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The West Pakistan Survey and Rectangulation of Lands Ordinance, 1959

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Department: Board of Revenue
Main Category: Ordinance
Specific Category Name: Land
Year 1959
Promulgation Date: 01-06-1959
Details:

THE WEST PAKISTAN SURVERY AND RECTANGULATION LANDS ORDINANCE, 1959

(W.P. Ordinance No.XXXIV of 1959)

CONTENTS


SECTIONS

  1. Short title, extent and commencement.
  2. Power to direct survey and rectangulation.
  3. Assessment and recovery of costs.
  4. Penalty.
  5. Indemnity.
  6. Bar to jurisdiction of Civil Courts.
  7. Power to make rules.

 

 

 

 

 

 

 

 

 

 

 

THE WEST PAKISTAN SURVERY AND RECTANGULATION LANDS ORDINANCE, 1959

(W.P. Ord No. XXXIV of 1959)

                                                                                                            [1stJune, 1959]

AN 
ORDINANCE
to provide for the survey and rectangulation of lands.

            WHEREAS it is expedient to make provision for carrying out the survey and rectangulation of land in any area in the Province of West Pakistan:

Preamble.

 

            NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance: —

 

1.         (1)  This Ordinance may be called the West Pakistan Survey, and Rectangulation of Lands  Ordinance, 1959.

 

            (2)  It extends to the whole of the [1][Province of Khyber Pakhtunkhwa] expect the [2][Tribal Areas.]

 

            (3)    It shall come into force in such area and on such date as the Board of Revenue, [3][* * *] may by notification direct.

Short title and extent and commencement.

 

2.         Notwithstanding anything contained in any other law for the time being in force, the Board of Revenue, [4][ * * * ] may, by notification, direct that survey and rectangulation of land in any area be carried out; provided that, as far as possible, the area of an owner’s holding shall not, as a result of such operations, by reduced.

Power to direct survey and Rectangulation.

 

3.         The cost of the survey, and rectangulation operations shall be assessed and recovered from the persons whose holding are affected in such manner as may be prescribed by rules made under this Ordinance:

Assessment and recovery of costs.

 

            Provided that the Provincial Government may remit, in whole or in part, the cost of such operations.

 

4.         Whoever obstructs or prevents any operations under this Ordinance, or fails to comply with any provisions of the rules made thereunder, shall, on a complaint made in writing by any Revenue Officer, be punished with imprisonment which may extend to six months, or with fine which may extend to one thousandrupees or with both.

Penalty.

 

5.         No suit or other legal proceedings shall be maintainable in respect of the exercise of any powers or discretion conferred by this Ordinance or rules made there under, or against any public servant or person duly appointed or authorized under this Ordinance or the rules, in respect of anything in good faith done, or purporting to the done under this Ordinance or the rules.

Indemnity.

 

6.         No Civil Court shall have jurisdiction to entertain any claim, suit or other legal proceedings in respect of any act done in pursuance of the provisions of this Ordinance.

Bar to jurisdiction of Civil Courts.

 

7.         The Board of Revenue, [5][* * *] may frame such rules as may be necessary to give effect to the provisions of this Ordinance.

Power to make rules.

 

 

 

 

 

 

 

 

 

 

 


[1] . In Section 1, in sub-section (2), for the words “Province of West Pakistan” ,subs. by Khyber Pakhtunkhwa Adapt, of Laws Order, 1975 and then subs by the word “Khyber Pakhtunkhwa” vide Khyber Pakhtunkhwa Act No.IV of 2011.

[2].In sub-section (2), of section 1, for the words “Federal Capital and the Special areas” the words Tribal areas” by W.P. Ord. VII of 1964.

[3].In sub-section d(3) in section 2, the words “West Pakistan”, Omitted by Ordinance ibid.

[4]. In sub-section d(3) in section 2, the words “West Pakistan”, Omitted by Ordinance ibid.

 

[5]. In section 7, the words “West Pakistan” Omitted by Khyber Pakhtunkhwa Adapt, of Laws Order, 1975.