{ "schema_version": "qanun-law-text/1", "id": "punjab-code-3190ecfa99cbab4a", "title": "PUNJAB SOIL RECLAMATION ACT, 1952", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UGUCNQs0UGc-", "version": null, "source_snapshot": "2026-08-06T17:00:47Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "3e0df18aceb598c3b53a047e4f1008e1cdb3d3d87f448f70908ff46f04177064", "source_sha256": "3e0df18aceb598c3b53a047e4f1008e1cdb3d3d87f448f70908ff46f04177064", "text_version_id": "law:punjab-code-3190ecfa99cbab4a:sha256:3e0df18aceb598c3b53a047e4f1008e1cdb3d3d87f448f70908ff46f04177064", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB SOIL RECLAMATION ACT, 1952 \r\n(XXI of 1952) \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Title, Extent and Commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nConstitution of the Board \r\n3. The Board a body corporate. \r\n4. Constitution of the Board and term of office of Members. \r\n5. Power of Government to alter membership of the Board. \r\nCHAPTER III \r\nProceedings of the Board, its committees, officers and servants and supply of \r\ninformation to Government \r\n6. Meetings of the Board. \r\n7. Temporary association of members with the Board. \r\n8. Constitution and functions of Committee. \r\n9. Meetings of Committees. \r\n10. Appointment of officers, etc. \r\n11. Recruitment, conditions of service and disciplinary powers. \r\n12. Control by Chairman. \r\n13. Delegation of powers. \r\n14. Supply of information and documents to Government. \r\n15. Scrutiny of soil reclamation activities of other Departments. \r\n16. Use of mechanical plants of Departments. \r\nCHAPTER IV \r\nSchemes and procedure to be followed in framing them \r\n17. Scheme for reclamation. \r\n18. Publication of notice as to schemes and supply of documents to \r\napplicants. \r\n19. Notice of proposed acquisition of land. \r\n20. Consideration of objections and application for sanction of scheme. \r\n21. Government may sanction, reject or return scheme. \r\n22. Notification of sanction of scheme. \r\n23. Alteration of scheme after sanction. \r\n24. Merging of different schemes in one consolidated scheme. \r\n25. Passing over of works and services to owners. \r\n26. Control over underground water. \r\nCHAPTER V \r\nPowers and Duties of the Board \r\n27. Notification of local area. \r\n28. General Powers. \r\n29. Power of controlling, letting of land. \r\n30. Facility in the movement of population. \r\n31. Surveys or contribution towards their cost. \r\n32. Power of entry. \r\nCHAPTER VI \r\nAcquisition, abandonment of acquisition of land \r\nand levy of reclamation fee \r\n33. Modification of Act I of 1894. \r\n34. Acquisition of land in urgent cases. \r\n35. Tribunals. \r\n36. Appeals. \r\n37. Abandonment of acquisition. \r\n38. Reclamation fee. \r\n39. Fresh acquisition. \r\nCHAPTER VII \r\nFinance \r\n40. Board Fund. \r\n41. Board to levy taxes. \r\n42. Grants-in-aid. \r\n43. Borrowing of money. \r\n44. Custody and investment of Board Funds. \r\n45. Procedure on failure of the Board to repay loans. \r\n46. Recouping of payments made by Government. \r\n47. Payment by Government to be a charge on the property of the Board. \r\nCHAPTER VIII \r\nRules and bye-laws \r\n48. Power of Government to make rules. \r\n49. Power of the Board to make bye-laws. \r\n50. Printing and sale of copies of rules and bye-laws. \r\n51. Power of Government to cancel bye-laws made under section 49. \r\nCHAPTER IX \r\nProcedure and penalties \r\n52. Signature on notice, summons, order, requisition, proclamation or bill. \r\n53. Method of giving public notice. \r\n54. Service of notice. \r\n55. Penalty for disobedience. \r\n56. Powers of the Board to execute works on failure to comply with notice, \r\nsummons, order or requisition. \r\n57. Liability of occupier to pay on in default of owner. \r\n58. Right of occupier to execute works in default of owner. \r\n59. Opposition to execution by occupier. \r\n60. Recovery of cost of execution by the occupier from owner. \r\n61. Relief to agents and trustees. \r\n62. Penalty for removing machinery etc. \r\n63. Penalty for obstructing land reclamation operations or a contractor or \r\nremoving mark. \r\n64. Power of Board in case of squatters and trespassers and persons in the \r\nunauthorised possession of land. \r\n65. Penalty for unauthorised cultivation, etc. \r\n66. \r\nCHAPTER X \r\nSupplemental provisions \r\n67. Members, etc., deemed public servants. \r\n68. Contribution by the Board towards leave, allowances and pensions of \r\nGovernment servants. \r\n69. Authority for prosecution. \r\n70. Recovery of dues. \r\n71. Powers of Chairman as to institution, etc., of legal proceedings and \r\nobtaining legal advice. \r\n72. Indemnity of acts under the Act. \r\n73. Notice of suit against the Board, etc. \r\n74. Mode of proof of the records. \r\n75. Restriction on the summoning of the servants of the Board to produce \r\ndocuments. \r\n76. Validation of acts and proceedings. \r\n77. General power of the Board to pay compensation. \r\n78. Compensation for damage to Board’s property. \r\n79. Ultimate dissolution of the Board and transfer of its assets and liabilities \r\nto an Administrator. \r\nSCHEDULE \r\n(Referred to in section 33) \r\nMODIFICATIONS IN THE LAND ACQUISITION ACT I OF 1894, HEREIN AFTER \r\nCALLED “THE SAID ACT” \r\n1. Amendment of section 3. \r\n2. Notification under section 4 and declaration under section 6 to be \r\nreplaced by notification under sections 18 and 22 of this Act. \r\n3. Amendment of Section 11. \r\n4. Amendment of Section 15. \r\n5. New Addition of Section 16-A. \r\n6. Amendment of Section 17. \r\n7. Amendment of Section 18. \r\n8. Amendment of Section 19. \r\n9. Amendment of Section 20. \r\n10. Amendment of Section 23. \r\n11. Amendment of Section 24. \r\n12. New Section 24-A. \r\n13. Amendment of Section 25. \r\n14. Amendment of Section 31. \r\n15. New Section 48-A. \r\n16. Amendment of Section 49. \r\n17. Amendment of Section 50. \r\n18. Deletion of Section 54. \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB SOIL RECLAMATION ACT, 1952 \r\n(XXI of 1952) \r\n[14 July 1952] \r\nAn \r\nAct \r\nto provide for the speedy reclamation and improvement of the areas damaged by \r\nThur and Sem \r\n2\r\n[, for preventing further damage and for maximizing agricultural \r\nproduction]. \r\nPreamble.– WHEREAS it is expedient to make provision for the speedy reclamation \r\nand improvement of the areas damaged by Thur and Sem \r\n3\r\n[, for preventing further \r\ndamage and for maximizing agricultural production]: \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary \r\n1. Title, Extent and Commencement .– (1) This Act may be called the \r\n4\r\n[*] \r\n5\r\n[Punjab] Soil Reclamation Act, 1952. \r\n (2) It extends to the whole of \r\n6\r\n[\r\n7\r\n[the Punjab] except the Tribal Areas]. \r\n (3) It shall come into force at once, but the provisions of Chapters IV to VI \r\nshall apply only to such areas and from such date as may be specifie d in the \r\nnotification issued under section 27. \r\n2. Definitions.– In this Act unless there is anything repugnant in the subject or \r\ncontext– \r\n(i) “Board” means the \r\n8\r\n[\r\n9\r\n[Punjab Land and Water Development Board ]] \r\n \r\n1This Act was passed by the Punjab Assembly on May 10, 1952, assented to by the Governor of the Punjab on June 20, 1952, \r\npublished in the Punjab Gazette (Extraordinary), dated July 14, 1952, pp. 299-350. \r\n2Substituted for the words “and for preventing further damage” by the Punjab Soil Reclamation (West Pakistan Amendment) \r\nOrdinance, 1964 (V of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. \r\n2. \r\n3Ibid., s.3. \r\n4Omitted the word “Punjab” by the Ordinance ibid., s.4(a). \r\n5Added by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), published in the Punjab Gazette (Extraordinary), \r\ndated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1), read with Schedule, Part II. \r\n6Substituted for the words “the Punjab” by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of \r\n1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 4(b). \r\n7Substituted for the words “the Punjab” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), published in the \r\nPunjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1), read with Schedule, Part II. \r\n8Substituted for the words “Punjab Soil Reclamation Board” by the Punjab Soil Reclamation (West Pakistan Amendment) \r\nOrdinance, 1964 (V of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. \r\n5. \r\n9Substituted for the words “West Pakistan Land and Water Development Board” by the Punjab Laws (Adaptation) Order, 1974 \r\n(Pb. A.O. 1 of 1974), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A-1425-PP, Article \r\n2(1), read with Schedule, Part II. \r\nappointed under this Act; \r\n1\r\n[(ii) “canal officer” m eans an officer defined as such in the Canal and \r\nDrainage Act, 1873 (VIII of 1873), or the Sind Irrigation Act, 1879 (Sind \r\nVII of 1879), as may be applicable to the area, and includes any officer \r\nappointed under this Act to exercise all or any of the power s of a canal \r\nofficer; \r\n(iii) “canal”, “water-course” and “drainage work” have the same meanings \r\nas are assigned to them respectively in the Canal and Drainage Act, \r\n1873 (VIII of 1873), or the Sind Irrigation Act, 1879 (Sind Act VII of \r\n1879), as may be applicable to the area;] \r\n(iv) “Chairman” means the Chairman of the \r\n2\r\n[\r\n3\r\n[Punjab Land and Water \r\nDevelopment Board] appointed under section 4 of this Act; \r\n(v) “Collector” includes any officer appointed under this Act to exercise all \r\nor any of the powers of a Collector; \r\n(vi) “Commissioner” includes any officer appointed under this Act to \r\nexercise all or any of the powers of a Commissioner; \r\n(vii) “department” means a department of the \r\n4\r\n[*] Government; \r\n(viii) “District” means a district as fixed for revenue purposes; \r\n(ix) “Government” means the \r\n5\r\n[Provincial Government of the Punjab]; \r\n(x) “holding” means a share or portion of an estate held by one land owner \r\nor by two or more land owners jointly; \r\n(xi) “improvement” means improving or preserving the productive capacity \r\nof a soil; \r\n(xii) “land” includes land as defined in clause (a) of section 3 of the Land \r\nAcquisition Act, 1894\r\n6\r\n; \r\n7\r\n[(xiii) * * * * * * * * * ] \r\n(xiv) “local area” means an area to which the provisions of Chapters IV to VI \r\nof this Act have been extended; \r\n(xv) “local authority” has the same meaning as in section 2 of the Local \r\n \r\n1Substituted by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), published in the \r\nGazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 6(a). \r\n2Substituted for the words “Punjab Soil Reclamation Board” by the Ordinance ibid., s. 5. \r\n3Substituted for the words “West Pakistan Land and Water Development Board” by the Punjab Laws (Adaptation) Order, 1974 \r\n(Pb. A.O. 1 of 1974), published in the Punjab Gazette (Ex traordinary), dated November 20, 1974, pp. 1425 -A-1425-PP, Article \r\n2(1), read with Schedule, Part II. \r\n4Omitted the word “Punjab” by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 6(b). \r\n5Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 19 74, pp. 1425 -A-1425-PP, Article 2(1), read with \r\nSchedule, Part II, whereas omitted the words “the Punjab” by the Punjab Soil Reclamation (West Pakistan Amendment) \r\nOrdinance, 1964 (V of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. \r\n6(c). \r\n6I of 1894. \r\n7Omitted by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 6(d). \r\nAuthorities Loans Act, 1914\r\n1\r\n; \r\n(xvi) “Member” means member of Soil Reclamation Board appointed under \r\nsection 4 of this Act; \r\n2\r\n[(xvi-A) “officer” means an officer of the Board other than th e Chairman or a \r\nmember;] \r\n(xvii) “Prescribed” means prescribed by rules made by Government under \r\nthis Act; \r\n(xviii) “Reclamation fee” means a fee imposed for soil reclamation under this \r\nAct; \r\n3\r\n[(xix) “rent” includes rent as defined in any law relating to tena ncy for the \r\ntime being in force in the area;] \r\n(xx) “scheme” means a scheme framed under this Act; \r\n(xxi) “Secretary” means Secretary of the Board \r\n4\r\n[** * *]; \r\n(xxii) “sem” means the rise of sub -soil water -table so high that the water \r\nactually oozes out of the land or the land remains constantly damp and \r\nwhere the context so permits “sem”, “sem land” or “sem affected land” \r\nmeans any land or area affected by “sem” and includes such land or \r\nareas as may by notification be declared as “sem” from time to time; \r\n5\r\n[(xxiii) “soil reclamation” and “reclamation” mean rendering thur and sem \r\nlands free from excessive salts and water respectively so as to make \r\nthem fit for normal cropping and include– \r\n(a) measures against deterioration of land; \r\n(b) total development of th e area with a view to maximizing \r\nagricultural production; and if any, question arises– \r\n(1) whether any matter comes within the purview of the terms \r\n‘soil reclamation’ and ‘reclamation’ or not, or \r\n(2) as to the extent of reclamation operations carried out , or \r\nrequired to be carried out in any area, \r\nthe question shall be referred to the Board, whose \r\ndecision shall be final and shall not be called in question \r\nby or before any Court.] \r\n(xxiv)“tenant” includes the predecessors and successors -in- interest of a \r\ntenant; \r\n(xxv) the expressions “tree”, “timber” and “cattle” have the meanings \r\n \r\n1X of 1914. \r\n2Inserted by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), published in the Gazette \r\nof West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 6(e). \r\n3Substituted by the Ordinance ibid., s.6(f). \r\n4Omitted the words “appointed under section 4 of this Act” by the Ordinance ibid., s. 6(g). \r\n5Substituted by the Ordinance ibid., s. 6(h). \r\nrespectively assigned thereto in the Forest Act, 1927\r\n1\r\n; \r\n(xxvi) “thur” means salt efflorescence at the surface of the land rendering \r\nthe surface white, ash coloured, black or brown, or not discoloured but \r\npresenting an oily appearance and where the context so permits \r\n“thur”, “thur land” or “thur affected land” means any land or area \r\naffected by thur and includes such land or area as may by notification \r\nbe declared as “thur” from time to time; \r\n(xxvii) “Tribunal” means a tribunal constituted under this Act; and \r\n(xxviii) “tubewell” means well worked with electric or thermal power to draw \r\nout sub-soil water. \r\nCHAPTER II \r\nConstitution of the Board \r\n3. The Board a body corporate .