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  "title": "TOWN IMPROVEMENT ACT, 1922",
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  "text": "Town Improvement \r\n1922: Act IV \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Title, extent and commencement.  \r\n2. Definitions. \r\nCHAPTER II \r\nConstitution of Trusts \r\n3. Creation and incorporation of trust. \r\n4. Constitution of Trust. \r\n5. Removal of trustees. \r\n6. Resignation of trustees. \r\n7.  Remuneration of chairman and other trustees. \r\n8.  \r\n9.  \r\n 10. \r\n 11.  \r\nCHAPTER III \r\nProceedings of the Trust and Committee \r\n 12. Meetings of Trust. \r\n 13. Associate members. \r\n 14. Constitution and functions of committees. \r\n 15. Meetings of committees. \r\n 16. Trustees and associated members of Trust or committee not to take part \r\nin proceedings in which they are personally interested. \r\n 17. Power of Trust to fix number and salaries of permanent servants and \r\nappointment of temporary servants in cases of emergency. \r\n 18. [Omitted] \r\n 19. Control by Chairman. \r\nTHE TOWN IMPROVEMENT ACT, 1922 \r\n(IV of 1922) \r\n 20. Delegation of certain of Chairman’s functions. \r\nSupply of information to Government \r\n 21. Supply of information and documents to the Government. \r\n21-A. Control over the activities of Improvement Trusts. \r\nCHAPTER IV \r\nSchemes under the Act \r\n 22. Matters to be provided for by General Improvement Scheme or \r\nRebuilding Scheme. \r\n 23. Street Schemes and Deferred Street Schemes. \r\n 24. Development and Expansion Schemes. \r\n24-A. Housing Scheme. \r\n 25. Housing Accommodation Scheme. \r\n 26. Re-housing Scheme. \r\n 27. Re-housing of displaced resident house-owners. \r\n 28. Combination of schemes and matters which may be provided for in \r\nscheme. \r\n 29. Effect of prescribing a street alignment on powers of Municipal \r\nCommittee. \r\n 30. Powers of Trust to set back or forward buildings adjacent to the street \r\nalignment. \r\n 31. Prohibition of building beyond a street alignment. \r\n 32. Acquisition of property affected by deferred street scheme. \r\n 33. Official representation. \r\n 34. Consideration of official representation. \r\n 35. Matters to be considered when framing improvement schemes. \r\n 36. Preparation, publication and transmission of notic e as to improvement \r\nschemes, and supply of documents to applicants. \r\n 37. Transmission to Trust of representation by Committee as to \r\nimprovement scheme. \r\n 38. Notice of proposed acquisition of land. \r\n 39. Furnishing of information available in Municipal records. \r\n 40. Abandonment of scheme, or application to Provincial Government to \r\nsanction it. \r\n 41. Power to sanction, reject or return scheme. \r\n 42. Notification of sanction of scheme. \r\n42-A. Amendment of sanctioned scheme. \r\n 43. Alteration of scheme after sanction. \r\n 44. Inclusion of different localities in combined scheme. \r\nCHAPTER V \r\nPowers and Duties of the Trust \r\nwhere a scheme has been sanctioned \r\n 45. Transfer to Trust o f building or land vested in Municipal Committee for \r\npurposes of scheme. \r\n 46. Transfer of private street to Trust for purposes of scheme. \r\n 47. Provision of drain or water -work to replace another situated on land \r\nvested in the Trust under section 45 or section 46. \r\n 48. Power of Trust to make and deal with public street. \r\n 49. Powers under the Punjab Local Government Act, 1975, ves ted in the \r\nTrust. \r\n 50. Limitation of powers of Trust under section 49. \r\n 51. Power of the Trust to facilitate movement of population. \r\n 52. Power to make surveys or contribute towards their cost. \r\n 53. Power of entry. \r\n 54. Reference of disputes to Tribunal. \r\n 55. Vesting in Committee of streets laid out or altered, and open spaces \r\nprovided by the Trust under a scheme. \r\nCHAPTER V-A \r\nControlled Area \r\n55-A. Controlled area. \r\nCHAPTER VI \r\nAcquisition, Tribunals and Application \r\nof Act to other Authorities \r\n 56. Abandonment of acquisition in consideration of special payment. \r\n 57. Agreement or payment under section 56 not a bar to acquisition under a \r\nfresh declaration. \r\n 58. Tribunal to be constituted. \r\n 59. Modification of the Land Acquisition Act, 1894. \r\n 60. Constitution of Tribunal. \r\n 61. Remuneration of members of Tribunal. \r\n 62. Officers and servants of Tribunals. \r\n 63. Mode of payment. \r\n 64. Powers to make rules for Tribunal. \r\n 65. Award of Tribunal how to be determined. \r\n 66. Application of Act to acquisition by other local authorities. \r\n66-A. Exemption of land in a housing scheme from Chapter VI. \r\nCHAPTER VII \r\nFinance \r\n 67. Power of Trust to borrow money. \r\n 68. Contribution by Municipal Committee. \r\n 69. Custody and investment of Trust funds. \r\n 70. Procedure if the Trust fails to make any payment in respect of loans of \r\nthe Trust. \r\n 71. Procedure if Chairman of Board fails to make any payment due to \r\nAccountant-General. \r\n 72. Payment by Provincial Government to be a charge on the property of the \r\nTrust. \r\nCHAPTER VIII \r\nRules \r\n 73. Power of Provincial Government to make rules. \r\n 74. Power of the Trust to make rules. \r\n 75. Printing and sale of copies of rules. \r\n 76. Power of Provincial Government to cancel rules made under section 74. \r\nCHAPTER IX \r\nProcedure and penalties \r\n 77. Stamping signature on notices or bills. \r\n 78. Method of giving public notice. \r\n 79. Service of notice. \r\n 80. Disobedience to Act or to notice. \r\n 81. Powers of Trust to execute works on failure to comply with notice. \r\n 82. Liability of occupier to pay in default of owner. \r\n 83. Right of occupier to execute works in default of owners. \r\n 84. Procedure upon opposition to execution by occupier. \r\n 85. Recovery of cost of work by the occupier. \r\n 86. Recovery of expenses of removal by Trust. \r\n 87. Relief to agents and trustees. \r\n 88. Application of Section 142 of the Punjab Local Government Act, 1975. \r\n 89. Penalty for removing fence, etc., in street. \r\n 90. Power to prevent or demolish building in contravention of sections 30 \r\nand 31. \r\n 91. Penalty for obstructing contractor or removing mark. \r\nDisposal of Fines and Damages \r\n 92. [Omitted] \r\nCHAPTER X \r\nSupplemental provisions \r\n 93. Trustees, etc. deemed public servants. \r\n 94. Contributions by Trust towards leave allowances and pensions of \r\nservants of the State. \r\nLegal Proceedings \r\n 95. Authority for prosecutions. \r\n 96. Powers of Chairman as to institution etc., of legal proceedings and \r\nobtaining legal advice. \r\n 97. Indemnity to Trust, etc. \r\n 98. Notice of suit against Trust, etc. \r\nEvidence \r\n 99. Mode of proof of Trust records. \r\n100. Restriction on the summoning of Trust servants to produce documents. \r\nValidation \r\n101. Validation of acts and proceedings. \r\nCompensation \r\n102. General power of Trust to pay compensation. \r\nDissolution of Trust \r\n103. Ultimate dissolution of Trust, and transfer of its assets and liabilities to \r\nthe committee. \r\nTHE SCHEDULE \r\n1. Amendment of section 3. \r\n2. Notification under section 4 and declaration under section 6 to be \r\nreplaced by notifications under sections 36 and 42 of this Act. \r\n3. Amendment of section 11. \r\n4. Amendment of section 15. \r\n5. Amendment of section 17. \r\n6.  \r\n7. Amendment of section 18. \r\n8. Amendment of section 19. \r\n9. Amendment of section 20. \r\n 10. Amendment of section 23. \r\n 11. Amendment of section 24. \r\n 12.  \r\n 13. Amendment of section 31. \r\n 14.  \r\n 15. Amendment of section 49. \r\nTEXT \r\n1\r\nTHE TOWN IMPROVEMENT ACT, 1922 \r\n(IV of 1922) \r\n[17 November 1922] \r\nAn \r\nAct \r\nfor the Improvement of Certain Areas \r\nPreamble.– \r\n2\r\n[WHEREAS it is expedient to make provision for the improv ement and \r\nexpansion of towns in the \r\n3\r\n[Province of the Punjab];  \r\nIt 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[*] Town \r\nImprovement Act, 1922. \r\n5\r\n[\r\n6\r\n[(2) It extends to the whole of the \r\n7\r\n[Province of the Punjab], except the Special \r\nAreas]. \r\n(3) \r\n8\r\n[This section and section 66 shall come into force at once. The Provincial \r\nGovernment may by notification propose to apply the rest of the Act to the whole or to any \r\npart of a municipality and to any locality adjacent thereto, on such date as may be specified \r\nin such notification, and the Act shall apply accordingly after the lapse of three months; \r\nunless within that period the Provincial Government directs by a notification that the Act shall \r\nnot so apply]. \r\n2. Definitions.– In this Act unless there is something repugnant in the subject or \r\ncontext– \r\n                                                           \r\n1For Statement of Objects and Reasons, see Punjab Gazette, 1921, Part I -A, pp. 162, 164; for Report of the Select Committee, see \r\nibid., Part V, pp. 53-110; for Proceedings in Council, see Punjab Legislative Council Debates, Vol. II, pp. 109-12, 432-34; Vol. IV, pp. 41, \r\n249-57 and 271-74. This Act received the assent of the Governor of the Punjab on 26 th September, 1922; that of the Governor-General \r\non 29th October, 1922; and, was published in the Punjab Gazette, dated 17th November, 1922. \r\n2Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. \r\nLeg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. 2057-2063, s. \r\n2. \r\n3Substituted for the words “Province of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974, vide Notification No. Legi s.(16)-\r\n7/74, dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-OO, s. \r\n2 and Sr. No. 3 of Part II of the Schedule.  \r\n4Omitted the word “Punjab” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide \r\nNotification No. Leg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, clause (i) of s. 3. \r\n5Substituted by the Punjab Town Improvement (West Pakistan Amendment) Act, 1958 (XXXVII of 1958), vide Notification No. Leg.1 \r\n(37)/58, dated 5th May, 1958, published in the Gazette of West Pakistan (Extraordinary), dated May 5, 1958, pp. 789-790, s. 2. \r\n6Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. \r\nLeg.3(18)/62, dated 19 th May, 1962, publis hed in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. 2057-2063, \r\nclause (ii) of s. 3. \r\n7Substituted for the words “Province of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974, vide Notification No. Legi s.(16)-\r\n7/74, dated 20th November, 1974, published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-OO, s. \r\n2 and Sr. No. 3 of Part II of the Schedule.  \r\n8Substituted by the Punjab Town Improvement (Amendment) Act, 1950 (XXXIV of 1950), published in  the Punjab Gazette \r\n(Extraordinary), dated November 29, 1950, p. 281, s. 2. \r\n(1) words and expressions not defined in this Act have the same meanings as in \r\nthe \r\n1\r\n[\r\n2\r\n[Punjab Local Government Act, 1975]]. \r\n(2) “land” includes land a s defined in clause (a) of section 3 of the Land \r\nAcquisition Act, 1894; \r\n(3) “street alignment” means lines forming the boundaries of a street dividing the \r\nsame from lands adjoining on either side; \r\n(4) “building line” means a line (in rear of the street ali gnment) up to which the \r\nmain wall of a building abutting on a projected street may lawfully extend;  \r\n(5) “tribunal” means a tribunal constituted under section 60; \r\n(6) “Municipal Committee” means the Committee established in accordance with \r\nthe provisions of \r\n3\r\n[\r\n4\r\n[the Punjab Local Government Act, 1975]], for the Municipality to which or \r\nto any part of which or to any locality adjacent to which the provisions of this Act have been \r\napplied under sub-section (3) of section 1; \r\n(7) “local area” means the area to wh ich this Act has been applied and the area \r\nwithin which a Trust has been created for the purposes of carrying out the provisions of the \r\nAct; \r\n(8) all references to anything done, required, authorised, permitted, forbidden or \r\npunishable, or to any power vest ed, under this Act shall include anything done, required, \r\nauthorised, permitted, forbidden or punishable or any power vested– \r\n(a) by any provision of this Act, or \r\n(b) by any rule or scheme made under the provisions of this Act, or \r\n(c) under any provision of \r\n5\r\n[\r\n6\r\n[The Punjab Local Government Act, 1975]] which the \r\nTrust has by virtue of this Act power to enforce; \r\n(9) “prescribed” means prescribed by rules made by the \r\n7\r\n[Provincial Government] \r\nunder this Act; \r\n(10) “notification” means a notification published in the \r\n8\r\n[Official Gazette]\r\n1\r\n[;] \r\n                                                           \r\n1Substituted for the words “Punjab Municipal Act, 1911, as from time to time amended (hereinafter called the Municipal Act)” by \r\nthe Punjab Town Improvement (West Pakistan Amendment ) Ordinance, 1962 (XVIII of 1962), vide Notification No. \r\nLeg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. 2057-\r\n2063, clause (i) of s. 4. \r\n2Substituted for the words “Municipal Administrat ion Ordinance, 1960” by the Town Improvement (Punjab Amendment) Act, \r\n1977, vide Notification No.  PAP/Legis.2(14)/77/36, dated 27 th June, 1977, published in the Punjab Gazette (Extraordinary), \r\ndated June 27, 1977, pp.  900-B–900-H, sub-section (1) of s. 2. \r\n3Substituted for the words “Municipal Act” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 \r\n(XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan \r\n(Extraordinary), dated May 19, 1962, pp. 2057-2063, clause (ii) of s. 4. \r\n4Substituted for the words “Municipal Administration Ordinance, 1960” by the Town Improvement (Punjab Amendment) Act, \r\n1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th June, 1977, published in t he Punjab Gazette (Extraordinary), \r\ndated June 27, 1977, pp.  900-B–900-H, sub-section (1) of s. 2. \r\n5Substituted for the words “Municipal Act” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 \r\n(XVIII of 1962), vide Notification No. Le g.