or near such street or part, a notice signed by the Chairman—

(a)   stating the purpose for which the street or part is required; and

(b)    declaring that the Trust will, on or after a date to be specified in the notice, such date being not less than thirty days after the date of the notice, take over charge of such street or part, from the owner or owners thereof;

and shall simultaneously send a copy of such notice to the owner or owners of such street or part, or to the duly accredited agent of such owner or owners.

(2) After considering and deciding all objections (if any) received in writing before the date so specified, the Trust may take over charge of such street or part from the owner or owners thereof and the same shall thereupon vest in the Trust.

(3) When the Trust alters or closes any street or part thereof which has vested in it under sub-section (2), it shall pay such sum as may be required to compensate the previous owners for actual loss resulting to them from such alteration or closure.

(4) If the alteration or closing of any such street or part causes special damage or substantial inconvenience to owners of property adjacent thereto, or to residents in the neighborhood, the Trust—

(i)     shall forthwith provide some other reasonable means of access for the use of persons who were entitled, as of right, to use such street or part, as a means of access to any property or place; and

(ii)   if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money.

Transfer of private street to Trust for purposes of scheme.

35.       (1) When any building or any street or other land, or any part thereof, has vested in the Trust under section 33 or section 34, no drain or water-work therein belonging to a Local Body shall vest in the Trust until another drain or water-work (as the case may 53 be), if required, has been provided by the Trust to the satisfac­tion of the Local Body, in place of the former drain or work.

            (2) If any question or dispute arises as to whether another drain or water-work is required, or as to the sufficiency of any drain or water-work provided by the Trust under sub-section (1), the matter shall be referred to the Commissioner, whose decision shall be final.

Provision of drain or water work to replace another situated on land vested in the trust under section 33 or section 34.

36.     (1) The Trust may—

(a)    lay out and make a new public street and cons­truct tunnels and other works subsidiary to the same; and

(b)    widen, lengthen, extend, enlarge, raise the level of or otherwise improve any existing public street if vested in the Trust; and

(c)     turn, divert, discontinue or close any public street so vested; and

(d)    provide within its discrntion building sites of such dimensions as it deems fit, to abut  on or adjoin any public street made, widened, lengthened, extended, enlarged, improved, or the level of which has been raised by the Trust under clauses (a), (b)and (c) or by Government, and

(e)     subject to the provisions of any rule prescribing the conditions on which property vested in the Trust may be transferred, lease, sell or other­wise dispose of any land used by the Trust for a public street and no longer required there for and in doing so impose any condition as to the removal of any building existing there on, as to the descrip­tion of any new building to be erected thereon, as to the period within which such new building shall be completed, and as to any other matter that it deems fit.

(2) Whenever the Trust discontinues the public use of, or permanently closes, any stret vested in it, or any part thereof, it shall pay reasonable compensation to every person who had an easement or right of way or light and air over, upon or from such street or part, and who by such discontinuance or closure has suffered special damage.

(3) In determining the compensation payable to any person under sub-section (2) the Trust shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other street at or about the same time that the public street or part thereof, on account of which the compensa­tion is paid, is discontinued or closed.

Power of Trust to make and deal with public street.

37.       Subject to such conditions as may be laid down, Govern­ment may, by notification, apply to the Trust any provisions of—

            (i)      the Punjab Town  Improvement  Act,   1922, or

            (ii)     the law relating to Local Bodies for the time being in force.

Application of certain laws to the Trust.

38.       In order to facilitate the movement of the population in, around and from any local area to which this Ordinance is applied, the Trust 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 persons under­taking to provide, maintain and work any means of locomotion;

(b)   either singly or in combination with any other persons construct, maintain and work any means of locomo­tion, under the provisions of any law applicable thereto;

(c)    construct or widen, strengthen or otherwise improve bridges; and

(d)    arrange for the settlement of such population in other areas in the Province:

Provided that no guarantee or subsidy shall be made under clause (a), and no means of locomotion shall be constructed, maintained or worked under clause (b), without the previous sanction of Government.

Power of the Trust to facilitate movement of population.

39.       The Trust may—

(a)    cause a survey of any land to be made whenever it considers that a survey is necessary or expedient for carrying out any of the purposes of this Ordinance, or

(b)   contribute towards the cost of any such survey made by any other local authority.

Power to make rveys or contribute towards their cost.

40.       (1) The Chairman or any person authorised by him or by the Trust in writing may, with or without assistants or workmen, enter into or upon any land in order—

(i)     to make any inspection, survey, measurement, valuation or inquiry,

(ii)   to take levels,

(iii) to dig or bore into sub-soil,

(iv)  to set out boundaries and intended lines of work,

(v)    to mark such levels, boundaries and lines by marks and cutting trenches, or

(vi)  to do any other thing,

            whenever it is necessary to do so for any of the purposes of this Ordinance or any rule made or scheme sanctioned there under or any scheme which the Trust intends to frame there under:

            Provided that—

(a)   except when it is otherwise specially provided by a rule, no such entry shall be made between sunset and sunrise;

(b)   except when it is otherwise specially provided by a rule, no building which is used as a human dwelling shall be so entered, unless with the consent of the occupier or, if there be no occupier, the owner thereof, without giving the said occupier or owner, as the case may be, at least twenty-four hours previous notice in writing of the intention to make such entry;

(c)    even when any premises may otherwise be entered without notice, reasonable warning and facility to withdraw shall be given to anyfemale not appearing in public according to the customs of the country;

(d)   due regard shall always be paid so far the exigencies of the occasion permit to the social and religious usages of the occupants of the premises en­tered.