– The duty a nd power of carrying out the \r\nprovisions of this Act in any local area shall, subject to the conditions and limitations \r\nhereinafter contained, be vested in the Board which shall be a body corporate, and \r\nshall have perpetual succession and a common seal, and shall be competent to sue \r\nand be sued in its name. \r\n2\r\n[4. Constitution of the Board and term of office of Members .– (1) The Board \r\nshall consist of– \r\n(a) Chairman appointed by Government, who shall not be below the status \r\nof Member Board of Revenue, West Pakistan\r\n3\r\n; \r\n(b) five Members, who shall be Secretaries to Government of \r\n4\r\n[the Punjab] \r\nin the Departments of Finance, Irrigation, Agriculture, Co -operation, \r\nBasic Democracies, and Local Government; \r\n(c) Chairman, \r\n5\r\n[the Punjab] Water and Power Development Authority; and \r\n(d) Chairman, \r\n6\r\n[the Punjab] Agricultural Development Corporation. \r\n (2) Every member shall be appointed by virtue of office and continue to be \r\na member so long so he holds that office. \r\n5. Power of Government to alter membership of the Board .– Government \r\nshall have the power to alter the membership of the Board as and when considered \r\nnecessary.] \r\nCHAPTER III \r\nProceedings of the Board, its committees, officers and servants and supply of \r\n \r\n1XVI of 1927. \r\n2Substituted for original sections 4 and 5 by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance , 1964 (V of \r\n1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 7. \r\n3Now “Punjab”. \r\n4Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 (1) read \r\nwith Schedule, Part II, Sr. No. 10. \r\n5Ibid. \r\n6Ibid. \r\ninformation to Government \r\n6. Meetings of the Board .– (a) The Board sh all ordinarily meet for the \r\ntransaction of business at least once \r\n1\r\n[in two months] at such time as the Chairman \r\nmay fix, provided that the Chairman may, whenever he thinks fit, and shall, upon the \r\nwritten request of not less than two members, and within 10 days of the request, call \r\na special meeting. \r\n(b) The quorum necessary for the transaction of business at an ordinary or \r\nspecial meeting shall be three: provided that if at any such meeting a \r\nquorum is not present, the Chairman or if he be not present the \r\nSecretary subject to such directions as the Chairman may have given, \r\nshall adjourn the meeting to such other day as he may think fit and the \r\nbusiness which would have been brought before the original meeting, if \r\nthere had been a quorum present, shall be br ought before and \r\ntransacted at the adjourned meeting whether there be a quorum \r\npresent or not. \r\n(c) At every meeting the Chairman, if he be present, and in his absence \r\nsuch one of the members present as may be chosen by the meeting, \r\nshall preside. \r\n(d) All q uestions which come before any meeting shall be decided by a \r\nmajority of the votes of the members present, the Chairman of the \r\nmeeting in case of an equality of votes having a second or casting \r\nvote. \r\n(e) (i) Minutes of the proceedings with the names o f the members \r\npresent at each meeting shall be drawn up and recorded in a \r\nbook to be kept for the purpose, and shall be signed by the \r\nperson presiding at the meeting within one week of the meeting \r\nto which these relate, and shall at all reasonable times be open \r\nto inspection by any member, and no member shall be entitled \r\nto object to the minutes of any meeting unless he was present at \r\nthe meeting to which they relate. \r\n(ii) The minutes of a meeting shall be put up at the next meeting \r\nand shall be confirmed w ith such alterations as may be \r\nnecessary to bring them in accord with the true facts of the \r\nproceedings of the meeting. \r\n7. Temporary association of members with the Board .– (1) The Board may \r\nassociate with itself in such manner and for such period as may b e prescribed by \r\nbye-laws made under section 49, any officer of a Government department or other \r\nperson whose assistance or advice it may desire in carrying out any of the provisions \r\nof the Act. \r\n (2) An Officer or person associated with itself by the Board under sub \r\nsection (1) for any particular purpose, shall have a right to take part in the \r\ndiscussions of the Board relative to that purpose, but shall not have a right to vote for \r\nits decision and shall not be deemed to be a member of the Board or be entitl ed \r\n \r\n1Substituted for the words “a month” by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 8. \r\neven to take part in discussion regarding any purpose other than the purpose for \r\nwhich he was associated. \r\n8. Constitution and functions of Committee.– (1) The Board may from time to \r\ntime appoint Committees consisting of such persons of any of the follow ing classes \r\nas it may deem fit, namely:– \r\n(i) members; \r\n(ii) persons associated with the Board under section 7; and \r\n(iii) other persons whose services, assistance or advice the Board may \r\ndesire as members of such Committees; \r\n provided that no such Committee shall consist of less than three persons and \r\nthat at least one of them shall be a member of the Board and the Secretary \r\nshall be ex-officio Secretary of every such Committee. \r\n (2) The Board may:– \r\n(a) refer to a Committee for inquiry and report any matter r elating to any of \r\nthe purposes of this Act; and \r\n(b) delegate to a Committee by resolution and subject to any bye -laws \r\nmade under section 49, any of the powers or duties of the Board. \r\n (3) The Board may at any time dissolve or, subject to the provisions of \r\nsubsection (1), alter the constitution of any Committee. \r\n (4) Every Committee shall conform to instructions given to it by the Board \r\nfrom time to time. \r\n (5) All proceedings of a Committee shall be subject to confirmation by the \r\nBoard. \r\n (6) Any person associated with the Board under subsection (1) of section 7 \r\nor appointed as member of a Committee under clause (iii) of subsection (1) shall be \r\nentitled to receive such remuneration as may be \r\n1\r\n[fixed by the board]. \r\n9. Meetings of Committees .– (1) Committees app ointed under section 8 may \r\nmeet and adjourn as they think proper; but the Chairman of the Board may whenever \r\nhe deems fit call a special meeting of any such Committee, and shall call a special \r\nmeeting upon the written request of not less than two members o f the Committee \r\nwithin 10 days of the receipt of the request. \r\n (2) A meeting of a Committee shall be presided over; \r\n(i) by the Chairman if he be present; or \r\n(ii) if the Chairman be not present and there be present only one member \r\nof the Board who is on the Committee, by such member; or \r\n(iii) if there be not present the Chairman but there be present more than \r\none members of the Board who are on the Committee by any one of \r\nthem chosen by the Committee for the purpose; or \r\n \r\n1Substituted for the word “prescribed” by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V o f \r\n1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 9. \r\n(iv) if there is no member of the Boar d present who is on the Committee, \r\nby any member of the Committee chosen by the Committee. \r\n (3) All questions which come before any meeting of a Committee shall be \r\ndecided by a majority of the votes of the members present, the person presiding at \r\nthe meeting having a second or casting vote in case of equality of votes. \r\n (4) No business shall be transacted at any meeting of a Committee unless \r\nat least two of its members are present. In the case of want of quorum the Chairman \r\nor if he be not present the Secre tary shall proceed under the provisions of the \r\nproviso to section 6(1)(b). \r\n1\r\n[10. Appointment of officers, etc .– (1) The Board may appoint such officers, \r\nadvisers and servants as it considers necessary for the efficient performance of its \r\nfunctions on such terms and conditions as it may deem fit. \r\n (2) The Chairman may, in cases of emergency appoint such officers, \r\nadvisers or servants on such terms and conditions as he thinks fit: \r\n Provided that every such appointment shall be reported to the Board without \r\nunreasonable delay and shall not continue beyond six months unless approved by \r\nthe Board. \r\n11. Recruitment, conditions of service and disciplinary powers .– (1) \r\nProcedure for the appointment of the officers and servants of the Board and the \r\nterms and the cond itions of their service shall be such as may be provided by bye -\r\nlaws. \r\n (2) Subject to rules and bye -laws, the Board shall be competent to take \r\ndisciplinary action against its officers and servants.] \r\n12. Control by Chairman.– The Chairman shall exercise sup ervision and control \r\nover all officers and servants of the Board and subject to the foregoing sections, \r\nshall dispose of all questions relating to the service of these officers and servants \r\nand their pay, privileges and allowances. \r\n2\r\n[13. Delegation of powers.– (1) The Board may delegate to the Chairman or any \r\nMember or officers any of its powers under this Act or the rules or bye-laws. \r\n (2) The Chairman may likewise delegate to any Member or officer any of \r\nhis powers under this Act or the rules or bye -laws, not being a power delegated to \r\nhim by the Board under sub-section (1).] \r\n14. Supply of information and documents to Government .– (1) The Chairman \r\nshall forward to the Government a copy of the minutes of the proceedings of each \r\nmeeting of the Board within t en days from the date on which such minutes are \r\nsigned as prescribed in clause (e) of subsection (1) of section 6. \r\n \r\n1Substituted the sections 10 and 11 by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp.1647 -1652, s. 10 and amended vide \r\nNotification No. SO.V(O&M) -2-15/72, dated the January 23, 1973, the Secretary to Government of the Punjab (I&P) is \r\nappointed as “Administrative” whereas the Board stood dissolved w.e.f January 31, 1973, A.N simultaneously. \r\n2Substituted the sections 10 and 11 by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 11. \r\n (2) If the Government so directs in any case the Chairman shall forward to \r\nit a copy of all the papers which were laid before the Board for consideration at any \r\nmeeting. \r\n (3) The Government may require the Chairman to furnish it with:– \r\n(i) any return, statement, estimate, statistics or other information \r\nregarding any matter under the control of the Board; or \r\n(ii) a report on any such matter; or \r\n(iii) a copy of any document in the charge of the Chairman, or in the office \r\nof the Board. \r\n The Chairman shall comply with every such requisition without unreasonable \r\ndelay. \r\n15. Scrutiny of soil reclamation activities of other Departments .– The Board \r\nshall have powers, subject to any rules that may be framed by the Government, to \r\nscrutinize the activities of other departments affecting soil reclamation. \r\n16. Use of mechanical plants of Departments .– The Board shall be provided, \r\nsubject to any rules that ma y be framed by the Government, if necessary, \r\nmechanical plants belonging to the various departments. \r\nCHAPTER IV \r\nSchemes and procedure to be followed in framing them \r\n17. Scheme for reclamation .– The Board may on its own motion or on the \r\napplication of any owner or any person interested in land within a local area frame or \r\nrequire a department \r\n1\r\n[or any other agency] to frame, a scheme for reclamation of \r\nthe local area or part thereof or for prevention of the spread of thur or sem likely in \r\nthe opinion of the Board to threaten the local area in the near future \r\n2\r\n[providing, \r\namongst others, for all] or any of the following matters:– \r\n(i) The acquisition under the Land Acquisition Act, 1894, as modified by \r\nthis Act, of any land or any interest in land necessary for or affected by \r\nthe execution of the scheme. \r\n(ii) The acquisition by purchase, lease, exchange or otherwise of such \r\nland or interest therein. \r\n(iii) The retention, letting on hire, lease, sale, exchange or disposal \r\notherwise of any land vested in or acquired by the Board. \r\n(iv) The relaying of any land comprised in the scheme and reservation of \r\nany part thereof not exceeding one -fifth of the total area for the \r\ncommon purposes of the village or villages comprised totally or partially \r\nin the scheme, and the red istribution of the rest of the land among the \r\nowners of the property comprised in the scheme, and management of \r\nlands reserved for common purposes. \r\n \r\n1Inserted by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), published in the Gazette \r\nof West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 12(a). \r\n2Substituted for the words “providing for all” by the Ordinance ibid., s.12(b). \r\n(v) The layout and construction of villages including the demolition of the \r\nexisting buildings by the Board or by the owners and by the Board in \r\ncase of default by the owners. \r\n(vi) The provision of facilities for communication including the layout and \r\nalteration of roads, streets, footpaths, bridle paths and waterways. \r\n(vii) The breaking up, cultivation, affores tation or plantation of lands, and \r\nthe raising, lowering or reclamation of any land for the production of \r\nfoodgrains, fruit, vegetables, fuel, fodder and the like and the provision \r\nof means of irrigation and irrigation channels by the Board or by the \r\nowners, and the Board in default of owners, the cost being recoverable \r\nfrom the owners in the latter case, if considered justified by the \r\nBoard. \r\n(viii) The draining of villages and land. \r\n(ix) The provision of a system of drains, open or covered and outfa lls for \r\nthe improvement of ill-drained