PUNJAB GOVERNMENT LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950
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THE PUNJAB GOVERNMENT LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950 (XVI of 1950)
TEXT 1THE PUNJAB 2[GOVERNMENT] LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950 (XVI of 1950) [10 June 1950] An Act to provide for resumption of certain grants of 3[Government] land. Preamble.– WHEREAS certain grants of 4[Government] land were made under section 10 of the Colonization of Government Lands (Punjab) Act, 1912, during the years 1945 to 1947 in material disregard of public interest and Government policy and of procedure governing the making of such grants;
AND WHEREAS the Governor of the Punjab has, in pursuance of a proclamation issued 5 by the Governor-General of Pakistan under section 92-A of the Government of India Act, 1935, assumed on behalf of the Governor-General all powers vested in or exercisable by the Provincial Legislature under the said Act;
NOW, THEREFORE, in exercise of the powers so assumed the Governor is hereby pleased to enact as follows:–
Section 1. Short title, extent and commencement
(1) This Act shall be called the Punjab 6[Government] Lands (Resumption of Grants and Extinguishment of Rights) Act, 1950.
(2) It shall extend to the whole of the Punjab.
(3) It shall come into force at once.
Section 2. Definitions
In this Act unless there is anything repugnant in the subject or context the word–
(i) “Collector” shall have the meaning assigned to it in section 3 of the Colonization of Government Lands (Punjab) Act, 1912 7;
(ii) “Grantee” means a person to whom a grant of land is made on any terms by the Government under the Colonization of Government Lands
1This Act was assented to by the Governor of the Punjab on June 9, 1950, published in the Punjab Gazette (Extraordinary), dated June 10, 1950, pp. 115-116.
2Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. 8.6.1962), published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with Schedule.
3Ibid.
4Ibid. 5It was issued on January 24, 1949 and stood revoked on April 5, 1951.
6Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. 8.6.1962), published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with Schedule.
7V of 1912.
(Punjab) Act, 1912 1, and includes the successor in interest of such grantee; and
(iii) “Government” means the Provincial Government 2[*].
Section 3. Resumption of grants and extinguishment of rights in land
Notwithstanding anything contained in the Colonization of Government Lands (Punjab) Act, 1912 3, or any other law for the time being in force, the Government if satisfied, after such enquiry as it may consider necessary, that any grant of 4[Government] land, on any conditions, made during the years 1945 to 1947 was made in disregard of public interest or Government’s policy or of the procedure required to be followed in such cases, whether the grantee has taken possession of the land or not and irrespective of the acquisition of proprietary rights in the land by the grantee, may order resumption of the grant and extinguishment of all rights of the grantee in the land covered by the grant from such date as it may specify generally or in particular cases.
Section 4. Collector to resume possession and grant of compensation, etc
(1) Where an order resuming any grant or extinguishing rights in land covered by such grant has been made under the last section, the Collector may forthwith re-enter upon the said land and resume possession thereof.
(2) The grantee or any one claiming through or under him shall not be entitled to any compensation except for any buildings erected or trees planted by him on the land which in the opinion of the Government were necessary for the enjoyment of the grant.
(3) If prior to the making of an order under section 3 proprietary rights have been acquired by the grantee in the whole or part of any land covered by the grant, the money paid by him towards such acquisition shall be refunded.
Section 5. Possession to be taken pending payment of compensation, etc
(1) Where a grantee is entitled to any compensation under sub-section (2) or to any refund under sub-section (3) of section 4, the Collector may take possession of the land pending payment thereof.
(2) The amount of the compensation shall be assessed by such officer and on such basis and be paid in such manner as may be prescribed by rules made by the Government in this behalf.
Section 6. Bar of Courts jurisdiction
No court shall have jurisdiction in any matter which the Government or a Collector or any other officer appointed by the Government is empowered by this Act to dispose of, or shall take cognizance of the manner in, or the reasons for, which the Government or a Collector or other officer appointed by Government, exercises any power vested in it or in him by or under this
Act.