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan \r\n(Extraordinary), dated May 19, 1962, pp. 2057-2063, clause (ii) of s. 4. \r\n6Substituted for the words “Municipal Administration Ordinance, 1960” by the Town Improvement (Punjab Amend ment) Act, \r\n1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th June, 1977, published in the Punjab Gazette (Extraordinary), \r\ndated June 27, 1977, pp.  900-B–900-H, sub-section (1) of s. 2. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n8Substituted for the words “Punjab Gazette” by the Order ibid. \r\n2\r\n[(11) “Housing scheme” means a housing scheme as defined in the Punjab \r\nAcquisition of Land (Housing) Act, 1973; and  \r\n(12) “controlled Area” means an area declared as such under section 55 -A of this \r\nAct.] \r\n3\r\n[CHAPTER II \r\nConstitution of Trusts \r\n3. Creation and incorporation of trust.– The duty of carrying out the provisions of this \r\nAct in any local area shall subject to the conditions and limitations hereinafter contained, be \r\nvested in a board to be called “The (name of town) Improve ment Trust” hereinafter referred \r\nto as “the trust”, and every such board shall be a body corporate and have perpetual \r\nsuccession and a common seal, and shall by the said name sue and be sued. \r\n4\r\n[4. Constitution of Trust .– The Trust shall consist of a chairm an and such other \r\ntrustees including at least thirty three percent women, as may be appointed by the Provincial \r\nGovernment.] \r\n5. Removal of trustees .– The Provincial Government may, at any time, remove the \r\nchairman or any other trustee and appoint another c hairman or trustee, as the case may be, \r\nin this place.  \r\n6. Resignation of trustees. – (1) The chairman or any trustee may at any time resign \r\nhis office: \r\nProvided that his resignation shall not take effect until accepted by the Provincial \r\nGovernment. \r\n(2) Where the office of the chairman falls vacant, either by the resignation of the \r\nincumbent or due to any other cause, the Provincial Government may appoint one of the \r\ntrustees to act as the chairman till such time as the chairman is appointed. \r\n7.  Remuneration of chairman and other trustees .– The chairman and the other \r\ntrustees shall receive such salary, remuneration or allowances as may be sanctioned by the \r\nProvincial Government.] \r\n8. \r\n5\r\n[ * * * * * * * * *   ] \r\n9. \r\n6\r\n[ * * * * * * * * *   ] \r\n10. \r\n1\r\n[ * * * * * * * * *   ] \r\n                                                                                                                                                                                     \r\n1Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp.  900-B – 900-H, sub-section (2) of s. 2. \r\n2Ibid. \r\n3Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 5. \r\n4Substituted by the Schedule of the Punjab Fair Representation of Women Act, 2014 vide Notification No. PAP -Legis-\r\n2(25)/2014/1044, dated 12 th March, 2014, published in the Punjab Gazette (Extraordinary), dated March 12, 2014, pp. 2733-\r\n2744, s. 2 and Sr. No. 1. \r\n5Chapter II, containing sections 3 to 11, was substituted with Chapter II, containing sections 3 to 7, by the Punjab Town \r\nImprovement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19th May, \r\n1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. 2057-2063, s. 5. \r\n6Ibid. \r\n11. \r\n2\r\n[ * * * * * * * * *   ] \r\nCHAPTER III \r\nProceedings of the Trust and Committee \r\n12. Meetings of Trust .– (1) (a) The Trust shall ordinarily meet for the transaction of \r\nbusiness at least once in every month at such time as it may fix, provided that the Chairman \r\nmay, whenever he thinks fit, and shall, upon the written request of \r\n3\r\n[any trustee], call a \r\nspecial meeting. \r\n(b) \r\n4\r\n[The quorum necessary for the transaction of business at an ordinary or \r\nspecial meeting shall be the chairman and at least one other t rustee, and \r\nwhere the business to be transacted is the formation of any scheme under \r\nChapter IV, the quorum shall be the chairman and \r\n5\r\n[half of the number of \r\nother trustees, a fraction being counted as one].]  \r\n(c) At every meeting the Chairman, if he be pr esent, or in his absence such one \r\nof the Trustees present as may be chosen by the meeting, shall preside. \r\n(d) All questions which come before any meeting shall be decided by a majority \r\nof the votes of the Trustees present; the President of the meeting in c ase of \r\nan equality of votes having a second or casting vote. \r\n(e) Minutes of the names of the Trustees present and of the proceedings at each \r\nmeeting shall be drawn up and recorded in a book to be kept for the purpose, \r\nshall be signed by the person presidin g at the meeting or at the next ensuing \r\nmeeting, and shall at all reasonable times and without charge be open to \r\ninspection by any Trustee. \r\n(2) No Trustee shall be entitled to object to the minutes of any meeting unless he \r\nwas present at the meeting to which they relate. \r\n6\r\n[13. Associate members .– (1) The Trust, may, and if so desired by the Provincial \r\nGovernment, shall associate with itself, in such manner, for such period and for such \r\npurposes as may be prescribed by rules made under section 74, any person  whose \r\nassistance or advice it may desire in carrying out any of the provisions of this Act, or any \r\npersons nominated by the Provincial Government in this behalf, and persons so associated \r\nshall be known as associate members. \r\n(2) An associate member shall have the right to take part in the discussions of \r\nthe trust, but shall not have a right to vote at a meeting of the trust and shall not be deemed \r\nto be a trustee.]  \r\n14. Constitution and functions of committees .– (1) The Trust may from time to time \r\nappoint committees of the Trust consisting of such persons of any of the following classes as it \r\nmay deem fit, namely:– \r\n                                                                                                                                                                                     \r\n1Ibid. \r\n2Ibid. \r\n3Substituted for the words “not less than two trustees” by the Ordinance ibid., clause (a) of s. 6 \r\n4Substituted by the Ordinance ibid., clause (b) of s. 6. \r\n5Substituted for the words “all other trustees” by the Town Improvement (West Pakistan Amendment) Ordinance, 1964 (IV of \r\n1964), vide Notification No. Leg.3(4)/64, dated 18th May, 1964, published in the Gazette of West Pakistan (Extraordinary), dated \r\nMay 18, 1964, pp. 1621-1622, s. 2. \r\n6Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of W est Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 7. \r\n(i) Trustees; \r\n(ii) Persons associated with the Trust under section 13; \r\n(iii) Other persons whose services, assistance or advice the Trust may de sire as \r\nmembers of such committees: \r\nProvided that no such committees shall consist of less than three persons, and that \r\nat least one Trustee shall be member thereof. \r\n(2) The Trust may– \r\n(a) refer to such committees, for inquiry and report, any matter relati ng to any of \r\nthe purposes of this Act, and \r\n(b) delegate to such committees by resolution and subject to any rules made \r\nunder section 74, any of the powers or duties of the Trust. \r\n(3) The Trust may, at any time, dissolve, or, subject to the provisions of su b-\r\nsection (1), alter the constitution of any such committees. \r\n(4) Every such committee shall conform to any instructions from time to time \r\ngiven to it by the Trust. \r\n(5) All proceedings of any such committee shall be subject to confirmation by the \r\nTrust. \r\n(6) Any person associated with the Trust under section 13 or appointed a \r\nmember of a committee of the Trust under clause (iii) of sub -section (1) shall be entitled to \r\nreceive such remuneration either by way of monthly salary or by way of fees or partly in on e \r\nof these ways and partly in the other as the \r\n1\r\n[Provincial Government] may prescribe. \r\n15. Meetings of committees .– (1) Committees appointed under section 14 may meet \r\nand adjourn as they think proper; but the Chairman of the Trust may, whenever he deems fit, \r\ncall a special meeting of any such committee, and shall do so upon the written request of not \r\nless than two members thereof. \r\n(2) The Chairman may attend any meeting of a committee appointed under \r\nsection 14 whether he is a member of such committee or no t, and shall preside at every \r\nsuch meeting at which he is present; if he be absent, any Trustee present and being a \r\nmember of such committee as may be chosen by the meeting, shall preside: provided in this \r\ncase that if only one Trustee is present, he shall preside. \r\n(3) All questions which come before any meeting of such committee shall be \r\ndecided by a majority of the votes of the members present, the person presiding in case of \r\nan equality of votes having a second or casting vote. \r\n(4) No business shall be transacted at any meeting of such committee when less \r\nthan two members or, when the committee consists of more than eight members, when less \r\nthan one-fourth of such members are present. \r\n16. Trustees and associated members of Trust or committee not to take p art in \r\nproceedings in which they are personally interested.– (1) A Trustee who– \r\n(i) has, directly or indirectly, by himself or by any partner, employer, or \r\nemployee, any such share or interest as is described in the proviso to section \r\n10, in respect of any matter, or \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinar y), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations.  \r\n(ii) has acted professionally, in relation to any matter, on behalf of any person \r\nhaving therein any such s hare or interest as aforesaid, shall not vote or take \r\nany other part in any proceedings of the Trust or any committee appointed \r\nunder this Act relating to such matter. \r\n(2) If any Trustee, or any person associated with the Trust under section 13 or \r\nany other member of a committee appointed under this Act, has, directly or indirectly, any \r\nbeneficial interest in any land situated in an area co mprised in any improvement scheme \r\nframed under this Act, or in any area in which it is proposed to acquire land for any of the \r\npurposes of this Act,– \r\n(i) he shall, before taking part in any proceeding at a meeting of the Trust or any \r\ncommittee appointed under this Act, relating to such area, inform the person \r\npresiding at the meeting of the nature of such interest; \r\n(ii) he shall not vote at any meeting of the Trust or any such committee upon any \r\nresolution or question relating to such land; and \r\n(iii) he shall not take any other part in any proceeding at a meeting of the Trust or \r\nany such committee relating to such area if the person presiding at the \r\nmeeting considers it inexpedient that he should do so. \r\n17. Power of Trust to fix number and salaries of perman ent servants and \r\nappointment of temporary servants in cases of emergency .– \r\n1\r\n[(1)] Subject to such rules \r\nas the \r\n2\r\n[Provincial Government] may make under clause (iii) of section 73 the Trust may \r\nfrom time to time employ such servants as it may deem necessary and proper to assist in \r\ncarrying out the purposes of this Act, and may assign to such servants such pay as it may \r\ndeem fit. \r\n3\r\n[(2) The Provincial Government may from time to time specify the posts under the trust, \r\nwhich shall be filled by persons belonging to the Local Councils Service constituted under \r\nArticle 44 of the Basic Democracies Order, 1959 (P.O. 18 of 1959), hereinafter referred to as \r\nthe Order, and in relation to the said posts and the persons appointed thereto, the provisions \r\nof Chapter VIII of Part II of the Order and any rules framed in pursuance thereof shall mutatis \r\nmutandis apply and as if any reference in the said provisions and the rules to– \r\n(a) a local council, were a reference to the trust;  \r\n(b) the Controlling Authority, were a reference to the Provincial Government; and  \r\n(c) the Order, were a reference to this Act.] \r\n18. \r\n4\r\n[ * * * * * * * * *   ] \r\n19. Control by Chairman .– The Chairman shall exercise supervision and control over \r\nthe acts and proceedings of all officers and servants of the Trust; and, subject to the \r\nforegoing sections, shall dispose of all questions relating to the service of the said officers \r\nand servants and their pay, privileges and allowances. \r\n                                                           \r\n1Numbered by the Town Improvement (Amendment) Act, 1968 (IV of 1968), vide Notification No. PAWP/Leg.(129)/67/62, dated \r\n15th July, 1968, published in the Gazette of West Pakistan (Extraordinary), dated July 15, 1968, pp. 2952-A–2952-B, s. 2. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), date d April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3Added by the Town Improvement (Amendment) Act, 1968 (IV of 1968), vide Notification No. PAWP/Leg.(129)/67/62, dated 15th \r\nJuly, 1968, published in the Gazette of West Pakistan (Extraordinary), dated July 15, 1968, pp. 2952-A–2952-B, s. 2. \r\n4Omitted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. \r\nLeg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extra ordinary), dated May 19, 1962, pp. 2057-\r\n2063, s. 8. \r\n20. Delegation of certain of Chairman’s functions .