lands. \r\n(x) The provision of fisheries, poultry farms, live -stock farms, dairy farms, \r\nsheep farms, bee farms, sericulture farms and the like. \r\n(xi) The installation, management and maintenance of tube-wells and lifting \r\nand disposal of underground waters by other means. \r\n(xii) The doing of all acts intended to promote the health, wellbeing and \r\nprosperity of the residents of a local area, including the soil \r\nconservation and preservation from injury or pollution of rivers an d \r\nother sources and means of water-supply. \r\n(xiii) The advances to the owners, occupiers or tenants of land comprised in \r\nthe scheme upon such term and conditions as may be prescribed \r\nunder the scheme of the whole or part of the capital requisite for \r\nbreaking up and cultivation of land, construction of watercourses, \r\ndigging drains, laying pipes overground and underground, sinking of \r\nwells, purchase of cattle, agricultural implements, machinery and seeds \r\nand for any purposes subsidiary to agriculture and for erection of \r\nhouses, godowns and cattle sheds. \r\n(xiv) The establishment of an insurance fund for insurance on compulsory or \r\nvoluntary basis of crops, and cattle, recovery for insurance premia, \r\ncontribution and distribution of benefits from the insurance fund subject \r\nto the provisions of any law applicable thereto. \r\n(xv) The execution or carrying out of survey of any scheme or part of the \r\nscheme by any Department on such terms and conditions as may be \r\nagreed upon between the Board and the Government. \r\n(xvi) Replacement of canal water-supply by tube-well or open well in part or \r\nwhole. \r\n(xvii) Carrying out of research work relating to soil reclamation through any \r\ndepartment where the facilities exist or can be provided for. \r\n(xviii) Carrying out of lining of channels in consultation with the Irrigation \r\nDepartment where the Board considers such a measure desirable. \r\n(xix) All other matters which the Board with the approval of the Government \r\nor the Government may deem necessary to promote the general \r\nefficiency of a sche me or for the reclamation and improvement of any \r\nlocal area. \r\n(xx) Notwithstanding anything contained in the Canal and Drainage Act, VIII \r\nof 1873, to provide for, in a local area– \r\n(a) the improvement, alteration, extension or curtailment of any \r\nwatercourse; \r\n(b) the amalgamation or separation of any irrigation chak; \r\n(c) the transfer of any area from one source of irrigation to another; \r\n(d) the temporary increase or decrease of water allowance to any \r\narea or total curtailment of water-supply; \r\n(e) the alteration, amendment or cancellation of any order already in \r\nforce regarding the distribution of water on any watercourse or \r\nthe mutual rights or liabilities in respect of the use, construction \r\nor maintenance of a watercourse or the issue of a fresh order \r\nsuperseding any existing order or mutual agreement; \r\n(f) the prohibition of growing of any crops or laying down any \r\nspecific crop rotation; \r\n(g) the application of any type and quantity of manuring whether \r\ngreen, artificial or farm yard; and \r\n(h) the construction of any field drains and drainage works. \r\n18. Publication of notice as to schemes and supply of documents to \r\napplicants.– (1) when a scheme under this Act has been framed, the Board shall \r\nprepare a notice stating:– \r\n(i) the fact that the scheme has been framed; \r\n(ii) the boundaries of the locality comprised in the scheme; and \r\n(iii) the place at which details of the scheme including a statement of the \r\nland proposed to be acquired or on which it is proposed to charge a \r\nReclamation Fee and a general map of the locali ty comprised in the \r\nscheme, may be inspected during specified hours. \r\n (2) The Board shall– \r\n(i) cause the said notice to be published weekly for three consecutive \r\nweeks in the official Gazette and in a newspaper or newspapers \r\nselected by the Chairman for th e purpose specifying the period which \r\nshall not be less than 30 days within which objections against the \r\nscheme will be received; and \r\n1\r\n[(ii) send a copy of the notice to– \r\n(a) the Deputy Commissioner of each District and the Chairman of \r\n \r\n1Substituted by the Soil Reclamation (Punjab Amendment) Ordinance, 1970 (VI of 1970), published in the Punjab Gazette \r\n(Extraordinary), dated November 7, 1970, pp. 433-434, s. 2. \r\neach District Council and Union Council within whose jurisdiction \r\nthe whole or any part of the locality comprised in the scheme is \r\nsituated and ask them to send to the Board, within six weeks \r\nfrom the date of the receipt of the copy of the notice, any \r\nrepresentation which the y may wish to make in respect of the \r\nscheme; and \r\n(b) each police -station and Patwarkhana within whose jurisdiction \r\nthe whole or any part of the locality comprised in the scheme is \r\nsituated for displaying it at a conspicuous place in the police -\r\nstation or Patwarkhana, as the case may be, for public \r\ninformation.] \r\n (3) The Chairman shall cause copies of the documents referred in clause \r\n(iii) of subsection (1) to be delivered to any person applying for the same on payment \r\nof such fees as may be prescribed. \r\n19. Notice of proposed acquisition of land .– (1) During the thirty days next \r\nfollowing the first day on which any notice is published under section 18 in respect of \r\nany scheme under this Act, the Board shall serve a notice on– \r\n(i) every person whom the Board has reason to believe after due enquiry \r\nto be the owner of any immovable property which it proposes to \r\nacquire for executing the scheme \r\n1\r\n[* * *]; \r\n(ii) the occupier or tenant (who need not be named) of such premises or \r\nland as the Board proposes to acquire for executing the scheme. \r\n (2) Such notice shall– \r\n(a) state that the Board proposes to acquire such property \r\n2\r\n[* * * *], for the \r\npurposes of carrying out a scheme under this Act, and \r\n(b) require such person, if he objects to such acquisition\r\n 3\r\n[* * * *], to state \r\nhis reason in writing within a period of 30 days from the service of the \r\nnotice. \r\n (3) Every such notice shall be signed by the Chairman or by an officer of \r\nthe Board authorised by him. \r\n20. Consideration of objections and application for sanction of scheme.– (1) \r\nAfter the expiry of the period respectively prescribed in clauses (i) and (ii) of \r\nsubsection (2) of section 18 and clause (b) of subsection (2) of section 19, the Board \r\nshall consider any objection or representation received in response to the notice and \r\nafter hearing all persons making any such objection or representation who may \r\ndesire to be heard in person or through representative, the Board may either \r\nabandon the scheme or apply to the Government for sanction of the scheme as \r\noriginally framed or with such modifications as the Board may deem necessary. \r\n \r\n1Omitted by the Ordinance ibid., s. 3(a). \r\n2Omitted by the Soil Reclamation (Punjab Amendment) Ordinance, 1970 (VI of 1970), published in the Punjab Gazette \r\n(Extraordinary), dated November 7, 1970, pp. 433-434, s. 3(b). \r\n3Omitted by the Soil Reclamation (Punjab Amendment) Ordinance, 1970 (VI of 1970), published in the Punjab Gazette \r\n(Extraordinary), dated November 7, 1970, pp. 433-434, s. 3(b). \r\n (2) The application made by the Board to Government under subsection \r\n(1) shall be accompanied by– \r\n(i) complete plans and details of the scheme and an estimate of the cost \r\nof executing it; \r\n(ii) a statement of the reasons for modifications, if any, made in the \r\nscheme as originally framed; \r\n(iii) a statement of objections and representations, if any, received under \r\nsection 18; \r\n(iv) a list of the names of the persons, if any, who have objected und er \r\nclause (b) of subsection (2) of section 19, to the proposed acquisition \r\nof their property, \r\n1\r\n[* * * *], and a statement of the reasons given for such \r\nobjections; and \r\n(v) a statement of the arrangements made or proposed by the Board for \r\nthe resettlement or rehousing of persons who are likely to be displaced \r\nby the execution of the scheme. \r\n21. Government may sanction, reject or return scheme .– (1) The Government \r\nmay sanction with or without modifications, or may refuse to sanction or may return \r\nfor reconsideration any scheme submitted to it under section 20. \r\n (2) If a scheme returned for reconsideration under subsection (1) is \r\nmodified by the Board, it shall be re -published in accordance with the provisions of \r\nsection 18, in every case in which the modificat ion affects the boundaries of the \r\nlocality comprised in the scheme or involves the acquisition of any land not \r\npreviously proposed to be acquired, or the levy of reclamation fee on the land which \r\nwas not previously proposed to be liable to such reclamation fee. \r\n22. Notification of sanction of scheme .– (1) Wherever the Government \r\nsanctions any scheme under this Act, it shall announce the fact by notification, and \r\nthe Board shall forthwith proceed to execute the scheme. \r\n (2) A notification under subsection (1 ) in respect of any scheme shall be \r\nconclusive evidence that the scheme has been duly framed and sanctioned and shall \r\nnot be called into question by or before any court. \r\n23. Alteration of scheme after sanction.– A scheme sanctioned by Government \r\nunder this Act, may be modified by the Board at any time during its execution: \r\n Provided that– \r\n(a) if any modification is estimated to increase the estimated net cost of \r\nexecuting the scheme by more than rupees five lakhs or 20 per cent of \r\nthe said estimated net cos t, whichever is less, such modification shall \r\nnot be made without the previous sanction of the Government, or \r\n(b) if any modification involves the acquisition, otherwise than by \r\nagreement of any land, the acquisition of which was not included in the \r\nscheme sanctioned by the Government or involves the levy of \r\nreclamation fee on land not liable to such fee under the said scheme, \r\n \r\n1Ibid., s. 4. \r\nthe procedure prescribed in the foregoing sections of this chapter shall, \r\nso far as applicable, be followed as if the modifications were a separate \r\nscheme. \r\n1\r\n[24. Merging of different schemes in one consolidated scheme .– The Board \r\nmay at any time merge in one consolidated scheme any number of schemes in \r\noperation, framed or proposed to be framed under this Act.] \r\n25. Passing over of work s and services to owners .– As soon as any scheme \r\nhas been executed by the Board or at a later date, the Board may by written \r\nrequisition call upon the owner or owners of any particular area covered by the \r\nscheme to take over and maintain any of the works a nd services in that area and the \r\nowner or owners shall be bound to comply with such requisition. \r\n26. Control over underground water.– (1) As soon as a scheme for a local area \r\nor part thereof is sanctioned as notified under subsection (1) of section 22, the use of \r\nunderground waters in that area except the water used for domestic purposes or for \r\nwatering livestock shall come under control of the Board. The Board shall frame \r\nrules to define, for different areas from time to time, the uses which are to be \r\nincluded in the term “domestic purposes or watering livestock”. \r\n (2) As soon as it is practicable after the issue of the notification under \r\nsubsection (1) of section 22, the Collector shall cause public notice to be given at \r\nconvenient places in the area conce rned stating that the use of underground waters \r\nin the said area is controlled, and that all persons using underground waters, for \r\npurposes other than domestic or for watering livestock, through tube -wells, wells and \r\nother appliances worked by electricity, steam, oil or wind power, should have all such \r\ntube-wells and wells and appliances existing on the date of the notification registered \r\nin the office of the Collector or the Divisional Canal Officer, as directed, within a \r\nperiod not exceeding three months from the date of the issue of such public notice. \r\n (3) After publicity of the notice under subsection (2) of this section, any \r\nowner or occupier of land who desires to put up any new tube-well or well, worked by \r\nelectricity, steam, oil or wind power for us ing underground waters, for any purpose \r\nother than domestic or for watering livestock, shall apply for a licence to the Board. \r\nThe Board shall frame rules with the sanction of Government to determine the form \r\nof the licence, its terms and the officers by whom it shall be granted. Such rules shall \r\nprovide for a guarantee being obtained from the applicant before issue of the licence \r\nthat if in the opinion of the Board his appliance, within six months of its erection, \r\nseriously affects any existing use of unde rground waters, he will either abandon the \r\nlicence or pay compensation as assessed by the Collector. \r\n (4) No claim or suit shall lie for damages against the Board, Government \r\nor any other person, on account of any ill -effects on the appliance of the licens ee \r\ncaused by the construction of a tube -well or the working of any appliance for the \r\nremoval or use of underground water if the said appliance is erected or used in the \r\nmanner prescribed by the Board. \r\n (5) In the area for which the scheme has been sanction ed, the Board may \r\norder any tube-well or well, worked by electricity, steam, oil or wind power, for using \r\n \r\n1Substituted by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), published in the \r\nGazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 14. \r\nunderground waters, to be closed down either temporarily during specified periods of \r\nthe year or permanently, provided that such order shall not prohi bit the use of \r\nunderground waters by any owner or occupier of land for domestic purposes and for \r\nwatering livestock. In cases where permanent closing down is ordered, the Board \r\nshall either provide some alternative source of water -supply or award reasonabl e \r\ncompensation. In determining such compensation, regard shall be had to the \r\ndiminution in the market value, at the time of making the order of closing down, of \r\nthe property in respect of which compensation is claimed and where such market \r\nvalue is not asc ertainable, the amount shall be reckoned at 12 times the amount of \r\ndiminution of the annual net profits of such property by the said closing down. \r\n (6) The Collector who will receive the applications shall proceed to enquire \r\ninto any such claim and to dete rmine the amount of compensation, if any, which \r\nshould be given to the claimant and sections 8 to 11 (both inclusive), 25 to 39 (both \r\ninclusive), 50 to 56 (both inclusive) of the Land Acquisition Act, 1894, as modified by \r\nthis Act shall apply to such enquiries. \r\n (7) No claim for compensation for such permanent closing down of \r\nappliances shall be made after the expiry of one year from the date of the order \r\nunless the Collector is satisfied that the claimant had sufficient cause for not making \r\nthe claim within such period. \r\n (8) Any owner or occupier of land who puts up and uses any tube -well or \r\nwell worked by electricity, steam, oil or wind power, without a licence after the \r\npublicity of the notice under subsection (2) of this section or uses such an appliance \r\nin contravention of an order under subsection (5) shall be charged a special rate for \r\neach separate occasion on which such use is made. The Board with the sanction of \r\nGovernment may frame rules to fix the amount of such rate and the manner in which \r\nit wil l be levied. The amount declared to be due shall be payable on the date so \r\nspecified and in default shall be recovered as arrears of land revenue and credited to \r\nthe Board Fund under the provisions of subsection (2) of section 40. \r\nCHAPTER V \r\nPowers and Duties of the Board \r\n27. Notification of local area .