1V of 1912. 2Omitted the words “of the Punjab” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957)(w.e.f. 14.10.1955), published in the Gazette of West Pakistan (Extraordinary), dated July 2, 1957, pp. 709-789, s. 3 read with Schedule III. 3V of 1912.
4Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. 8.6.1962), published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with Schedule.
Section 7. Rules
The Government may frame rules for carrying out the purposes of this Act.
Print contents from the source
CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Resumption of grants and extinguishment of rights in land. 4. Collector to resume possession and grant of compensation, etc. 5. Possession to be taken pending payment of compensation, etc. 6. Bar of Courts jurisdiction. 7. Rules.
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THE PUNJAB GOVERNMENT LANDS (RESUMPTION OF
GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950
(XVI of 1950)
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Resumption of grants and extinguishment of rights in land.
4. Collector to resume possession and grant of compensation, etc.
5. Possession to be taken pending payment of compensation, etc.
6. Bar of Courts jurisdiction.
7. Rules.
TEXT
1
THE PUNJAB
2
[GOVERNMENT] LANDS (RESUMPTION OF GRANTS AND
EXTINGUISHMENT OF RIGHTS) ACT, 1950
(XVI of 1950)
[10 June 1950]
An
Act
to provide for resumption of certain grants of
3
[Government] land.
Preamble.– WHEREAS certain grants of
4
[Government] land were made under
section 10 of the Colonization of Government Lands (Punjab) Act, 1912, during the
years 1945 to 1947 in material d isregard of public interest and Government policy
and of procedure governing the making of such grants;
AND WHEREAS the Governor of the Punjab has, in pursuance of a
proclamation issued
5
by the Governor-General of Pakistan under section 92 -A of the
Government of India Act, 1935, assumed on behalf of the Governor -General all
powers vested in or exercisable by the Provincial Legislature under the said Act;
NOW, THEREFORE, in exercise of the powers so assumed the Governor is
hereby pleased to enact as follows:–
1. Short title, extent and commencement .– (1) This Act shall be called the
Punjab
6
[Government] Lands (Resumption of Grants and Extinguishment of Rights)
Act, 1950.
(2) It shall extend to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act unless there is anything repugnant in the subject or
context the word–
(i) “Collector” shall have the meaning assigned to it in section 3 of the
Colonization of Government Lands (Punjab) Act, 1912
7
;
(ii) “Grantee” means a p erson to whom a grant of land is made on any
terms by the Government under the Colonization of Government Lands
1This Act was assented to by the Governor of the Punjab on June 9, 1950, published in the Punjab Gazette (Extraordinary),
dated June 10, 1950, pp. 115-116.
2Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. 8.6.1962), published in the
Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with Schedule.
3Ibid.
4Ibid.
5It was issued on January 24, 1949 and stood revoked on April 5, 1951.
6Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Ord er, 1964 (w.e.f. 8.6.1962), published in the
Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with Schedule.
7V of 1912.
(Punjab) Act, 1912
1
, and includes the successor in interest of such
grantee; and
(iii) “Government” means the Provincial Government
2
[*].
3. Resumption of grants and extinguishment of rights in land .–
Notwithstanding anything contained in the Colonization of Government Lands (Punjab)
Act, 1912
3
, or any other law for the time being in force, the Government if satisfied,
after such enquiry as it may consider necessary, that any grant of
4
[Government] land,
on any conditions, made during the years 1945 to 1947 was made in disregard of
public interest or Government’s policy or of the procedure required to be followed in
such cases, whether the grantee has taken possession of the land or not and
irrespective of the acquisition of proprietary rights in the land by the grantee, may
order resumption of the grant and extinguishment of all rights of the grantee in the land
covered by the grant from such date as it may specify generally or in particular cases.
4. Collector to resume possession and grant of compensation, etc .– (1)
Where an order resuming any grant or extinguishing rights in land covered by such
grant has been made under the last section, the Col lector may forthwith re -enter
upon the said land and resume possession thereof.
