(Act I of 1894)
C O N T E N T S
PART I
PRELIMINARY
Sections
1. Short title, extent and commencement.
2. [Repealed]
3. Definitions
PART II
ACQUISITION
Preliminary Investigation
4. Publication of preliminary notification
and powers of officers thereupon.
5. Notification that particular land is
needed for a public purpose or for a Company.
Objections
5-A. Hearing of objections.
Declaration of intended acquisition
6. Declaration that land is required for a
public purpose.
7. After declaration Collector to take
order for acquisition.
8. Land to be marked out, measured and
planned.
9. Notice to persons interested.
10. Power to require and enforce the making
of statements as to names and interests.
Enquiry into measurements, value
and claims, and award by the Collector
11. Enquiry and award by Collector.
12. Award of Collector when to be final.
12-A. Correction of mistake.
13. Adjournment of enquiry.
14. Power to summon and enforce attendance
of witnesses and production of documents.
15. Matters to be considered and neglected.
Taking possession
16. Power to take possession.
17. Special power in cases of urgency.
PART III
REFERENCE TO COURT AND
PROCEDURE THEREON
18. Reference to Court.
19. Collector's statement to the Court.
20. Service of notice.
21. Restriction on scope of proceedings.
22. Proceedings in open Court.
22-A. Cross objection.
23. Matters to be considered in determining
compensation.
24. Matters to be neglected in determining
compensation.
25. Rules as to amount of compensation.
26. Form of awards.
27. Costs.
28. Collector may be directed to pay
interest on excess compensation.
PART
IV
APPORTIONMENT
OF COMPENSATION
29. Particulars of apportionment to be
specified.
30. Dispute as to apportionment.
PART V
PAYMENT
31. Payment of compensation or deposit of
the same in Court.
32. Investment of money deposited in
respect of lands belonging to persons incompetent to alienate.
33. Investment of money deposited in other
cases.
34. Payment of interest.
PART
VI
TEMPORARY
OCCUPATION OF LAND
35. Temporary occupation of waste or arable
land. Procedure when difference as to compensation exists.
36. Power to enter and take possession, and
compensation on restoration.
37. Difference as to condition of land.
PART
VII
ACQUISITION
OF LAND FOR COMPANIES
38. Company may be authorised to enter and
survey.
38-A. Industrial concern to be deemed Company
for certain purposes.
39. Previous consent of Executive District
Officer (Revenue) and execution of agreement necessary.
40. Previous enquiry.
41. Agreement with Provincial Government.
42. Publication of agreement.
43. Sections 39 to 42 not to apply where
Government bound by agreement to provide land for Companies.
43-A. Restrictions on transfer, etc.
44. How agreement with Railway Company may
be proved.
PART
VIII
MISCELLANEOUS
45. Service of Notices.
46. Penalty for obstructing acquisition of
land.
47. Magistrate to enforce surrender.
48. Completion of acquisition not
compulsory, but compensation to be awarded when not completed.
49. Acquisition of part of house or
building.
50. Acquisition of land at cost of a local
authority or Company.
51. Exemption from stamp duty and fees.
52. Notice in case of suits for anything
done in pursuance of Act.
53. Code of Civil Procedure to apply to
proceedings before Court.
54. Appeals in proceedings before Court.
55. power to make rules.
[1]THE LAND ACQUISITION, ACT, 1894
(Act I of 1894)
[2
February 1894]
An
Act to amend the law for the acquisition of land for public purposes and for
Companies.
WHEREAS it is
expedient to amend the law for the acquisition of land needed for public
purposes and for Companies and for determining the amount of compensation to be
made on account of such acquisition;
It is hereby enacted as follows:-
PART I
PRELIMINARY
1. Short
title, extent and commencement.— (1) This Act may be called the Land
Acquisition Act, 1894;
(3) It
shall come into force on the first day of March 1894.
2. [Repeal]. Repealed partly by the Repealing
and Amending Act, 1914 (X of 1914), section 3 and Schedule II, and partly by
the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
3. Definitions.—
In this Act, unless there is something repugnant in the subject or context:-
(a) the expression
“land” includes benefits to arise out of land, and things attached to the earth
or permanently fastened to anything attached to the earth:
(b) the expression “person interested” include all persons claiming an
interest in compensation to be made on account of the acquisition of land under
this Act; and a person shall be deemed to be interested in land if he is
interested in an easement affecting the land;
(c) the expression “Collector” means the Collector of a district, and
includes a
[3][District Officer (Revenue)] and any officer
specially appointed by the
[4][Board of Revenue or
[5][Executive District Officer (Revenue)]] to perform
the functions of a Collector under this Act:
[6][(d) the
expression “Court” means a principal Civil Court of original jurisdiction, and
includes the Court of any Additional District Judge and any Civil Judge whom
the Provincial Government may appoint, by name or by virtue of his office, to
perform concurrently with any such principal Civil Court, all or any of the
functions of the Court under this Act, within any specified area; provided that
in the case of a Civil Judge such functions shall be exercised only up to the
limits of his pecuniary jurisdiction]:
(e) the expression “Company” means a Company
registered under the
[7][Companies Ordinance, 1984], or under the
(English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament
[8][of the United Kingdom] or
[9][by a Pakistan law], or by Royal Charter or
Letters Patent
[10][and includes a society registered under the
Societies Registration Act, 1860, and a Registered Society within the meaning
of the Co-operative Societies Act, 1912[11]]:
(f) the expression “public purpose” includes the
provision of village-sites in districts in which the
[12][Provincial Government] shall have declared by
notification in the official Gazette that it is customary for the Government to
make such provision: and
(g) the following persons shall be deemed persons “entitled to act” as
and to the extent hereinafter provided (that is to say)—
trustees for other persons beneficially interested
shall be deemed the persons entitled to act with reference to any such case,
and that to the same extent as the persons beneficially interested could have
acted if free from disability;
a
married woman, in cases to which the English law is applicable, shall be deemed
the person so entitled to act, and whether of full age or not, to the same
extent as if she were unmarried and of full age; and
the
guardians of minors and the committees or managers of lunatics or idiots shall
be deemed respectively the persons so entitled to act, to the same extent as
the minors, lunatics or idiots themselves, if free from disability, could have
acted:
Provided
that—
(i) no
person shall be deemed “entitled to act” whose interest in the subject-matter
shall be shown to the satisfaction of the Collector or Court to be adverse to
the interest of the person interested for whom he would otherwise be entitled
to act;
(ii) in
every such case the person interested may appear by a next friend or, in
default of his appearance by a next friend, the Collector or Court, as the case
may be, shall appoint a guardian for the case to act on his behalf in the
conduct thereof;
(iii) the
provisions of Chapter XXXI of the
[13]Code
of Civil Procedure shall, mutatis
mutandis, apply in the case of persons interested appearing before a
Collector or Court by a next friend, or by a guardian for the case, in
proceedings under this Act; and
(iv) no person “entitled to act” shall be competent
to receive the compensation-money payable to the person for whom he is entitled
to act unless he would have been competent to alienate the land and receive and
give a good discharge for the purchase-money on a voluntary sale.