– (1) Whenever it appears to the Board that \r\nmeasures should be taken in any area to reclaim any land affected by thur or sem \r\nunder the provision of this Act or that preventive measures are necessary to stop \r\nspreading of thur or sem or both, or stopping or mitigating their appearance, it shall \r\nmove Government to issue a notification specifying the area to be called local area \r\nto which the provisions of Chapters IV to VI (both inclusive) of this Act will apply. \r\n (2) If in the whole or any part of the area mentioned in subsection (1) the \r\nBoard is of the opinion that the measures mentioned in section 17 for soil \r\nreclamation are necessary and are in view of the extent of cost beyond the \r\nresources of the individual ow ners or occupiers, or that the individual owners or \r\noccupiers neglect or refuse to carry out the measures required under section 28 (3) \r\n(e) the Government on being moved by the Board may by notification declare that \r\nthe whole or any part of that area shall vest in the Board for the purposes of this Act \r\nfor a period which shall be specified in the notification and which may be extended \r\nby Government from time to time by notification. Whenever any such notification is \r\nissued all private rights of whatever kin d existing in respect of any land comprising \r\nthe area specified in the notification shall be suspended. The Government may lay \r\ndown the terms and conditions on which the said area shall vest in the Board. \r\n28. General Powers .– (1) The Board may subject to s uch rules as may be \r\nframed by Government, undertake to carry out surveys for schemes including \r\nafforestation and area treatment if considered necessary, execute works, and incur \r\nany expenditure for the improvement, reclamation and lowering of sub -soil wate r-\r\ntable in any local area. \r\n (2) The Board may enter into and perform all such contracts as it may \r\nconsider necessary or expedient for carrying out any of the purposes of this Act. \r\n (3) Without prejudice to the generality of the powers conferred by the \r\npreceding subsections, the Board may– \r\n(a) exercise powers in respect of the measures stated in section 17 of this \r\nAct for any scheme; \r\n(b) grant land vested in the Board to any person on any condition it thinks \r\nfit, and for this purpose issue a statement or sta tements of conditions \r\non which the Board is willing to grant land to tenants; \r\nProvided that no land which has been vested in the Board for \r\nmanagement on behalf of the Government shall be granted to any \r\nperson without the statement of conditions having been approved by \r\nthe Government; \r\n(c) if satisfied that a tenant has committed a breach of any condition of the \r\ntenancy, after giving the tenant an opportunity to appear and state his \r\nobjections impose on him a penalty not exceeding five hundred rupees \r\nor resume the land so granted; \r\nProvided that if the breach is capable of being rectified the penalty shall \r\nnot be imposed nor resumption ordered without giving the tenant an \r\nopportunity of rectifying it within 30 days of the receipt by him of the \r\nnotice to this ef fect, unless the Board is of the opinion, for reasons to \r\nbe recorded, that such delay will frustrate the scheme: \r\nProvided further that when any land is so resumed the tenant shall be \r\nentitled to such compensation for the standing crops and for \r\nimprovements, made by him during the tenancy as may be determined \r\nby the Board, notwithstanding anything contained in \r\n1\r\n[any other law \r\nrelating to tenancy for the time being enforce in the area]; \r\n(d) take over and reclaim any land on such terms and conditions as may \r\nbe agreed upon between the Board and the owner or owners thereof; \r\n(e) direct in respect of any area– \r\n(1) the levelling, terracing and raising embankments of fields, \r\n(2) the afforestation of such area or part thereof, \r\n(3) the execution of earthworks in fields or ravines, \r\n \r\n1Substituted for the words “the Punjab Tenancy Act, 1887” by the Punjab Soil Reclamation (West Pakistan Amendment) \r\nOrdinance, 1964 (V of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. \r\n15(a). \r\n(4) for the provision and construction of surface field drains or sub -\r\nsurface drains, \r\n(5) the training of streams, \r\n(6) field research, \r\n(7) the permitting by the owners and occupiers of sitting of tube -\r\nwells and borings and use of water therefr om in place of that of \r\ncanal, \r\n(8) the execution of such other works and the sowing of such crops \r\nwith specific rotation as are necessary in the opinion of the \r\nBoard to protect the land from the deteriorating action of salts or \r\nwater, sub-soil or otherwise or for the reclamation of such area; \r\n1\r\n[(9) integration of surface and sub -surface irrigation supplies and \r\nreplacement or partial replacement of one with the other;] \r\n(f) direct that any work which has been required to be done by any person \r\nunder the preceding clause, and which remains undone shall after due \r\nnotice to such person and consideration of any objection raised by him \r\nbe executed by the Board, and specify the portion in which the risk and \r\nexpense of such work shall be borne by such person, or by an y other \r\nperson who is held by the Board, upon due enquiry after reasonable \r\nnotice to him to be responsible for the execution of such work, in whole \r\nor in part; \r\n(g) regulate, restrict or prohibit by general or special order in respect of \r\nany area– \r\n(1) the clearing or breaking up of land for cultivation, \r\n(2) the quarrying of stone and the burning of lime or charcoal and \r\nextraction of salts, \r\n(3) the admission, grazing, herding, parking and retention of cattle, \r\n(4) the felling, girdling, lopping, tapping or bur ning of any tree or \r\ntimber, and \r\n(5) the kindling, keeping or carrying of any fire; \r\n(h) direct the growing of a particular kind or type of crops, trees, bushes or \r\ngrasses in a particular area; \r\n(i) undertake the breaking of land, planting of trees, construct ion of water-\r\ncourses and do all necessary acts to bring land vested in the Board \r\nunder cultivation; \r\n(j) advance money either by way of grant or by way of loan, or partly in \r\none way and partly in other to any person for the purpose of furthering \r\nany of the objects of this Act on such terms and conditions as to \r\nrecovery of interest and subject to such terms and conditions as may \r\nbe prescribed by the Government; \r\n(k) make arrangements for the marketing of the produce and \r\n \r\n1Added by the Ordinance ibid., s. 15(b). \r\nmanufactures of the local area; \r\n(l) promote and undertake research on any matter in furtherance of the \r\nobjects of this Act; \r\n(m) take over temporarily such other land which may be required to build \r\nofftaking and intaking channels and water -courses for the reclamation \r\nof the local area; but in suc h a case any disturbance or loss caused to \r\nthe cultivation of the owner of such land shall be duly compensated for \r\nby the Board, by levying such special charge on the area benefitted as \r\nmay be determined by the Board and the dimensions of the land \r\nneeded, the position thereof marked on a plan duly approved by the \r\nBoard or an officer to whom such powers are delegated shall be \r\nintimated to the owner mentioned in the civil records or ascertained \r\notherwise as the case may be by sending a written notice per \r\nregistered post to his last known address seven days before the work \r\nis started; provided that when the offtaking channel or the intaking \r\nwater-course is in the opinion of the Board no more needed for the \r\npurpose for which it was constructed, the land shall be restored to the \r\nowner in its previous condition and all expenses incurred for achieving \r\nthat condition shall be realised by the Board from the owner of the area \r\nbenefitted. \r\n (4) Any general order made under this section shall be published in such \r\nmanner as may be prescribed. \r\n29. Power of controlling, letting of land .– (1) The Board may with the previous \r\napproval of the Government make orders– \r\n (a) providing for the terms and conditions on which– \r\n(i) land-holders or any class of land -holder in a local area shall be \r\nlet land for reclamation; or \r\n(ii) persons who at the commencement of this Act were in \r\ncultivating possession of agricultural land may continue in such \r\npossession to reclaim land; and \r\n(b) specifying the person or class of persons to whom agricultur al land \r\nshall be let by land-holders. \r\n (2) An order made under the provisions of subsection (1) shall have effect \r\nnotwithstanding anything contained in any law regulating the letting of land for \r\ncultivation in force in the locality to which that order appl ies, or any notice sent or \r\nthing done under such law. \r\n (3) On the written application of the Board, any Magistrate or Police Officer \r\nhaving jurisdiction in the area shall summarily eject any person who is in cultivating \r\npossession of any agricultural land contrary to the provisions of an order made under \r\nsubsection (1) and shall on similar application summarily restore possession to any \r\nperson named in the application and for doing so may use such force as may be \r\nnecessary for the purpose. \r\n (4) In this section “land-holder” means any person who in accordance with \r\nany law or of any custom having the force of law has the right to let land for \r\ncultivation. \r\n30. Facility in the movement of population.– In order to facilitate the movement \r\nof the population in and around a local area, the Board, may from time to time– \r\n (a) subject to any conditions it may deem fit to impose– \r\n(i) guarantee the payment from the funds at its disposal of such \r\nsums as it may deem fit, by way of interest on capital expended \r\non the constru ction, maintenance or working of means of \r\nlocomotion; or \r\n(ii) make such payments as it may deem fit from the said funds, by \r\nway of subsidy to person undertaking to provide, maintain and \r\nwork any means of locomotion; or \r\n(b) either singly or in combination with any other person or body, construct, \r\nmaintain and work any means of locomotion, under the provisions of \r\nany law applicable thereto; or \r\n(c) construct, widen, strengthen or otherwise improve bridges: \r\nProvided that no guarantee or subsidy shall be given or made under \r\nclause (a) and no means of locomotion shall be constructed, \r\nmaintained or worked under clause (b) without the previous sanction of \r\nGovernment. \r\n31. Surveys or contribution towards their cost.– The Board may– \r\n(a) cause a survey of any land to be made when it considers that a survey \r\nis necessary or expedient for the carrying out of any of the purposes of \r\nthis Act; or \r\n(b) contribute towards the cost of any such survey made by any other \r\nauthority. \r\n32. Power of entry.– (1) The Chairman or any person acting under the general or \r\nspecial order of the Chairman may enter upon any land with such men, animals, \r\nvehicles, appliances and instruments as necessary and undertake investigations, \r\nsurveys or levels thereon, and dig and bore into the sub -soil, and m ake and set up \r\nsuitable land marks, pillars, levels marks and water gauges, and do all acts required \r\nfor the determination of areas and intended lines of works, construct channels and \r\naqueduct or alter them for securing the flow of water, and do all other acts which \r\nmay be necessary in order to carry out all or any of the objects of the Act: \r\n Provided that when the affected land does not vest in the Board, powers \r\nconferred by this subsection shall be exercised in such manner as to cause the least \r\ninterference with and the least damage to the rights of the owner therein \r\n1\r\n[:] \r\n \r\n2\r\n[Provided further that where a Chairman or any person acting under his \r\norders proposes to enter into any building or enclosed court or garden attached to a \r\ndwelling house, he shall prev iously give to the occupier of such building, enclosed \r\ncourt or garden such reasonable notice as the urgency of the case may allow.] \r\n \r\n1Substituted for the “full -stop” by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the \r\nGazette of West Pakistan (Ex traordinary), dated November 2, 1965, pp. 5607 -5614, s. 3 read with Second Schedule, Sr. No. \r\n20. \r\n2Added by the Ordinance ibid. \r\n (2) It shall be lawful for any person authorised under subsection (1) to \r\nmake an entry for the purpose of inspection or se arch, to open or cause to be \r\nopened a door, gate or other barrier– \r\n(a) if he considers the opening thereof necessary for the purpose of such \r\nentry, inspection or search; and \r\n(b) if the occupier or owner, as the case may be, is absent or being \r\npresent, refuses to open such door, gate or barrier: \r\n Provided that the compensation shall be paid for the damage caused in such \r\nmanner as the Board may prescribe by by -laws and in case of dispute as to its \r\nadequacy, the matter shall be referred to the Tribunal. \r\nCHAPTER VI \r\nAcquisition, abandonment of acquisition of land \r\nand levy of reclamation fee \r\n33. Modification of Act I of 1894 .