Soil Reclamation Act, 1952
Download FeedBackDepartment: | Revenue and Estate Department | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Main Category: | Acts | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Revenue | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Year | 1952 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 14-07-1952 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details: | THE
PUNJAB SOIL RECLAMATION ACT, 1952, (Punjab
Act XXI of 1952) CONTENTS.
SECTIONS. CHAPTER I 1.
Short title, extent and
commencement. 2.
Definitions. CHAPTER II 3.
The Board, a body corporate. 4.
Constitution of the Board and term
of office members. 5.
Power of Government to replace a
member. CHAPTER
III 6.
Meetings of the Board. 7.
Temporary association of members
with the Board. 8.
Constitution and functions of
Committees. 9.
Meetings of Committees. 10.
Appointment of officers, etc. 11.
Recruitment, conditions of service
and disciplinary powers. 12.
Control by Chairman. 13.
Delegation of Powers. 14.
Supply of information and documents
to Government. 15.
Scrutiny of Soil Reclamation
activities of other departments. 16.
Use of mechanical plants of
departments. CHAPTER—IV 17.
Scheme for reclamation. 18.
Publication of notice as to schemes
and supply of documents to applicants. 19.
Notice of proposed acquisition of
land. 20.
Consideration of objections and
application for sanction of scheme. 21.
Government may sanction, reject or
return scheme. 22.
Notification of sanction of scheme. 23.
Alteration of scheme after
sanction. 24.
Merging of different schemes in one
Consolidated schemes. 25.
Passing over of works and services
to owners. 26.
Control over underground water. CHAPTER—V 27.
Notification of Local area. 28.
General Powers. 29.
Power of controlling and letting of
land. 30.
Facility in the movement of
population. 31.
Surveys or contribution
towards their cost. 32.
Power of entry. CHAPTER—VI LAND
AND LEVY OF RECLAMATION FEE. 33.
Modification of Act I of 1984. 34.
Acquisition of land in urgent
cases. 35.
Tribunals. 36.
Appeals. 37.
Abandonment of acquisition. 38.
Reclamation fee. 39.
Fresh Acquisition. CHAPTER—VII 40.
Board Fund. 41.
Board to levy taxes. 42.
Grants-in-aid. 43.
Borrowing of money. 44.
Custody and investment of Board
Funds. 45.
Procedure on failure of the Board
to repay loans. 46.
Recouping of payments made by
Government. 47.
Payment by Government to be a
charge on the property of the Board.
RULES
AND BYE-LAWS. 48.
Power of Government to make rules. 49.
Power of the Board to make
bye-laws. 50.
Printing and sale of copies of
rules and bye-laws. 51.
Power of Government to cancel
bye-laws made under section 49. CHAPTER—IX 52.
Signature on notice, summons,
order, requisition, proclamation or bill. 53.
Method of giving public notice. 54.
Service of notice. 55.
Penalty for disobedience. 56.
Powers of the Board to execute
works on failure to comply with notice, summons, order or requisition. 57.
Liability of occupier to pay in
default of owner. 58.
Right of occupier to execute works
in default of owner. 59.
Opposition to execution by
occupier. 60.
Recovery of cost of execution by
the occupier from owner. 61.
Relief to agents and trustees. 62.
Penalty for removing machinery,
etc. 63.
Penalty for obstructing land
reclamation operations or a contractor or removing mark. 64.
Power of Board in case of squatters
and trespassers and persons in the unauthorised possession of land. 65.
Penalty for unauthorised
cultivation, etc. 66.
[1][omitted]
67.
Members, etc, deemed public
servants. 68.
Contribution by the Board towards
leave, allowances and pensions of Government servants. 69.
Authority for prosecution. 70.
Recovery of dues. 71.
Powers of Chairman as to
institution, etc, of legal proceedings and obtaining legal advice. 72.
Indemnity of acts under the Act. 73.
Notice of suit against the Board,
etc. 74.
Mode of proof of the records. 75.
Restriction on the summoning of the
servants of the Board to produce documents. 76.
Validation of acts and proceedings. 77.
General power of the Board to pay
compensation. 78.
Compensation for damage to Board's
property. 79.
Ultimate dissolution of the Board
and transfer of its assets and liabilities to an Administrator. SCHEDULE
1.
Amendment of section 3. 2.
Notification under section 4
and declaration under section 6 to be replaced by notification
under sections 18 and 22 of this Act. 3.
Amendment of section 11. 4.
Amendment of section 15. 5.
New section 16-A. 6.
Amendment of section 17. 7.
Amendment of section 18. 8.
Amendment of section 19. 9.
Amendment of section 20. 10.
Amendment of section 23. 11.
Amendment of section 24. 12.
New section 24-A. 13.
Amendment of section 25. 14.
Amendment of section 31. 15.
New section 48-A. 16.
Amendment of section 49. 17.
Amendment of section 50. 18.
Deletion of section 54.
[2]THE
PUNJAB SOIL RECLAMATION ACT, 1952.
(14th
July, 1952)
CHAPTER—I
(i)
"Board" means the [7][
. . . . . .] Land and Water Development Board] appointed under this Act; [8]
[(ii) "Canal Officer" means an officer defined as such in the Canal and
Drainage Act, 1873 (VIII of 1873) or the Sind Irrigation Act (Sindh VII
of 1879) as may be applicable to the area, and includes any officer appointed
under this Act to exercise all or any of the powers of a Canal Officer; (iii)
"Canal" "Water
Course" and "drainage work" have the same
meanings as are assigned to them respectively in the Canal and Drainage
Act, 1873 (VIII of 1873) or the Sindh Irrigation Act, 1879 (Sindh Act VII of
1879) as may be applicable to the area; (iv)
"Chairman" means
the Chairman of the [9][...]