PART
II
ACQUISITION
Preliminary
Investigation
4. Publication
of preliminary notification and powers of officers thereupon.—
[14][(1)
Whenever it appears to the Collector of the District that land in any locality
is needed or is likely to be needed for any public purpose or for a Company, a
notification to that effect shall be published in the official Gazette, and the
Collector shall cause public notice of the substance of such notification to be
given at convenient places in the said locality].
(2) Thereupon
it shall be lawful for any officer, either generally or specially authorised by
[15][the
Collector of the District] in this behalf, and for his servants and workmen,—
to
enter upon and survey and take levels of any land in such locality;
to
dig or bore into the subsoil;
to
do all other acts necessary to ascertain whether the land is adapted for such
purpose;
to set out the boundaries of the
land proposed to be taken and the intended line of the work (if any) proposed
to be made thereon;
to
mark such levels, boundaries and lines by placing marks and cutting trenches;
and,
where
otherwise the survey cannot be completed and the levels taken and the
boundaries and lines marked, to cut down and clear away any part of any
standing crop, fence or jungle:
Provided that no person shall enter into
any building or upon any enclosed court or garden attached to a dwelling-house
(unless with the consent of the occupier thereof) without previously giving
such occupier at least seven days' notice in writing of his intention to do so.
[16][(3) The
officer so authorised 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 decision of the Collector or other chief revenue officer of the
District, and such decision shall be final].
[17][5. Notification that particular land is needed for
a public purpose or for a Company.—
Where land is to be acquired for a public purpose, the
[18][Executive
District Officer (Revenue)], and where land
is to be acquired for a Company, the Provincial Government, is satisfied, after
considering the result of the survey, if any, made under sub-section (2) of
section 4, or if no survey is necessary, at any time, that any particular land
included in a locality notified under sub-section (1) of section 4 is needed
for a public purpose or a Company, as the case may be, a notification to that
effect shall be published in the official Gazette, stating the district or
other territorial division in which the land is situate, the purpose for which
it is needed, its approximate area and situation, and where a plan has been
made of the land, the place where such plan may be inspected, and the Collector
shall cause public notice to be given of the substance of the notification at
convenient places on or near the land to be acquired].
[19][Objections
5-A. Hearing of objections.— (1) Any person
interested in any land which has been notified under section 5 as being needed
for a public purpose or for a Company may, within thirty days after the issue
of the notification, object to the acquisition of the land or of any land in
the locality, as the case may be.
(2) Every objection under sub-section (1) shall
be made to the Collector in writing, and the Collector shall give the objector
an opportunity of being heard either in person or by pleader and shall, after
hearing all such objections and after making such further inquiry, if any, as
he thinks necessary, submit the case for the decision of the
[20][Executive District Officer (Revenue)] together
with the record of the proceedings held by him and a report containing his
recommendations on the objections. The decision of the
[21][Executive District Officer (Revenue)] on the
objections shall be final.
(3) Where
land is needed for a Company, the Collector shall, after making such enquiries
as he deems necessary, also make his recommendations to the
[22][Executive District Officer (Revenue)] with
regard to the area that in his opinion is reasonable for the purpose.
(4) For
the purpose of this section, a person shall be deemed to be interested in land
who would be entitled to claim an interest in compensation if the land were
acquired under this Act.]
Declaration
of intended acquisition
6. Declaration that land is required for a
public purpose.— (1) Subject, to
the provisions of Part VII of this Act,
[23][when the
[24][Executive District Officer (Revenue)] is
satisfied, after considering the report, if any, made under section 5-A,
sub-section (2)], that any particular land is needed for a public purpose, or
for a Company, a declaration shall be made to that effect under the signature
of
[25][Executive District Officer (Revenue)] or of some
officer duly authorised to certify
[26][such] order:
Provided that no such declaration shall be
made unless the compensation to be awarded for such property is to be paid by a
Company, or wholly or partly out of public revenues or some fund controlled or
managed by a local authority.
(2) The
declaration shall be published in the official Gazette, and shall state the
district or other territorial division in which the land is situate, the
purpose for which it is needed, its approximate area, and, where a plan shall
have been made of the land, the place where such plan may be inspected.
(3) The
said declaration shall be conclusive evidence that the land is needed for a
public purpose or for a Company, as the case may be; and, after making such
declaration, the [27][Executive
District Officer (Revenue)] may acquire the land in manner hereinafter
appearing.
[28][(4) When the area in respect of which the said
declaration is made is less than the area previously notified under sub-section
(1) of section 4, such previous notification, so far as it relates to the
excess area, shall be deemed to have been superseded by the said declaration].
7. After declaration Collector to take order for
acquisition.— Whenever any land
shall have been so declared to be needed for a public purpose or for a Company,
the
[29][Executive District Officer (Revenue)], or some
officer authorised by the
[30][Executive District Officer (Revenue)] in this
behalf, shall direct the Collector to take order for the acquisition of the
land.
8. Land to be marked out, measured and planned.— The Collector shall thereupon cause the land
(unless it has been already marked out under section 4) to be marked out. He
shall also cause it to be measured, and if no plan has been made thereof, a
plan to be made of the same.
9. Notice
to persons interested.— (1) The Collector shall then cause public notice to
be given at convenient places on or near the land to be taken, stating that the
Government intends to take possession of the land, and that claims to
compensation for all interests in such land may be made to him.
(2) Such notice shall state the particulars of the
land so needed, and shall require all persons interested in the land to appear
personally or by agent before the Collector at a time and place therein
mentioned (such time not being earlier than fifteen days after the date of publication
of the notice), and to state the nature of their respective interests in the
land and the amount and particulars of their claims to compensation for such
interests and their objections (if any) to the measurements made under section
8. The Collector may in any case require such statement to be made in writing
and signed by the party or his agent.
(3) The
Collector shall also serve notice to the same effect on the occupier (if any)
of such land and on all such persons known or believed to be interested
therein, or to be entitled to act for persons so interested, as reside or have
agents authorised to receive service on their behalf, within the revenue
district in which the land is situate.
(4) In
case any person so interested resides elsewhere, and has no such agent , the
notice shall be sent to him by post in a letter addressed to him at his last
known residence, address or place of business and registered under Part III of
the
[31]Indian
Post Office Act, 1866.