– For the purpose of compulsory acquisition of \r\nland by the Board, the Land Acquisition Act I of 1894, shall be deemed to have been \r\nmodified as indicated in the schedule to this Act. \r\n34. Acquisition of land in urgent cases .– (1) The Government may by \r\nnotification in the official Gazette declare any locality comprised in a local area to be \r\nacquired immediately for the purposes of reclamation or a ny other purpose \r\nconnected therewith, and direct the Board to undertake in respect of such locality all \r\nor any such matters as may be included in a scheme under section 17. \r\n (2) After a notification has been issued under subsection (1) in respect of \r\nany locality, the Board may apply to the Collector who after giving such reasonable \r\nnotice to the owners and occupiers as may be prescribed, shall deliver possession of \r\nany land in such locality to the Board and the land shall thereupon, \r\nnotwithstanding a nything contained in the Land Acquisition Act I of 1894, vest \r\nabsolutely in the Board free from all encumbrances subject only to payment of \r\ncompensation under the Land Acquisition Act, 1894, as modified in the schedule \r\nreferred to in section 33 of this Act. \r\n (3) The Board shall in respect of any such locality do all such acts as it \r\nmay be required to do by the notification and shall proceed to frame a scheme under \r\nsection 17 as soon as may be possible. \r\n35. Tribunals.– (1) For the purpose of performing the functions of the Court in \r\nreference to the acquisition of land for the Board under the Land Acquisition Act I of \r\n1894 as modified by this Act, the Government may by notification, constitute one or \r\nmore Tribunals, and may define the local limit of their jurisdictions. \r\n (2) The Tribunal shall consist of three members namely a President and \r\ntwo Assessors chosen by the Government. \r\n (3) The President of the Tribunal shall be a person qualified to be a Judge \r\nof the High Court. \r\n (4) The term of office of the Presi dent and Assessors of the Tribunal shall \r\nbe three years and they shall be eligible for reappointment. \r\n (5) The Tribunal shall be deemed to be the Court and the President shall \r\nbe deemed to be the Judge for the purpose of compulsory acquisition under the \r\nLand Acquisition Act I of 1894, as modified by this Act. \r\n (6) The President of the Tribunal, shall have the powers of a Civil Court \r\nunder the Code of Civil Procedure, 1908, for purposes of contempt of Court \r\nproceedings, to summon and enforce the attendance o f witness and to compel the \r\nproduction of documents by them. \r\n (7) The Government may, at its discretion, remove any member of the \r\nTribunal and appoint any other person in his place. \r\n (8) The Government may, by notification, frame rules providing for– \r\n(a) the emoluments or allowances to be paid to the President and the \r\nAssessors of the Tribunal and other conditions of their service; \r\n(b) the employment by the President of such ministerial staff as is \r\nnecessary to carry out the work of the Tribunal, and the fi xation of \r\nscales of pay of such staff; \r\n(c) the grant of leave, promotion, or taking of disciplinary actions by the \r\nPresident in respect of the ministerial staff; and \r\n(d) generally for the conduct of business before the Tribunal. \r\n (9) For the purpose of the award to be made by the Tribunal under the \r\nLand Acquisition Act I of 1894, the following rules shall apply, that is to say– \r\n(a) if there is disagreement between the members of the Tribunal \r\nregarding measurement of land, or the amount of compensation or \r\ncosts, the opinion of majority shall prevail; \r\n(b) the decision on questions of law and procedure shall rest solely with \r\nthe President; and it shall also be for him to decide whether a matter is \r\na question of law or not; \r\n(c) the President shall not be bound t o consult the Assessors relating to \r\nthe determination of persons to whom compensation is to be paid, or \r\napportionment thereof, and may in his discretion dispose of such \r\nquestion singly and in that case his decision shall be deemed to be a \r\ndecision of the Tribunal. \r\n (10) An award of the Tribunal shall be enforced by the Court of Senior Civil \r\nJudge of the district in which the land under acquisition is situated as if it were the \r\ndecree of that Court. \r\n36. Appeals.– (1) An appeal shall lie to the High Court aga inst the decision of the \r\nTribunal which shall for that purpose be deemed to be a civil Court Subordinate to \r\nthe High Court, and the provisions of the Code of Civil Procedure, 1908, in respect of \r\nfirst appeals shall in so far as these may be applicable apply to such appeals. \r\n (2) Every order passed by the High Court on appeal under this section, \r\nshall be enforced by the Court of the Senior Civil Judge within the limits of whose \r\njurisdiction the award or order appealed against was made, as if it were a decree of \r\nthat Court. \r\n (3) An appeal under this section shall be deemed to be an appeal under \r\nthe Code of Civil Procedure, V of 1908, within the meaning of Article 156 of the First \r\nSchedule to the Limitation Act, IX of 1908. \r\n37. Abandonment of acquisition .– (1) An owner of land comprised in any \r\nscheme sanctioned by the Government, or any other person having an interest \r\ntherein, may apply to the Board that the acquisition of the land which is not required \r\nfor the execution of the schemes be abandoned. The Board ma y admit for \r\nconsideration such application if it is made at any time before the Collector has made \r\nan award under section 11 of the Land Acquisition Act, I of 1894. If the application is \r\nadmitted the Board shall intimate this fact to the Collector who shal l thereupon stay \r\nfurther proceedings connected with the acquisition of land in respect of which the \r\napplication is admitted and the same shall not be reopened until so desired by the \r\nBoard. \r\n (2) The Board may, in its discretion allow such application on pa yment of \r\nprescribed fee and subject to such terms and conditions as it may impose in this \r\nbehalf. \r\n (3) If any application under subsection (1) is rejected by the Board or \r\nthough the application is allowed, the fee mentioned in subsection (2) is not paid or \r\nthe conditions are not fulfilled by the person concerned within the prescribed period, \r\nthe Board shall intimate the fact to the Collector, who shall take up the proceedings \r\nfor the acquisition of the land from the stage at which they had been stayed. \r\n38. Reclamation fee .– (1) When by the execution of any scheme, the value of \r\nthe land included therein is expected to be increased the Board may at any time after \r\nthe sanction of the scheme under section 21 proceed to levy and recover \r\nreclamation fee in respect of such land in accordance with the rules framed by \r\nGovernment under subsection (4). \r\n (2) When by the execution of any scheme under this Act increase has \r\nactually taken place in the value of any land in the area comprised therein or the \r\nexpenditure actually incurred on the execution of the scheme is in the opinion of the \r\nBoard more than the increase or expenditure anticipated at the time of assessing the \r\nreclamation fee recovered under subsection (1), the Board may, before restoring the \r\nland, levy and reco ver in respect of the land such further amount of reclamation fee \r\nas it may consider suitable. \r\n (3) In fixing the amount of reclamation fee to be charged in respect of any \r\nland or class of land, the Board shall also take into consideration the actual \r\nexpenditure incurred or to be incurred on the execution of the scheme and the \r\ndegree to which the land or any part of the land has or will be benefited thereby. \r\n (4) The Government may frame rules providing for– \r\n(a) the manner in which the demand for the recl amation fee shall be \r\nassessed and distributed on the land comprised in the scheme and the \r\nperson or persons by whom the fee shall be payable; \r\n(b) the acceptance by the Board of a satisfactory and sufficient security in \r\nlieu of immediate payment of reclamat ion fee by an owner of land or \r\nany person interested therein; \r\n(c) the mode by which the reclamation fee shall be realised and the \r\nnumber of installments to be allowed in this connection and the interest \r\nchargeable on balances outstanding from time to time; and \r\n(d) the mode of preferring appeal from assessment by the Board and the \r\nauthority to which the appeal shall lie. \r\n39. Fresh acquisition.– If any land in respect of which any reclamation fee has \r\nbeen charged under the provisions of section 37 or 38 be su bsequently required for \r\nany of the purposes of this Act, the payment of fee or any other act done under the \r\nrules framed under section 38(4) shall not be deemed to prevent the acquisition of \r\nthe land in pursuance of a fresh declaration under section 6 of t he Land Acquisition \r\nAct, I of 1894. \r\nCHAPTER VII \r\nFinance \r\n40. Board Fund.– (1) There shall be a fund to be known as “Board Fund” vested \r\nin the Board which shall be utilised by the Board to meet charges in connection with \r\nits functions under this Act including the salaries and other remunerations of the staff \r\nof the Board and the Tribunal and any officers and servants duly appointed under the \r\nAct. \r\n (2) All sums received by the Board shall be credited to the Board Fund. \r\n41. Board to levy taxes .– (1) The Board m ay, with the previous sanction of the \r\nGovernment, levy on any local area or part thereof a tax to be known as “Land \r\nImprovement Tax” to implement various measures of reclamation: \r\n Provided that the Board may exempt any person or class of persons from the \r\npayment of whole or part of any such tax due from him or them on such conditions \r\nas it may impose. \r\n42. Grants-in-aid.– (1) The Government may allow any grant -in-aid to the Board \r\nfor carrying out its duties under the Act. \r\n (2) Any local body may, and when so required by the Government shall, \r\ngrant such amount of money to the Board as may be specified in the requisition. \r\n43. Borrowing of money.– The Board shall be deemed to be a local authority for \r\nthe purpose of borrowing money under the Local Authorities Loa ns Act, IX of 1914, \r\nand the making and execution of any scheme under this Act shall be deemed to be a \r\nwork which such Board is legally authorised to carry out. \r\n44. Custody and investment of Board Funds .– (1) In any place in \r\n1\r\n[West \r\nPakistan] where there is a Government treasury or sub -treasury, or a bank to which \r\nthe Government treasury business has been made over, all moneys at the credit of \r\nthe Board shall be kept in such treasury, sub-treasury or bank. \r\n (2) In places where there is no such treasury or sub-treasury or bank, such \r\nmoneys may be kept with a banker or person acting as a banker, who has given \r\nsuch security for the safe custody and repayment on demand of the sums so kept as \r\nthe Government may in each case deem sufficient. \r\n (3) Nothing in the fore going provision of this section shall be deemed to \r\n \r\n1Substituted for the words “the Punjab” by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of \r\n1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 16. \r\npreclude the Board from investing any such moneys as are not required for \r\nimmediate expenditure in any of the securities described in section 20 of the Trust \r\nAct, II of 1882 or placing them in fixed deposi t with a bank approved by the \r\nGovernment. \r\n45. Procedure on failure of the Board to repay loans .– If any money borrowed \r\nunder section 43 or any interest or costs due in respect thereof is or are not repaid \r\naccording to the conditions of the loans the Govern ment may itself make such \r\npayment and may attach the rents and other income of the Board: and thereupon the \r\nprovisions of section 5 of the Local Authorities Loans Act, IX of 1914 shall, with all \r\nnecessary modifications, be deemed to apply. \r\n46. Recouping of payments made by Government .– The Government may \r\nfurther impose or increase a tax on the annual value of buildings or\r\n1\r\n lands situated \r\nwithin the local area and enhance the rate of land revenue and occupiers’ rates \r\nwithin the local area to such extent as m ay be necessary for the purpose of \r\nrecouping a payment made by Government under section 45. \r\n47. Payment by Government to be a charge on the property of the Board .– \r\nAll moneys paid by the Government under section 45 shall constitute a charge upon \r\nthe property of the Board. \r\nCHAPTER VIII \r\nRules and bye-laws \r\n48. Power of Government to make rules .