[10][Land
and Water Development Board] appointed under section 4 of this Act; (v)
"Collector" includes any
officer appointed under this Act to exercise all or any of the
powers of a Collector. (vi)
"Commissioner" includes any officer
appointed under this Act to exercise all or any of the powers of a
Commissioner. (vii)
"Department" means a
department of the [11][*
* *] Government. (viii)
"District" means a
district as fixed for revenue purposes; (ix)
"Government"
means the Government of the [12][Khyber
Pakhtunkhwa]; (x)
"holding" means a
share or portion of an estate held by one land owner or by two or more
land owners jointly; (xi)
"improvement"
means improving or preserving the productive capacity of a
soil; (xii)
"Land" includes land as
defined in clause (a) of section 3 of the Land Acquisition Act, 1894; (xiii)
[13][
* * * ]; (xiv)
"Local area" means an
area to which the provisions of Chapters IV to VI of
this Act have been extended; (xv)
"Local Authority"
has the same meaning as in section 2 of the Local Authorities Loans Act, 1914; (xvi)
"Member" means
members of Soil Reclamation Board appointed under section 4 of this Act; [14][(xvi-A)
"Officer" means an officer of the Board other than the Chairman or a
member]. (xvii) "Prescribed"
means prescribed by rules made by Government under this Act; (xviii) "Reclamation
Fee" means a fee imposed for soil reclamation under this Act; (xix)
[15]["Rent"
includes rent as defined in any Law relating to tenancy for the time being
inforce in the area]. (xx)
"Scheme" means a scheme
framed under this Act. (xxi)
"Secretary" means
Secretary of the Board [16][*
* *]; (xxii) "Sem"
means the rise of sub-soil water table so high that the water actually oozes
out of the land or the land remains constantly damp and where the context so
permits "sem" "sem land" or "sem affected land",
means any land or area affected by "sem" and includes such land or
areas as may by notification be declared as "sem" from time to time (xxiii) [17]["Soil
reclamation" and "reclamation" means rendering thur and sem
lands free from excessive salts and water respectively so as to make them fit
for normal cropping and include— (a) measures
against deterioration of land. (b) total
development of the area with a view to maximizing agricultural production, and
if any, question arises— (1)
Whether any matter comes within the
purview of the terms "soil reclamation" and "reclamation,"
or not, or (2)
as to the extent of reclamation
operations carried out, or required to be carried out in any area, the question
shall be referred to the Board, whose decision shall be final and shall not be
called in question by or before any court]. (xxiv) "Tenant"
includes the predecassors and successors in interest of a tenant; (xxv) the
expression "tree", "timber" and "cattle" have the
meanings respectively assigned thereto in the Forest Act, 1927; (xxvi) "thur"
means salt efforescence at the surface of the land rendering the surface white,
ash coloured, black or brown, or not discoloured but presenting an oily
appearance and where the context so permits "thur", "thur
land" or "thur affected land" means any land or area affected by
thur and includes such land or area as may by notification be declared as
"thur" from time to time; (xxvii) "Tribunal"
means a tribunal constituted under this Act; and (xxviii) "tube-well"
means well worked with electric or thermal power to draw out sub-soil water. CHAPTER—II
(a) Chairman
appointed by Government, who shall not be below the status of Member
Board of Revenue [19][Khyber
Pakhtunkhwa].
(b) Five
members, who shall be secretaries to the Government of [20][Khyber
Pakhtunkhwa] in the Departments of Finance, Irrigation, Agriculture,
Cooperation, Basic Democracies and Local Government. (c) Chairman,
West Pakistan Water and Power Development Authority; and (d) Chairman,
West Pakistan Agricultural Development Corporation.
CHAPTER—III
(b) The
quorum necessary for the transaction of business at an ordinary or special
meeting shall be three, provided that if at any such meeting a quorum is not
present, the Chairman or if he be not present the Secretary subject to such
directions as the Chairman may have given, shall adjourn the meeting to such
other day as he may think fit and the business which would have been brought
before the original meeting, if there had been a quorum present, shall be
brought before and transacted at the adjourned meeting whether there be a
quorum present or not. (c) At
every meeting the Chairman, if he be present, and in his absence such one of
the members present as may be chosen by the meeting, shall preside. (d) All
questions which come before any meeting shall be decided by a majority of the
votes of the members present, the Chairman of the meeting in case of an
equality of votes having a second or casting vote. (e) (i)
Minutes of the proceedings with the names of the members present at each
meeting shall be drawn up and recorded in a book to be kept: for the purpose,
and shall be signed by the person presiding at the meeting within one week of
the meeting to which these relate, and shall at all reasonable times be open to
inspection by any member, and no member shall be entitled to object to
the minutes of any meeting unless he was present at the meeting to which they
relate. (ii) The minutes of a meeting shall
be put at the next meeting and shall be confirmed with such alterations as may
be necessary to bring them in accord with the true facts of the proceedings of
the meeting.
(2) An Officer or person
associated with itself by the Board under sub-section (1) for any particular
purpose, shall have a right to take part in the discussions of the Board
relative to that purpose, but shall not have a right to vote for its decision
and shall not be deemed to be a member of the Board or be entitled even to take
part in discussion regarding any purpose other than the purpose for which he
was associated.
(i)
members; (ii) persons
associated with the Board under section 7; and (iii) other
persons whose services, assistance or advice the Board may desire as members of
such Committees ; provided that no such Committee shall consist of less than
three persons and that at least one of them shall be a member of the Board and
the Secretary shall be ex-officio Secretary of every such Committee.
(2) The Board may— (a) refer
to a Committee for inquiry and report any matter relating to any of the
purposes of this Act; and (b) delegate
to a Committee by resolution and subject to any bye-laws made under section 49,
any of the powers or duties of the Board.
(4) No business shall be
transacted at any meeting of a Committee unless at least two of its members are
present. In the case of want of quorum the Chairman or if he be not present the
Secretary shall proceed under the provisions of the proviso to section 6 (i)
(b).
(2) The Chairman may, in cases
of emergency appoint such officers, advisers or servants on such terms and
conditions as he thinks fit: Provided that every such appointment
shall be reported to the Board without unreasonable delay and shall not
continue beyond six months unless approved by the Board].