(2) Whenever any person enters into or upon any land in pursuance of sub-section (1), he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Trust, whose decision shall be final.

            (3) 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 there of 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.

Power of entry.

41.       (1) If any question or dispute arises—

(a)   between the Trust and the previous owner of any street or part thereof which has vested in the Trust under section 34 and has been altered or closed by it, as to the sufficiency of the compensa­tion paid or proposed to be paid under sub-section (3) of that section, or

(b)   between the Trust and any person who was entitled as of right, to use as a means of access any street or part thereof, which has vested in the Trust under the said section. –

(i)     as to whether the alteration or closing of such street or part causes special damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighborhood, or

(ii)   as to whether the other means of access pro­vided or proposed to be provided under sub­section (4) of the said Section are reasonably sufficient, or

(c)    between the Trust and any person as to the suffici­ency of any compensation paid or proposed to be paid to him under section 17, section 18 or section 90,

the matter shall be determined by the Tribunal, hereinafter defined, if referred to it either by the Trust or by the claimant within a period of three             months from the date on which the said person was informed of the decision of the Trust fixing the amount of compen­sation to be paid to him or of the rejection of his claim to compen­sation by the Trust, and the determination of the Tribunal shall be final:

Provided that the Tribunal shall not entertain the appli­cation of any claimant who has not applied to the Trust for compensation within three months of the date on which his claim to compensation accrued.

(2) The provisions of sections 5, 6 and 12 of the Limitation Act, 1908, shall be applicable in determining whether any claim shall be entertained.

(3) If a reference to the Tribunal be not made with in the period prescribed by sub-section (1), the decision of the Trust shall be final.

(4) For the purpose of determining any matter referred to it under sub-section (1), the Tribunal shall have all the powers with regard to witnesses, documents and costs which it would have if the Land Acquisition Act, 1894, as modified by section 43 of this Ordinance were applicable to the case.

Reference of disputes to Tribunal.

42.    (1) Whenever a Local Body is satisfied—

(a)    that any street laid out or altered by the Trust has been    duly levelled,  paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by Government under this Ordinance, and

(b)   that such lamps, lamp-posts, and other apparatus as the Local Body deem necessary for the lighting of such street and as ought to be provided by the Trust have been so provided, and

(c)    that water and other sanitary conveniences ordina­rily provided  in the   area in the jurisdiction of a Local Body have been duly provided in such street,

the Local Body after obtaining the assent of the Trust, or failing such assent, the assent of Government under sub-section (3) shall by  notice affixed   in  some conspicuous position in such street declare the street to be a public street; and the street shall there­upon vest in and shall thenceforth be maintained, kept in  repair, lighted, and cleansed by the Local Body.

(2) When any open space for purposes of ventiation or recreation has been provided by the Trust in executing any scheme, it shall, on completion, be transferred to the Local Body by resolution of the trust and shall thereupon vest in and shall thenceforth be maintained, kept in repair, lighted and cleansed by the Local Body:

Provided that the Local Body may require the Trust, before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide footpaths therein and, if necessary, to provide lamps and other apparatus for lighting it.

(3) If any difference of opinion arises between the Trust and the Local Body in respect of any matter referred to in the forego­ing provisions of this section, the matter shall be referred to the Commissioner, whose decision shall be final.

Vesting in Local Body of streets laid out or altered and open spaces by the Trust under a scheme.

43.       For the purpose of compulsory acquisition of land by the Trust, the Land Acquisition Act,   1894, shall be deemed to have been modified as indicated in the Schedule to this Ordinance.

Modification of Act I of 1894.

44.       (1) Government  may by notification   declare any  locality comprised in a local area to be required immediately for any of the purposes of this Ordinance, and direct the Trust to undertake in respect of such locality all or any such matters as may be included in a scheme under section 15.

            (2) After a notification has been issued under sub-section (1) in respect of any locality, the Trust 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 Trust and the land shall thereupon, notwith­standing anything contained in the Land Acquisition Act, 1894, vest absolutely in the Trust free from all encumbrances subject only  to  payment  of compensation under the Land Acquisition Act, 1894, as modified by this Ordinance.

            (3) The Trust 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 15 as soon as may be possible.

Acquisition of land in urgent cases.

45.       (1) For purposes of performing the functions of the Court in reference to the acquisition of land for the Trust under the of Land   Acquisition Act, 1894,   as modified by this Ordinance, Government may by a notification,   constitute one or more Tribunals, and may define the local limits of their jurisdiction.