– (1) The Chairman may, by \r\ngeneral or special order in writing, delegate to any officer of the Trust any of the Chairman’s \r\npowers, duties or functions under this Act or any rule made thereunder except those \r\nconferred or imposed upon or vested in him by sections 12, 15, 21, 46 and 96 respectively. \r\n(2) The exercise or discharge by any officer of any powers, duties or functions delegated \r\nto him under sub-section (1) shall be subject to such conditions and limitations (if any) as may \r\nbe prescribed in the said order, and also to control and revision by the Chairman, or the Trust. \r\nSupply of information to Government \r\n21. Supply of information and documents to the Government .– (1) The Chairman \r\nshall forward to the \r\n1\r\n[Provincial Government] a copy of the minutes of the proceedings of \r\neach meetin g of the Trust, within ten days from the date on which the minutes of the \r\nproceedings of such meeting were signed as prescribed in clause (e) of sub -section (1) of \r\nsection 12. \r\n(2) If the \r\n2\r\n[Provincial Government] so directs in any case, the Chairman shall \r\nforward to it a copy of all papers which were laid before the Trust for consideration at any \r\nmeeting. \r\n(3) The \r\n3\r\n[Provincial 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 Trust, 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. \r\nThe Chairman shall comply with every such requisition without unreasonable delay. \r\n4\r\n[21-A. Control over the acti vities of Improvement Trusts .– If in the opinion of \r\nGovernment, anything done or intended to be done by or on behalf of the Trust is not in \r\nconformity with law, or is in any way against public interest, Government may by order– \r\n(a) quash the proceedings; \r\n(b) suspend the execution of any resolution passed or order made by the Trust;  \r\n(c) prohibit the doing of anything proposed to be done; or  \r\n(d) require the Trust to take such action as may be specified.] \r\nCHAPTER IV \r\nSchemes under the Act \r\n22. Matters to be pr ovided for by General Improvement Scheme or Rebuilding \r\nScheme.– (1) Whenever it appears to the Trust that– \r\n(a) any buildings which are used or are intended or likely to be used as dwelling \r\nplaces within its local area are unfit for human habitation, or \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Ibid. \r\n3Ibid.   \r\n4Inserted by the Town Improvement (West Pakistan Amendment) Ordinance, 1965 (XXVI of 1965) vide Notification No. \r\nLeg.3(26)/65, dated 16th August, 1965, published in the Gazette of Wes t Pakistan (Extraordinary), dated August 16, 1965, pp. \r\n4459-4460, s. 2. \r\n(b) danger is caused or likely to be caused to the health of the inhabitants of such \r\nlocal area or part thereof by reason of– \r\n(i) the congested condition of streets or buildings or groups of buildings \r\nin such local area or part, or \r\n(ii) the want of light, air , ventilation or proper conveniences in such local \r\narea, or part, or \r\n(iii) any other sanitary defec ts in such local area or part, the Trust may \r\npass a resolution to the effect that such local area or part is in an \r\ninsanitary locality and that “a General Im provement Scheme” ought to \r\nbe framed in respect of such locality and may then proceed to frame \r\nsuch a scheme. \r\n(2) Whenever the Trust declares any local area or part thereof to be an insanitary \r\nlocality within the meaning of this section, and is of opinion that having regard to the \r\ncomparative value of the buildings in such local area or part and the sites on which they are \r\nerected it is undesirable to frame a General Improvement Scheme and the most satisfactory \r\nmethod of dealing with the local area or any p art thereof is “a Rebuilding Scheme,” it may \r\nproceed to frame such a scheme, which may provide for the reservation of streets and the \r\nenlargement of existing streets; the relaying out of the sites of the local area or part thereof \r\nupon the streets so reser ved or enlarged; the demolition of existing buildings and their \r\nappurtenances upon such sites; and the erection of buildings in accordance with the \r\nscheme. \r\n23. Street Schemes and Deferred Street Schemes .– (1) Whenever it appears to the \r\nTrust that for the purpose of– \r\n(i) providing building sites, or  \r\n(ii) remedying defective ventilation, or \r\n(iii) creating new or improving existing means of communication and facilities for \r\ntraffic, or \r\n(iv) affording better facilities for conservancy,  \r\nwithin its local area or  part thereof it is expedient to lay out new streets, thoroughfares and \r\nopen spaces, or alter existing streets, the Trust may pass a resolution to that effect, and \r\nshall then proceed to frame “a Street Scheme” which shall prescribe improved alignments for \r\nstreets, thoroughfares and open spaces for such local area or part as the Trust may deem \r\nfit. \r\n(2) Whenever it appears to such Trust that for any of the purposes mentioned in \r\nsub-section (1) within its local areas or part thereof it is expedient to provide for the ultimate \r\nwidening of any existing street by altering the existing alignments to improve alignments to \r\nbe prescribed by the Trust, but that it is not expedient immediately to acquire all or any  of \r\nthe properties lying within the proposed improved a lignments, the Trust, if satisfied of the \r\nsufficiency of its resources, may pass a resolution to that effect, and forthwith proceed to \r\nframe a “Deferred Street Scheme” prescribing an alignment on each side of such street. \r\n24. Development and Expansion Sche mes.– (1) The Trust may, for the purpose of \r\ndevelopment of any locality within the municipal limits contained in its local area, prepare “a \r\nDevelopment Scheme”, and \r\n(2) Such Trust may, if it is of opinion that it is expedient and for the public \r\nadvantage to promote and control the development of and to provide for the expansion of a \r\nmunicipality in any locality adjacent thereto, within the local area of such Trust prepare “an \r\nExpansion Scheme.” \r\n(3) “A Development Scheme” or “an Expansion Scheme” may provide for the lay-\r\nout of the locality to be developed, the purposes for which particular portions of such locality \r\nare to be utilised, the prescribed street alignment and the building line on each side of the \r\nstreets proposed in such locality, the drainage of i nsanitary localities and such other details \r\nas may appear desirable. \r\n1\r\n[24-A. Housing Scheme .– (1) The Trust may, and if so directed by the Provincial \r\nGovernment shall, frame a housing scheme and submit it to the Provincial Government.  \r\n(2) Nothing containe d in sections 36, 38, and 40 shall apply to a housing \r\nscheme.] \r\n25. Housing Accommodation Scheme .– If the Trust is of opinion that it is expedient \r\nand for the public advantage to provide housing accommodation for any class of the \r\ninhabitants within its local area such Trust may frame “a Housing Accommodation Scheme” \r\nfor the purpose aforesaid: \r\nProvided that if the \r\n2\r\n[Provincial Government] are satisfied that within the Trust area it is \r\nnecessary to provide housing accommodation for industrial labour, the \r\n3\r\n[Provincial \r\nGovernment] may by order require the Trust to frame a scheme under this section and to do \r\nall things necessary under the Act for executing the scheme so made; and if the Trust fail \r\nwithin such time as may be prescribed to frame a scheme to the satisfaction of the \r\n4\r\n[Provincial \r\nGovernment] and to execute it, the \r\n5\r\n[Provincial Government] may either by order require the \r\nMunicipal Committee to frame and execute a scheme, or themselves frame a scheme and \r\ntake such steps as are necessary to execute it. All  expenses incurred by the \r\n6\r\n[Provincial \r\nGovernment] or by the Municipal Committee in the exercise of the powers conferred upon \r\nthem by this section shall in the first instance, be paid out of provincial revenues, but the \r\namount so spent shall be recoverable from the Trust as if it were a \r\n7\r\n[debt due to the Provincial \r\nGovernment], and the \r\n8\r\n[Provincial Government] may attach the rents and other income of the \r\nTrust. The provisions of section 72 shall also apply to all moneys so paid. \r\n26. Re-housing Scheme.– Whenever the Trust deems it necessary that accommodation \r\nshould be provided for persons who are displaced by the execution of any scheme under \r\nthis Act, or are likely to be displaced by the execution of any scheme, which it is intended to \r\nsubmit to the \r\n9\r\n[Provincial Government] for sanction under this Act it may frame “a Re -\r\nhousing Scheme” for the construction, maintenance and management of such and so many \r\ndwellings and shops as ought, in the opinion of the Trust, to be provided for such persons. \r\n27. Re-housing of displaced resident house-owners.– Any resident house owner who \r\nis likely to be displaced by the execution of any scheme under this Act, may apply to the Trust \r\n                                                           \r\n1Added by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B–900-H, s. 3. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3Ibid. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 19 37, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n5Ibid. \r\n6Ibid. \r\n7Substituted for the words “debt due to Government” by the Order ibid., s. 3 and Schedule. \r\n8Substituted for the words “Local Government” by the Order ibid., s. 4 and Table of General Adaptations. \r\n9Ibid. \r\nto be re-housed, and no such scheme shall be put into execution until a Re-housing Scheme \r\nas provided for in section 26 for the re -housing of such resident house owners as may apply \r\nunder this section has been completed. \r\nExplanation.– The demolition of a portion of a dwelling house which renders the remaining \r\nportion uninhabitable shall be deemed to be a displacement of the person or persons \r\nresiding in the said dwelling house. \r\n28. Combination of schemes and matters which may be provided for in scheme .– \r\n(1) A scheme under this Act may combine one or more types of schemes or any special \r\nfeatures thereof. \r\n(2) A scheme under this Act may provide for all or any of the following matters:– \r\n(i) The acquisition under the Land Acquisition Act, 1894, as modified by this Act, \r\nor the abandonment of such acquisition under sections 56 and 57 of this Act, \r\nof any land or any interest in land necessary for or affected by the execution \r\nof the scheme, or adjoining any street, thoroughfare open space to be \r\nimproved or formed under the scheme. \r\n1\r\n[or in case of a housing scheme, \r\nacquisition of land under the Punjab Acquisition of Land (Housing) Act, 1973];  \r\n(ii) The acquisition by purchase, lease, exchange, or otherwise of such land or \r\ninterest in land; \r\n(iii) The retention, letting on hire, lease, sale, exchange or disposal otherwise of \r\nany land vested in or acquired by the Trust; \r\n(iv) The demolition of buildings or portions of buildings that are unfit for the \r\npurpose for which they are intended and that obstruct light or air or project \r\nbeyond the building line; \r\n(v) The relaying out of any land comprised in the scheme and the redistribution of \r\nsites belonging to owners of property comprised in the scheme; \r\n(vi) The laying out and alteration of streets; \r\n(vii) The provision of open spaces in the interests of the residents of any locality \r\ncomprised in the scheme or any adjoining locality and the enlargement or \r\nalteration of existing open spaces; \r\n(viii) The raising, lowering or reclamation of any land vested in or to be acquired by \r\nthe Trust for the purposes of the scheme and the reclamation or reservation \r\nof land for the productio n of fruit, vegetables, fuel, fodder and the like for the \r\nresidents of the local area; \r\n(ix) The draining, water-supply and lighting of streets altered or constructed; \r\n(x) The provision of a system of drains and sewers for the improvement of ill -\r\ndrained and insanitary localities; \r\n(xi) The doing of all acts intended to promote the health of residents of the area \r\ncomprised in the scheme, including the conservation and preservation from \r\ninjury or pollution of rivers and other sources and means of water supply; \r\n(xii) The demolition of existing buildings and the erection and re -erection of \r\nbuildings by the Trust or by the owners or by the Trust in default of the \r\nowners; \r\n                                                           \r\n1Inserted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B– 900-H, s. 4. \r\n(xiii) The advance to the owners of land comprised within the scheme upon such \r\nterms and conditions as to interest and sinking fund and otherwise as may be \r\nprescribed under the scheme of the whole or part or the capital requisite for \r\nthe erection of buildings in accordance with the scheme; \r\n(xiv) The provision of facilities for communication; \r\n(xv) All other matters which the \r\n1\r\n[Provincial Government] may deem necessary to \r\npromote the general efficiency of a scheme or to improve the locality \r\ncomprised in such scheme. \r\n2\r\n[(3) While undertaking a scheme under this section a provision of plot for the \r\nconstruction of mosque shall be made where necessary.] \r\n29. Effect of prescribing a street alignment on powers of Municipal Committee .