(2) The Chairman may likewise
delegate to any member or Officers any of his powers under this Act or the
rules or bye-laws, not being a power delegated to him, by the Board under
sub-section (1)].
The Chairman shall comply with every such
requisition without unreasonable delay.
CHAPTER—IV SCHEMES
AND PROCEDURE TO BE FOLLOWED IN
(i)
The acquisition under the Land
Acquisition Act, 1894, as modified by this Act, of any land or any interest in
land necessary for or affected by the execution of the scheme. (ii)
The acquisition by purchase, lease,
exchange or otherwise of such land or interest therein. (iii) The
retention, letting on hire, lease, sale, exchange or disposal otherwise of any
land vested in or acquired by the Board. (iv) The
relaying of any land comprised in the scheme and reservation of any part
thereof not exceeding one-fifth of the total area for the common purposes of
the village or villages comprised totally or partially in the scheme, and the
redistribution of the rest of the land among the owners of the property
comprised in the scheme, and management of lands reserved for common
purposes. (v)
The layout and construction of
villages including the demolition of the existing buildings by the Board or by
the owners and by the Board in case of default by the owners. (vi) The
provision of facilities for communication including the layout and alteration
of roads, streets, footpaths, bridle paths and waterways. (vii) The
breaking up, cultivation, afforestation or plantation of lands, and the
raising, lowering or reclamation of any land for the production of food-grains,
fruits, vegetables, fuel, fodder and the like and the provisions of means of
irrigation and irrigation channels by the Board or by the owners, and the Board
in default of owners, the cost being recoverable from the owners in the latter
case, if considered justified by the Board. (viii) The
draining of villages and land. (ix) The
provision of a system of drains, open or covered and outfalls for the
improvement of ill-drained lands. (x)
The provision of fisheries, poultry
farms, livestock farms, dairy farms, sheep farms, bee farms, sericulture farms
and the like. (xi) The
installation, management and maintenance of tube-wells and lifting and disposal
of underground waters by other means. (xii) The
doing of all acts intended to promote the health, well being and prosperity of
the residents of a local area, including the soil conservation and preservation
from injury or pollution of rivers and other sources and means of water
supply. (xiii) The
advances to the owners, occupiers or tenants of land comprised in the scheme
upon such term and conditions as may be prescribed under the scheme of the
whole or part of the capital requisite for breaking up and cultivation of land,
construction of water courses, digging drains, laying pipes overground and
underground, sinking of wells, purchase of cattle, agricultural implements,
machinery and seeds and for any purposes subsidiary to agriculture and for
erection of houses, godowns and cattle sheds. (xiv) The
establishment of an insurance fund for insurance on compulsory or voluntary
basis of crops, and cattle, recovery for insurance premia, contribution and
distribution of benefits from the insurance fund subject to the provisions of
any law applicable thereto. (xv) The
execution or carrying out of survey of any scheme or part of the scheme by any
Department on such terms and conditions as may be agreed upon between the Board
and the Government. (xvi) Replacement
of canal water-supply by tube-well or open well in part or whole. (xvii) Carrying
out of research work relating to soil reclamation through any department where
the facilities exist or can be provided for. (xviii) Carrying
out of lining of channels in consultation with the Irrigation Department where
the Board considers such a measure desirable. (xix) All
other matters which the Board with the approval of the Government or the
Government may deem necessary to promote the general efficiency of a scheme or
for the reclamation and improvement of any local area. (xx) Notwithstanding
anything contained in the Canal and Drainage Act, 1873 (VIII of 1873), to provide
for, in a local area.— (a)
the improvement, alteration,
extension or curtailment of any water-course; (b)
the amalgamation or separation of
any irrigation chak; (c)
the transfer of any area from one
source of irrigation to another; (d)
the temporary increase or decrease
of water allowance to any area or total curtailment of water-supply; (e)
the alteration, amendment or
cancellation of any order already in force regarding the distribution of water
on any water-course or the mutual rights or liabilities in respect of the use,
construction or maintenance of a water-course or the issue of a fresh order
superseding any existing order or mutual agreement; (f)
the prohibition of growing of any
crops or laying down any specific crop rotation; (g)
the application of any type and
quantity of manuring whether green, artificial or farm yard; and (h)
the construction of any field
drains and drainage works.
(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 or on which it is proposed to charge a Reclamation Fee and a
general map of the locality comprised in the scheme, may be inspected during
specified hours. (2) The Board
shall— (i) cause
the said notice to be published weekly for three consecutive weeks in the
Official Gazette and in a newspaper or newspapers selected by the Chairman for
the purpose specifying the period which shall not be less than 30 days within
which objections against the scheme will be received; and (ii) send
a copy of the notice to the Deputy Commissioner of each District and the Chairman
of each [29][District
Council] whose area the whole or any part of the locality comprised in the
scheme is situated and ask them to send any representations they may wish to
make within six weeks from the date of the receipt of the copy. (3) The Chairman shall
cause copies of the documents referred in clause (iii) of sub-section (1) to be
delivered to any person applying for the same on payment of such fees as may be
prescribed.
(2) Such notice shall— (a)
state that the Board proposes to
acquire such property or recover a reclamation fee in respect of such property,
for the purposes of carrying out a scheme under this Act, and (b) require
such person, if he objects to such acquisition or recovery of reclamation fee,
to state his reason in writing within a period of 30 days from the service of
the notice. (3) Every such notice shall be
signed by the Chairman or by an officer of the Board authorised by him.
(2)
The application made by the Board to Government under sub-section (1) shall
be accompanied by— (i)
complete plans and details of the
scheme and an estimate of the cost of executing it;— (ii)
a statement of the reasons for
modifications, if any, made in the scheme as originally framed; (iii) a
statement of objections and representations, if any, received under section
18; (iv) a
list of the names of the persons, if any, who have objected under clause (b) of
sub-section (2) of section 19, to the proposed acquisition of their property,
or the proposed recovery of reclamation fee, and a statement of the reasons
given for such objections; and (v)
a statement of the arrangements
made or proposed by the Board for the resettlement or rehousing of persons who
are likely to be displaced by the execution of the scheme.