            (2) The Tribunal shall consist of one or more members to be appointed by Government and if there are more members than one, one of them shall be appointed by Government as the Presiding Officer.

            (3) The Tribunal shall be deemed to be the Court and the Presiding Officer shall be deemed to be the Judge for the purpose of compulsory acquisition under the Land Acquisition Act, 1894.

            (4) The Presiding Officer   shall have the powers of a Civil Court under the Code of Civil Procedure, 1908, to summon and enforce the attendance of witnesses and to compel the production of documents by them.

            (5) Government may, on ground of inefficiency, misconduct or for any other good and sufficient reasons, as its discretion remove the Presiding Officer or any member or all of them.

            (6) Government may, by notification, frame rules providing for.—

(a)   the method of filling the vacancies caused by removal, resignation or incapacity of the Presiding Officer or members;

(b)   the employment by the Presiding Officer of such ministerial staff as may be necessary to carry out the work of the Tribunal, and their scales of pay and other conditions of service;

(c)    the emoluments allowances to be paid to the Presiding Officer and the members;

(d)   the grant of leave, promotion or taking of discip­linary action by the Presiding Officer in respect of the ministerial staff under him; and

(e)    generally for the conduct of business before the Tribunal.

(7) For the purpose of the award to be made by the Tribunal under the Land Acquisition Act, 1894, the following 1894 rules shall apply, that is to say—

(a)   if there is disagreement between the Presiding Officer and members of the Tribunal regarding measurement of land, or the amount of compensa­tion, the opinion of the majority shall prevail;

(b)    the decision on question of law and procedure shall rest solely with the Presiding Officer;

(c)    the Presiding Officer shall not be bound to consult the members as regards the determination of persons to whom compensation is to be paid, or apportionment thereof and may, in his discretion dispose of any such question singly and in that case his decision shall be deemed to be the deci­sion of the Tribunal.

(8) Every award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition  Act,   1894, and shall be enforced by the Court of the Senior Civil Judge or Senior subordinate judge, as the case may be, of the District in which the land under acquisition is situated as if it were the decree of that court.,

Tribunal.

46.       (1) Subject to the   provision of sub-section (2) an   appeal shall lie to the High Court in any of the following cases, namely :—

(a)   where the decision is that of the Presiding Officer of the Tribunal sitting alone in pursuance of clause (c) of sub-section (7) of section 45;

(b)   where the decision is that of the Tribunal; and

(i)     the Presiding Officer of the Tribunal grants a certificate that the case is a fit one for appeal; or

(ii)   the High  Court grants special leave to appeal:

Provided that the High Court shall not grant such special leave unless the Presiding Officer has refused to grant a certificate under sub-clause (i) and the amount in dispute is not less than ten thousand rupees.

(2) An appeal under clause (b) of sub-section (I) shall lie only on one or more of the following grounds, namely:

(i)     the decision being contrary to law or to some usage having the force of law;

(ii)   the decision having failed to determine some material issue of law or usage having the force of law;

(iii) a substantial error or defect in procedure which may possibly have produced error or defect in the decision of the  case  upon merits.

            Subject to the foregoing provisions, the provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees shall, so far as may be, apply to appeals under this section.

            (4) Every order passed by the High Court on appeal under this section shall be enforced by the Court of the Senior Civil Judge [8][       ] within the limits of whose jurisdiction the award or order appealed from was made, as if it were a decree of that Court.

            (5) An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, 1908, within the meaning of Article 156 of the First Schedule to the Limitation Act, 1908.

Appeals.

47.       (1) An owner of land comprised in any scheme sanctioned by Government or any other person having interest therein, may apply to the Trust that the acquisition of land which is not required for the Execution of the scheme be abandoned. The Trust 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, 1894,. If the application is admitted, the Trust 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  re-opened until so desired by the Trust.

            (2) The Trust may, in its discretion, allow such application on payment of such fee and fulfillment of such terms and conditions as it may impose in this behalf.

            (3) If any application under sub-section (1) is rejected by the Trust or the fee imposed under sub-section (2) is not paid by the person concerned within the period specified in that behalf by the Trust, the Trust shall intimate the fact to the Collector who shall take up the proceedings for acquisition of the land from the stage at which they had been stayed.

Abandonment of acquisition.

48.       (1) When by the execution of any scheme any land in the area comprised therein or adjoining it which is not required for the execution thereof will in the opinion of the Trust, be increased in value or will obtain benefit from the execution of the scheme the Trust may, while framing the scheme, provide that in lieu of acquisition of such land a development fee shall be paid by the owner thereof or any person having interest therein.

            (2) The Trust may at any time after the sanction of the scheme under section 28 by resolution declare that for the purpose of levy of development fee the scheme shall be deemed to have been executed and shall thereupon proceed to assess the demand in accordance with the rules framed by Government under sub­section (4).