– \r\nNotwithstanding anything contained in the    \r\n3\r\n[\r\n4\r\n[Punjab Local Government Act, 1975]], \r\nwhenever any street alignment has been pre scribed by the Trust in any scheme under this \r\nAct with the sanction of the \r\n5\r\n[Provincial Government] the Municipal Committee shall not have \r\npower to prescribe a regular line for the street within the limits of the scheme, and any such \r\nline previously prescribed by the Committee within such limits shall cease to be the regular \r\nline or line of frontage of the street. \r\n30. Powers of Trust to set back or forward buildings adjacent to the street \r\nalignment.– (1) Should any building or part of a building project bey ond the regular line of a \r\nstreet, either existing or determined on for the future, or beyond the front of the building on \r\neither side thereof, the Trust may, whenever such building or part has been either entirely or \r\nin greater part taken down or burnt dow n or has fallen down, by written notice, require such \r\nbuilding or part when being rebuilt to be set back to or towards the said regular line or the \r\nfront of the adjacent buildings; and the portion of the land added to the street by such setting \r\nback or removal shall become part of the street and shall vest in the Trust. \r\n(2) The Trust may on such terms as it may deem fit require or allow any building \r\nto be set forward for the improvement of the line of the street. \r\n(3) When any building is set back or forward  in pursuance of a requisition made \r\nunder the preceding clause, the Trust shall forthwith make full compensation to the owner of \r\nthe building for any damage or loss that he may sustain. \r\n(4) If the additional land, which will be included in the premises of any person \r\nrequired or allowed to set forward a building, or part thereof, belongs to the Trust, the \r\nrequisition or permission of the Trust to set forward the building shall be sufficient \r\nconveyance to the said owner of the said land, and the terms and con ditions of the \r\nconveyance shall be set forth in the said requisition or permission. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Added by  the Punjab Town Improvement (Amendment) Ordinance, 1985, (VI of 1985), vide Notification No. Legis.3(6)/85, \r\npublished in the Gazette of Punjab (Extraordinary), dated 23-2-1985, s. 2. \r\n3Substituted for the words “Municipal Act” by the Punjab Town Improvemen t (West Pakistan Amendment) Ordinance, 1962 \r\n(XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan \r\n(Extraordinary), dated May 19, 1962, pp. 2057-2063, s. 9. \r\n4Substituted for the words “Municipal  Administration Ordinance, 1960” by the Town Improvement (Punjab Amendment) Act, \r\n1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th June, 1977, published in the Punjab Gazette (Extraordinary), \r\ndated June 27, 1977, pp. 900-B–900-H, s. 5. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n31. Prohibition of building beyond a street alignment.– (1) In the locality comprised in \r\na scheme under this Act no person, shall, except with the written permission of the  Trust, \r\nerect, re-erect, add to or alter any building so as to make the same project beyond a street \r\nalignment or building line duly prescribed by the Trust. \r\n(2) In the locality comprised in a Development Scheme or an Expansion Scheme, \r\nif any person desires to erect, re-erect, add to or alter any building on his land so as to make \r\nthe same project beyond a street alignment or a building line duly prescribed by the Trust, he \r\nshall apply to the Trust for permission to do so, and if the Trust refuses to grant permission \r\nto such person according to his application, and does not proceed to acquire such land \r\nwithin one year from the date of such refusal, it shall pay reasonable compensation to such \r\nperson for any damage or loss sustained by him in consequence of such refusal. \r\n32. Acquisition of property affected by deferred street scheme .– (1) In the locality \r\ncomprised in a Deferred Street Scheme the owner of any property affected by a street \r\nalignment duly prescribed by the Trust may, at any time after the scheme has been \r\nsanctioned by the \r\n1\r\n[Provincial Government], give the Trust notice requiring it to acquire such \r\nproperty before the expiration of six months from the date of such notice, and the Trust shall \r\nacquire such property accordingly. \r\n(2) In the locality co mprised in a Deferred Street Scheme, before proceeding to \r\nacquire any property affected by a street alignment duly prescribed by the Trust other than \r\nproperty regarding which it has received a notice under the preceding clause, the Trust shall \r\ngive six months’ notice to the owner of its intention to acquire the property. \r\n33. Official representation .– (1) A scheme under this Act may be framed upon an \r\nofficial representation by the Municipal Committee or otherwise. \r\n(2) An official representation referred to i n sub-section (1) may be made by the \r\nMunicipal Committee– \r\n(a) on its own motion, or \r\n(b) on a written complaint by the Medical Officer of Health, or \r\n2\r\n[(c) In respect of any area comprised in a Union within the jurisdiction of a \r\nmunicipality, on a written request signed by twenty-five or more inhabitants of \r\nsuch Union.]  \r\n(3) If the Municipal Committee decides not to make an official representation on \r\nany complaint made to it under clause (b) or clause (c) of sub -section (2), it shall cause a \r\ncopy of such comp laint to be sent to the Trust, with a statement of the reasons for its \r\ndecision. \r\n34. Consideration of official representation .– (1) The Trust shall consider every \r\nofficial representation made under section 33, and if satisfied as to the truth thereof and a s \r\nto be sufficiency of its own resources, shall decide whether a scheme under this Act to carry \r\nsuch representation into effect should be framed forthwith or not, and shall forthwith intimate \r\nits decision to the Municipal Committee. \r\n(2) If the Trust decide s that it is not necessary or expedient to frame a scheme \r\nunder this Act forthwith, it shall inform the Municipal Committee of the reasons for its \r\ndecision. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 10. \r\n(3) If the Trust fails, for a period of twelve months after the receipt of any official \r\nrepresentation made under section 33, to intimate its decision thereon to the Municipal \r\nCommittee, or if the Trust intimates to the Municipal Committee its decision that it is not \r\nnecessary or expedient to frame a scheme of a type other than recommended by the \r\nMunicipal Committee, the Municipal Committee may, if it deems fit, refer the matter to the \r\n1\r\n[Provincial Government]. \r\n(4) The \r\n2\r\n[Provincial Government] shall consider every reference made to it under \r\nsub-section (3) and \r\n(a) if it deems that the Trust ought to have  passed a decision within the \r\nperiod mentioned in sub -section (3) shall direct the Trust to pass a \r\ndecision within such further period as the \r\n3\r\n[Provincial Government] \r\nmay deem reasonable, or \r\n(b) if it deems that it is expedient that a scheme should forthwi th be \r\nframed, shall direct the Trust to proceed forthwith to frame a scheme. \r\nSuch a direction may prescribe the type of scheme to be framed. \r\n(5) The Trust shall comply with every direction given by the \r\n4\r\n[Provincial \r\nGovernment] under sub-section (4). \r\n35. Matters to be considered when framing improvement schemes .– When framing \r\na scheme under this Act in respect of any locality, regard shall be had to– \r\n(a) the nature and the condition of adjoining localities and of the town as a whole; \r\n(b) the direction in which the town appears likely to expand; and \r\n(c) the claims of any other part of the local area likely to require a scheme under \r\nthis Act. \r\n36. Preparation, publication and transmission of notice as to improvement \r\nschemes, and supply of documents to applicants .– (1) When a scheme under this Act \r\nhas been framed, the Trust shall prepare 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 inc luding statement of the land \r\nproposed to be acquired and a general map of the locality comprised in the \r\nscheme may be inspected at reasonable hours. \r\n(2) The Trust shall– \r\n(a) notwithstanding anything contained in section 78 cause the said notice to be \r\npublished weekly for three consecutive weeks in the official Gazette and in a \r\nnewspaper or newspapers with a statement of the period within which \r\nobjections will be received, and \r\n(b) send a copy of the notice to the \r\n1\r\n[chairman] of the Municipal Committee, and to \r\nthe Medical Officer of Health. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of Gen eral \r\nAdaptations. \r\n3Ibid. \r\n4Ibid. \r\n(3) The Chairman shall cause copies of all documents referred to in clause (iii) of \r\nsub-section (1) to be delivered to any applicant on payment of such fees as may be \r\nprescribed by rule under section 74. \r\n37. Transmission to  Trust of representation by Committee as to improvement \r\nscheme.– The \r\n2\r\n[chairman] of any Municipal Committee and the Medical Officer of Health to \r\nwhom a copy of a notice has been sent under clause (b) of sub section (2) of section 36 \r\nshall, within a period of sixty days from the receipt of the said copy, forward to the Trust any \r\nrepresentation which the Municipal Committee or the said Medical Officer of Health may \r\ndeem fit to make with regard to the scheme. \r\n38. Notice of proposed acquisition of land .– (1) During the thirty days next following \r\nthe first day on which any notice is published under section 36 in respect of any scheme \r\nunder this Act the Trust shall serve a notice on– \r\n(i) every person whom the Trust has reason to believe after due enquiry to be \r\nthe owner of any immovable property which it is proposed to acquire in \r\nexecuting the scheme, \r\n(ii) the occupier (who need not be named) of such premises as the Trust \r\nproposes to acquire in executing the scheme. \r\n(2) Such notice shall– \r\n(a) state that the Trust p roposes to acquire such property for the purposes of \r\ncarrying out a scheme under this Act, and \r\n(b) require such person, if he objects to such acquisition, to state his reasons in \r\nwriting within a period of sixty days from the service of the notice. \r\n(3) Every such notice shall be signed by, or by the order of, the Chairman. \r\n39. Furnishing of information available in Municipal records.– The \r\n3\r\n[chairman] of the \r\nMunicipal Committee shall furnish the Chairman at his request and on payment of such fees \r\nas may be p rescribed by rules made under section 73 with a copy of such information \r\nrelating to a locality regarding which a notice has been published under section 36 \r\n4\r\n[or \r\nrelating to a locality in respect of which a housing scheme has been framed] as is available \r\nin the Municipal record. \r\n40. Abandonment of scheme, or application to \r\n5\r\n[Provincial Government ] to \r\nsanction it.– (1) After the expiry of the periods respectively prescribed under clause (a) sub-\r\nsection (2) of section 36, by section 37 and by clause (b) of su b-section (2) of section 38, in \r\nrespect of any scheme under this Act, the Trust shall consider any objection, or \r\nrepresentation received thereunder, and after hearing all persons or their representatives \r\nmaking any such objection, or representation, who ma y desire to be heard, the Trust may \r\neither abandon the scheme or apply to the \r\n6\r\n[Provincial Government] for sanction to the \r\nscheme with such modifications (if any) as the Trust may deem necessary. \r\n                                                                                                                                                                                     \r\n1Substituted for the word “President” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakis tan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 11. \r\n2Ibid. \r\n3Ibid. \r\n4Inserted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B–900-H, s. 6. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n6Ibid. \r\n(2) Every application submitted under sub-section (1) shall be accompanied by– \r\n(i) complete plans and details of the scheme and an estimate of the cost of \r\nexecuting it; \r\n(ii) a statement of the reasons for modifications (if any) made in the scheme as \r\noriginally framed; \r\n(iii) a statement of objections (if any) received under section 36; \r\n(iv) the representation (if any) received under section 37; \r\n(v) a list of the names of all persons (if any) who have objected under clause (b) \r\nof sub-section (2) of section 38, to the proposed acquisition of their property \r\nand a statement of the reasons given for such objection; and \r\n(vi) a statement of the arrangements made or proposed by the Trust for the re -\r\nhousing of persons who are likely to be displaced by the execution of the \r\nscheme and for whose re-housing provision is required. \r\n(3) When any application has been submitted to the \r\n1\r\n[Provincial Government] \r\nunder sub -section (1), the Trust shall cause notice of the fact to be published for two \r\nconsecutive weeks in the official Gazette and in a newspaper or newspapers. \r\n41.  Power to sa nction, reject or return scheme .– (1) The \r\n2\r\n[Provincial Government] \r\nmay sanction, either with or without modification, or may refuse to sanction, or may return for \r\nreconsideration, any scheme submitted to it under section 40 \r\n3\r\n[and Section 24-A]. \r\n(2) If a scheme returned for reconsideration under sub -section (1) is modified by \r\nthe Trust, it shall be republished in accordance with section 36– \r\n(a) in every case in which the modification affects the boundaries of the locality \r\ncomprised in the scheme, or involves  the acquisition of any land not \r\npreviously proposed to be acquired; and \r\n(b) in every other case, unless the modification is, in the opinion of the \r\n4\r\n[Provincial Government] not of sufficient importance to require republication \r\n5\r\n[:] \r\n6\r\n[Provided that the prov isions of this sub -section shall not apply to a housing \r\nscheme.] \r\n42. Notification of sanction of scheme .