(2) The grantee or any one claiming through or under him shall not be
entitled to any compensation except for any buildings erected or trees planted by him
on the land which i n the opinion of the Government were necessary for the
enjoyment of the grant.
(3) If prior to the making of an order under section 3 proprietary rights have
been acquired by the grantee in the whole or part of any land covered by the grant,
the money paid by him towards such acquisition shall be refunded.
5. Possession to be taken pending payment of compensation, etc .– (1)
Where a grantee is entitled to any compensation under sub -section (2) or to any
refund under sub -section (3) of section 4, the Collect or may take possession of the
land pending payment thereof.
(2) The amount of the compensation shall be assessed by such officer and
on such basis and be paid in such manner as may be prescribed by rules made by
the Government in this behalf.
6. Bar of Co urts jurisdiction .– No court shall have jurisdiction in any matter
which the Government or a Collector or any other officer appointed by the
Government is empowered by this Act to dispose of, or shall take cognizance of the
manner in, or the reasons for, w hich the Government or a Collector or other officer
appointed by Government, exercises any power vested in it or in him by or under this
Act.
1V of 1912.
2Omitted the words “of the Punjab” by the West Pakistan (Adaptation and Repeal of Law s) Act, 1957 (XVI of 1957) (w.e.f.
14.10.1955), published in the Gazette of West Pakistan (Extraordinary), dated July 2, 1957, p p. 709-789, s. 3 read with
Schedule III.
3V of 1912.
4Substituted for the word “Crown” by the West Pakistan Laws (Adaptation) Ord er, 1964 (w.e.f. 8.6.1962), published in the
Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2 read with Schedule.
7. Rules.– The Government may frame rules for carrying out the purposes of
this Act.This law in the library
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Section 92
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verning the making of such grants; AND WHEREAS the Governor of the Punjab has, in pursuance of a proclamation issued 5 by the Governor-General of Pakistan under section 92 -A of the Government of India Act, 1935, assumed on behalf of the Governor -General all powers vested in or exercisable by the Provincial Legislature under the said Act; NOW, THEREFORE, in exercise of the powers so assumed
Section 3
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ees planted by him on the land which i n the opinion of the Government were necessary for the enjoyment of the grant. (3) If prior to the making of an order under section 3 proprietary rights have been acquired by the grantee in the whole or part of any land covered by the grant, the money paid by him towards such acquisition shall be refunded. 5. Possession to be taken pending payment of comp
Section 4
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e taken pending payment of compensation, etc .– (1) Where a grantee is entitled to any compensation under sub -section (2) or to any refund under sub -section (3) of section 4, the Collect or may take possession of the land pending payment thereof. (2) The amount of the compensation shall be assessed by such officer and on such basis and be paid in such manner as may be prescribed by rules made
Provisions explicitly cited in other instruments 2
Section 10 of COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912
Cited by PUNJAB GOVERNMENT LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950
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1950] An Act to provide for resumption of certain grants of 3 [Government] land. Preamble.– WHEREAS certain grants of 4 [Government] land were made under section 10 of the Colonization of Government Lands (Punjab) Act, 1912, during the years 1945 to 1947 in material d isregard of public interest and Government policy and of procedure governing the making of such grants; AND WHEREAS the Governor of the Punjab has, in pursuance of a proclama
Target heading · COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912
10. Issue of statem ents of conditions of tenancies .–
Section 3 of COLONIZATION OF GOVERNMENT LANDS (PUNJAB) ACT, 1912
Cited by PUNJAB GOVERNMENT LANDS (RESUMPTION OF GRANTS AND EXTINGUISHMENT OF RIGHTS) ACT, 1950
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once. 2. Definitions.– In this Act unless there is anything repugnant in the subject or context the word– (i) “Collector” shall have the meaning assigned to it in section 3 of the Colonization of Government Lands (Punjab) Act, 1912 7 ; (ii) “Grantee” means a p erson to whom a grant of land is made on any terms by the Government under the Colonization of Government Lands 1This Act was assen
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