            (3) In fixing the amount of development fee to be charged in respect of any land or class of land, the Trust shall also take into consideration the actual expenditure incurred in 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) Government may frame rules providing for—

(a)   the manner in which the demand for the develop­ment 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 Trust of a satisfactory and sufficient security in lieu of immediate payment of development fee by an owner of land or any person interested therein;

(c)    the mode by which the development fee shall be realised and the number of installments to be allowed in this connection and interest chargeable on balances outstanding from time to time; and

(d)   the mode of preferring appeal from assessment by the Trust and the authority to which the appeal shall lie.

Development Fee.

49.       If any land in respect of which any payment has been acce­pted under the provisions of section 47 or section 48 be subsequently required for any of the purposes of this Ordinance, the payment or any other act done in connection therewith under the rules framed under sub-section (4) of section 48 shall not be deemed to prevent the acquisition of the land in pursuance of afresh declaration under section 6 of the Land Acquisition Act, 1894.

Fresh acquisition.

50.       (1) There shall be a fund to be known as "Trust Fund" vested in the Trust, which shall be utilised by the Trust to meet charges in connection with its functions, under this Ordinance, including, the salaries and other remunerations of the Chairman, Trustees and the Presiding Officer and members of the Tribunal and any officers and servants duly appointed under this Ordinance.

            (2) All sums   received   by the   Trust   shall   forthwith be credited to the Trust Fund.

Trust Fund.

51.       The Trust may, with the previous sanction of Government, levy in any local area or part thereof, any tax, fees, cesses or tolls on roads, land and buildings which Government has power to impose.

Power to levy tax.

52.       (1) Government may allow any grant-in-aid to the Trust for carrying out its duties and functions under this Ordinance.

            (2) Any Local Body may, and when so required by Govern­ment shall, grant such amount of money to the Trust as may be specified.

Grants in aid.

53.       The Trust shall be deemed to be a local authority under the Local Authorities Loans Act, 1914, for the purpose of borrowing  money  under that Act, and the making and execution of any scheme under this Ordinance shall be deemed to be a work which the Trust is legally authorised to carry out.

Power of the Trust to borrow money.

54.       (1) In places where these 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 Trust shall be kept in such treasury, sub-treasury or bank. In other places such moneys shall be kept in such custody as may be prescribed.

            (2) Nothing in the foregoing provisions of this section shall be deemed to preclude the Trust from investing any such moneys as are not required for immediate expenditure, in any of the Govern­ment securities and loans or placing them in fixed deposit with a bank approved by Government.

Custody and investment of Trust Fund.

55.       If any money borrowed under section 53 or any interest or cost due in respect thereof is or are not repaid according to the conditions of the loan, Government shall itself make such payment and may attach the rents and other income of the Trust; and thereupon the provisions of section 5 of the Local Authorities Loans Act, 1914, shall, with all necessary modifications, be deemed to apply.

Procedure the Trust fails to make any payment in respect of loans.

56.       Government may further impose or increase a tax on the annual value of buildings or land situated within the local area and enhance the rate of land revenue and Abiana within the local area to such extent as may be necessary for the purpose of recovery of a payment made under section 55.

Procedure if the Trust fails to make any payment due to Government.

57.       All moneys paid by Government on behalf of the Trust shall constitute a charge upon the property of the Trust.

Payment by Government to be a charge on the property of the Trust.

58.       All funds of the Trust shall be operated upon by the Chairman through Personal Ledger Account System with the Government treasury or bank as prescribed under section 54, and all payments will be made through cheques.

Operations and audit of funds.

59.       (1) The Trust shall maintain complete and accurate books of accounts in such form as may be prescribed.

            (2) The accounts of the Trust shall be audited annually by the Local Audit Office or such other office as may be appointed by Government, from time to time.

Account books to be maintained by the Trust.

60.       The Trust shall submit to Government, by the prescribed date, a statement of estimated receipts and expenditure in respect of each financial year for approval by Government.

Statement of receipts and expenditure to be submitted to Government.

61.       (1) In addition to the power conferred  by  any  other provisions of this Ordinance, Government may, by notification in the Official Gazette, make rules consistent with this Ordinance on all or any of the following matters, namely:—

(i)        regulating the conduct of business at a meeting of the Trust or Committee;

(ii)      constituting of Committees charged with specific functions;

(iii)    prescribing the authority of the basis of which money may be paid from the Trust Fund;

(iv)     fixing the fees payable for copies of, or extracts from, the   records furnished by the Chairman;

(v)       terms and   conditions   of officers and servants of the Trust;

(vi)     the accounts to be kept by the Trust, the manner in which such accounts shall be audited and published and the powers of the auditors in respect of disallowance and surcharge;

(vii)   the authority by which, the conditions subject to which, and the mode in which contracts may be entered into and executed on behalf of the Trust;

(viii)    the preparation of estimates of income and ex­penditure of the Trust and the authority by which, and the conditions on which such estimates may be sanctioned;

(ix)        establishing and maintaining a provident or annuity fund for compelling all or any of the officers in service of the Trust orof the Tribunal (other than any servant of Government in respect of whom a contribution is paid under section 81) to contribute , to such fund at such rates and subject to such conditions as may be prescribed by such rules;

(x)          determining the conditions under which the officers and servants of the Trust or of the Tribunal, or any of them, shall,    on retirement, receive gratuities or compassionate allowances;:

            Provided that it shall be at the discretion of the Trust or of the Presiding Officer 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;

(xi)     regulating the grant of subsidies to the Trust by Government, the conditions under which they may be earned or forfeited and the arrangements for their repayment; and

(xii)   generally on all  matters connected with the carrying out of the  provisions of this Ordinance.