Provided that; (a)
if any modification is estimated to
increase the estimated net cost of executing the scheme by more than rupees
five lakhs or 20 per cent of the said estimated net cost, whichever is less,
such modification shall not be made without the previous sanction of the
Government, or (b)
if any modification involves the
acquisition , otherwise than by agreement of any land, the acquisition of which
was not included in the scheme sanctioned by the Government or involves the
levy of reclamation fee on land not liable to such fee under the said scheme,
the procedure prescribed in the foregoing sections of this chapter shall, so
far as applicable, be followed as if the modification were a separate scheme.
(3) After publicity of
the notice under sub-section (2) of this section, any owner or occupier of land
who desires to put up any new tube-well or well worked by electricity, steam,
oil or wind power for using underground waters, for any purpose other than
domestic or for watering livestock, shall apply for a licence to the Board. The
Board shall frame rules with the sanction of Government to determine the form of
the licence, its terms and the officers by whom it shall be granted. Such rules
shall provide for a guarantee being obtained from the applicant before issue of
the licence that if in the opinion of the Board his appliance, within six
months of its erection seriously affects any existing use of underground
waters, he will either abandon the licence or any compensation as assessed by
the Collector. (4) No claim or suit
shall lie for damages against the Board, Government or any other person, on
account of any ill-effects on the appliance of the licensee caused by the
construction of a tube-well or the working of any appliance for the removal or
use of underground water if the said appliance is erected or used in the manner
prescribed by the Board. (5) In the area for which the scheme has been
sanctioned, the Board may order any tube-well or well worked by electricity,
steam, oil or wind power, for using underground waters, to be closed down
either temporarily during specified periods of the year or permanently,
provided that such order shall not prohibit the use of underground waters by
any owner or occupier of land for domestic purposes and for watering livestock.
In cases where permanent closing down is ordered, the Board shall either
provide some alternative source of water-supply or award reasonable
compensation. In determining such compensation, regard shall be had to the
diminution in the market value, at the time of making the order of closing
down, of the property in respect of which compensation is claimed and where
such market value is not ascertainable, the amount shall be reckoned at 12
times the amount of diminution of the annual net profits of such property by
the said closing down. (6)
The Collector who will receive the application shall proceed to enquire
into any such claim and to determine the amount of compensation, if any, which
should be given to the claimant and sections 8 to 11 (both inclusive), 25 to 39
(both inclusive), 50 to 56 (both inclusive), of the Land Acquisition Act, 1894,
as modified by this Act shall apply to such enquiries. (7) No claim for
compensation for such permanent closing down of appliances shall be made after
the expiry of one year from the date of the order unless the Collector is
satisfied that the claimant had sufficient cause for not making the claim within
such period. (8) Any owner or occupier of
land who puts up and uses any tube-well or well worked by electricity, steam,
oil or wind power, without a licence after the publicity of the notice under
sub-section (2)of this section or uses such an appliance in contravention of an
order under sub-section (5) shall be charged a special rate for each separate
occasion on which such use is made. The Board with the sanction of Government
may frame rules to fix the amount of such rate and the manner in which it will
be levied. The amount declared to be due shall be payable on the date so
specified and in default shall be recovered as arrears of land revenue and
credited to the Board Fund under the provisions of sub-section (2) of section
40.
POWERS
AND DUTIES OF THE BOARD.
(2) If in the whole or any
part of the areas mentioned in sub-section (1) the Board is of the opinion that
the measures mentioned in section 17 for soil reclamation are necessary and are
in view of the extent of cost beyond the resources of the individual owners or
occupiers, or that the individual owners or occupier neglect or refuse to carry
out the measures required under section 28 (3) (e) the Government on being
moved by the Board may by notification declare that the whole or any part of
that area shall vest in the Board for the purposes of this Act for a period
which shall be specified in the notification and which may be extended by
Government from time to time by notification. Whenever any such notification is
issued all private rights of whatever kind existing in respect of any land
comprising the area specified in the notification shall be suspended. The
Government may lay down the terms and conditions on which the said area shall
vest in the Board.
(2) The Board may enter into and perform all
such contracts as it may consider necessary or expedient for carrying out any
of the purposes of this Act. (3)
Without prejudice to the generality of the powers conferred by the
preceding sub-sections, the Board may— (a)
exercise powers in respect of the
measures stated in section 17 of this Act for any scheme; (b)
grant land vested in the Board to
any person on any condition it thinks fit, and for this purpose issue a
statement or statements of conditions on which the Board is willing to grant
land to tenants:
Provided that no land which nas been vested in the Board for management on
behalf of the Government shall be granted to any person without the statement
of conditions having been approved by the Government: (c)
if satisfied that a tenant has
committed a breach of any condition of the tenancy, after giving the tenant an
opportunity to appear and state his
objections impose on him a penalty not exceeding five hundred rupees or resume
the land so granted:
(d) take
over and reclaim any land on such terms and conditions as may be agreed upon
between the Board and the owner or owners thereof; (e) direct
in respect of any area— (1)
the levelling, terracing and
raising embankments of fields, (2)
the afforestation of such area or
part thereof, (3)
the execution of earthworks in
fields Or ravines, (4)
for the provision and construction
of surface field drains or sub-surface drains, (5)
the draining of streams, (6)
field research, (7)
the permitting by the owners and
occupiers of sitting of tubewells and borings and use of water there from in
place of that of canal, (8)
the execution of such other works
and the sowing of such crops with specific rotation as are necessary in the
opinion of the Board to protect the land from the deteriorating action of salts
or water, sub-soil or otherwise or for the reclamation of such area; [32]["(9)"
Integration of surface and sub-surface irrigation supplies and replacement or
partial replacement of one with the other]. (f)
direct that any work which has been
required to be done by any person under the preceding clause, and which remains
undone shall after due notice to such person and consideration of any objection