[32][(5) The
Collector shall also serve notice of the enquiry to be held under section 11
(such notice not being less than fifteen days prior to the date fixed under
sub-section (2) for determination of claims and objections) on the Department
of Government, local authority or Company, as the case may be, for which land
is being acquired, and require it to depute a duly authorised representative to
attend the enquiry on its behalf for the purpose of making objections (if any)
to the measurement of the land, claims to any interest in the land or the
amount of any compensation. Such authorised representative shall be a party to
the proceedings].
10. Power
to require and enforce the making of statements as to names and interests.—
(1) The Collector may also require any such person to make or deliver to him,
at a time and place mentioned (such time not being earlier than fifteen days
after the date of the requisition), a statement containing, so far as may be
practicable, the name of every other person possessing any interest in the land
or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or
otherwise, and of the nature of such interest, and of the rents and profits (if
any) received or receivable on account thereof for three years next preceding
the date of the statement.
(2) Every person required to make or deliver a
statement under this section or section 9 shall be deemed to be legally bound
to do so within the meaning of sections 175 and 176 of the Pakistan Penal Code.[33]
Enquiry into
measurements, value and claims
and award by the Collector.
11. Enquiry and award by Collector.— On the day so fixed, or on any other day to which
the enquiry has been adjourned, the Collector shall proceed to enquire into the
objections (if any) which any person interested
[34][and a Department of Government, a local
authority, or a Company, as the case may be], has stated pursuant to a notice
given under section 9 to the measurements made under section 8, and into the
value of the land
[35][at the date of the publication of the
notification under section 4, sub-section (1)], and into the respective
interests of the persons claiming the compensation and shall make an award
under his hand of—
(i) the true area of
the land;
(ii) the compensation
which in his opinion should be allowed for the land; and
(iii) the apportionment
of the said compensation among all the persons known or believed to be
interested in the land, of whom, or of whose claims, he has information,
whether or not they have respectively appeared before him.
12. Award
of Collector when to be final.— (1) Such award shall be filed in the
Collector's office and shall, except as hereinafter provided, be final and
conclusive evidence, as between the Collector and the persons interested,
whether they have respectively appeared before the Collector or not, of the
true area and value of the land, and the apportionment of the compensation
among the persons interested.
(2) The
Collector shall give immediate notice of his award to such of the persons
interested as are not present personally or by their representatives when the
award is made.
[36][12-A. Correction
of mistake.— Any clerical or arithmetical mistake in the award arising
therein from any accidental slip or omission may, at any time, be corrected by
the Collector either of his own motion or on the application of any of the
parties].
13. Adjournment
of enquiry.— The collector may, for any cause he thinks fit, from time to
time, adjourn the enquiry to a day to be fixed by him.
14. Power
to summon and enforce attendance of witnesses and production of documents.—
For the purpose of enquiries under this Act the Collector shall have power to
summon and enforce the attendance of witnesses, including the parties
interested or any of them, and to compel the production of documents by the
same means, and (so far as may be) in the same manner, as is provided in the
case of a Civil Court under the [37]Code
of Civil Procedure.
15. Matters
to be considered and neglected.— In determining the amount of compensation
the Collector shall be guided by the provisions contained in sections 23 and
24.
Taking
possession
16. Power
to take possession.— When the Collector has made an award under section 11,
he may,
[38][subject
to the provision of section 31], take possession of the land, which shall
thereupon
[39][vest
absolutely in the [40][Government]]
free from all encumbrances.
[41][17. Special
power in cases of urgency.— (1) In cases of urgency, whenever the
[42][Executive
District Officer (Revenue)] so directs, the Collector, though no such award has
been made, may, on the expiration of fifteen days from publication of the
notice mentioned in sub-section (1) of section 9, take possession of any land
needed for public purposes or for a Company. Such land shall thereupon vest
absolutely in the Government, free from all encumbrances:
Provided
that the
[43][Executive District Officer (Revenue)] shall not
issue any direction to the Collector under this sub-section unless the
Department of Government, the local authority, or Company, as the case may be,
for which the land is being acquired, has first deposited the estimated cost of
acquisition of such land as determined by the Collector of the district,
keeping in view the provisions of sections 23 and 24.
(2) Whenever,
owing to any sudden change in the channel of any navigable river or other
unforeseen emergency, it becomes necessary for any Railway Administration to
acquire the immediate possession of any land for the maintenance of their
traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient
connection with or access to any such station, or whenever owing to a similar
emergency it becomes necessary for the
[44][Executive District Officer (Revenue)] to acquire
the immediate possession of any land for the purposes of maintaining traffic
over a public road, the Collector may, immediately after the publication of the
notice mentioned in sub-section (1) and with the previous sanction of the
[45][Executive District Officer (Revenue)], enter upon
and take possession of such land, which shall thereupon vest absolutely in the
Government free from all encumbrances:
Provided that the Collector shall not take
possession of any building or part of a building under this sub-section without
giving to the occupier thereof at least forty-eight hours' notice of his
intention so to do, or such longer notice as may be reasonably sufficient to
enable such occupier to remove his movable property from such building without
unnecessary inconvenience.
(3) In
every case under either of the preceding sub-sections the Collector shall at the
time of taking possession offer to the persons interested compensation for the
standing crops and trees (if any) on such land and for any other damage
sustained by them caused by such sudden dispossession and not excepted in
section 24; and, in case such offer is not accepted, the value of such crops
and trees and the amount of such other damage shall be allowed for in awarding
compensation for the land under the provisions herein contained.
(4) In
cases where in the opinion of the
[46][Executive
District Officer (Revenue)], the provisions of sub-section (1) or sub-section
(2) are applicable, the [47][Executive
District Officer (Revenue)] may direct that the provisions of sections 5 and
5-A shall not apply, and, if he does so direct, a declaration may be made under
section 6 in respect of the land at any time after the publication of the
notification under sub-section (1) of section 4].
PART
III
REFERENCE TO COURT
AND PROCEDURE THEREON
18. Reference to Court.— (1) Any person interested who has not accepted
the award may, by written application to the Collector, require that the matter
be referred by the Collector for the determination of the Court, whether his
objection be to the measurement of the land, the amount of the compensation,
the person to whom it is payable, or the apportionment of the compensation
among the persons interested.
(2) The
application shall state the grounds on which objection to the award is taken:
Provided that every such application shall
be made,—
(a) if the person making it was present or
represented before the Collector at the time when he made his award, within six
weeks from the date of the Collector's award;
(b) in other cases, within six weeks of the
receipt of the notice from the collector under section 12, sub-section (2) or
within six months from the date of the Collector's award, whichever period
shall first expire.