– (1) In addition to the power \r\nconferred by any other provision of this Act the Government may by notification in \r\nthe official gazette make rules consistent with this Act:– \r\n(i) as to the authority on which money may be paid from the Board Fund; \r\n(ii) for fixing the fees payable for copies of, or extracts from, the record \r\nfurnished by the Chairman; \r\n(iii) as to the employment terms of service suspension and removal of \r\nofficers and servants of the Board and the conduct of such officers and \r\nservants; \r\n(iv) as to the intermediate office or offices, if any, through which \r\ncorrespondence between the Board and the Government or servants of \r\nthe Government shall pass; \r\n(v) as to the acc ounts to be kept by the Board, the manner in which such \r\naccounts shall be audited and published, and the powers of auditors in \r\nrespect of the disallowance and surcharge; \r\n(vi) as to the authority by whom, the conditions subject to which and the \r\nmode in whic h contracts may be entered into and executed on behalf \r\nof the Board; \r\n2\r\n[(vii) as to the preparation of annual estimates of income and expenditure of \r\n \r\n1Printed as “or” in the orginal Gazette. \r\n2Substituted by the Punjab Soil Reclamation (West Pakistan Amendment) Ordinance, 1964 (V of 1964), published in the \r\nGazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 17. \r\nthe Board;] \r\n(viii) as to the returns, statements and reports to be submitted by the Board; \r\n(ix) to prescribe and define the mutual relations, to be observed between \r\nthe Board, other departments and local authorities in any matter in \r\nwhich they are jointly interested; \r\n(x) for regulating the grant of leave of absence leave allowance and acting \r\nallowance to the officers and servants of the Board; \r\n(xi) for establishing and maintaining a Provident or annuity fund for \r\ncompelling all or any of the officers in the service of the Board or of the \r\nTribunal (other than any servant of Government in respect of whom a \r\ncontribution is paid under section 69) to contribute to such fund at such \r\nrates and subject to such conditions as may be prescribed by such \r\nrules and for supplementing such contributions out of the funds of the \r\nBoard: \r\nProvided that a Government servant, employed as an officer or servant \r\nof the Tribunal as also those who are on deputation to the Board shall \r\nnot be entitled to leave or leave allowance otherwise than as may be \r\nprescribed by the conditions of his service under the Government; \r\n(xii) for determining the c onditions under which the officers and servants of \r\nBoard or of the Tribunal, or any of them, shall on retirement receive \r\ngratuities or compassionate allowances, and the amount of such \r\ngratuities and compassionate allowances and providing that it shall be \r\nat the discretion of the Board or of the Tribunal, as the case may be, to \r\ndetermine whether all such officers and servants or any and if so, \r\nwhich of them, shall become entitled on retirement to any such \r\ngratuities or compassionate allowances as aforesaid; \r\n(xiii) generally for the guidance of the Board and officers in all matters \r\nconnected with the carrying out of the provisions of this Act; \r\n(xiv) for regulating the grant of subsidies to the Board by the Government, \r\nthe conditions under which they may be ea rned or forfeited and the \r\narrangements for their repayments; \r\n(xv) as to the methods, details and programs for reclamation of land under \r\ndifferent circumstances. \r\n (2) All acts authorised or enjoined under this Act shall be held to be \r\nauthorised or enjoined subject to such rules. \r\n49. Power of the Board to make bye -laws.– The Board may from time to time \r\nwith the previous sanction of the Government and shall if required by the \r\nGovernment, make bye-laws consistent with this Act and with any rules made under \r\nthis Act by the Government– \r\n(i) for fixing the amount of security to be furnished by any officer or \r\nservant of the Board under the provisions of this Act; \r\n(ii) for associating persons with the Board under subsection (1) of section \r\n7; \r\n(iii) for regulating the d elegation of powers or duties of the Board to \r\ncommittees or to the Chairman; \r\n(iv) for guidance of persons employed by it under this Act; \r\n(v) for the management, use and regulation of dwellings constructed under \r\nany scheme under this Act; and \r\n(vi) generally for discharging the functions of the Board under this Act. \r\n50. Printing and sale of copies of rules and bye-laws.– (1) The Chairman shall \r\ncause the rules and bye -laws made under sections 48 and 49 respectively to be \r\nprinted and shall cause printed copies thereof to be delivered to any applicant on \r\npayment of such fees as he may fix. \r\n (2) Notice of the fact of copies of rules and bye -laws being obtainable at \r\nthe said price and of the place where and the person from whom the same are \r\nobtainable shall be give n by the Chairman by advertisement in one or more \r\nnewspapers selected by him for the purpose. \r\n51. Power of Government to cancel bye -laws made under section 49 .– The \r\nGovernment may, after previous publication of its intention, cancel any bye -laws \r\nmade by the Board which it has sanctioned, and thereupon the bye -laws shall cease \r\nto have effect. \r\nCHAPTER IX \r\nProcedure and penalties \r\n52. Signature on notice, summons, order, requisition, proclamation or bill .– \r\nEvery notice, summons, order, requisition, proclamation or bill issued by the Board \r\nunder this Act shall be signed by the Chairman, or by any other member or any \r\nofficer or servant of the Board specially or generally authorised by the Board, or so \r\nauthorised by the Chairman under subsection (1) of section 13, a nd every such \r\nnotice, summons, order, requisition, proclamation or bill shall be deemed to be \r\nproperly signed, if it bears the facsimile of the signature of the Chairman or such \r\nmember, officer or servant stamped or printed thereon. \r\n53. Method of giving pu blic notice .– Subject to provisions of this Act, every \r\npublic notice required to be given under this Act shall be deemed to have been duly \r\ngiven if it is published in some newspapers and pasted upon a notice board to be \r\nexhibited for public information at the building in which the meetings of the Board are \r\nordinarily held. \r\n54. Service of notice .– (1) Every notice, other than a public notice, summons, \r\norder, requisition, proclamation and bill, issued under this Act shall, unless it is under \r\nthis Act otherwise expressly provided, be served, delivered or presented– \r\n(a) personally or by sending it by registered post, to the person to whom it \r\nis addressed; or \r\n(b) if such person cannot be found, then by leaving the notice, summons, \r\norder, requisition or bill at his last known place of abode, or by giving or \r\ntendering it to some adult male member or servant of his family, \r\nordinarily residing with him, or by causing it to be affixed on some \r\nconspicuous part of the building or land to which it relates. \r\n (2) When notic e, summons, order or requisition is required or permitted \r\nunder this Act to be served upon an owner, occupier or tenant, as the case may be, \r\nof a building or land, it shall not be necessary to name the owner, occupier or tenant \r\ntherein, and the service the reof in cases not otherwise specially provided for in this \r\nAct shall be effected– \r\n(a) personally, or by sending it by registered post to the owner, occupier or \r\ntenant, or if there be more owners, occupiers, or tenants, then to any \r\none of them; or \r\n(b) if su ch owner, occupier or tenant cannot be found, then by giving or \r\ntendering the notice to an adult male member or servant of his family \r\nordinarily residing with him or by causing the notice, summons, order or \r\nrequisition to be affixed on some conspicuous par t of the building in \r\nwhich the person on whom the notice is to be served resides; or \r\n(c) in the case of a proclamation, in addition to any other mode of \r\nproclamation which may be prescribed by this Act, by beat of drum or \r\nother customary method and by the pasting of a copy thereof on any \r\nconspicuous place in or near the property to which it relates. \r\n (3) Whenever the person on whom a notice, summons, order, requisition \r\nor bill is to be served is a minor, service upon his guardian shall be deemed to be \r\nservice upon the minor. \r\n55. Penalty for disobedience .– Where under this Act or under a notice, \r\nsummons, order or requisition issued thereunder the public or any person is required \r\nto do or to refrain from doing anything, a person who fails to comply with the \r\nrequirements shall, if such failure is not an offence punishable under any other \r\nsection of this Act or any other law for the time being in force, be liable on conviction \r\nby a Magistrate of the 1st Class to a fine not exceeding five hundred rupees for \r\nevery such failure, and in the case of a continuing breach, to a further fine which may \r\nextend to fifty rupees for every day after the date of the last conviction during which \r\nthe offender is proved to have persisted in the breach: \r\n Provided that where the notic e, summons, order or requisition fixes without \r\nauthority from this Act a time within which a certain act is to be done, it shall rest with \r\nthe Magistrate to determine whether the time so fixed was reasonable time so as to \r\njustify conviction. \r\n56. Powers of the Board to execute works on failure to comply with notice, \r\nsummons, order or requisition .– If a notice, summons, order or requisition has \r\nbeen addressed by the Board under this Act to a person requiring him to execute a \r\nwork in respect of any property, m ovable or immovable, public or private, or do or \r\nrefrain from doing anything within a time specified in the notice, summons, order or \r\nrequisition, and if such person fails to comply with it then the Board may cause such \r\nwork to be executed or such things t o be provided or done, and may recover all \r\nexpenses incurred by it on such account from the said person. \r\n57. Liability of occupier to pay on in default of owner .– (1) If the person to \r\nwhom the notice, summons, order or requisition mentioned in section 56 h as been \r\naddressed is the owner of the property in respect of which it is given, the Board may \r\nwhether any action or other proceedings have been brought or taken against such \r\nowner or not, require the person, if any, who is the occupier or tenant of such \r\nproperty or a part thereof under such owner, to pay to the Board instead of paying to \r\nthe owner the rent payable by him in respect of such property, as it falls due, up to \r\nthe amount recoverable from the owner under section 56; and any such payment \r\nmade by the occupier or tenant to the Board shall be deemed to have been made to \r\nthe owner of the property. \r\n (2) For the purpose of deciding whether action should be taken under \r\nsubsection (1) the Board may require an occupier or tenant of property to furnish \r\ninformation as to the sum payable by him as rent on account of such property and as \r\nto the name and address of the person to whom it is payable, and if the occupier or \r\ntenant refuses to furnish such information he shall be liable for the expenses referred \r\nto in section 56 as if he was the owner. \r\n58. Right of occupier to execute works in default of owner .– Notwithstanding \r\nany provisions of any other law whenever default is made by the owner of a building \r\nor land in the execution of a work required under this Act to be executed by him, the \r\noccupier or tenant of such building or land may, with the approval of and shall if so \r\ndirected by the Board, cause such work to be executed and the expense thereof \r\nshall be paid by the owner, or the amount may be deducted out of the rent from time \r\nto time becoming due from him to such owner. \r\n59. Opposition to execution by occupier .– (1) If, after receiving information of \r\nthe intention of the owner of any building or land to take any action in respect thereof \r\nin compliance with a notice, summons, order or requisition issued under this Act, the \r\noccupier or tenant refuses to allow such owner to take such action the owner may \r\nintimate the fact to a Magistrate, having jurisdiction in the area. \r\n (2) The Magistrate, upon proof of such ref usal, may by order in writing \r\nrequire the occupier or tenant to give the owner reasonable facility for executing \r\nsuch work with respect to such building or land, as may be necessary for compliance \r\nwith the notice, order or requisition and may also, if he d eems fit, order the occupier \r\nor tenant to pay to the owner the costs incurred by the source to bring the matter \r\nbefore the Magistrate and to obtain his order. \r\n (3) If, after the expiry of the period which the Magistrate may fix by taking \r\ninto consideration the nature and urgency of the work to be executed, the occupier or \r\ntenant continues to refuse to allow the owner to execute such work, the occupier or \r\ntenant shall be liable upon conviction to a fine which may extend to fifty rupees per \r\nday and to eviction from the property. The warrant for eviction shall be addressed by \r\nthe Magistrate to the officer in charge of the police station concerned, and shall be \r\ncomplied with without any delay. \r\n (4) Every owner, during the continuance of such refusal, shall be \r\ndischarged from any penalties to which he might otherwise have become liable by \r\nreason of his default in the execution of such works. \r\n60. Recovery of cost of execution by the occupier from owner .– \r\nNotwithstanding any provisions of any other law when the occu pier or tenant of a \r\nbuilding or land has, in compliance with a notice, order or requisition issued under \r\nthis Act, executed a work for which the owner of such building or land is responsible \r\neither in pursuance of the contract of tenancy or by -law, he shal l be entitled to \r\nrecover from the owner by deduction from the rent payable by him or otherwise the \r\nreasonable cost of such work. \r\n61. Relief to agents and trustees .– (1) When a person, by reason of his \r\nreceiving, or being entitled to receive, the rent of im movable property as trustee or \r\nagent of a person or society would under this Act be bound to discharge an \r\nobligation imposed by this Act on the owner of the property for the discharge of \r\nwhich money is required he shall not be bound to discharge the obliga tions unless \r\nhe has, or but for his own improper act or default might have had, in his hands funds \r\nbelonging to the owners sufficient for the purpose. \r\n (2) When an agent or trustee has claimed and established his right to relief \r\nunder this section the Boar d may give him notice to apply to the discharge of such \r\nobligation as aforesaid the moneys which come to his hands on behalf or for the use \r\nof the owner, and should he fail to comply with such notice, he shall be deemed to \r\nbe personally liable to discharge such obligation. \r\n62. Penalty for removing machinery etc .