raised by him be executed by the Board, and specify the portion in which the
risk and expense of such work shall be borne by such person, or by any other
person who is held by the Board, upon due inquiry after reasonable notice to
him to be responsible for the execution of such work, in whole or in part; (g)
regulate, restrict or prohibit by
general or special order in respect of any area:— (1)
the clearing or breaking up of land for
cultivation, (2)
the quarrying of stone and the
burning of lime or charcoal and extraction of salts, (3)
the admission, grazing, herding,
parking and retention of cattle, (4)
the felling, girdling, lopping,
tapping or burning of any tree, or timber, and (5)
the kindling, keeping or carrying
of any fire; (h)
direct the growing of a particular kind
or type of crops, trees, bushes or grasses in a particular area; (i)
undertake the breaking of land,
planting of trees, construction of water-courses and do all necessary acts to
bring land vested in the Board under cultivation., (j)
advance money either by way of
grant or by way of loan, or partly in one way and partly in other to any person
for the purpose of furthering any of the objects of this Act on such terms and
conditions as to recovery of interest and subject to such terms and conditions
as may be prescribed by the Government; (k)
make arrangements for the marketing
of the produce and manufactures of the local area; (l)
promote and undertake research on
any matter in furtherance of the objects of this Act; (m) take
over temporarily such other land, which may be required to build offtaking and
intaking channels and water-courses for the reclamation of the local area; but
in such a case any disturbance or loss caused to the cultivation of the owner
of such land shall be duly compensated for by the Board, by levying such
special charge on the area benefitted as may be determined by the Board and the
dimensions of the land needed, the position thereof marked on a plan duly
approved by the Board or an officer to whom such powers are delegated shall be
intimated to the owner mentioned in the civil records or ascertained otherwise
as the case may be by sending a written notice per registered post to his last
known address seven days before the work is started; provided that when
the off-taking channel or the intaking water-course is in the opinion of the
Board no more needed for the purpose for which it was constructed, the land
shall be restored to the owner in its previous condition and all expenses
incurred for achieving that condition shall be realised by the Board from the
owner of the area benefitted.
(a) providing
for the terms and conditions on which— (i) land
holders or any class of land holders in a local area shall be let land for
reclamation; or (ii) persons
who at the commencement of this Act were in cultivating possession of agricultural
land may continue in such possession to reclaim land; and (b) specifying
the person or class of persons to whom agricultural land shall be let by land
holders.
(3) On the written application of the Board, any
Magistrate or Police Officer having jurisdiction in the area shall summarily
eject any person who is in cultivating possession of any agricultural land
contrary to the provisions of an order made under sub-section (1) and shall on
similar application summarily restore possession to any person named in the
application and for doing so may use such force as may be necessary for the
purpose. (4) In this section "land-holder"
means any person who in accordance with any law or of any custom having the
force of law has the right to let land for cultivation.
Provided
that no guarantee or subsidy shall be given or made under clause (a) and no
means of locomotion shall be constructed, maintained or worked under clause (b)
without the previous sanction of Government.
special
order of the Chairman may enter upon any land with such men, animals, vehicles,
appliances and instruments as necessary and undertake investigations, surveys
or levels thereon, and dig and bore into the sub-soil, and make and set up
suitable land marks, pillars, levels marks and water gauges, and do all acts
required for the determination of areas and intended lines of works, construct
channels and acquiduct or alter them for securing the flow of water, and do all
other acts which may be necessary in order to carry out all or any of the
objects of the Act:
(a) If
he considers the opening thereof 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:
CHAPTER—VI ACQUISITION,
ABANDONMENT OF ACQUISITION OF LAND AND LEVY OF RECLAMATION FEE.
(2)
After a notification has been issued under
sub-section (1) in respect of any locality the Board 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 Board
and the land shall thereupon, notwithstanding anything contained in the Land
Acquisition Act 1 of 1894, vest absolutely in the Board free from all
encumbrances subject only to payment of compensation under the Land Acquisition
Act, 1894, as modified in the schedule referred to in section 33 of this Act. (3)
The Board 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 17 as soon as may be possible.
(2) The Tribunal shall consist of
three members, namely a President and two Assessors chosen by the Government. (3)
The President of the Tribunal shall be a person qualified to be a Judge
of the High Court. (4) The term of office of the
President and Assessors of the Tribunal shall be three years and they shall be
eligible for a reappointment. (5)
The Tribunal shall be deemed to be the Court and the President shall be
deemed to be the Judge for the purpose of compulsory acquisition under the Land
Acquisition Act No. I of 1894, as modified by this Act. (6)
The President of the Tribunal, shall have the powers of a Civil Court
under the Code of Civil Procedure, 1908, for purposes of contempt of Court
proceedings, to summon and enforce the attendance of witnesses and to compel
the production of documents by them. (7)
The Government may, at its discretion, remove any member of the Tribunal
and appoint any other person in his place. (8)
The Government may, by notification, frame rules providing for— (a) the
emoluments or allowances to be paid to the President and the Assessors of the
Tribunal and other conditions of their service; (b) the
employment by the President of such ministerial staff as is necessary to carry
out the work of the Tribunal, and the fixation of scales of pay of such
staff; (c) the
grant of leave, promotion or taking of disciplinary actions by the President in
respect of the Ministerial staff; and (d) generally
for the conduct of business before the Tribunal . (9) For the purpose of the award to be made by
the Tribunal under the Land Acquisition Act No. I of 1894, the following rules
shall apply, that is to say:— (a) if
there is disagreement between the members of the Tribunal regarding measurement
of land, or the amount of compensation or costs, the opinion of majority shall
prevail; (b) the
decision on questions of law and procedure shall rest solely with the
President, and it shall also be for him to decide whether a matter is a
question of law or not; (c) the
President shall not be bound to consult the Assessors relating to the
determination of persons to whom compensation is to be paid, or apportionment
thereof, and may in his discretion dispose of such question singly and in that
case his decision shall be deemed to be a decision of the Tribunal.