Power of Government to make rules.

62.       The Trust may, from time to time, with the previous approval of Government and consistent with this Ordinance and the rules made there under make bye-laws.—

(i)        for fixing the amount of security to be furnished by any officer or servant of the Trust from whom it may be deemed expedient to require security;

(ii)      for regulating the delegation of powers or duties of the Trust to Committees or to the Chairman;

(iii)    for the guidance of persons employed by the Trust under this Ordinance;

(iv)     for the management, use and regulation of dwellings constructed under any scheme; and

(v)       generally for discharging the functions and responsibili­ties of the Trust under this Ordinance.

Power of the Trust to make bye laws.

63.       The Chairman shall cause the bye-laws made under section  62 to be printed and shall cause printed copies thereof to be delivered to any applicant on payment of such fees as may be prescribed.

Printing and sale of copies of bye laws.

64.       Government may, at any time, of its own motion or on the recommendation of the Trust after previous publication of its intention, amend, alter or annul any bye-laws or a part thereof, made by the Trust under section 62.

Power of Government to cancel bye-laws made under section 62.

65.       Every notice or bill issued by the Trust under this Ordinance shall be signed by the Chairman, or by any other Trustee or any officer or servant of the Trust specially or generally autho­rized by the Trust or so authorised by the Chairman under sub­section (1) of section 13, and every such notice or bill shall be deemed to be properly signed, if it bears the facsimile of the signature of the Chairman or such Trustee, officer or servant stamped or printed thereon.

Stamping and signing on notices or bills.

66.    Subject to the provisions of this Ordinance, every public notice required under this Ordinance shall be deemed to have been duly   given if   it is   published in  some  newspaper  and  posted upon a notice board to be exhibited for public information at the building in which the meetings of the Trust are ordinarily held.

Method of giving public notices.

67.       (1) Every notice other than a public notice, and every bill issued under this Ordinance shall, unless it is otherwise expressly provided under this Ordinance, be served or presented—

(a)   by giving or tendering the notice or bill, or sending it by registered post, to the person to whom it is, addressed; or

(b)   if such person cannot be found, then 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 last known place of his residence or the building or land to which it relates.

            (2) When a notice is required or permitted under this Ordinance  to be served upon an owner, occupier or tenant, as the case may be, of a building or land it shall notbe necessary to name the owner, occupier or tenant therein, and the service thereof, in a case not other-wise specifically provided for in this Ordinance, shall be effected— 

(a)   by giving or tendering the notice, or sending it by post, to the owner, occupier or tenant, or if there be more owners, occupiers or tenants than one, to any one of them; or 

(b)   if such, owner, occupier or tenant cannot be found, then by adopting the procedure as laid down under clause (b) of sub-section (1). 

            (3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult member or servant of his family ordinarily residing with him shall be deemed to be service upon the minor.

Service of notice.

68.       When under this Ordinance or a notice issued there under the public or any person is required to do or to refrain from doing,, anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other section, be liable on conviction by a  Magistrate 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 when the notice fixes a time within which a certain act is to be done and no time is specified in this Ordinance, it shall rest with the Magistrate to determine whether the time so fixed was a reasonable time within the meaning of this Ordinance.

Disobedience to Ordinance or to notice.

69.       If a notice has been given by the Trust under this Ordinance to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do or refrain from doing anything within a time specified in the notice and if such person fails to comply with such notice, then the Trust may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by  it on such account from the said person.

Power of the Trust to execute works on failure to comply with notice.

70.       (1) If the person to whom the notice mentioned in section 69 has been given is the owner of the property in respect of which it is given, the Trust may (whether any action or other proceedings has been brought or taken against such owner or not) require the occupier or tenant (if any) of such property or a part thereof under such owner, to pay to the Trust 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 69; and any such payment made by the occupier or tenant to the Trust 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 Trust 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 whole of the expenses as if he were the owner.

Liability of occupier to pay in default of owner.

71.       Whenever an owner of a building or land in the local area defaults in the execution of a work required to be done under this Ordinance in respect of the said building or land, the occupier or tenant thereof, shall cause completion or execution of such work with the approval of the Trust and expenses thereon shall be paid by the owner; or the amount shall be deducted by the occupier or tenant out of the rent from time to time becoming due from him to such owner.

Right of occupier to execute work in default of owner.

72.       (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 issued under this Ordinance the occupier or tenant refuses to allow such owner to take  such action, the   owner may apply to Magistrate.

            (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 works with respect to such building or land, as may be necessary for compliance with the notice and may also if he deems fit, order the occupier or tenant to pay to the owner the costs relating to such application or order. 

            (3) If, after the expiration of eight days from the date of the Magistrate's order, 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 twenty-five rupees for every day during which he has so continued to refuse. 