[48][(3) Notwithstanding anything to the contrary
contained in section 21, the Provincial Government may, if it has not accepted
the award, refer the matter to the Court within a period of six months from the
date of announcement of the award ; provided that the Court shall not entertain
the reference unless in its opinion there is a prima facie case for inquiry into and determination of the
objection against the award].
19. Collector's statement to the Court.— (1) In making the reference, the Collector shall
state for the information of the Court, in writing under his hand,—
(a) the situation and extent of the land, with
particulars of any trees, building or standing crops thereon;
(b) the names of the persons whom he has reason to
think interested in such land;
(c) the amount awarded for damages and paid or
tendered under sections 5 and 17, or either of them and the amount of
compensation awarded under section 11; and
(d) if the objection be to the amount of the
compensation, ground on which the amount of compensation was determined.
(2) To
the said statement shall be attached a schedule giving the particulars of the
notices served upon, and of the statements in writing made or delivered by the
parties interested respectively.
20. Service
of notice.— The Court shall thereupon cause a notice specifying the day on
which the Court will proceed to determine the objection, and directing their
appearance before the court on that day, to be served on the following persons,
namely:-
(a) the applicant;
(b) all persons interested in the objection,
except such (if any) of them as have consented without protest to receive
payment of the compensation awarded; and
(c) if the objection is in regard to the area of
the land or to the amount of the compensation, the Collector,
[49][and
the Department of Government, local authority or Company, as the case may be,
for which land is being acquired].
21. Restriction
on scope of proceedings.— The scope of the inquiry in every such proceeding
shall be restricted to a consideration of the interests of the persons affected
by the objection.
22. Proceedings
in open Court.— Every such proceeding shall take place in open Court, and
all persons entitled to practise in any Civil Court in the province shall be
entitled to appear, plead and act (as the case may be) in such proceeding.
[50][22-A. Cross
objection.— The Provincial Government, or a local authority or a Company
for which land is being acquired, may lodge a cross objection to the objection
made by any person interested and the Court may reduce the amount awarded by
the Collector if it considers it just and proper].
23. Matters
to be considered in determining compensation.— (1) In determining the
amount of compensation to be awarded for land acquired under this Act, the
Court shall take into consideration—
first, the market-value of the land at
the date of the publication of the
[51][notification
under section 4, sub-section (1)].
[52][Explanation—
For the purpose of determining the market-value, the Court shall take into
account transfer of land similarly situated and in similar use. The
potential-value of the land to be acquired if put to a different use shall only
be taken into consideration if it is proved that land similarly situated and
previously in similar use has, before the date of the notification under
sub-section (1) of section 4, been transferred with a view to being put to the
use relied upon as affecting the potential value of the land to be acquired:
Provided
that—
(i) if the market-value has been increased 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 it were put to ordinary use; and
(ii) if the market-value of
any building has been increased in consequence of the building being so
overcrowded as to be dangerous to the health of the inmates, such overcrowding
shall be disregarded and the market-value shall be deemed to be the
market-value of the building if occupied by such number of persons only as can
be accommodated in it without risk of danger to health from overcrowding].
secondly, the damage sustained by the
person interested, by reason of the taking of any standing crops or trees which
may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained
by the person interested, at the time of the Collector's taking possession of
the land, by reason of severing such land from his other land;
fourthly, the damage (if any)
sustained by the person interested, at the time of the Collector's taking
possession of the land, by reason of the acquisition injuriously affecting his
other property, movable or immovable, in any other manner, or his earnings;
fifthly, if, in consequence of the
acquisition of the land by the Collector, the person interested is compelled to
change his residence or place of business, the reasonable expenses (if any)
incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of
the profits of the land between the time of the publication of the declaration
under section 6 and the time of the Collector's taking possession of the land.
[53][(2) In addition to the market-value of the land as
above provided, the Court shall award a sum of fifteen per centum on such
market-value, in consideration of the compulsory nature of the acquisition, if
the acquisition has been made for a public purpose and a sum of twenty-five per
centum on such market-value if the acquisition has been made for a Company].
24. Matters
to be neglected in determining compensation.— But the Court shall not take
into consideration—
first, the degree of urgency which has
led to the acquisition;
secondly, any disinclination of the
person interested to part with the land acquired;
thirdly, any damage sustained by him
which, if caused by a private person, would not render such person liable to a
suit;
fourthly, any damage which is likely
to be caused to the land acquired, after the date of the publication of the
declaration under section 6, by or in consequence of the use to which it will
be put;
fifthly, any increase to the value of
the land acquired likely to accrue from the use to which it will be put when
acquired;
sixthly, any increase to the value of
the other land of the person interested likely to accrue from the use to which
the land acquired will be put ; or
seventhly, any outlay or improvements
on, or disposal of, the land acquired, commenced, made or effected without the
sanction of the Collector after the date of the publication of the
[54][notification
under section 4, sub-section (1)].
25. Rules
as to amount of compensation.— (1) When the applicant has made a claim to
compensation, pursuant to any notice given under section 9, the amount awarded
to him by the Court shall not exceed the amount so claimed
[55][*
* *].
(2) When
the applicant has refused to make such claim or has omitted without sufficient
reason (to be allowed by the Judge) to make such claim, the amount awarded by
the Court shall in no case exceed the amount awarded by the Collector.
(3) When
the applicant has omitted for a sufficient reason (to be allowed by the Judge)
to make such claim, the amount awarded to him by the Court shall not be less
than, and may exceed, the amount awarded by the Collector.
26. Form of awards.—
[56][(1)] Every award under this part shall be in
writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23,
and also the amounts (if any) respectively awarded under each of the other
clauses of the same sub-section, together with the grounds of awarding each of
the said amounts.
[57][(2) Every such award shall be deemed to be a decree
and the statement of the grounds of every such award a judgement within the
meaning of section 2, clause (2), and section 2, clause (9), respectively, of
the Code of Civil Procedure, 1908[58]].
27. Costs.— (1) Every such award shall also
state the amount of costs incurred in the Proceedings under this part, and by
what persons and in what proportions they are to be paid.
(2) When
the award of the Collector is not upheld, the costs shall ordinarily be paid by
the Collector, unless the Court shall be of opinion that the claim of the
applicant was so extravagant or that he was so negligent in putting his case
before the Collector that some deduction from his costs should be made or that
he should pay a part of the Collector's costs.
28. Collector
may be directed to pay interest on excess compensation.— If the sum which, in the opinion of the Court,
the Collector ought to have awarded as compensation is in excess of the sum
which the Collector did award as compensation, the award of the Court may direct
that the Collector shall pay
[59][compound interest on such excess at the rates of
eight per centum] per annum from the date on which he took possession of the
land to the date of payment of such excess into Court.