– (1) The \r\n7\r\n[Provincial Government] shall notify \r\nsanction of every scheme under this Act, and the Trust shall forthwith proceed to execute \r\nsuch scheme, p rovided that it is not a Deferred Street Scheme, Development Scheme, or \r\n                                                           \r\n1Ibid. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), da ted April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n3Inserted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B–900-H, clause (i) of s. 7. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1,  1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n5Replaced for the “full stop” by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. \r\nPAP/Legis.2(14)/77/36, dated 27th June, 1977, published in the Punjab Gazette (Extraordinary ), dated June 27, 1977, pp. 900-\r\nB – 900-H, clause (ii) of s. 7. \r\n6Added by the Act ibid. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of In dia (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\nExpansion Scheme and provided further that the requirements of section 27 have been \r\nfulfilled. \r\n(2) A notification under sub -section (1) in respect of any scheme shall be \r\nconclusive evidence that the scheme has been duly framed and sanctioned. \r\n1\r\n[42-A. Amendment of sanctioned scheme .– The Provincial Government may, on the \r\nrequest of the Trust permit the abandonment of the whole or part of a scheme sanctioned \r\nunder section 41 and notify such permission in the official gazette.] \r\n43.  Alteration of scheme after sanction .– A scheme under this Act may be altered by \r\nthe Trust at any time between its sanction \r\n2\r\n[by the Provincial Government] and its execution: \r\nProvided as follows:– \r\n3\r\n[(a) if any al teration is estimated to increase the estimated cost of executing a \r\nscheme by more than the limit prescribed, such alterations shall not be made \r\nwithout the previous sanction of the Provincial Government.]  \r\n(b) if any alteration involves the acquisition, o therwise than by agreement of any \r\nland the acquisition of which has not been sanctioned by the \r\n4\r\n[Provincial \r\nGovernment] the procedure prescribed in the foregoing sections of this \r\nchapter shall, so far as applicable, be followed as if the alteration were a \r\nseparate scheme. \r\n44. Inclusion of different localities in combined scheme.– Any number of localities in \r\nrespect of which the Trust has framed or has proposed to frame schemes under this Act \r\nmay, at any time, be included in one combined scheme. \r\nCHAPTER V \r\nPowers and Duties of the Trust \r\nwhere a scheme has been sanctioned \r\n45. Transfer to Trust of building or land vested in Municipal Committee for \r\npurposes of scheme.– (1) Whenever any building, or any street or other land, or any part \r\nthereof which is vested in the Municipal Committee is required for executing any scheme \r\nunder this Act the Trust shall give notice accordingly to the \r\n5\r\n[chairman] of the Municipal \r\nCommittee, and such building, street, land or part shall thereupon vest in the Trust, subject \r\nto the payment to the Municipal Committee of such sum as may be required to compensate \r\nit for actual loss resulting from the transfer of any building to the Trust. \r\n(2) If any question or dispute arises as to the sufficiency of the compensation \r\npaid or proposed to be  paid under sub -section (1), the matter shall be referred to the \r\n6\r\n[Provincial Government] whose decision shall be final. \r\n                                                           \r\n1Added by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th June, 1977, \r\npublished in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp.  900-B – 900-H, s. 8. \r\n2Substituted for the words “by Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\n3Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th June, \r\n1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B–900-H, s. 9. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n5Substituted for the word “President” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962) , \r\nvide Notification No. Leg. 3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extra ordinary), dated May 19, \r\n1962, pp. 2057-2063, s. 11. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1,  1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n46. Transfer of private street to Trust for purposes of scheme .– (1) Whenever any \r\nstreet, or part thereof, which is not vested in the M unicipal Committee is required for \r\nexecuting any scheme under this Act the Trust shall cause to be affixed in a conspicuous \r\nplace in or near such street, or part, a notice signed by the Chairman: \r\n(a) stating the purpose for which the street or part, is required, and \r\n(b) declaring that the Trust will, on or after a date to be specified in the notice, \r\nsuch date being not less than thirty days after the date of the notice, take over \r\ncharge of such street, or part, fr om the owner or owners thereof; and shall \r\nsimultaneously send a copy of such notice to the owner or owners of such \r\nstreet, or part, or to the duly accredited agent of such owner or owners. \r\n(2) After considering and deciding all objections (if any) received in writing before \r\nthe date so specified the  Trust may take over charge of such street, or part, from the owner \r\nor owners thereof and the same shall thereupon vest in the Trust. \r\n(3) When the Trust alters or closes any street or part thereof which has vested in \r\nit under sub -section (2), it shall pay such sum as may be required to compensate the \r\nprevious owner or owners for actual loss resulting to him from such alteration or closure. \r\n(4) If the alteration or closing of any such street or part, causes special damage \r\nor substantial inconvenience to owne rs of property adjacent thereto, or to residents in the \r\nneighbourhood, the Trust– \r\n(i) shall forthwith provide some other reasonable means of access for the use of \r\npersons who were entitled as of right to use such street or part, as a means of \r\naccess to any property or place, and \r\n(ii) if the provision of such means of access does not sufficiently compensate any \r\nsuch owner or resident for such damage or inconvenience, shall also pay him \r\nreasonable compensation in money. \r\n47. Provision of drain or water -work to replace another situated on land vested in \r\nthe Trust under section 45 or section 46 .– (1) When any building or any street or other \r\nland or any part thereof, has vested in the Trust under section 45 or section 46, no municipal \r\ndrain or water -work therein s hall vest in the Trust until another drain or water -work (as the \r\ncase may be) if required, has been provided by the Trust to the satisfaction of the Municipal \r\nCommittee, in place of the former drain or work. \r\n(2) If any question or dispute arises as to whet her another drain or water-work is \r\nrequired, or as to the sufficiency of any drain or water-work provided by the Trust under sub-\r\nsection (1) the matter shall be referred to the \r\n1\r\n[Provincial Government], whose decision shall \r\nbe final. \r\n48. Power of Trust to make and deal with public street.– (1) The Trust may– \r\n(a) lay out and make a new public street and construct tunnels and other works \r\nsubsidiary to the same, and \r\n(b) widen, lengthen, extend, enlarge, raise the level of or otherwise improve any \r\nexisting public street if vested in the Trust, and \r\n(c) turn, divert, discontinue or close any public street so vested, and \r\n(d) provide within its discretion building sites of such dimensions as it deems fit to \r\nabut on or adjoin any public street made, widened, lengthen ed, extended, \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated Apr il 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\nenlarged, improved, or the level of which has been raised by the Trust under \r\nclauses (a), (b) and (c) or by the \r\n1\r\n[Provincial Government], and \r\n(e) subject to the provisions of any rule prescribing the conditions on which \r\nproperty vested in the  Trust may be transferred, lease, sell or otherwise \r\ndispose of any land used by the Trust for a public street and no longer \r\nrequired therefore, and in doing so impose any condition as to the removal of \r\nany building existing thereon, as to the description o f any new building to be \r\nerected thereon, as to the period within which such new building shall be \r\ncompleted and as to any other matter that it deems fit. \r\n(2) Whenever the Trust discontinues the public use of, or permanently closes, \r\nany street vested in it , or any part thereof, it shall pay reasonable compensation to every \r\nperson who had an easement or right of way or light and air over, upon or from such street \r\nor part, and who by such discontinuance or closure has suffered special damage. \r\n(3) In determini ng the compensation payable to any person under sub -section \r\n(2), the Trust shall make allowance for any benefit accruing to him from the construction, \r\nprovision or improvement of any other street at or about the same time that the public street \r\nor part thereof, on account of which the compensation is paid, is discontinued or closed. \r\n2\r\n[\r\n3\r\n[49. Powers under the Punjab Local Government Act, 1975, vested in the Trust.– (1) \r\nThe provisions of Sections 56, 57, 58, 59, 62, 63, 64, 65, 77, 78, 79, 80, 81, 82, 83, 84, 85, \r\n86, 87, 91, 98, 99, 100, 101, 102, 105, 107, 112, 113, 114, 115, 116, 117, 214, 215, 216, \r\n217, 218, 219, 221, 222, 225, 226, 227, 228, 229 and 232 of the Punjab Local Government \r\nAct, 1975, shall mutatis mutandis and so far as may be consistent with the  tenor of this Act, \r\napply to all localities in respect of which a scheme under this Act is in force and for the \r\nperiod during which such scheme remains in force and all references in the said sections to \r\na municipal committee or to the Chairman of a munici pal committee or to any officer or \r\nservant of a municipal committee shall be construed as referring to the trust which in respect \r\nof any such localities may alone exercise and perform all or any of the powers and functions \r\nwhich under any of the said secti ons might have been exercised or performed by the \r\nmunicipal committee or by the chairman or any officer or servant of the municipal committee: \r\nProvided that the trust may delegate to the chairman or to any officer of the trust all \r\nor any of the powers conferred by this section.  \r\n(2) The Trust may make bye -laws for any locality outside the limits of the \r\nmunicipal committee comprised in a scheme under this Act– \r\n(a) generally for carrying out the purposes of this Act, and \r\n(b) in particular and without prejudic e to the generality of the aforesaid \r\npowers, regarding any of the matters referred to in the afore \r\nmentioned sections of the Punjab Local Government Act, 1975.]] \r\n4\r\n[\r\n1\r\n[50. Limitation of powers of Trust under section 49 .– (1) The Trust shall not take any \r\naction under sections 62, 63, 64 or 65 of the Punjab Local Government Act, 1975, without \r\nhaving previously consulted the municipal committee and obtained its consent: \r\n                                                           \r\n1Ibid. \r\n2Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg. 3(18)/62, dated 19 th May, 1962, published in the Gazette  of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 12. \r\n3Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 10. \r\n4Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan ( Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 13. \r\nProvided that if the municipal committee does not give consent, the matter in dispute \r\nshall b e referred to the Provincial Government or to such officer as the Provincial \r\nGovernment may appoint in that behalf, whose decision shall be final. \r\n(2) If the municipal committee deems it necessary that action should be taken \r\nwithin the trust area under sec tions 62, 63, 64, or 65 of the Punjab Local Government Act, \r\n1975, it shall make an application to the trust requesting that such action be taken and the \r\ntrust shall thereupon comply with the application, or give its reasons in writing for rejecting it:  \r\nProvided that if the application be rejected by the trust, the matter shall forthwith be \r\nreferred to the Provincial Government or to such officers as the Provincial Government may \r\nappoint in that behalf whose decision shall be final.]] \r\n51.  Power of the Trust to facilitate movement of population.– In order to facilitate the \r\nmovement of the population in and around any local area to which this Act is applied, the \r\nTrust 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 sums \r\nas it may deem fit, by way of interest on capital expended on the \r\nconstruction, maintenance or working of means of locomotion, or \r\n(ii) make such payments as it may deem fit from the said funds, by way of \r\nsubsidy to persons undertaking to provide, maintain and work any \r\nmeans of locomotion, or \r\n(b) either singly or in combination with any other persons construct, maintain and \r\nwork any means of locomotion, under the provisions of any law applicable \r\nthereto, or \r\n(c) construct or widen, strengthen or otherwise improve bridges: \r\nProvided that no guarantee or subsidy shall be made under clause (a) and no means \r\nof locomotion shall be constructed, maintained or worked under clause (b), without the \r\nprevious sanction of the \r\n2\r\n[Provincial Government]. \r\n52.  