            (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.

Procedure upon opposition to execution by occupier.

73.       When the occupier or tenant of a building or land has, in compliance with a notice issued under this Ordinance 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.

Recovery of cost of work by the occupier.

74.       (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 Ordinance, be bound to discharge any obligation imposed by this Ordinance on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose.

            (2) When an agent or trustee has claimed and established his right to relief under this section, the Trust may give him notice to apply to the discharge of such obligation as aforesaid the moneys which come to his hand 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.

Relief to agents and trustees.

75.       If any person, without lawful authority —

(a)      removes any fence or any article used for propping or supporting any building, wall or other thing, or removes or existinguishes any light set up at any place where the surface of a street or other ground has been opened or broken up by the Trust for the purpose of carrying out any work; or

(b)      infringes any order given, or removes any bar, chain or post fixed by the Trust for the purpose of closing any street or traffic,

he shall be punished with fine which may extend to one hundred rupees.

Penalty for removing fence etc.

76.       If any person—

(a)   obstructs or molests any person with whom Trust has; entered into a contract under this Ordinance in the performance or execution  of the  contract by such person; or

(b)    removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Ordinance, he shall be punished with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months.

Recovery of cost of work by the occupier.

77.       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 Trust, to which he has no right or title, the Chairman or any person authorised by him, in addition to any other powers he may possess, may forthwith, with the use of such force as may be necessary, and without payment of any compensation there for, re-enter upon the land, and, on behalf of the Trust, resume possession of the land including crops, trees and buildings standing thereon.

Power of trust in case of squatters and trespassers.

78.       If any person,   without   permission of the Chairman—

(a)   clears or breaks up for cultivation or cultivates any land or occupies, possesses or puts to any use any land or building which is owned by or is in possession of the Trust and is not included in any tenancy or allocated residential enclosures, or which has been set a part for the common purpose of a town or a village community or section of the same or for a road, canal or water­course; or

(b)   erects any   building on any such land ; or

(c)    fells or otherwise destroys trees standing on such land;    or

(d)   otherwise  encroaches   on any  such land; or

(e)    makes any excavation or constructs a water channel on any such land,

he shall be  punished on   conviction by a Magistrate    with   a fine which may extend to two hundred rupees.

Explanation—The felling of trees planted by an owner or tenant on any village road or water-course traversing his holding is not an offence under this section.

Penalty for unauthorized possession cultivation or other uses etc.

79.       When the Chairman is satisfied  that  an act  punishable under section 78 has  been committed he may in lieu of proceeding against the offender under that section or after conviction of the offend under that section.

(i)     in the case of an offence under clause (a) of section 78, confiscate the crops growing on any land cultivated in contravention of this Ordinance or, if the crops have been cut, recover from the offender such sum as he may assess to represent the value thereof;

(ii)   in the case of an offence under clause (c) of section 78, recover such sum as he may assess to represent the value of the tree or trees destroyed;

(iii)  in the case of an offence under clause (b) (d) or (e) of section 78, cause the building or other encroach­ment to be demolished or removed or the excavation of channels to be filled up and realise the cost of so doing from the offender.

Additional power of the Chairman in regard to offernes.

80.       Every   Trustee and every officer and  servant of the Trust, and the Presiding Officer and every member, officer and servant of: the Tribunal, shall be deemed to be public servant within the mean­ing of section 21 of the Pakistan Penal Code.

Trustees members etc deemed public servants.

81.       The Trust shall be liable to pay such contributions for the leave, allowances and pensions of any Government servant employed as Chairman, Trustee or as an officer or servant of the Trust or as Presiding Officer or member or officer or servant of the Tribunal as may be required by the conditions of his service under Government to be paid to him or on his behalf.

Contribution by the Trust to wards leave allowance and pension of Government servants.

82.       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 Ordinance or by agreement made under this Ordinance and the Collector shall thereupon proceed to recover the sum due as if it were an arrear of land revenue.

Recovery of dues.

83.       No court shall take cognizance of any offence punishable under this Ordinance, except on the complaint of the Chairman or some person authorised by the Trust or   by  the  Chairman by general or special  Order   in this behalf.

Authority for prosecution.

84.              The Chairman may, subject to the control of the Trust—

(i)        institute,   defend or   withdraw   from  legal  proceeding under this  Ordinance;

(ii)      compound any offence under this Ordinance;

(iii)    admit, compromise or withdraw any claim made under this Ordinance; an

(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 Trust 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 Trust or any officer or servant of the Trust.

Power of Chairman as to institution etc of legal proceedings and obtaining legal advice.

85.       No suit shall be maintainable against the Trust or any Trustee or any officer or servant of the Trust or any person acting under the direction of the Trust or of the Chairman or of any officer or servant of the Trust in respect of anything which is in good faith done or intended to be done in pursuance of this Ordinance.

Indemnity.