[60][Provided
that in all cases where the Court has directed that Collector shall pay
interest on such excess at the rate of six per centum from the date on which
possession was taken and the payment of compensation or a part thereof has not
been made up to the commencement of the Land Acquisition (West Pakistan
Amendment) Act, 1969, the rate of compound interest on such excess on balance
shall be eight per centum].
PART
IV
APPORTIONMENT OF
COMPENSATION
29. Particulars
of apportionment to be specified.—
Where there are several persons interested, if such persons agree in the
apportionment of the compensation, the particulars of such apportionment shall
be specified in the award, and as between such persons the award shall be
conclusive evidence of the correctness of the apportionment.
30. Dispute as to apportionment.— When the amount of compensation has been settled
under section 11, if any dispute arises as to the apportionment of the same or
any part thereof, or as to the persons to whom the same or any part thereof is
payable, the Collector may refer such dispute to the decision of the Court.
PART
V
PAYMENT
[61][31. Payment
of compensation or deposit of the same in Court.— (1) When the Collector
has made an award under section 11—
(a) if
the persons interested entitled to compensation under the award and the
Provincial Government accept the award and intimate their acceptance in writing
to the Collector before the expiry of the period prescribed in sub-section (2)
of section 18 for making an application to the Collector for referring the
award to the Court, or in sub-section (3) of the said section for referring the
award to the Court by the Provincial Government, whichever is later, or if the
period specified in sub-section (2) of the said section for making an
application to the Collector or in sub-section (3) for referring the award to
the Court has expired and no such application or reference has been made, the
Collector shall, before taking possession of the land, tender payment of the
full amount of compensation awarded by him to the persons entitled thereto
according to the award, and shall pay it to them unless prevented by some one
or more of the contingencies mentioned in sub-section (2);
(b) if
the persons interested entitled to compensation under the award or the
Provincial Government object to the award and an application has been made to
the Collector under sub-section (2) of section 18 for referring the award to
the Court or the award has been referred to the Court by the Provincial
Government under sub-section (3) of that section, the Collector shall, before
taking possession of the land, tender payment of the compensation awarded by
him or the estimated cost of acquisition of such land as determined by the
Collector of the district under sub-section (1) of section 17, whichever is
less, to the persons entitled thereto under the award and shall pay it to them
unless prevented by some one or more of the contingencies mentioned in
sub-section (2):
Provided that no payment under clause (b)
shall be made until the person entitled to compensation furnishes to the
satisfaction of the Collector a security for refund of the amount, if any,
which may subsequently be found to be in excess of the compensation awarded to
him by the Court].
(2) If
they shall not consent to receive it, or if there be no person competent to
alienate the land, or if there be any dispute as to the title to receive the
compensation or as to the apportionment of it, the Collector shall deposit the
amount of the compensation in the Court to which a reference under section 18 would
be submitted:
Provided that any person admitted to be
interested may receive such payment under protest as to the sufficiency of the
amount:
Provided also that no person who has
received the amount otherwise than under protest shall be entitled to make any
application under section 18:
Provided also that nothing herein
contained shall affect the liability of any person, who may receive the whole
or any part of any compensation awarded under this Act, to pay the same to the
person lawfully entitled thereto.
(3) Notwithstanding
anything in this section the Collector may, with the sanction of the
[62][Executive
District Officer (Revenue)] instead of awarding a money compensation in respect
of any land, make any arrangement with a person having a limited interest in
such land, either by the grant of other lands in exchange, the remission of
land-revenue on other lands held under the same title, or in such other way as
may be equitable having regard to the interests of the parties concerned.
(4) Nothing
in the last foregoing sub-section shall be construed to interfere with, or
limit the power of the Collector to enter into any arrangement with any person
interested in the land and competent to contact in respect thereof.
32. Investment of money deposited in respect of
lands belonging to persons incompetent to alienate.— (1) If any money shall be deposited in Court
under sub-section (2) of the last preceding section and it appears that the
land in respect whereof the same was awarded belonged to any person who had no
power to alienate the same, the Court shall—
(a) order the money to be invested in the purchase
of other lands to be held under the like title and conditions of ownership as
the land in respect of which such money shall have been deposited was held, or
(b) if such purchase cannot be effected forthwith,
then in such Government or other approved securities as the Court shall think
fit;
and shall direct the payment of the interest or
other proceeds arising from such investment to the person or persons who would
for the time being have been entitled to the possession of the said land, and
such moneys shall remain so deposited and invested until the same be applied—
(i) in the purchase of such
other lands as aforesaid; or
(ii) in payment to any
person or persons becoming absolutely entitled thereto.
(2) In
all cases of moneys deposited to which this section applies, the Court shall
order the costs of the following matters, including therein all reasonable
charges and expenses incidental thereto, to be paid by the Collector, namely:-
(a) the costs of such investments as aforesaid;
(b) the costs of the orders for the payment of the
interest or other proceeds of the securities upon which such moneys are for the
time being invested, and for the payment out of Court of the principal of such
moneys, and of all proceedings relating thereto, except such as may be
occasioned by litigation between adverse claimants.
33. Investment
of money deposited in other cases.—
When any money shall have been deposited in Court under this Act for cause
other than that mentioned in the last preceding section, the Court may, on the
application of any party interested or claiming an interest in such money,
order the same to be invested in such Government or other approved securities
as it may think proper, and may direct the interest or other proceeds of any
such investment to be accumulated and paid in such manner as it may consider
will give the parties interested therein the same benefit therefrom as they
might have had from the land in respect whereof such money shall have been
deposited or as near thereto as may be.
34. Payment of interest.— When the amount of
such compensation is not paid or deposited on or before taking possession of
the land, the Collector shall pay the amount awarded with
[63][compound
interest at the rate of eight per centum] per annum from the time of so taking
possession until it shall have been so paid or deposited
[64][:]
[65][Provided
that any waiver of the above right by the land owner shall be void and he shall
be entitled to the said interest notwithstanding any agreement to the
contrary].
PART VI
TEMPORARY
OCCUPATION OF LAND
35. Temporary occupation of waste or arable land.
Procedure when difference as to compensation exists.— (1) Subject to the
provisions of Part VII of this Act, whenever it appears to the
[66][Executive
District Officer (Revenue)] that the temporary occupation and use of any waste
or arable land are needed for any public purpose or for a Company, the
[67][Executive
District Officer (Revenue)] may direct the Collector to procure the occupation
and use of the same for such term as it shall think fit, not exceeding three
years from the commencement of such occupation.
[68][(2) The Collector shall cause public notice of the
substance of the direction to be given at convenient places in the locality in
which the land is situate, and thereupon it shall be lawful for any officer,
either generally or specially authorised by the Collector in this behalf, and
for the servants and workmen of such officer, to enter upon and survey and take
levels of any land in such locality.]