(3) An appeal under this
section shall be deemed to be an appeal under the Code of Civil Procedure, V of
1908, within the meaning of Articles 156 of the First Schedule to the
Limitation Act, IX of 1908.
(2) The Board may,
in its discretion allow such application on payment of prescribed fee and
subject to such terms and conditions as it may impose in this behalf. (3) If any
application under sub-section (1) is rejected by the Board or though the
application is allowed, the fee mentioned in sub-section (2) is not paid or the
conditions are not fulfilled by the person concerned within the prescribed
period, the Board shall intimate the fact to the Collector, who shall take up
the proceeding for the acquisition of the land from the stage at which they had
been stayed.
(2) When by the execution of
any scheme under this Act increase has actually taken place in the value of any
land in the area comprised therein or the expenditure actually incurred on the
execution of the scheme is in the opinion of the Board more than the increase
or expenditure anticipated at the time of assessing the reclamation fee
recovered under subsection (1), the Board may, before restoring the land, levy
and recover in respect of the land such further amount of reclamation fee as it
may consider suitable. (3) In fixing the amount of
reclamation fee to be charged in respect of any land or class of land, the
Board shall also take into consideration the actual expenditure incurred or to
be incurred on the execution of the scheme and the degree to which the land or
any part of the land has or will be benefitted thereby. (4) The Government may frame
rules providing for -- (a) the
manner in which the demand for the reclamation fee shall be assessed and
distributed on the land comprised in the scheme and the person or persons by whome
the fee shall be payable; (b) the
acceptance by the Board of a satisfactory and sufficient security in lieu of
immediate payment of reclamation fee by an owner of land or any person
interested therein; (c) the
mode by which the reclamation fee shall be realised and the number of instalments
to be allowed in this connection and the interest chargeable on balances outstanding
from time to time; and (d) the
mode of preferring appeal from assessment by the Board and the authority to
which the appeal shall lie.
CHAPTER—VII.
(2) All sums received by
the Board shall be credited to the board Fund.
Provided that the Board may exempt any person or class of persons from the
payment of whole or part of any such tax due from him or them on such
conditions as it may impose.
(2) Any local body may, and
when so required by the Government shall, grant such amount of money to the
Board as may be specified in the requisition.
(2) In places where there is
no such treasury or sub-treasury or bank, such money may be kept with a banker
or person acting as a banker, who has given such security for the safe custody
and repayment on demand of the sums so kept as the Government may in each case
deem sufficient. (3) Nothing in the foregoing
provision of this section shall be deemed to preclude the Board from investing
any such moneys as are not required for immediate expenditure in any of the
securities described in section 20 of the Trust Act, II of 1882, or placing
them in fixed deposit with a bank approved by the Government.
CHAPTER—VIII.
(i)
as to the authority on which money
may be paid from the Board Fund; (ii)
for fixing the fees payable for
copies of, or extracts from, the records furnished by the Chairman; (iii)
as to the employment, terms of
service, suspension and removal of officers and servants of the Board and the
conduct of such officers and servants; (iv)
as to the intermediate office or
offices, if any, through which correspondence between the Board and the
Government or Servants of the Government shall pass; (v)
as to the accounts to be kept by
the Board, the manner in which such accounts shall be audited and published,
and the powers of auditors in respect of the disallowance and surcharge; (vi)
as to the authority by whom, the
conditions subject to which and the mode in which contracts may be entered into
and executed on behalf of the Board; (vii)
[36][as
to the preparation of annual estimate of income and expenditure of the Board]. (viii) as
to the returns, statements and reports to be submitted by the
Board; (ix)
to prescribe and define the mutual
relations, to be observed between the Board, other departments and Local
authorities in any matter in which they are jointly interested; (x)
for regulating the grant of leave
of absence, leave allowance and acting allowance to the officers and servants
of the Board; (xi)
for establishing and maintaining a
provident or annuity fund for compelling all or any of the officers in the
service of the Board or of the Tribunal (other than any servant of Government
in respect of whom a contribution is paid under section 69) to contribute to
such fund at such rates and subject to such conditions as may be prescribed by
such rules and for supplementing such contributions out of the funds of the
Board: Provided
that a Government servants, employed as an officer or servant of the Tribunal
as also those who are on deputation to the Board shall not be entitled to leave
or leave allowance otherwise than as may be prescribed by the conditions of his
service under the Government; (xii)
for determining the conditions
under which the officers and servants of Board or of the Tribunal, or any of
them, shall on retirement receive gratuities or compassionate allowances, and the
amount of such gratuities and compassionate allowances, and providing that it
shall be at the discretion of the Board or 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; (xiii) generally
for the guidance of the Board and officers in all matters connected with the
carrying out of the provisions of this Act: (xiv) for
regulating the grant of subsidies to the Board by the Government, the
conditions under which they may be earned or forfeited and the arrangements for
their repayments; (xv)
as to the methods, details and
programmes for reclamation of land under different circumstances,
(i)
for fixing the amount of security
to be furnished by any officer or servant of the Board under the provisions of
this Act; (ii)
for associating persons with the
Board under subsection (1) of section-7; (iii) for
regulating the delegation of powers or duties of the Board to committees or to
the Chairman; (iv) for
guidance of persons employed by it under this Act; (v)
for the management, use and
regulation of dwellings constructed under any scheme under this Act; and (vi) generally
for discharging the functions of the Board under this Act.
(2) Notice of the fact of
copies of rules and bye-laws being obtainable at the said price and of the
place where and the person from whom the same are obtainable shall be given by
the Chairman by advertisement in one or more newspapers selected by him for the
purpose.
CHAPTER—IX.
(a) personally
or by sending it by registered post to the person to whom it is addressed,
or (b) if
such person cannot be found, then by leaving the notice, summons, order,
requisition or bill at his last known place of abode, or 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 building or
land to which it relates.