86.       (1) No suit  shall  be instituted  against the  Trust  or  any Trustee, any officer or servant of the Trust or any person acting under the  direction  of the  Trust or of the Chairman or of any officer or servant of the Trust, in respect of an act purporting to be done under this Ordinance until the expiration of two months next after notice in writing has been, in the casa of the Trait left at its office, and in any other case delivered to or left at the office or place of residence 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 residence 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 Trust 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 defendant after such tender.

            (3) No such action as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for declaration of the title thereto, be commenced otherwise than within six months next after the accrual of the cause of action:

Notice of suit against Trust etc.

87.       A copy of any  receipt, plan, notice, order, entry in a register, or other document in the possession of the Trust, shall  if duly certified by the legal keeper thereof or other person autho­rised by the Trust in this behalf be received as prima facie evide­nce of the existence of the entry or document 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 the document would if produced, have been admissible  to prove such matters.

Mode of proof of the Trust records.

88.       No Chairman, Trustee or officer or servant of the Trust shall, in any legal proceedings to which the Trust is not a party, be required to produce any register or document the contents of which can be proved under the last preceding section by a certified copy or to appear as a witness to prove the matters and transac­tions recorded therein unless the court for special reasons so orders.

Restriction on the summoning of the Trust servants to produce documents.

89.       (1) No act done or proceedings taken  under this Ordinance shall be questioned on the ground merely of—         

(a)      the existence of any vacancy in, or any defect in the constitution of, the Trust or any commi­ttee; or

(b)      any person having ceased to be a Trustee, or

(c)       any Trustee or any other member of a committee appointed under this Ordinance, having voted or taken any part in any proceeding in contravention of this Ordinance; or

(d)      the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or

(e)       any omission, defect or irregularity not affecting the merits of the case.

            (2) Every meeting of the Trust, the minutes of the proceedings of which have been duly signed, as provided by or under this Ordinance, shall be taken to have been duly convened and to be free from all defects and irregularities.

Validation of acts and proceeding.

 90.      In any   case not   otherwise expressly provided for in this Ordinance  the Trust  may pay  reasonable  compensation to any person who sustains damage by reason of the exercise of any of the powers vested under this Ordinance in the Trust or the Chair­man or any  officer   or servant of the Trust.

General power of the Trust to pay compensation.

91.       (1) If on account of any act or omission, any person has been convicted of any offence under this Ordinance, and by reason of such act or omission,   damage has occurred to any property of the Trust, compensation shall be paid by the said person for the said damage notwithstanding any punishment which he may have been awarded 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 a fine imposed by it on the person liable there for.

Compensation for damage to Trust’s property.

1.         After clause (e) of section. 3 of the said Act the following shall be deemed to be inserted, namely:—

            "(ee) The expression "local authority" includes the [9][omitted] Hazara Hill                            Tract Improvement Trust constituted under the West Pakistan Hill                         Tract Improvement Ordinance, 1961."

Amendment of section 3.

2.         (1) The first publication of notice of any improvement scheme under section 23 of this Ordinance shall be substituted for and have the same effect as publication, in the Official Gazette and in the locality, of a notification under sub-section (1) of section 4 of the said Act, except where a declaration under section 4 or section 6 of the said Act has previously been made and is still in force.

             (2) Subject to the provisions of clauses 10 and 11 of this Schedule, the issue of a notice under sub-section (1) of section 19 in the case of land acquired under that sub-section, and in any other case of the publication of a notification under section 29 shall be substituted 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.

Notification under section 4 and declaration under section 6 to be replaced by notification under section 23 and 29 of this Ordnance.

3.         The full-stop at the end of section  11 of the said Act shall be deemed to be changed to a semi-colon, and the following shall be deemed to be added, namely:— "and

(iv)     the costs which in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of section, 23, as having been actually and reasonably incurred bysuch person in preparing his claim and putting his case before the Collector.

The Collector may disallow, wholly or in part costs incurred by any person if he considers that the claim made by such person for compensation is extrava­gant."

Amendment of section 11.

4.         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.

Amendment of section 15.

5.         (1) In sub-section (3) of section 17 of the said Act after the figures"24" the words, figures, and letter or section 24-A" shall be deemed to be inserted.

            (2) To the said section 17 the following shall be deemed to be added, namely:—

            "(5)      Sub-section (1) and (3) shall apply also to an area certified to be                              unhealthy by any Magistrate of the first class.

            (6)        Before granting any such certificate, the Magis­trate shall cause                                notice to be served as promptly as may be on the persons referred to                         in sub­section (3) of section 9, and shall hear without any avoidable                         delay any objections which may be urged by them.

            (7)        When proceedings have been taken under this section for the                                   acquisition pf any land, and any person sustains damage in                                      consequence of being suddenly dispossessed of such land,                                       compensation shall be paid to such person for such dis-possession.".

Amendment of section 17.

6.         After section 17 of the said Act the following shall be deemed to be inserted, namely:—

            "17-A.   In every case referred to in section 16 or section 17 the Collector                           shall, upon payment of the cost of acquisition, make over charge of                         the land to the Trust and the land shall there upon vest in the Trust                         subject to the liability of the Trust to pay any further costs which                            may be incurred on account of its acquisition.".