[69][(3) On receipt of plans detailing the land
acquired, the Collector shall give notice in writing to the persons interested
in such land of the purpose for which the same is needed and shall, for the
occupation and use thereof for such term as aforesaid, and for the material, if
any, to be taken therefrom, pay to them such compensation, either in a gross
sum of money or by monthly or other periodical payments as shall be agreed upon
in writing between him and such persons respectively.]
[70][(4)] In case the Collector and the persons
interested differ as to the sufficiency of the compensation or apportionment
thereof, the Collector shall refer such difference to the decision of the
Court.
36. Power
to enter and take possession, and compensation on restoration.— (1) On
payment of such compensation, or on executing such agreement or on making a
reference under section 35, the Collector may enter upon and take possession of
the land, and use or permit the use thereof in accordance with the terms of the
said notice.
(2) On
the expiration of the term, the Collector shall make or tender to the persons
interested compensation for the damage (if any) done to the land and not
provided for by the agreement, and shall restore the land to the persons
interested therein:
Provided
that, if the land has become permanently unfit to be used for the purpose for
which it was used immediately before the commencement of such term, and if the
persons interested shall so require, the
[71][Executive
District Officer (Revenue)] shall proceed
under this Act to acquire the land as if it was needed permanently for a public
purpose or for a Company.
37. Difference as to condition of land.— In case the collector and persons interested
differ as to the condition of the land at the expiration of the term, or as to
any matter connected with the said agreement, the Collector shall refer such
difference to the decision of the Court.
PART
VII
ACQUISITION
OF LAND FOR COMPANIES
38. Company
may be authorised to enter and survey.—
[72][(1)
The
[73][Executive
District Officer (Revenue)] may authorise any officer of any Company desiring
to acquire land for its purpose to exercise the powers conferred by sub-section
(2) of section 4].
(2) In every such case section 4 shall be
construed as if for the words “for such purpose” the words “for the purposes of
the Company” were substituted; and
[74][sub-section (3) of section 4] shall be construed
as if after the words “the officer” the words “of the Company” were inserted.
[75][38-A. Industrial concern to be deemed Company for
certain purposes.— An industrial
concern, ordinarily employing not less than one hundred workmen owned by an
individual or by an association of individuals and not being a Company, desiring
to acquire land for the erection of dwelling houses for workmen employed by the
concern or for the provision of amenities directly connected therewith shall,
so far as concerns the acquisition of such land, be deemed to be a Company for
the purposes of this Part, and the references to Company in sections 5A, 6, 7,
17 and 50 shall be interpreted as references also to such concern].
39. Previous
consent of
[76][Executive
District Officer (Revenue)] and
execution of agreement necessary.— The provisions of sections 6 to 37 (both
inclusive) shall not be put in force in order to acquire land for any Company,
unless with the previous consent of the
[77][Executive
District Officer (Revenue)] nor unless the Company shall have executed the
agreement hereinafter mentioned.
40. Previous
enquiry.— (1) Such consent shall not be given unless the
[78][Executive
District Officer (Revenue)] be satisfied,
[79][either
on the report of the Collector under section 5-A, sub-section (2), or] by an
enquiry held as hereinafter provided—
[80][(a) that the purpose of the acquisition is to
obtain land for the erection of dwelling houses for workmen employed by the
Company or for the provision of amenities directly connected therewith or
[81][(aa) that such acquisition is needed for the
construction of some building or work for a Company which is engaged or is
taking steps for engaging itself in any industry or work which is for a public
purpose], or
(b) that such
acquisition is needed for the construction of some work, and that such work is
likely to prove useful to the public], [or][82]
(2) Such
enquiry shall be held by such officer and at such time and place as the
[84][Executive
District Officer (Revenue)] shall appoint.
(3) Such
officer may summon and enforce the attendance of witnesses and compel the
production of documents by the same means and, as far as possible, in the same
manner as is provided by the [85]Code
of Civil Procedure in the case of a Civil Court.
41. Agreement with Provincial Government.—
[86][* * *] If the
[87][Executive District Officer (Revenue)] is
satisfied
[88][after considering the report, if any, of the
Collector under section 5-A, sub-section (2), or on the report of the officer
making an inquiry under section 40] that
[89][the object of the proposed in acquisition is to
obtain land for one of the purposes referred to clause (a) or clause (aa) or
clause (b) of sub-section (1) of section 40]
[90][he] shall
[91][* * *] require the Company to enter into an
agreement
[92][with the Provincial Government], providing to
the satisfaction of the
[93][Provincial Government] for the following
matters, namely:-
(1) the
[94][payment
to the
[95][Executive
District Officer (Revenue)]] of the cost of the acquisition;
(2) the transfer, on
such payment, of the land to the Company;
(3) the terms on which
the land shall be held by the Company;
[96][(4) where
the acquisition is for the purpose of erecting dwelling houses or the provision
of amenities connected herewith, the time within which, the conditions on which
and the manner in which the dwelling houses or amenities shall be erected or
provided; and
(5) Where the acquisition is for a purpose falling under clause (b) of
sub-section (1) of section 40, the time within which and the conditions on which
the work shall be constructed and maintained].
42. Publication
of agreement.— Every such agreement shall, as soon as may be after its
execution, be published [97][*
* *] in the
[98][official
Gazette]
[99][and
the acquisition shall be deemed to have been made subject to the terms of such
agreement].
43. Sections
39 to 42 not to apply where Government bound by agreement to provide land for
Companies.— The provisions of sections 39 to 42, both inclusive, shall not
apply and the corresponding sections of the
[100]Land
Acquisition Act, 1870, shall be deemed never to have applied, to the
acquisition of land for any Railway or other Company, for the purposes of
which,
[101][under
any agreement with such Company, the Secretary of State for India in Council,
the Secretary of State,
[102][the
[103][Federal]
government or any Provincial Government] is or was bound to provide land].
[104][43-A. Restrictions
on transfer, etc.— No Company for which any land is acquired under this
part shall be entitled to transfer the said land or any part thereof by sale,
mortgage, gift, lease or otherwise, except with the previous sanction of the
provincial Government].
44. How
agreement with Railway Company may be proved.— In the case of the
acquisition of land for the purpose of a Railway Company, the existence of such
an agreement as is mentioned in section 43 may be proved by the production of a
printed copy thereof purporting to be printed by order of Government.
PART
VIII
MISCELLANEOUS
45. Service of Notices.— (1) Service of any notice under this Act shall be
made by delivering or tendering a copy thereof signed, in the case of a notice
under section 4, by the officer therein mentioned, and, in the case of any
other notice, by or by order of the Collector or the Judge.