(a)
personally, or by sending it by
registered post to the owner, occupier, or tenant, or if there be more owners,
occupiers, or tenants, then to any one of them, or (b)
if such owner, occupier, or tenant
cannot be found, then by giving or tendering the notice to an adult male member
or servant of his family ordinarily residing with him or by causing the notice,
summons, order or requisition to be affixed on some conspicuous part of the
building in which the person on whom the notice is to be served resides; or (c) in
the case of a proclamation, in addition to any other mode of proclamation which
may be prescribed by this Act, by beat of drum or other customary method and by
the pasting of a copy thereof on any conspicuous place in or near the property
to which it relates. (3) Whenever the
person on whom a notice, summons, order, requisition or bill is to be served is
a minor, service upon his guardian shall be deemed to be service upon the
minor.
(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 work with respect to such
building or land, as may be necessary for compliance with the notice, order or
requisition and may also, if he deems fit, order the occupier or tenant to pay
to the owner the costs incurred by the source to bring the matter before the
Magistrate and to obtain his order. (3) If, after the expiry of
the period which the Magistrate what should be fix by taking into consideration the nature
any urgency of the work to be executed, the occupier or tenant continues to
refuse to allow the owner to execute such work, occupier or tenants shall be
liable upon conviction to a fine which may extend to fifty rupees per day and
to eviction from the property. The warrant for eviction shall be addressed by
the Magistrate to the officer in charge of the police station concerned, and
shall be complied with without any delay. (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.
(2) When an agent or
trustee has claimed and established his right to relief under this section the
Board may give him notice to apply to the discharge of such obligation as
aforesaid the moneys which come to his hands 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.
he
shall be punishable with fine which may extend to two hundred rupees or with
imprisonment for a term which may extend to two months.
(a) clears
or breaks up for cultivation or cultivates any land which is owned by or vests
in or is in the possession of the Board and is not included in any tenancy or
allocated residential enclosure, or which has been set apart for the common
purposes of a town or a village community or section of the same or for a road,
canal or water-course, the Chairman may confiscate the crops growing on any
land cultivated in contravention thereof or if the crops have been cut, recover
such sum as he may assess as the value of such crop from the offender; or (b) fells
or otherwise destroys standing trees on such land the Chairman may recover such
sum as he may assess as the value of the trees felled or destroyed; or (c) erects
any building on such land or otherwise encroaches on or makes an excavation or
construction of water channel on such land, the Chairman may cause the
building or other encroachment to be demolished or removed or the excavation or
the channel to be filled up and levy the cost of so doing from the
offender. (2) No order shall be passed under sub-section(l)
without giving the person affected an opportunity of beint heard and showing
cause against the proposed order]. [38][66.
. . . . . . ]
SUPPLEMENTAL
PROVISIONS
(2) If the Board 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 the defendant after such tender. (3) No action such as is
described in sub-section (l)shall, unless it is an action for the recovery of
immovable property or for a declaration of the title thereto, be commenced
otherwise than within six months from the date of the cause of action or the
knowledge of the plaintiff, whichever is later:
(a)
the existence of any vacancy in or
any defect in the constitution of the Board or of any committee; or (b)
any person having ceased to be a
member; or (c)
the failure to serve a notice on
any person where no substantial injustice has resulted from such failure; or (d)
any omission, defect or
irregularity not affecting the merits of the case. (2) Every meeting of the
Board, the minutes of the proceeding of which have been duly signed as
prescribed in clause (e) of sub section (1) of section 6 shall be taken to have
been duly convened and to be free from all defects and irregularities.
(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 the fine imposed by it on
the person liable therefor.
(2) From such
date— (a) all
properties, funds and dues which are vested in or realizable by the Board and
the Chairman respectively shall vest in and be realizable by an Administrator
appointed by the Government in this behalf; (b)
all liabilities which are
enforceable against the Board shall be enforceable only against the
Administrator; (c)
for the purpose of completing vhe
execution of any scheme sanctioned under this Act, Which has not been fully
executed by the Board, and of realising properties, funds and dues referred to
in clause (a), the functions of the Board and the Chairman under this Act,
shall be discharged by the Administrator shall keep separate accounts of all
moneys respectively received and expended by him under this Act, shall be
discharged by the Administrator; and (d)
the Administrator shall keep
separate accounts of all moneys respectively received and expended by him urder
this Act, until all loans raised hereunder have been repaid, and until all
other liabilites referred in clause (b) have been duly met. [39][(3)
Government may, at any time remove the Administrator and reconstitute the Board
and thereupon— (a)
all properties, funds and dues
vested in or realizable by the Administrator shall vest in and be realizable by
the Board; (b)
all liabilities enforceable against
the Administrator shall be enforceable only against the Board; (c)
all actions taken by the
Administrator shall be deemed to have been taken by the Board.]
SCHEDULE
(1)
the provision of village sites in
districts in which the Provincial Government shall have declared by
notification in the Official Gazette that it is customary for the Government to
make such provision; (2)
soil reclamation carried out under
the Punjab Soil Reclamation Act, 1952." (ii)
The fullstop at the end of clause (g) shall be replaced by a colon and
the following clauses shall be deemed to have been added after clause
(g):— (h)
"board", means the [40][.
. . . ] [41][Land
and Water Development Board] appointed under the Punjab Soil Reclamation Act,
1952; (i) "net income" shall mean the
income from the land after deducting therefrom the ordinary expenses of
cultivation, land revenue, rates and cesses; and (j) rates and cesses have the same meaning
as given in section [42](9)
of the [43]Land
Revenue Act, 1887.
(2) Proceedings
under section 19 and sub-section (1) of section 20 of the [45][.
. . .] Soil Reclamation Act 1952, shall substitute for and have the same effect
as proceedings under section 5-A of the said Act. (3) Subject to the
provisions of paragraphs 10 and 11 of the schedule, the publication of a
notification under section 22 of the 1[ . . . . .] Soil Reclamation Act 1952
shall substitute 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.
"Any person interested who has not accepted the award of the Board may by
written application to the Collector, require that the matter be referred by
the Collector, for determination of the Court, whether his or its objection be
to the measurement of the land, the amount of compensation, the persons to whom
it is payable or the apportionment of the compensation among the persons
interested or the amount of costs allowed".