Transfer of land to Trust.

7.         The full-stop at the end of sub section (1) of section 18 of the said Act shall be deemed to be changed to a comma, and the words "or the amount of the costs allowed" shall be deemed to be added.

Amendment of section 18.

8.         After the words “amount, of compensation'" in clause (c) of section 19 of the said Act, the words "and of costs (if any)" shall be deemed to be inserted.

Amendment of section 19.

9.         After the words "amount  of the compensation” in clause (e) of section 20 of the said Act, the words "or costs" shall be deemed to be inserted.

Amendment of section 20.

10.       (1) in clause First and clause sixthly of sub-section (1) of section 23 of the said Act, for the words "publication of the notification under section 4, sub-section (1) "and the words" publication of the declaration under section 6" shall be deemed to be substituted—

(a)    if the land is being acquired under sub-section (2) of section 19 of this Ordinance, the words "issue of the notice under sub-section (2) of section 19 of the West Pakistan Hill Tract Impro­vement Ordinance, 1961" and

(b)    in any other case, the words "first publication of the notification under section 23 of the West Pakistan Hill Tract Improvement Ordinance 1961".

            (2) At the end of clause First of sub-section (1) of section 23 of the said Act, as modified the following proviso shall be deemed to be added, namely :—

            “provided that for all schemes prepared within a period of three years from             the coming into force of the [10][ .....] Hazara Hill Tract Improvement             Ordinance, 1961, the date shall be deemed to be the date of enforcement of             the said Ordinance”.

(3) The full stop at the end of sub-section (2) of section 23 of the said Act shall be deemed to be changed to a colon and the following proviso shall be deemed to be added:—

"Provided that this sub-section shall not apply to any land acquired under the West Pakistan Hill Tract Improvement Ordinance, 1961."

            (4) At the end of section 23 of the said Act, the following shall be deemed to be added, namely:—

                        "(3)      For the purposes of clause first of sub-section (1) of this                                           section—

(a)   the market-value of the land shall be the market-value according to the use to which the land was put at the date with reference to which the market-value is to be determined under that clause;

(b)   if it be shown that before such date, the owner of the land had in good faith taken active steps and incurred expenditure to secure a more pro­fitable use of the same, further compensation based on his actual loss may be paid to him;

(c)    if any person without the permission of the competent authority has erected, re-erected, added to or altered any building or wall so as to make the same project beyond a street alignment or building line duly prescribed by the said authority then any increase in the market-value resulting from such erection, re-erection, addition or alteration shall be disregarded;

(d)   if the market-value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the aforesaid date, such increase shall be disregar­ded unless it be proved that the improvement so made was made in good faith and not in contem­plation of proceedings for the acquisition of the land being taken under the West Pakistan Hill Tract Improvement Ordinance, 1961, or any other law;

(e)    if the market-value is specially high in conse­quence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market-value shall be deemed to be the market-value of the land if put to ordinary use; and

(f)     when the owner of the land or building has, after the promulgation of the West Pakistan Hill Tract Improvement Ordinance, 1961, and within two years preceding the date with reference to which the market-value is to be determined, made a return under any enactment in force of the rent of the land or building, shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market-value may be determined on the basis of such rent; provided that where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market-value was to be determined the Court may take into consideration and increase in the letting-value of the land due to such addition or improvement.".

Amendment of section 23.

11.       For clause seventhly of section 24 of the said Act, the following shall be deemed to be 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 such additions or improvements were necessary             for the mainte­nance of any buildings in a proper state of repair."

Amendment of section 24.

12.       After  section 24 of the  said Act the   following shall be deemed to be inserted, namely:

            "24-A. In determining the amount of compensation to be awarded for any land acquired for the Trust under this Act, the Tribunal shall also have regard to the following provisions, namely:—

(a)   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.

(b)   If, in the opinion of the Tribunal, any building is in a defective state, from a sanitary point of view, or is not in a reasonably good state of repair, the amount of compensation for such building shall not exceed the sum which the Tribunal considers the building would be worth if it were put into a sanitary condition or into a reasonably good state of repair, as the case may be, minus the estimated cost of putting it into such condition or state.

(c)    If, in the opinion of the Tribunal 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, minus the cost of demolishing the building.".

Further provisions for determining compensation.

13.       (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 cost (if any)" shall be deemed to be inserted.

            (2) After the words "any compensation" in the concluding proviso to sub-section (2) of section 31 of the said Act, the words "or cost" shall be deemed to be inserted.

Amendment of section 31.

14.       After section 48 of the said  Act,  the  following shall be deemed   to be   inserted,   namely:—

Insertion of section 48-A.

            "48-A. (1) If within a period of two years, from the date of the publication             of the declaration under section 6 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 of 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 this Act shall apply, so far as may be, to the             determination of the compensation payable under this section.".

Compensation to be awarded when land not acquired within two years.

15.       After sub-section (I) of section 49 of the said Act, the follow­ing shall  be deemed to be inserted, namely:—

            "Explanation-—For the purposes of this sub­section 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."

Amendment of section 49.