(2) Whenever
it may be practicable, the service of the notice shall be made on the person
therein named.
(3) When
such person cannot be found, the service may be made on any adult male member
of his family residing with him; and, if no such adult male member can be
found, the notice may be served by fixing the copy on the outer door of the
house in which the person therein named ordinarily dwells or carries on
business, or by fixing a copy thereof in some conspicuous place in the office
of the officer aforesaid or of the Collector or in the court-house, and also in
some conspicuous part of the land to be acquired:
Provided that, if the Collector or Judge
shall so direct, a notice may be sent by post, in a letter addressed to the
person named therein at his last known residence, address or place of business
and registered under Part III of the
[105]Indian
Post Office Act, 1866, and service of it may be proved by the production of the
addressee's receipt.
46. Penalty
for obstructing acquisition of land.— Whoever willfully obstructs any
person in doing any of the acts authorised by section 4 or section 8, or
willfully fills up, destroys, damages or displaces any trench or mark made
under section 4, shall, on conviction before a Magistrate, be liable to
imprisonment for any term not exceeding one month, or to fine not exceeding
fifty rupees, or to both.
47. Magistrate
to enforce surrender.— If the Collector is opposed or impeded in taking
possession under this Act of any land, he shall, if a Magistrate, enforce the
surrender of the land to himself and, if not a Magistrate, he shall apply to a
Magistrate
[106][*
* *] and such Magistrate
[107][*
* *] shall enforce the surrender of the land to the Collector.
48. Completion
of acquisition not compulsory, but compensation to be awarded when not
completed.— (1) Except in the case provided for in section 36, the
[108][Executive
District Officer (Revenue)] shall be at liberty to withdraw from the
acquisition of any land of which possession has not been taken.
(2) Whenever
the
[109][Executive
District Officer (Revenue)] withdraws from any such acquisition, the Collector
shall determine the amount of compensation due for the damage suffered by the
owner in consequence of the notice or of any proceedings thereunder, and shall
pay such amount to the person interested, together with all costs reasonably
incurred by him in the prosecution of the Proceedings under this Act relating
to the said land.
(3) 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.
49. Acquisition of part of house or building.— (1) The provisions of this Act shall not be put
in force for the purpose of acquiring a part only of any house, manufactory or
other building, if the owner desires that the whole of such house, manufactory or
building shall be so acquired:
Provided that the owner may, at any time
before the Collector has made his award under section 11, by notice in writing
withdraw or modify his expressed desire that the whole of such house,
manufactory or building shall be so acquired:
Provided
also that, if any question shall arise as to whether any land proposed to be
taken under this Act does or does not form part of a house, manufactory or
building within the meaning of this section, the Collector shall refer the determination
of such question to the Court and shall not take possession of such land until
after the question has been determined.
In deciding on such a reference, the Court
shall have regard to the question whether the land proposed to be taken is
reasonably required for the full and unimpaired use of the house, manufactory
or building.
(2) If, in the case of any claim under section 23,
sub-section (1), thirdly, by a person
interested, on account of the severing of the land to be acquired from his
other land, the
[110][Executive District Officer (Revenue)] is of
opinion that the claim is unreasonable or excessive,
[111][he] may, at any time before the Collector has
made his award, order the acquisition of the whole of the land of which the
land first sought to be acquired forms a part.
(3) In the case last hereinbefore provided for, no
fresh declaration or other proceedings under sections 6 to 10, both inclusive,
shall be necessary; but the Collector shall without delay furnish a copy of the
order of the
[112][Executive District Officer (Revenue) to the
person interested, and shall thereafter proceed to make his award under section
11.
50. Acquisition
of land at cost of a local authority or Company.— (1) Where the provisions
of this Act are put in force for the purpose of acquiring land at the cost of
any fund controlled or managed by a local authority or of any Company, the
charges of and incidental to such acquisition shall be defrayed from or by such
fund or Company.
[113][(1-A) Any charges to be defrayed from the funds of a
local authority or a Company under sub-section (1), may be recovered, in
addition to any other mode of recovery provided in any other law, as arrears of
land revenue].
(2) In any proceeding held before a Collector or
Court in such cases the local authority or Company concerned may appear and
adduce evidence for the purpose of determining the amount of compensation:
Provided that no such local authority or
Company shall be entitled to demand a reference under section 18.
51. Exemption
from stamp duty and fees.— No award or agreement made under this Act shall
be chargeable with stamp duty, and no person claiming under any such award or
agreement shall be liable to pay any fee for a copy of the same.
52. Notice in case of suits for anything done in
pursuance of Act.— No suit or
other proceeding shall be commenced or prosecuted against any person for
anything done in pursuance of this act, without giving to such person a month's
previous notice in writing of the intended proceeding, and of the cause thereof,
nor after tender of sufficient amends.
53. Code
of Civil Procedure to apply to proceedings before Court.— Save in so far as
they may be inconsistent with anything contained in this Act, the provisions of
the
[114]Code
of Civil Procedure shall apply to all proceedings before the Court under this
Act.
[115][54. Appeals
in proceedings before Court.— Subject to the provisions of the Code of
Civil Procedure 1908, applicable to appeals from original decrees, and
notwithstanding anything to the contrary in any enactment for the time being in
force, an appeal shall only lie in any proceedings under this Act to the High
court from the award, or from any part of the award, of the Court and from any
decree of the High Court passed on such appeal as aforesaid, an appeal shall
lie to
[116][the
Supreme Court] subject to the provisions contained in section 110 of the Code
of Civil Procedure, 1908, and in order XLV thereof].
55. power
to make rules.— (1) The
[117][Provincial
Government] shall
[118][*
* *] have power to make rules consistent with this Act for the guidance of
officers in all matters connected with its enforcement, and may from time to
time alter and add to the rules so made.
(2) The
power to make, alter and add to rules under sub-section (1) shall be subject to
the condition of the rules being made, altered or added to after previous
publication.
(3) All such rules, alterations and additions
shall
[120][* * *] be published in the Official Gazette, and
shall thereupon have the force of law.
[1]For statement of objects and
reasons, see Gazette of India, 1892,
Pt. V, p. 32; for Report of the Select Committee, see ibid., 1894, Pt. V, p. 23 and for Proceedings in Council, see ibid., 1892, Pt. VI, section 25, and
ibid., 1894, pp. 19, 24 to 42.
This Act had been declared to be in force in
Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913).
It had been applied to Phulera in the
Excluded Area of Upper Tanawal to the extent the Act is applicable in the
N.W.F.P., subject to certain modifications, see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It had been
extended to Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in
force in that area with effect from 1st June, 1951, see N.W.F.P., Gazette, Extraordinary, dated 1-6-51.