(2) Between the word "Collector" and
the full stop at the end of section 20 of the said Act, the words "and the
Board" shall be deemed to have been added. (3) The existing section 20 of the said Act,
shall be numbered as sub-section(1) of section 20, and the following
sub-sections shall be deemed to have been added. "(2) The Board or any
person to whom a notice is issued under clause (b) or (c) of sub-section (I)
may support the award and may also take any cross objection which could have
been taken by making an application for reference provided such objection is
filed within one month from the date of service of notice under this section or
within such further time as the Tribunal may see fit to allow.
(2)
For the existing sub-section (2) of section 23 of the said
Act, the following shall be deemed to have been substituted, namly:— "(2)
For the purposes of clause "first" of sub section (1) of this
section the market value of the land shall be determined on the basis of the
average net income of that land for the five years preceding the date declared
by Government under sub-section (I) of this section:
"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 it is
proved that these were necessary to keep the land in a fit state to command the
profits accruing on the said date and were made in good faith and not in
contemplation of proceedings for compulsory acquisition".
"24-A. In determining the amount of
compensation to be awarded for any land acquired for the Board under the Punjab
Soil Reclamation Act, 1952, the Court shall also have regard to the following
provisions, namely: — (1)
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. (2)
If in the opinion of the Court any
building is in a defective state from a sanitary point of view or is not in a
reasonably good state of repairs, the amount of compensation for such building
shall not exceed the sum which the Court considers the building would be worth
if it were put into a sanitary condition or into a reasonably good state of
repairs as the case may be, less the estimated cost of putting it into such
condition or state. (3)
If, in the opinion of the Court any
building which is used or is intended or is likely to be used for human
habitation is not reasonably capable of being made fitt for human habitation,
the amount of compensation for such building shall not exceed the value of the
materials of the building less the cost of demolishing the building".
"(4)
The Court shall be competent to award an amount less than that awarded by the
Collector, if, after consideration of any reference or cross objection, it is
of the opinion that the amount awarded by the Collector is
excessive".
"48-A. (1) if
within a period of two years from the date of the publication of the
notification under section 22 of the Punjab Soil Reclamation Act, 1952, 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 for 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 the Act shall apply, so far as may
be, to the determination of the compensation payable under this section".
[1] omitted vide W.P ord: No XXXIV of 1965. [2] This
Act was passed by Pb Assembly on 10th May, 1952, assented to by the Governor of
the Pb on 20th June, 1952, and, published in the Pb Gazette (Extraordinary),
dated: 14th July, 1952, pages 299-350. [3] Subs,
for the words "for preventing further demage" by W.P. Ord. No. V of
1964. 3. Omitted by W. P. Ord No. V of 1964. [4] Subs,
for the words "for preventing further demage" by W.P. Ord. No. V of
1964. 3. Omitted by W. P. Ord No. V of 1964. [5] Omitted
by W. P. Ord No. V of 1964. [6] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [7] Subs,
for the words "Punjab Soil Reclamation Board", the words "West
Pakistan Land and Water Development Board" by W.P. Ord. No. V of
1964 and then words West Pakistan Omitted by Khyber
Pakhtunkhwa L. 1975. . [8] Clauses
(ii) and (iii) subs, by W. P. Ord: v of 1964. [9] Subs for the word Punjab Soil..... [10] Subs for the word Punjab Soil..... [11] The
word "Punjab" omitted by West Pakistan Ord:V of 1964. [12] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [13] Clause
(XIII) omitted by W. P. Ord: No. V of 1964. [14] Clause
(XIA) Add by W. P. Ord. V of 1964. [15] Clause
(XIX ) sub. by W.P. Ord. No. V of 1964. [16] In
clause (xxi) the words "appointed under section 4 of this Act"
omitted by ibid. [17] Subs
by W.P. Ord: No. V of 1964. [18] Subs.,
by W. P. Ord. V of 1964, s. 7. [19] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [20] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [21] Subs.,
by W. P. Ord. V of 1964, s. 7. [22] Subs,
by W. P. Ord:No. V of 1964. [23] Suts:
by W. P. Ord: No. V of 1964. [24] Subs:
by W. P. Ord No. V of 1964. [25] Subs:
by W. P. Ord No. V of 1964. [26] Subs:
by W. P. Ord No. V of 1964. [27] Inserted
by W. P. Ord. No. V of 1964. [28] Suts
by W.P. Ord. No. V of 1964 s. 12 (b). [29] Subs,
by West Pakistan Ord. V of 1964. [30] Section
24 nubs, by Wert Pakistan Ord. V of 1964. [31] Subs.
by W. P. Ord: No V of 1964. [32] Ins:
by W. P.Ord: No. V of 1964. [33] The
full stop was subs, by colon and a new Provise Inserted by West Pakistan Ord.
No. XXXIV of 1965. [34] The
full stop was subs, by colon and a new Provise Inserted by West Pakistan Ord.
No. XXXIV of 1965. [35] Substituted vide Khyber Pakhtunkhwa Act. No. IV of 2011. [36] Subs,
by West Pakistan Ord. No. V of 1964. [37] Subs,
by W. P. Ord: No. XXXIV of 1965. [38] Section
66 omitted by W. P. Ord: No. XXXIV of 1965. [39] Sub-section
(3) inserted by West Pakistan Ord. No. V of 1964. [40] Omitted
by Khyber Pakhtunkhwa A. L. O. 1975. [41] Subs:
by W. P. Ord No. V of 1964. [42] Since
repealed by Land Revenue Act 1967. [43] Since
repealed by Land Revenue Act 1967. [44] Since
repealed by Land Revenue Act 1967. [45] Omitted
by Khyber Pakhtunkhwa A.L.O. 1975. [46] Omitted
by Khyber Pakhtunkhwa A. L, O. 1975. [47] Subs,
by of W.P. Ord No. V of 1964. |