– If any person, without lawful \r\nauthority– \r\n(a) removes any machinery, pipes, survey or other marks, gauges, fence \r\nor any timber used by the Board for propping or supporting any \r\nbuilding, wall or othe r thing, or extinguishes any light set up at any \r\nplace where the surface of a street or other ground has been opened, \r\nor broken up by the Board for the purpose of carrying out any work; or \r\n(b) infringes any order given, or removes any bar, chain or post fi xed by \r\nthe Board for the purpose of closing any street to traffic, he shall be \r\npunishable with fine which may extend to fifty rupees. \r\n63. Penalty for obstructing land reclamation operations or a contractor or \r\nremoving mark.– If any person– \r\n(a) damages, alt ers, obstructs or interferes with any soil reclamation \r\noperation so as to endanger, or damage them or to render them less \r\nuseful, or \r\n(b) obstructs, or molests any person in the performance or execution of \r\ncontract which the Board has entered into with him under this Act; or \r\n(c) removes any mark set up for the purpose of indicating any level or \r\ndirection necessary to the execution of works authorised under this Act; \r\nhe shall be punishable with fine which may extend to two hundred rupees or \r\nwith imprisonment for a term which may extend to two months. \r\n64. Power of Board in case of squatters and trespassers and persons in the \r\nunauthorised possession of land .– When the Chairman is satisfied that any \r\nperson has taken or is in possession of land comprised in any sc heme, or any other \r\nland owned by or vested in the Board and to which such person has no right or title, \r\nor when a tenant refuses to surrender the land which has been resumed by the \r\nBoard in consequence of a breach of the conditions on which it was held by such \r\nperson the Chairman or any person authorised by him may in addition to any other \r\npowers he may possess, forthwith, with the use of such force as may be necessary, \r\nre-enter upon the land and resume its possession and also take possession of all \r\ncrops, trees and buildings thereon on behalf of the Board without payment of any \r\ncompensation whatsoever. \r\n1\r\n[65. Penalty for unauthorised cultivation, etc .– (1) If any person without the \r\npermission of the Chairman of the Board– \r\n(a) clears or breaks up for cultivation or cultivates any land which is owned \r\nby or vests in or is in the possession of the Board and is not included in \r\nany tenancy or allocated residential enclosure, or which has been set \r\napart for the common purposes of a town or a village community or \r\nsection of the same or for a road, canal or water -course, the Chairman \r\nmay confiscate the crops growing on any land cultivated in \r\ncontravention thereof or if the crops have been cut, recover such sum \r\nas he may assess as the value of such crop from the offender; or \r\n(b) fells or otherwise destroys standing trees on such land, the Chairman \r\nmay recover such sum as he may assess as the value of the trees \r\nfelled or destroyed; or \r\n(c) erects any building on such land or otherwise encroaches on or makes \r\nan excavation o r construction of water channel on such land, the \r\nChairman may cause the building or other encroachment to be \r\ndemolished or removed or the excavation or the channel to be filled up \r\nand levy the cost of so doing from the offender. \r\n (2) No order shall be pas sed under sub -section (1) without giving the \r\nperson affected an opportunity of being heard and showing cause against the \r\nproposed order.] \r\n2\r\n[66. * * * * * * * * * ] \r\nCHAPTER X \r\nSupplemental provisions \r\n67. Members, etc., deemed public servants .– Every member, and every officer \r\nand servant of the Board, and every member and officer and servant of the Tribunal, \r\nshall be deemed to be a public servant within the meaning of section 21 of the \r\nPakistan Penal Code, and shall as far as practicable be subject to the sa me rules of \r\nconduct and be entitled to the same privileges and protection as are laid down from \r\ntime to time for other officers of the Government. \r\n68. Contribution by the Board towards leave, allowances and pensions of \r\nGovernment servants.– The Board shall be liable to pay such contributions for the \r\nleave allowance and pension of any Government servant employed as Chairman or \r\nas an officer or servant of the Board, or as a member or officer or servant of the \r\nTribunal as may be required by the conditions of his service under the \r\nGovernment, to be paid to him or on his behalf. \r\n69. Authority for prosecution .– No court shall take cognizance of any offence \r\npunishable under this Act, except on the complaint of the Chairman or some person \r\n \r\n1Substituted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West \r\nPakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule, Sr. No. 20. \r\n2Omitted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965) , published in the Gazette of West \r\nPakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule, Sr. No. 20. \r\nauthorised by the Board or by the Chairman by general or special order in this \r\nbehalf. \r\n70. Recovery of dues .– The Chairman or any person generally or specially \r\nauthorised by him may apply to the Collector for the recovery of any sum due under \r\nthis Act or under an agreement made under this Act and the Collector shall \r\nthereupon proceed to recover the sum due as if it were an arrear of land revenue. \r\n71. Powers of Chairman as to institution, etc., of legal proceedings and \r\nobtaining legal advice.– The Chairman may, subject to the control of the Board– \r\n(i) institute, defend or withdraw from legal proceedings under this Act; \r\n(ii) compound any offence against this Act; \r\n(iii) admit, compromise or withdraw any claim made under this Act; and \r\n(iv) obtain such legal advice and assistance as he may from time to time \r\ndeem necessary or expedient to obtain, or as he may be desired by the \r\nBoard to obtain for any of the purposes referred to in the foregoing \r\nclauses of this section, or for securing the lawful exercise or discharge \r\nof any power o r duty vested in or imposed upon the Board or any \r\nofficer or servant of the Board. \r\n72. Indemnity of acts under the Act .– No criminal proceedings of any kind shall \r\nbe maintainable against the Board or any member, officer or servant thereof, or any \r\nother per son in respect of anything done or purported to be done lawfully and in \r\ngood faith and with due care and attention in exercise of powers under this Act or \r\nrules or bye-laws framed thereunder or under the directions issued in the exercise of \r\nsuch powers. \r\n73. Notice of suit against the Board, etc .– (1) No suit shall be instituted against \r\nthe Board or any member, or any person associated with the Board under section 7 \r\nor any member of a committee appointed under section 8 or any officer or servant of \r\nthe Board or of the Chairman or of any officer or servant of the Board, in respect of \r\nany act purported to be done within the scope of the functions under this Act, until \r\nthe expiration of two months next from the date on which a notice in writing has \r\nbeen, in the case of the Board, left at its office, and in any other case delivered to or \r\nleft at the office or place of abode of the person to be sued, explicitly stating the \r\ncause of action, the nature of the relief sought, the amount of compensation claimed \r\nand the name and place of abode of the intending plaintiff; and in case the suit is \r\nfiled, the plaint shall contain a statement that such notice has been so delivered or \r\nleft. \r\n (2) If the Board or other person referred to in subsection (1) shall before \r\nthe action is commenced have tendered in the opinion of the court sufficient amends \r\nto the plaintiff, the plaintiff shall not recover any sum in excess of the amount so \r\ntendered and shall also pay all costs incurred by the defendant after such tender. \r\n (3) No action such as is described in subsection (1) shall, unless it is an \r\naction for the recovery of immovable property or for a declaration of the title thereto, \r\nbe commenced otherwise than within six months from the date of the cause of action \r\nor the knowledge of the plaintiff, whichever is later: \r\n Provided that nothing in subsection (1) shall be construed to apply to a suit \r\nwherein the only relief claimed is an injunction of which the object would be defeated \r\nby giving of the notice or the postponement of the instit ution of the suit or \r\nproceeding. \r\n74. Mode of proof of the records .– A copy of any receipt, application, plan, \r\nnotice, order, entry in a register or other document in the possession of the Board, \r\nshall if duly certified by the legal keeper thereof, or other person authorized by the \r\nBoard in this behalf be received as prima facie evidence of the existence of the entry \r\nor document and shall be admitted as evidence of the matters and transactions \r\ntherein recorded in every case where, and to the same extent, as the original entry \r\nor document would, if produced, have been admissible to prove such matters. \r\n75. Restriction on the summoning of the servants of the Board to produce \r\ndocuments.– No member or officer or servant of the Board shall in any legal \r\nproceedings to which the Board is not a party be required to produce any register or \r\ndocument, the contents of which can be proved under the preceding section by a \r\ncertified copy, or to appear as a witness to prove the matters and transactions \r\nrecorded therein unless by order of the court for special cause. \r\n76. Validation of acts and proceedings .– (1) No act done or proceedings taken \r\nunder this Act shall be questioned on the ground merely of– \r\n(a) the existence of any vacancy in or any defect in the constitution of the \r\nBoard or of any Committee; or \r\n(b) any person having ceased to be a member; or \r\n(c) the failure to serve a notice on any person where no substantial \r\ninjustice has resulted from such failure; or \r\n(d) any omission, defect or irregularity not affecting the merits of the case. \r\n (2) Every meeting of the Board, the minutes of the proceeding of which \r\nhave been duly signed as prescribed in clause (e) of subsection (1) of section 6 shall \r\nbe taken to have been duly convened and to be free from all defects and \r\nirregularities. \r\n77. General power of the Board to pay compensation .– In any case not \r\notherwise expressly provided for in this Act, the Board may pay reasonable \r\ncompensation to any person who sustains damage by reason of the exercise of any \r\nof the powers vested under this Act in the Board or the Chairman or any officer or \r\nservant of the Board. \r\n78. Compensation for damage to Board’s property .– (1) If on account of any \r\nact or omission, any person has been convicted of any offence under this Act, and \r\nby reason of such ac t or omission damage has occurred to any property of the \r\nBoard, compensation shall be paid by the said person for the said damage \r\nnotwithstanding any punishment to which he may have been sentenced for the said \r\noffence. \r\n (2) In the event of dispute, the amo unt of compensation payable by the \r\nsaid person shall be determined by the court before whom he was convicted of the \r\nsaid offence. \r\n (3) If the amount of any compensation due under this section be not paid, \r\nthe same shall be recovered under a warrant from th e said court, as if it were fine \r\nimposed by it on the person liable therefor. \r\n79. Ultimate dissolution of the Board and transfer of its assets and liabilities \r\nto an Administrator .– (1) When all schemes sanctioned under this Act have been \r\nexecuted or have b een so far executed as to render the continued existence of the \r\nBoard, in the opinion of the Government, unnecessary, or when in the opinion of the \r\nGovernment it is expedient that the Board shall cease to exist, the Government may \r\nby notification declare that the Board shall stand dissolved from such date as may be \r\nspecified in this behalf in such notification, and the Board shall be deemed to be \r\ndissolved accordingly. \r\n (2) From such date– \r\n(a) all properties, funds and dues which are vested in or realizable by the \r\nBoard and the Chairman respectively shall vest in and be realizable by \r\nan Administrator appointed by the Government in this behalf; \r\n(b) all liabilities which are enforceable against the Board shall be \r\nenforceable only against the Administrator; \r\n1\r\n[(c) for the purpose of preparing or executing new schemes or for the \r\npurpose of completing the execution of any scheme already sanctioned \r\nunder this Act but not fully executed by the Board or for levying or \r\nrecovering reclamation fee or for realising proper ties, funds and dues \r\nreferred to in clause (a), the Administrator shall perform all the \r\nfunctions and exercise all the powers of the Board under the Act;] \r\n(d) the Administrator shall keep separate accounts of all moneys \r\nrespectively received and expended b y him under this Act, until all \r\nloans raised hereunder have been repaid, and until all other liabilities \r\nreferred in clause (b) have been duly met. \r\n \r\n2\r\n[(3) Government may, at any time remove the Administrator and \r\nreconstitute the Board and thereupon– \r\n(a) all properties, funds and dues vested in or realizable by the \r\nAdministrator shall vest in and be realizable by the Board; \r\n(b) all liabilities enforceable against the Administrator shall be enforceable \r\nonly against the Board; \r\n(c) all actions taken by the A dministrator shall be deemed to have been \r\ntaken by the Board.] \r\n \r\n1Substituted by the Punjab Soil Reclamation (Amendment) Act, 1977 (IX of 1977) , published in the Punjab Gazette \r\n(Extraordinary), dated June 21, pp. 857-D-857-E, s. 2. \r\n2Added by the Punjab Soil Reclamation (West Pakistan Amendment) Ordina nce, 1964 (V of 1964), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. 