For local modifications see the Town Improvement Act, 1922 (Punjab Act IV of 1922), section
59 and schedule, and the Thal Development Act, 1949 (Punjab Act XV of 1949),
section 35 and schedule, and the Karachi Development Order, 1957 (P.O. 5 of
1957).
[2]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (Ordinance XXI of 1960), section 3 and
2nd schedule, with effect from the 14th October, 1955.
[3]Substituted for the words
“Deputy Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance,
2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[4]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3(3)
and schedule III as amended by the West Pakistan (Adaptation and Repeal of
Laws) (Amendment) Ordinance, 1961 (XXXI of 1961), for “Provincial Government”.
[5]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[6]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[7]Substituted for the words
“Indian Companies Act, 1882” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[8]Inserted by the Central Laws
(Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (w.e.f. 23rd
March, 1956).
[9]The
original words “of the G.G. in C”, were first substituted by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by
the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Schedule, to read as above.
[10]Inserted by section 2 of the
Land Acquisition (Amendment) Act, 1919 (XVII of 1919).
[11]II of
1912.
[12]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[13]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908 (V of 1908).
[14]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 4
(a).
[15]Substituted ibid., section 4 (b) for “Commissioner
or the Board of Revenue” which were previously substituted, for “such
Government”, by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957
(XVI of 1957).
[16]Added by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[17]Substituted ibid.,
section 5.
[18]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[19]Sub-heading and Section 5-A
were inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
Section 5-A was, however, substituted later by the Land Acquisition (West
Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 6.
[20]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[23]Substituted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever
it appears to the Local Government”.
[24]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[26]Substituted for the word
“its” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[27]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[28]Added by the Land Acquisition
(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 7.
[29]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[31]XIV of 1866, subsequently
replaced by the Post Office Act, 1898 (VII of 1898).
[32]Added by the Land Acquisition
(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8.
[33]XLV of 1860.
[34]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9.
[35]Inserted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923)
[36]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
10.
[37]Now the Code of Civil
Procedure, 1908 (V of 1908).
[38]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
11.
[39]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “vest
absolutely in the Government”.
[40]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Crown”, w.e.f. 23rd March,
1956.
[41]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
12.
[42]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[43]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan..
[46]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[48]Added by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[50]Inserted by the Land Acquisition (West Pakistan Amendment)
Ordinance, 1969 (XLIX of 1969), section
15.
[51]Substituted, by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for
“declaration relating thereto under section 6”.
[52]Added by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[53]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[54]Substituted by the Land
Acquisition (Amendment) Act, 1923 ( XXXVIII of 1923), section 8., for
“declaration under section 6”.
[55]The words, “or be less than
the amount awarded by the Collector under section 11” omitted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
17.
[56]Section 26 was re-numbered as
sub-section (1) of that section by section 2 of the Land Acquisition
(Amendment) Act, 1921 (19 of 1921).
[57]Added ibid.
[58]V of 1908.
[59]Substituted by the Land
Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), section 2 (a),
for “interest on excess at the rate of six per centum”.
[60]Added ibid.
[61]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[62]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[63]Substituted by the Land
Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), section 2 (d)
for “interest thereon at the rate of six per centum”.
[64]The full stop at the end of
section 34 replaced by the colon ibid., section
2 (d).
[65]Added ibid.
[66]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[68]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
19 (a).
[69]Inserted ibid, section
19(b).
[70]Sub-section (3) was
re-numbered as sub-section (4) ibid.
[71]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[72]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[73]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[74]Substituted by the Land Acquisition (West Pakistan Amendment)
Ordinance, 1969 (XLIX of 1969), for “Section 5”.
[75]Inserted by the Land
Acquisition (Amendment) Act, 1933 (XVI of 1933).
[76]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[79]Inserted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
[80]Substituted by the Land
Acquisition (Amendment) Act, 1933 (XVI of 1933), section 3, for the original
Clauses (a) and (b).
[81]Inserted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1965 (I of 1965).
[82]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for the
full-stop.
[83]Added ibid.
[84]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
[85]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908.
[86]The words, “such officer
shall report to the Local Government the result of enquiry and”, repealed by
the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 10.
[87]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[88]Inserted by the Land
Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
[89]Substituted by Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969) section 22
(a) for “the purpose of the proposed acquisition is to obtain land for the
erection of dwelling houses for workmen employed by the Company or for the
provision of amenities directly connected therewith or that the proposed
acquisition is needed for the construction of a work, and that such work is
likely to prove useful to the public”.
[90]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
for “it”.
[91]The words “subject to such
rules as the G.G. in C. may from time to time prescribe in this behalf”, repealed
by the Devolution Act 1920 (XXXVIII of 1920), section 2 and Schedule I.
[92]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “with the
Secretary of State for India in Council”.
[93]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
Schedule III, for “Provincial Government” which had been substituted, for
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[94]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937 for “payment to
Government”.
[95]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[96]Substituted by the Land
Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the original
clauses (4) and (5), Clause (5) was, later, substituted by the Land Acquisition
(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[97]The words “in the Gazette of
India And also” repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[98]Substituted, ibid., for “local official Gazette”.
[99]Substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
23, for “and shall thereupon (so far as regards the terms on which the public
shall be entitled to use the work) have the same effect as if it had formed
part of this Act”.
[100]X of 1870, repealed by this
Act.
[101]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “under any
agreement between such company and the Secretary of State for India in Council,
the govt. is, or was, bound to provide land”.
[102]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949), Schedule, for “or
any Government in British India”.
[103]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
[104]Inserted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[105]XIV of 1866, subsequently
replaced by the Post Office Act, 1898 (VI of 1898).
[106]The words and brackets, “or
(within the towns of Calcutta, Madras and Bombay) to the Commissioner of
Police”, omitted by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.4 of 1949).
[107]The words and brackets, “as
Commissioner (as the case may be)”, omitted ibid.
[108]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[110]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[111]Substituted by the West
Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”.
[112]Substituted
for the word “Commissioner” by the Land Acquisition (Punjab Amendment)
Ordinance, 2001 (XXXIII of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[113]Inserted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[114]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908.
[115]Substituted by the Land
Acquisition (Amendment), Act 1921 (X of 1921), section 3.
[116]Substituted by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “His Majesty in Council”.
[117]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[118]The words “subject to the
control of the G.G. in C”, which had been inserted by the Decentralization Act,
1914 (IV of 1914), were repealed by section 2 and Schedule I of the Devolution
Act, 1920 (XXXVIII of 1920).
[119]The proviso which had been
added by section 2 and Schedule I of the Devolution Act, 1920 (XXXVIII of
1920), was repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[120]The words “when sanctioned by
the G.G. in C” were repealed by the Decentralization Act, 1914 (IV of 1914),
section 2 and Schedule, Part I.