Power to make surveys or contribute towards their cost.– The Trust may– \r\n(a) cause a survey of any land to be made, whenever it considers that a survey is \r\nnecessary or expedient for carrying out any of the purposes of this Act, or \r\n(b) contribute towards the cost of any such survey made by any other local \r\nauthority. \r\n53.  Power of entry.– (1) The Chairman or any person authorised by him or by the Trust \r\nin writing may, with or without assistants or workmen, enter into or upon any land in order– \r\n(i) to make any inspection, survey, measurement, valuation or inquiry, \r\n(ii) to take levels, \r\n(iii) to dig or bore into sub-soil, \r\n(iv) to set out boundaries and intended lines of work, \r\n(v) to mark such levels, boundaries and lines by marks and cutting trenches, or \r\n                                                                                                                                                                                     \r\n1Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 11. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n(vi) to do any other thing, whenever it is necessary to do so for any of the \r\npurposes of this Act or any rule made or scheme sanctioned hereunder or \r\nany scheme which the Trust intends to frame hereunder: \r\nProvided as follows:– \r\n(a) Except when it is otherwise specially provided by a rule no such entry shall be \r\nmade between sunset and sunrise. \r\n(b) Except when it is otherwise specially provided by a rule no building which is \r\nused as a human dwelling shall be so entered unless with the consent of the \r\noccupier or if there be no occupier, the owner thereof, without giving the said \r\noccupier or owner, as the case may be, at least twenty -four hours’ previous \r\nnotice in writing of the intention to make such entry. \r\n(c) Even when any pre mises may otherwise be entered without notice, \r\nreasonable warning and facility to withdraw shall be given to any female not \r\nappearing in public according to the customs of the country. \r\n(d) Due regard shall always be paid so far as the exigencies of the occ asion \r\npermit to the social and religious usages of the occupants of the premises \r\nentered. \r\n(2) Whenever any person enters into or upon any land in pursuance of sub -\r\nsection (1), he shall at the time of such entry pay or tender payment for all necessary \r\ndamages to be done as aforesaid; and, in case of dispute as to the sufficiency of the amount \r\nso paid or tendered he shall at once refer the dispute to the Trust, whose decision shall be \r\nfinal. \r\n(3) It shall be lawful for any person authorised under sub -section (1) to make an \r\nentry for the purpose of inspection or search to open or cause to be opened a door, gate or \r\nother 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\n54.  Reference of disputes to Tribunal.– (1) If any question or dispute arises– \r\n(a) between the Trust and the previous owner of any street or part thereof which \r\nhas vested in the Trust under section 46 and has been altered or closed by it, \r\nas to the sufficiency of the compensation paid or proposed to be paid under \r\nsub-section (3) of that section, or \r\n(b) between the Trust and any person who was entitled as of right,  to use as a \r\nmeans of access any street or part thereof, which has vested in the Trust \r\nunder the said section– \r\n(i) as to whether the alteration or closing of such street or part causes special \r\ndamage or substantial inconvenience to owners of property adjac ent thereto \r\nor to residents in the neighbourhood, or \r\n(ii) as to whether the other means of access provided or proposed to be provided \r\nunder sub-section (4) of the said section are reasonably sufficient, or \r\n(iii) as to the sufficiency of any compensation pa id or proposed to be paid under \r\nthe said sub-section (4), or \r\n(c) between the Trust and any person as to the sufficiency of any compensation \r\npaid or proposed to be paid to him under sections 30, 31 or 102, the matter \r\nshall be determined by the Tribunal, her einafter defined, if referred to it either \r\nby the Trust or by the claimant within a period of three months from the date \r\non which the said person was informed of the decision of the Trust fixing the \r\namount of compensation to be paid to him or of the reject ion of his claim to \r\ncompensation by the Trust, and the determination of the Tribunal shall be \r\nfinal: \r\nProvided that the Tribunal shall not entertain the application of any claimant who has \r\nnot applied to the Trust for compensation within three months of the  date on which his claim \r\nto compensation accrued. \r\n(2) The provisions of sections 5, 6 and 12 of the Limitation Act shall be applicable \r\nin determining whether any claim shall be entertained. \r\n(3) If a reference to the Tribunal be not made within the period prescribed by sub-\r\nsection (1), the decision of the Trust shall be final. \r\n(4) For the purpose of determining any matter referred to it under sub-section (1), \r\nthe Tribunal shall have all the powers with regard to witnesses, documents and costs which \r\nit would have if the Land Acquisition Act, 1894, as modified by section 59 of this Act, were \r\napplicable to the case. \r\n55. Vesting in Committee of streets laid out or altered, and open spaces provided \r\nby the Trust under a scheme.– (1) Whenever the Municipal Committee is satisfied– \r\n(a) that any street laid out or altered by the Trust has been duly levelled, paved, \r\nmetalled, flagged, channelled, sewered and drained in the manner provided in \r\nthe plans sanctioned by the \r\n1\r\n[Provincial Government] under this Act, and  \r\n(b) that such lamps, lamp -posts, and other apparatus as the Municipal \r\nCommittee deem necessary for the lighting of such street and as ought to be \r\nprovided by the Trust have been so provided, and \r\n(c) that water and other sanitary conveniences ordinarily provided in a \r\nmunicipality have been duly provided in such street, the Municipal Committee \r\nafter obtaining the assent of the Trust, or failing such assent, the assent of the \r\n2\r\n[Provincial Government] under sub -section (3), shall by notice affixed in \r\nsome conspicuous  position in such street declare the street to be a public \r\nstreet; and the street shall thereupon vest in and shall thenceforth be \r\nmaintained, kept in repair, lighted and cleansed by the Municipal Committee.  \r\n(2) When any open space for purposes of ventila tion or recreation has been \r\nprovided by the Trust in executing any scheme under this Act, it shall, on completion, be \r\ntransferred to the Municipal Committee by resolution of the Trust and shall thereupon, vest in \r\nand shall thenceforth be maintained, kept i n repair, lighted and cleansed by the Municipal \r\nCommittee: \r\nProvided that the Municipal Committee may require the Trust, before any such open \r\nspace is so transferred, to enclose, level, turf, drain and lay out such space and provide \r\nfootpaths therein and, if necessary, to provide lamps and other apparatus for lighting it.  \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Ibid. \r\n(3) If any difference of opinion arises between the Trust and the Municipal \r\nCommittee in respect of any matter referred to in the foregoing provisions of this section, the \r\nmatter shall be referred to the \r\n1\r\n[Provincial Government], whose decision shall be final. \r\n2\r\n[CHAPTER V-A \r\nControlled Area \r\n55-A. Controlled area .– (1) The Provincial Government may on its own or on an \r\napplication made by the Trust, declare by notification in the official gaze tte, any area to be a \r\ncontrolled area: \r\nProvided that any locality within the limits of municipal committee shall not be \r\ndeclared a controlled area except after consultation with the municipal committee. \r\n(2) The trust may, in respect of a controlled area, e xercise such powers and do \r\nall such things as may be necessary for controlling haphazard development, land uses, \r\ngrowth of colonies, construction of buildings.  \r\n(3) Without prejudice to the generality of the provisions made in sub -section (2), \r\nthe provisions of sections 78, 79, 80, 81, 82, 83, 85, 86, 214, 215, 216, 217, 218, 219, 221, \r\n222, 225, 226, 227, 228, 229 and 232 of the Punjab Local Government Act, 1975 shall \r\nmutatis mutandis apply to a controlled area and all references in the said sections to a \r\nmunicipal committee or to the Chairman or any officer or servant of a municipal committee, \r\nshall be construed as referring to the Trust which, in respect of such controlled area, may \r\nalone exercise and perform all or any of the powers and functions which un der any of the \r\nsaid sections might have been exercised or performed by the municipal committee or by the \r\nChairman or any officer or servant of the municipal committee: \r\nProvided that the Trust may delegate to the Chairman or any officer of the Trust all or \r\nany of the powers conferred by this section.  \r\n(4) The Trust may make bye -laws for any locality outside the limits of the \r\nmunicipal committee comprised in a controlled area– \r\n(a) generally for carrying out the purposes of this Act; and  \r\n(b) in particular and  without prejudice to the generality of the aforesaid \r\npowers, regarding any of the matters referred to in the aforementioned \r\nsections of the Punjab Local Government Act, 1975. \r\n(5) The Provincial Government may, at any time when it may consider in respect \r\nof any controlled area that the purpose of sub -section (2) has been served or controlled by \r\nthe trust is otherwise not necessary or on application by the Trust, declare by notification in \r\nthe official gazette that such area shall no longer be a controlled area.] \r\nCHAPTER VI \r\nAcquisition, Tribunals and Application \r\nof Act to other Authorities \r\n56. Abandonment of acquisition in consideration of special payment .– (1) Wherever in \r\nany locality comprised in any scheme under this Act the \r\n1\r\n[Provincial Government] has \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 19 37, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 12. \r\nsanctioned the acquisition of land which is subsequently discovered to be unnecessary for \r\nthe execution of the scheme the owner of such land, or any person having an interest \r\ntherein, may make an application to the Trust requesting that the acquisition of su ch land be \r\nabandoned in consideration of the payment by him of a sum to be fixed by the Trust in that \r\nbehalf. \r\n(2) The Trust shall admit every such application if it– \r\n(a) reaches it before the time fixed by the Collector, under section 9 of the Land \r\nAcquisition Act, 1894, for making claims in reference to the land, and \r\n(b) is made by any person, who either owns the lands, is mortgagee thereof, or holds a \r\nlease thereof, with an unexpired period of seven years. \r\n(3) The Trust may admit any such application pres ented by any other person having an \r\ninterest in the land. \r\n(4) On the admission by the Trust of any such application, it shall forthwith inform the \r\nCollector, and the Collector shall thereupon stay for a period of three months all further \r\nproceedings for th e acquisition of the land, and the Trust shall proceed to fix the sum in \r\nconsideration of which the acquisition of the land may be abandoned. \r\n(5) Within the said period of three months, or, with the permission of the Trust at any \r\ntime before the Collector has taken possession of the land under section 16 of the Land \r\nAcquisition Act, 1894, the person from whom the Trust has agreed to accept the sum so \r\nfixed may, if the Trust is satisfied that the security offered by him is sufficient, execute an \r\nagreement with the Trust, either– \r\n(i) to pay the said sum three years after the date of the agreement, or \r\n(ii) to leave the said sum outstanding as a charge on his interest in the land, subject to \r\nthe payment of interest at a rate to be agreed upon by such person and the Trust \r\nuntil the said sum has been paid in full and to make the first annual payment of such \r\ninterest four years after the date of the agreement: \r\nProvided that the Trust may, at any time before the Collector has taken possession of \r\nthe land under sectio n 16 of the Land Acquisition Act, 1894, accept immediate payment of \r\nthe said sum instead of an agreement as aforesaid. \r\n(6) When any agreement has been executed in pursuance of sub -section (5) or when \r\nany payment has been accepted in pursuance of the proviso to that sub-section in respect of \r\nany land, proceedings for the acquisition of the land shall be deemed to be abandoned. \r\n(7) Every payment due from any person under any agreement executed under sub -\r\nsection (5) shall be a charge on the interest of that person. \r\n(8) If any instalment of interest payable under an agreement executed in pursuance of \r\nclause (ii) of sub -section (5) be not paid on the due date, the sum fixed by the Trust under \r\nsub-section (4) shall be payable on the date, in addition to the said instalment. \r\n(9) At any time after an agreement has been executed in pursuance of clause (ii) of sub -\r\nsection (5), any person may pay in full the charge created thereby, with interest, at the \r\nagreed rate, upto the date of such payment. \r\n(10) When an agreement in respect of any land has been executed by any person in \r\npursuance of sub -section (5), no suit with respect to such agreement shall be brought \r\nagainst the Trust by any other person (except an heir, executor or administrator of the \r\nperson first aforesaid) claiming to have an interest in the land. \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n(11) When an agreement in respect of any land has been executed by any person in \r\npursuance of sub -section (5), and any sum payable in pursuance of that sub -section is not \r\nduly paid, the same shall be recoverable by  the Trust (together with interest, up to the date \r\nof realization, at the agreed rate), from the said person or his successor in interest in such \r\nland in the manner provided by \r\n1\r\n[ \r\n2\r\n[section 142 of the Punjab Local Government Act, 1975]], \r\nand, if not so recovered the Chairman may, after giving public notice of his intention to do so \r\nand not less than one month after the publication of such notice, sell the interest of the said \r\nperson or successor in such land by public auction, and may deduct the said money and the \r\nexpenses of the sale from the proceeds of the sale, and shall pay the balance (if any) to the \r\ndefaulter. \r\n57. Agreement or payment under section 56 not a bar to acquisition under a fresh \r\ndeclaration.