18. \r\nSCHEDULE \r\n(Referred to in section 33) \r\nMODIFICATIONS IN THE LAND ACQUISITION ACT I OF 1894, HEREIN AFTER \r\nCALLED “THE SAID ACT” \r\n1. Amendment of section 3.– In section 3 of the said Act– \r\n(i) clause (f) shall be deemed to have been modified so as to read as \r\nfollows:– \r\n“(f) the expression “public purpose” includes– \r\n(1) the provision of village sites in districts in which the \r\nProvincial Government shall have declared by notification \r\nin the Official G azette that it is customary for the \r\nGovernment to make such provision; \r\n(2) soil reclamation carried out under the Punjab Soil \r\nReclamation Act, 1952:” \r\n(ii) the fullstop at the end of clause (g) shall be replaced by a colon and \r\nthe following clauses shall be deemed to have been added after clause \r\n(g):– \r\n“(h) “board” means the \r\n1\r\n[West Pakistan\r\n2\r\n Land and Water \r\nDevelopment Board ] appointed under the Punjab Soil \r\nReclamation Act, 1952; \r\n(i) “net income” shall mean the income from the land after \r\ndeducting therefrom th e ordinary expenses of cultivation, land \r\nrevenue, rates and cesses; and \r\n(j) “rates and cesses” have the same meaning as given in section \r\n3(9) of the Land Revenue Act\r\n3\r\n, 1887\r\n4\r\n.”. \r\n2. Notification under section 4 and declaration under section 6 to be \r\nreplaced by notification under sections 18 and 22 of this Act .– (1) The first \r\npublication of a notice of a reclamation scheme under section 18 of the Punjab Soil \r\nReclamation Act, 1952, shall be substituted for and have the same effect as \r\npublication in the Gazette and in the locality, of a notification under subsection (1) of \r\nsection 4 of the said Act, except where a notification under section 4 or a declaration \r\nunder section 6 of the said Act has previously been made and is still in force. \r\n (2) Proceedings under se ction 19 and subsection (1) of section 20 of the \r\nPunjab Soil Reclamation Act, 1952, shall substitute for and have the same effect as \r\nproceedings under section 5-A of the said Act. \r\n (3) Subject to the provisions of paragraphs 10 and 11 of the Schedule, the \r\n \r\n1Substituted for the words “Punjab Soil Reclamation Board” by the Punjab Soil Reclamation (West Pakistan Amendment) \r\nOrdinance, 1964 (V of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. \r\n5. \r\n2Now “Punjab”. \r\n3Since repealed by the Punjab Land Revenue Act, 1967. \r\n4XVII of 1887. \r\npublication of a notification under section 22 of the Punjab Soil Reclamation Act, \r\n1952 shall substitute for and have the same effect as a declaration by the Provincial \r\nGovernment under section 6 of the said Act, unless a declaration under the last \r\nmentioned section has previously been made and is still in force. \r\n3. Amendment of Section 11 .– In section 11 of the said Act the conjunction \r\n“and” between clauses (ii) and (iii) shall be deleted, the fullstop at the end of clause \r\n(iii) shall be replaced by a semi -colon followed by the conjunction “and”, and the \r\nfollowing clause shall be deemed to have been added thereafter, namely “(iv) the \r\ncosts which in his opinion should be allowed to any person who is found to be \r\nentitled to compensation, as having been actual ly and reasonably incurred by such \r\nperson in preparing his claim and putting his case before the Collector”. \r\n4. Amendment of Section 15 .– In section 15 of the said Act, for the word and \r\nfigures “and 24” the figures, word, and letter “24” and “24 -A”, preceded by a comma \r\nshall be deemed to be substituted. \r\n5. New Addition of Section 16-A.– After section 16 of the said Act the following \r\nsection shall be deemed to have been inserted, namely:– \r\n“16-A. Transfer of land to Board.– In every case referred to in section 16 the \r\nCollector shall upon payment or tender of compensation for acquisition, make \r\nover charge of the land to the Board and the land shall thereupon vest in the \r\nBoard.”. \r\n6. Amendment of Section 17 .– For section 17 of the said Act, the following \r\nshall be deemed to have been substituted:– \r\n “17.(1) In cases where the Board considers it expedient to take possession of \r\nany land at any time before an award under section 11 has been made, it \r\nshall notify this fact in writing to the Collector intimating in addi tion the date by \r\nwhich the land is required by it. The Collector shall after causing a notice to \r\nthis effect to be served on the person or persons interested in the land take \r\npossession of the land and transfer it to the Board in whom it shall vest \r\nabsolutely free from all encumbrances subject to its liability to pay any \r\namount which may be incurred on account of acquisition. \r\n (2) The Collector shall at the time of taking possession of land offer \r\nto the persons interested compensation for the standing crops and trees (if \r\nany) on such land and for any other damage sustained by them on account of \r\ndispossession and not excepted in section 24 or 24 -A; and, in case such offer \r\nis not accepted, the value of such crops or trees and the amount of such \r\nother damage sh all be allowed for while awarding compensation for the land \r\nunder the provisions herein contained”. \r\n7. Amendment of Section 18 .– The following shall be deemed to have been \r\nsubstituted for subsection (1) of section 18 of the said Act, namely,– \r\n“Any person i nterested who has not accepted the award or the Board \r\nmay by written application to the Collector, require that the matter be referred \r\nby the Collector, for determination of the court, whether his or its objection be \r\nto the measurement of the land, the amo unt of compensation, the persons to \r\nwhom it is payable or the apportionment of the compensation among the \r\npersons interested or the amount or costs allowed”. \r\n8. Amendment of Section 19 .– In clause (c) of section 19 of the said Act, after \r\nthe words “amount of compensation”, the words and brackets “and of costs (if any)”, \r\nshall be deemed to have been inserted. \r\n9. Amendment of Section 20 .– (1) In clause (c) of section 20 of the said Act, \r\nafter the words “amount of the compensation” the words “or costs”, shall be deemed \r\nto have been inserted. \r\n (2) Between the word “Collector” and the full stop at the end of section 20 \r\nof the said Act, the words “and the Board”, shall be deemed to have been added. \r\n (3) The existing section 20 of the said Act shall be numbered as \r\nsubsection (1) of section 20, and the following subsections shall be deemed to have \r\nbeen added:– \r\n “(2) The Board or any person to whom a notice is issued under \r\nclause (b) or (c) of subsection (1) may support the award and may also take \r\nany cross objection which could have been taken by making an application for \r\nreference provided such objection is filed within one month from the date of \r\nservice of the notice under this section or within such further time as the \r\nTribunal may see fit to allow. \r\n (3) The provisions of the Code of Civil Procedure, 1908, relating to \r\ncross objections filed under that code shall, so far as may apply to the cross \r\nobjections filed under this section”. \r\n10. Amendment of Section 23 .– (1) In subsection (1) of section 23 of the said \r\nAct, t he word, figures and brackets “the date of the publication of the notification \r\nunder section 4, subsection (1)” occurring in clause first and the words and figure \r\n“the time of the publication of the declaration under section 6” occurring in clause \r\nsixth, shall be deemed to have been replaced by the words “such date as \r\nGovernment may declare.” \r\n (2) For the existing subsection (2) of section 23 of the said Act, the \r\nfollowing shall be deemed to have been substituted, namely:– \r\n “(2) For the purposes of clause “First” of subsection (1) of this \r\nsection the market value of the land shall be determined on the basis of the \r\naverage net income of that land for the five years preceding the date declared \r\nby Government under subsection (1) of this section: \r\n Provided that if that land or any portion of it has not been cultivated, \r\nthe net income of such land or portion in that year shall be taken to be four \r\ntimes the land revenue assessed thereon, or, if no land revenue has been so \r\nassessed, three times the lowest rate of l and revenue assessed on \r\nneighbouring land: \r\n Provided further that in respect of land which is situated in a town or \r\nvillage abadi or land which is attached to a house, manufactory, or other \r\nbuilding and is reasonably required for the enjoyment and use of t he house, \r\nmanufactory or building, the market value shall be the market value according \r\nto the use to which the land was being put on the date declared by \r\nGovernment under subsection (1) of this section.” \r\n11. Amendment of Section 24 .– For clause seventh of section 24 of the said \r\nAct, the following shall be deemed to have been substituted, namely:– \r\n “Seventhly, any outlay on additions or improvements to land acquired, \r\nwhich was incurred after the date with reference to which the market value is \r\nto be determi ned, unless it is proved that these were necessary to keep the \r\nland in a fit state to command the profits accruing on the said date and were \r\nmade in good faith and not in contemplation of proceedings for compulsory \r\nacquisition”. \r\n12. New Section 24 -A.– After section 24 of the said Act, the following section \r\nshall be deemed to have been inserted, namely:– \r\n “24-A. In determining the amount of compensation to be awarded for \r\nany land acquired for the Board under the Punjab Soil Reclamation Act, 1952, \r\nthe Court shall also have regard to the following provisions, namely:– \r\n(1) When any interest in any land acquired under this Act has been \r\nacquired after the date with reference to which the market value \r\nis to be determined, no separate estimate of the value of such \r\ninterest shall be made so as to increase the amount of \r\ncompensation to be paid for such land. \r\n(2) If, in the opinion of the court any building is in a defective state \r\nfrom a sanitary point of view or is not in a reasonably good state \r\nof repairs, the amount of compensation for such building shall \r\nnot exceed the sum which the court considers, the building \r\nwould be worth if it were put into a sanitary condition or into a \r\nreasonably good state of repairs, as the case may be, less the \r\nestimated cost of putting it into such condition or state. \r\n(3) If, in the opinion of the court any building which is used or is \r\nintended or is likely to be used for human habitation is not \r\nreasonably capable of being made fit for human habitation, the \r\namount of compensation for such building shall not exceed the \r\nvalue of the materials of the building, less the cost of \r\ndemolishing the building.” \r\n13. Amendment of Section 25.– In section 25 of the said Act– \r\n(i) in subsection (1) the words and figures “or be less than the amount \r\nawarded by the Collector under section 11”, shall be deemed to have \r\nbeen deleted, and \r\n(ii) the following shall be deemed to have been added as subsection (4):– \r\n “(4) The court shall be competent to award an amount less \r\nthan that awarded by the Collector, if, after consideration of any \r\nreference or cross objection, it is of the opinion that the amount \r\nawarded by the Collector is excessive”. \r\n14. Amendment of Section 31 .– (1) After the words “the compensation” in \r\nsubsection (1) of section 31 of the said Act, and after the words “the amount of \r\ncompensation” in subsection (2) of that section, the words and brackets “and costs (if \r\nany)” shall be deemed to have been inserted. \r\n15. New Section 48 -A.– After section 48 of the said Act, the following section \r\nshall be deemed to have been inserted, namely,– \r\n “48-A. (1) If within a period of two years from the date of the publication of the \r\nnotification under section 22 of the Punjab Soil Reclamation Act, 1952, in \r\nrespect of any land, the Collector has not made an award under sectio n 11 \r\nwith respect to such land, the owner of the land shall, unless he has been to a \r\nmaterial extent responsible for the delay, be entitled to receive compensation \r\nfor the damage suffered by him in consequence of the delay; \r\n (2) The provisions of Part III of the Act shall apply, so far as may \r\nbe, to the determination of the compensation payable under this section”. \r\n16. Amendment of Section 49 .– After subsection (1) of section 49 of the said \r\nAct, the following subsection shall be deemed to have been inserted, namely,– \r\n “(1-a) For the purpose of subsection (1) land which is held with and \r\nattached to a house and is reasonably required for the enjoyment and use of \r\nthe house, shall be deemed to be part of the house”. \r\n17. Amendment of Section 50.– In subsection (2), section 50 of the said Act, the \r\nwords, “or the \r\n1\r\n[\r\n2\r\n[Punjab Land and Water Development Board ]]” shall be deemed to \r\nhave been inserted between the words “concerned” and “may” and the proviso to the \r\nsubsection shall be deemed to have been deleted. \r\n18. Deletion of Section 54.– Section 54 of the said Act shall be deemed to have \r\nbeen deleted. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Substituted for the words “Punjab Soil Reclamation Board” by the Punjab Soil Reclamation (West Pakistan Amendment) \r\nOrdinance, 1964 (V of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1964, pp. 1647-1652, s. \r\n5. \r\n2Substituted for the words “West Pakistan Land and Water Development Board” by the Punjab Laws (Adaptation) Order, 1974 \r\n(I of 1974) (w.e.f. 14 -08-1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A-1425-\r\nPP, Article 2(1) read with Schedule, Part II, Sr. No. 10.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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