Provincially Administered Tribal Areas Skiing-cum-Tourist Resort Project (Control on Mushroom Construction and Prevention of Speculation in Land Regulation, 1983.
Download FeedBackDepartment: | Home & Tribal Affairs Department | ||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Main Category: | Regulation | ||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Tribal Area | ||||||||||||||||||||||||||||||||||||||||||
Year | 1983 | ||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 07-06-1983 | ||||||||||||||||||||||||||||||||||||||||||
Details: | THE PROVINCIALLY ADMINISTERED TRIBAL AREAS SKIING CUM-TOURIST
RESORT PROJECT (CONTROL ON MUSHROOM CONSTRUCTION AND PREVENTION OF SPECULATION
IN LAND) REGULATION, 1983.
[07 JUNE, 1983]. A REGULATION CONTENTS PREAMBLE SECTIONS: 1.
Short title, extent and commencement. 2.
Definitions. 3.
Appointment of collector , his status and
duties. 4.
Bar on construction. 5.
Bar on alienation of project land. 6.
Annulment of certain alienation. 7.
Valuation of land in the project area. 8.
Power of Government to revise valuation. 9.
Power of Government to revaluate lands. 10.
Difference between the two valuation to be debt
payable by the owner. 11.
Debt to be recoverable as an arrear of land
revenue. 12.
Acquisition of land by Government 13.
Alienation made of contravention of the
Regulation to be null and void. 14.
Power to Government to call for and examine the
records. 15.
Bar of jurisdiction. 16.
Power to make rules. 17.
Power to removal difficulties. 18.
Savings. 19.
Punishment for obstruction in the execution of
the project 20.
Effect on other enactments. THE PROVINCIALLY ADMINISTERED TRIBAL AREAS SKIING CUM-TOURIST
RESORT PROJECT (CONTROL ON MUSHROOM CONSTRUCTION AND PREVENTION OF SPECULATION
IN LAND) REGULATION, 1983.
[07 JUNE, 1983]. A REGULATION
AND
WHEREAS considerable purchases of land of speculative character are likely to
be made in the area; AND
WHEREAS it is necessary that Government should control the area, the
construction of buildings thereon and the alienation of land; AND
WHEREAS the Governor of a Province, with the prior approval of the President,
may with respect to any matter within the legislative competence of the
Provincial Assembly, make regulations for a Provincially Administered Tribal
Area or any part thereof; NOW,
THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and
in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier
Province,
with the prior approval of the President, is pleased to make the following
Regulation:
(2) It
shall extend to such areas and villages in Swat District as Government may,
from time to time, by notification in the official Gazette, specify. (3) It
shall come into force at once.
(a)
"alienation" includes
sale, mortgage, lease, gift and exchange, but shall not include alienation of
land in lieu of dower; (b)
"Collector" means a
Collector appointed under section 3; (c)
"Commissioner" means the
Commissioner, Malakand Division; (d)
"Government" means the
Government of the North-West
Frontier Province; (e)
"prescribed" means
prescribed by rules made under this Regulation; (f)
"project area" means the
areas and villages to which this Regulation for the time being extends;
and (g)
"project land" or
"land" means land in the project area.
(2) The
Collector so appointed shall perform such duties and exercise such powers as
may be prescribed. (3) The
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 (Act V of 1860).
(2) Every such alienation shall be
speculative in character— (a)
if made in favour of a non-resident
of the revenue estate concerned, irrespective of the area of the land involved,
or (b)
if made in favour of a resident of
the revenue estate concerned, when the total area involved is more than five
kanals of irrigated land or more than ten kanals of un-irrigated land. (3) Upon the commencement of this Regulation
or upon the determination of issues under clause (1), as the case may be, the
alienated land shall immediately vest in Government. (4) Government shall pay such consideration
to the alienee as may be determined by the Collector. (5) The Collector shall, after hearing the
alienor and the alienee and after making such inquiry as he may deem fit,
determine the consideration, and while doing so, he shall be guided by the
principles laid down in clause (2) of section 7. (6) Upon an application made to the
Collector, and upon deposit of such consideration in favour of the Government
or in favour of the alienee, as the case may, be within a period of two years
from the date of order under clause (5), the Collector shall order and the
Government shall transfer the alienated land to the alienor. Explanation
1.—For the purpose of this Regulation, the expression "consideration"
means— (a)
in case of sale, sale price; (b)
in case of lease or mortgage, the
lease or mortgage money; and (c)
in case of exchange, the market
price of the land. Explanation
II.—For the purpose of this Regulation, the expression "alienor"
means the person who was owner of the alienated land before the first day of
May. 1980.
(2) For the purpose of determining the value
of land, the Collector shall consider the following among other matters as
evidence of such value:— (a)
the price or value actually
received by the vendors from the vendees in the sale of the project lands
during the year of transaction; (b)
the estimated amount of the average
annual net assets of the land; (c)
the land revenue, if any, assessed
upon the land; and (d)
the value of the land as shown in
mortgages during the year of transaction. (3) Subject
to the provisions of section 8, valuation of land fixed by the Collector shall
be final.
(2) Government may dispose of any project
land which it owns or which it acquires by purchase, in any manner it thinks
fit.
(2)
No suit or other proceeding shall
lie against Government for anything done or purported to be done under this
Regulation or any rule made thereunder. (3)
No suit, prosecution or other
proceeding shall lie against any officer or servant of Government for any act
done or purported to be done by such officer or servant under this Regulation
or any rule made thereunder, without the previous sanction of Government. (4)
No suit, prosecution or legal
proceeding shall lie against any officer or servant of Government for anything
which is in good faith done or purported to be done in pursuance of this
Regulation or any rules made thereunder.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for— (a)
the opening and maintenance of a
common register for the project area, showing the owner-ship, and changes in
the ownership of lands therein and any other particulars which may be deemed
necessary; (b)
the penalties which may be imposed
for contravention of any of the provisions of this Regulation and the authority
which may impose such penalties, provided that penalty shall not, in any one
case, exceed one thousand rupees; and (c)
generally regulating the procedure
to be followed and the forms to be adopted in proceeding under this Regulation
fixing the time within which such proceeding shall be initiated. (3) All rules made under this section shall
be published in the official Gazette.
(a)
at a sale held by any civil,
revenue or criminal Court in execution of a decree or order; or (b)
by, Government or by an Agricultural
Development Bank ;
or (c)
at a sale conducted under any law
for the time being in force for recovery of any revenue due to Government or of
any sum recoverable as an arrear of land revenue; or (d)
by exchange in accordance with any
scheme made or approved by Government: Provided
that in cases falling under clauses (c) and (d) the Court which, or the officer
who, ordered the land to be sold, may of its or his own motion or on the
application of Government or any party to the proceedings, set aside the sale,
if the court or officer is satisfied that the sale was a collusive transaction
or was made with a view to defeat or evade the provisions of this Regulation.
|