– If any land in respect of which an agreement has  been executed, or a \r\npayment has been accepted, in pursuance of sub-section (5), of section 56, be subsequently \r\nrequired for any of the purposes of this Act, the agreement or payment shall not be deemed \r\nto prevent the acquisition of the land in pursuance o f a fresh declaration published under \r\nsection 6 of the Land Acquisition Act, 1894. \r\n58. Tribunal to be constituted .– A Tribunal shall be constituted as provided in section 60, \r\nfor the purpose of performing the functions of the Court in reference to the acquisition of land \r\nfor the Trust, under the Land Acquisition Act, 1894. \r\n59. Modification of the Land Acquisition Act, 1894 .– For the purpose of acquiring land \r\nunder the Land Acquisition Act, 1894, for the Trust– \r\n(a) the Tribunal shall (except for the purposes of section 54 of the said Act) be deemed to \r\nbe the Court, and the President of the Tribunal shall be deemed to be the Judge, under \r\nthe said Act; \r\n(b) the said Act shall be subject to the further modifications indicated in the Schedule to \r\nthis Act; \r\n(c) the President of the Tribunal shall have power to summon and enforce the \r\nattendance of witnesses, and to compel the production of documents, by the same \r\nmeans and (so far as may be) in the same manner as is provided in the case of a \r\nCivil Court under the Code of Civil Procedure, 1908; and \r\n(d) the award of a Tribunal shall be deemed to be the award of the Court under the Land \r\nAcquisition Act, 1894, and shall be final. \r\n60. Constitution of Tribunal .– (1) The Tribunal shall consist of a President and two \r\nassessors. \r\n(2) The President of the Tribunal shall be either– \r\n(a) a member of the Judicial branch of the \r\n3\r\n[Civil Service of Pakistan or the] \r\n4\r\n[Provincial \r\nCivil Service] of not less than ten years’ standing in such service, who has for at least \r\nthree years served as District Judge or for at least five years held judicial office not \r\n                                                           \r\n1Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), d ated May 19, 1962, pp. \r\n2057-2063, s. 14. \r\n2Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 13. \r\n3Substituted for the words “Indian or” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide \r\nNotification No.825-Leg., dated 21 st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21,1 955, \r\npp. 87-108, s. 2 and Part-II of the First Schedule.  \r\n4Substituted for the words “Punjab Civil Service” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, \r\n1962 (XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan \r\n(Extraordinary), dated May 19, 1962, pp. 2057-2063, clause (i) of s. 15. \r\ninferior to that of a Senior \r\n1\r\n[Civil Judge] \r\n2\r\n[or Senior Subordinate Judge or First Class \r\nSubordinate Judge]; \r\n3\r\n[*]  \r\n(b) a barrister, advocate or pleader of not less than ten years’ standing who has practised \r\nas an advocate or pleader in the \r\n4\r\n[High Court of West Pakistan or a Court which has \r\nceased to exist by virtue of the provisions of Article 3 of the High Court of West \r\nPakistan (Establishment) Order, 1955] \r\n5\r\n[, or] \r\n6\r\n[(c) a retired member of the Judicial Branch of the Pakistan or Provincial Civil Service.]  \r\n(3) The President of the Tribunal and one of the assessors shall \r\n                                                           \r\n1Substituted for the words “Subordinate Judge” by the Punjab Adaptation of Provincial Laws Act, 1951 (II of 1952), published in \r\nthe Punjab Gazette (Extraordinary), dated January 19, 1952, pp. 31-32, s. 3. \r\n2Inserted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. \r\nLeg.3(18)/62, dated 19th May, 1962, published in the Gazette of West P akistan (Extraordinary), dated May 19, 1962, pp. 2057-\r\n2063, clause (i) of s. 15. \r\n3Omitted the word “or” by the Punjab Town Improvement (West Pakistan Amendment) Act, 1958 (XXIX of 1958), vide \r\nNotification No. Leg.1(29)/58, dated 24th April, 1958, Published in the Gazette of West Pakistan (Extraordinary), dated April 24, \r\n1958, pp. 681-682, sub-clause (i) of clause (a) of s. 2. \r\n4Substituted for the words “High Court of Judicature at Lahore” by the Punjab Town Improvement (West Pakistan Amendment) \r\nOrdinance, 1962 (XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West \r\nPakistan (Extraordinary), dated May 19, 1962, pp. 2057-2063, clause (ii) of s. 15. \r\n5Substituted for the full –stop and added by the Punjab Town I mprovement (West Pakistan Amendment) Act, 1958 (XXIX of \r\n1958), vide Notification No. Leg.1(29)/58, dated 24 th April, 1958, Published in the Gazette of West Pakistan (Extraordinary), \r\ndated April 24, 1958, pp. 681-682, sub-clause (ii) of clause (a) of s. 2. \r\n6Added by the Act ibid., sub-clause (iii) of clause (a) of s. 2. \r\nbe appointed by the \r\n1\r\n[Provincial Government] and the other assessor shall be appointed by \r\nthe Municipal Committee or, in default of appointment by the Municipal Committee within two \r\nmonths of their being required by the \r\n2\r\n[Provincial Government] to make such appointment, \r\nby the \r\n3\r\n[Provincial Government]: \r\nProvided that no person shall be eligible for appointment as a member of t he Tribunal if \r\nhe is a Trustee or would, if he were a Trustee, be liable to removal by the \r\n4\r\n[Provincial \r\nGovernment] under section 10. \r\n(4) The term of office of each member of the Tribunal shall be two years, but any \r\nmember shall, subject to the proviso to sub-section (3), be eligible for re -appointment at the \r\nend of that term \r\n5\r\n[: \r\nProvided that the Provincial Government may fix a shorter term of office.]  \r\n(5) The \r\n6\r\n[Provincial Government] may remove any member of the Tribunal who would if \r\nhe were a Trustee be liable to removal by the \r\n7\r\n[Provincial Government] under section 10. \r\n8\r\n[(5-A) If in the opinion of the Provincial Government the continued existence of the \r\nTribunal becomes unnecessary, or it is expedient that the Tribunal shall cease to exist, the \r\nProvincial Government may, by notification, declare that the Tribunal shall be dissolved from \r\nsuch date as may be specified in this behalf in such notification and from the date so \r\nspecified the Tribunal shall be deemed to be dissolved.] \r\n(6) When any person ceases for any reason to be member of the Tribunal, or when any \r\nmember is temporarily absent in consequence of illness or any unavoidable cause, the \r\nauthority which appointed him shall forthwith appoint a fit person to be a member in his place. \r\nWhere the authori ty so appointing was the Municipal Committee and the Municipal Committee \r\nfails to make a fresh appointment within two months of being required to do so by the \r\n9\r\n[Provincial \r\nGovernment], the appointment may be made by the \r\n10\r\n[Provincial Government].  \r\n61. Remuneration of members of Tribunal .– Each member of the Tribunal shall receive such \r\nremuneration, either by way of monthly salary or by way of fees, or partly in one of those ways \r\nand partly in the other, as the \r\n11\r\n[Provincial Government] may prescribe. \r\n62. Officers and servants of Tribunals .– (1) The President of the Tribunal shall, from time to \r\ntime, prepare a statement showing– \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), da ted April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5Substituted and added by the Punjab Town Improvement (West Pakistan Amendment) Act, 1958 (XXIX of 1958), vide \r\nNotification No. Leg.1(29)/58, dated 24th April, 1958, Published in the Gazette of West Pakistan (Extraordinary), dated April 24, \r\n1958, pp. 681-682, clause (b) of s. 2. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, pub lished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n7Ibid. \r\n8Inserted by the Punjab Town Improvement (West Pakistan Amendment) Act, 1958 (XXIX of 1958), vide Notification No. \r\nLeg.1(29)/58, dated 24th April, 1958, Published in the Gazette of West Pakistan (Extraordinary), dated April 24, 1958, pp. 681-\r\n682, clause (c) of s. 2.  \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dat ed 18th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n10Ibid. \r\n11Ibid. \r\n(a) the number and grades of the clerks and other officers and servants who in his opinion \r\nshould be maintained for carrying on the business of the Tribunal. \r\n(b) the amount of the salary to be paid to each such clerk, officer and servant. \r\n(2) All statements prepared under sub-section (1) shall be subject to the previous sanction of \r\nthe \r\n1\r\n[Provincial Government]. \r\n(3) Subject to any directions contained in any statement prepared under sub -section (1), \r\nand to rules made under section 73, the power of appointing, promoting and granting leave \r\nto clerks, officers and servants of the Tribunal, and the power of reducing, suspending or \r\ndismissing them, shall vest in the President of the Tribunal. \r\n63. Mode of payment.– The remuneration prescribed under section 61 for members of the \r\nTribunal and the salaries, leave allowances and acting allowances prescribed under this Act \r\nfor clerks, officers and servants of the Tribunal, shall be paid by the Trust to the President of \r\nthe Tribunal for distribution. \r\n64. Powers to make rules for Tribunal .– (1) The \r\n2\r\n[Provincial Government] may from \r\ntime to time make rules, not repugnant to the Code of Civil Procedure, 1908\r\n3\r\n, for the conduct \r\nof business by Tribunals established under this Act. \r\n(2) All such rules shall be published by notification. \r\n65. Award of Tribunal how to be determined .– (1) For the purpose of determining the \r\naward to be made by the Tribunal under the Land Acquisition Act, 1894– \r\n(a) if there is any disagreement as to the measurement of land, or to the amount \r\nof compensation or costs to be allowed, the opinion of the majority of the \r\nmembers of the Tribunal shall prevail; \r\n(b) notwithstanding anything cont ained in the foregoing clause, the decision on \r\nall questions of law and title and procedure shall rest solely with the President \r\nof the Tribunal, and such questions may be tried and decided by the \r\nPresident in the absence of assessors unless the President considers their \r\npresence necessary. \r\n(2) Every award of the Tribunal, and every order made by the Tribunal for the \r\npayment of money, shall be enforced by a Court of Small Cause, or if there be no such \r\nCourt, by the Senior \r\n4\r\n[Civil Judge] \r\n5\r\n[or Senior Subordinate Judge or First Class Subordinate \r\nJudge] within the local limits of whose jurisdiction it was made as if it were a decree of that \r\nCourt. \r\n66. Application of Act to acquisition by other local authorities .– (1) Whenever a \r\nMunicipal Committee or other local authority acquires land for the purposes of– \r\n(i) laying out new public streets in any  locality whether previously built upon or \r\nnot; or \r\n                                                           \r\n1Ibid. \r\n2Ibid. \r\n3V of 1908. \r\n4Substituted for the words “Sub -Judge” by the Punjab Laws (Adaptation, R evision and Repeal) Act, 1954 (XV of 1955), vide \r\nNotification No.825-Leg., dated 21 st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21,1955, \r\npp. 87-108, s. 2 and Part-II of the First Schedule.  \r\n5Inserted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. \r\nLeg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. 2057-\r\n2063, s. 16. \r\n(ii) constructing new buildings and laying out of compounds attached thereto, \r\nabutting on such new public streets in a ny locality, whether previously built \r\nupon or not; or \r\n(iii) reclaiming unhealthy or insanitary localities– \r\n(a) the modifications of the Land Acquisition Act contained in the Schedule of this \r\nAct shall, so far as they are applicable, apply to every such acquisition; \r\n(b) the \r\n1\r\n[Provincial Government] may constitute a Tribunal in accordance with section \r\n60 and the provisions of sections 57 to 66 and of section 73 so far as they relate \r\nto the Tribunal, shall thereupon apply to such acquisition. \r\n(2) If the \r\n2\r\n[Provincial Government] does not constitute a Tribunal in accordance \r\nwith clause (b) of sub -section (1), all references to the Tribunal in the Schedule shall be \r\nconstrued as referring to the Court. \r\n3\r\n[(3) Whenever the Provincial Government acquires land for the purposes of the \r\nsetting up of a satellite town, whether within or beyond the local limits of a municipal \r\ncommittee, or other local authority or Trust, or for any other purpose which in the opinion of \r\nthe Provincial Government is connected with the setting up of the satellite town concerned, \r\nthe provisions of subsections (1) and (2) shall, as far as possible, apply to such acquisition.  \r\nExplanation.– For the purposes of this subsection, a `satellite town’ means new town to be \r\nset up in the vicinity of one already existing and includes such town the construction of which \r\nhas been undertaken by a Co -operative House Building Society registered under \r\n4\r\n[any law \r\nrelating to Co -operative Societies for the time being in force in the Province or in any part \r\nthereof]. \r\n5\r\n[66-A. Exemption of land in a housing scheme from Chapter VI .– Nothing contained in \r\nthis Chapter shall apply to the acquisition of land for a housing scheme.] \r\nCHAPTER VII \r\nFinance \r\n67. Power of Trust to borrow money .– A Trust under this Act shall be deemed to be a \r\nlocal authority under the Local Authorities Loans  Act, 1914, for the purpose of borrowing \r\nmoney under that Act, and the making and execution of any scheme under this Act shall be \r\ndeemed to be a work which such local authority is legally authorised to carry out. \r\n68. Contribution by Municipal Committee .– (1) The Municipal Committee shall pay to \r\nthe Trust so long as the Trust is concerned with the improvement of a locality within the \r\nlimits of the Municipality an amount per annum equal to two per cent of the gross annual \r\nincome of such Committee. \r\n(2) In case of dispute as to what is the gross annual income of a Committee, the \r\nmatter shall be referred to the \r\n1\r\n[Provincial Government], whose decision shall be final. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n3Added by the Punjab Town Improvement (Amendment) Act, 1952 (II of 1953), vide Notification No.709 -Leg.,dated 16th January, 1953, \r\npublished in the  Punjab Gazette (Extraordinary), dated January 16, 1953, s. 2. \r\n4Substituted for the words “the Co -operative Societies Act, 191 2” by the Punjab Town Improvement (West Pakistan Amendment) \r\nOrdinance, 1962 (XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan \r\n(Extraordinary), dated May 19, 1962, pp. 2057-2063, s. 17. \r\n5Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27 th June, \r\n1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 14. \r\n69. Custody and investment of Trust fund s.– (1) In places where there is a \r\nGovernment treasury or sub-treasury, or a bank to which the Government treasury business \r\nhas been made over, all moneys at the credit of the Trust shall be kept in such treasury, sub-\r\ntreasury 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 such \r\nsecurity for the safe custody and repayment on demand of the sum so kept as the \r\n2\r\n[Provincial Government] may in each case deem sufficient. \r\n(3) Provided that nothing in the foregoing provisions of this section shall be \r\ndeemed to preclude a Trust from, with the previous sanction of the \r\n3\r\n[Provincial Government], \r\ninvesting any such moneys which are not required for immediate expenditure in any of the \r\nsecurities described in section 20 of the \r\n4\r\n[Trusts] Act, 1882, or placing them in fixed deposit \r\nwith a bank approved by the \r\n5\r\n[Provincial Government]. \r\n70. Procedure if the Trust fails to make any payment in respect of loans of the \r\nTrust.– If any money borrowed under section 67 or any interest or costs due in respect \r\nthereof is or are not repaid according to the conditions of the loan, the  \r\n6\r\n[Provincial \r\nGovernment] shall itself make such payment and may attach the rents and other inc ome of \r\nthe Trust; and thereupon the provisions of section 5 of the Local Authorities Loans Act, 1914, \r\nshall, with all necessary modifications, be deemed to apply. \r\n71. Procedure if Chairman of Board fails to make any payment due to Accountant -\r\nGeneral.– The \r\n7\r\n[Provincial Government] may further impose or increase a tax on the annual \r\nvalue of buildings or lands or of both described in \r\n8\r\n[item I of the Third Schedule to the \r\nMunicipal Administration Ordinance, 1960], to such extent as may be necessary for the \r\npurpose of recovering a payment made under section 70. \r\n72. Payment by Provincial Government to be a charge on the property of the \r\nTrust.– All moneys paid by the \r\n9\r\n[Provincial Government] shall constitute a charge upon the \r\nproperty of the Trust. \r\nCHAPTER VIII \r\nRules \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Ibid. \r\n3Ibid. \r\n4Substituted for the words “Indian Trust” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide \r\nNotification No.825-Leg, dated 21st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21,1955, pp. \r\n87-108, s. 2 and Part-II of the First Schedule.  \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n6Ibid. \r\n7Ibid. \r\n8Substituted for the words, figures and brackets “section 61 (B) (a) of the Municipal Act” by the Punjab Town Improvement \r\n(West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. 2057-2063, s. 18. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated  18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n73. Power of \r\n1\r\n[Provincial Government] to make rules .– (1) In addition to the power \r\nconferred by section 64, the \r\n2\r\n[Provincial Government] may make rules consistent with this \r\nAct and applicable to all Trusts or any Trust– \r\n(i) as to the authority on which money may be paid from the Trust funds; \r\n(ii) for fixing the fees payable for copies of or extracts from the municipal records \r\nfurnished to the Chairman under section 39; \r\n3\r\n[(iii) as to the employment, payment, suspension and removal of officers and \r\nservants of the trust, the conduct of such officers and servants, and the \r\nadmissibility and payment of pension to them;]  \r\n(iv) as to the intermediate office or offices (if any) which correspondence between \r\nthe Trust and the \r\n4\r\n[Provincial Government] or \r\n5\r\n[servants of the \r\n6\r\n[State]] shall \r\npass; \r\n(v) as to the accounts to be kept by the Trust, as to the manner in which such \r\naccounts shall be audited and published, and as to the powers of auditors in \r\nrespect of disallowance and surcharge; \r\n(vi) as to the authority by whom,  the conditions subject to which and the mode in \r\nwhich contracts may be entered into and executed on behalf of the Trust; \r\n(vii) as to the preparation of estimates of income and expenditure of the Trust and \r\nas to the authority by whom and the conditions sub ject to which such \r\nestimates may be sanctioned; \r\n(viii) as to the returns, statements, and reports to be submitted by Trusts; \r\n(ix) to prescribe and define the mutual relations to be observed between the Trust \r\nand other local authorities in any matter in which they are jointly interested; \r\n(x) for regulating the grant of leave of absence, leave allowances and acting \r\nallowances to the officers and servants of the Trust and of the Tribunal; \r\n(xi) for establishing and maintaining a provident or annuity fund, for c ompelling all \r\nor any of the officers in the service of the Trust or of the Tribunal (other than \r\nany \r\n7\r\n[servant of the  \r\n8\r\n[State]] in respect of whom a contribution is paid under \r\nsection 94) to contribute to such fund at such rates and subject to such \r\nconditions as may be prescribed by such rules and for supplementing such \r\ncontributions out of the funds of the Trust: \r\n                                                           \r\n1Ibid. \r\n2Ibid. \r\n3Substituted by the Town Improvement (Amendment) Act, 1968 (IV of 1968), vide Notification No. PAWP/ Leg.(129)/67/62, \r\ndated 15th July, 1968, published in the Gazette of West Pakistan (Extraordinary), dated July 15, 1968, pp. 2952-A – 2952-B, s. \r\n3. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1 937, dated 18th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n5Substituted for the words “officers of the Government” by the Order ibid., s. 3 and Schedule. \r\n6Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 19. \r\n7Substituted for the words “servant of the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\ndated 18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\n8Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 19. \r\nProvided that a \r\n1\r\n[servant of the \r\n2\r\n[State]] employed as officer or servant of the Tribunal \r\nshall not be entitled to leave or leave allowances other wise than as may be prescribed \r\n3\r\n[by \r\nthe conditions of his service under the \r\n4\r\n[State]]; \r\n(xii) for determining conditions under which the officers and servants of the Trust \r\nor of the Tribunal, or any of them, shall, on retirement, receive gratuities or \r\ncompassionate allowances; and the amount of such gratuitie s and \r\ncompassionate allowances: \r\nProvided that it shall be at the discretion of the Trust or of the Tribunal, as the case \r\nmay be, to determine whether all such officers and servants or any, and if so whi ch of them, \r\nshall become entitled on retirement to any such gratuities or compassionate allowances as \r\naforesaid;  \r\n(xiii) generally for the guidance of Trust and public officers in all matters connected \r\nwith the carrying out of the provisions of this Act;  \r\n(xiv) for regulating the grant of subsidies to Trusts by the \r\n5\r\n[Provincial Government], \r\nthe conditions under which they may be earned or forfeited and the \r\narrangements for their repayment. \r\n(2) All acts authorized or enjoined under this Act shall be held to be authorized or \r\nenjoined subject to such rules. \r\n74. Power of the Trust to make rules .– Every Trust may from time to time with the \r\nprevious sanction of the \r\n6\r\n[Provincial Government] make rules consistent with this Act and \r\nwith any rules made under this Act by the \r\n7\r\n[Provincial Government]– \r\n(i) for fixing the amount of security to be furnished by any officer and servant of \r\nthe Trust from whom it may be deemed expedient to require security; \r\n(ii) for associating members with the Trust under section 13; \r\n(iii) for appointing persons (other than Trustees and persons associated with the \r\nTrust under section 13) to be members of committee under section 14; \r\n(iv) for regulating the delegation of powers or duties of the Trust to the \r\ncommittees or to the Chairman; \r\n(v) for the guidance of persons employed by it under this Act; \r\n(vi) for fixing the fees payable for copies of documents delivered under sub -\r\nsection (3) of section 36 or under section 75; \r\n                                                           \r\n1Substituted for the words “Government servant” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated \r\n18th March, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\n2Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extra ordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 19. \r\n3Substituted for the words “in any general or special orders of the Government” by the Government of India (Adaptation of \r\nIndian Laws) Order, 1937, dated 18 th March, 1937, published in the Gazette of Ind ia (Extraordinary), dated April 1, 1937, pp. \r\n75-344, s. 3 and Schedule. \r\n4Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, pu blished in the Gazette of West Pakistan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 19. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Ga zette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n6Ibid. \r\n7Ibid. \r\n(vii) for the management, use and regulation of dwellings constructed under a ny \r\nscheme under this Act; \r\n(viii) generally for carrying out the purposes of this Act. \r\n75. Printing and sale of copies of rules.– (1) The Chairman shall cause all rules made \r\nunder section 73 or section 74 and for the time being in force to be printed and sh all cause \r\nprinted copies thereof to be delivered to any applicant on payment of such fees as may be \r\nfixed. \r\n(2) Notice of the fact of copies of rules being obtainable at the said price and of the place \r\nwhere and the person from whom the same are obtainable shall be given by the Chairman \r\nby advertisement in a newspaper or newspapers. \r\n76. Power of \r\n1\r\n[Provincial Government] to cancel rules made under section 74.– The \r\n2\r\n[Provincial Government] may, after previous publication of its intention, cancel any rule \r\nmade by the Trust which it has sanctioned, and thereupon the rule shall cease to have \r\neffect. \r\nCHAPTER IX \r\nProcedure and penalties \r\n77. Stamping signature on notices or bills .– (1) Every notice or bill issued under this \r\nAct shall be signed by the Chairman, or by a ny other Trustee or any officer or servant of the \r\nTrust specially or generally authorized by the Trust, or so authorized by the Chairman under \r\nsub-section (1) of section 20, and every notice or bill shall be deemed to be properly signed \r\nif it bears the fac simile of the signature of the Chairman or such Trustee, officer or servant \r\nstamped or printed thereon. \r\n(2) No notice issued by the Trust under this Act or any rule or bye -law made \r\nthereunder shall be invalid for defect of form. \r\n78. Method of giving public notice.– Subject to the provisions of this Act, every public \r\nnotice required under this Act shall be deemed to have been duly given if it is published in \r\nsome local newspaper (if any) and posted upon a notice board to be exhibited for public \r\ninformation at the building in which the meetings of the Trust are ordinarily held. \r\n79. Service of notice.– (1) Every notice other than a public notice, and every bill, issued \r\nunder this Act shall, unless it is under this Act otherwise expressly provided, be served or \r\npresented– \r\n(a) by giving or tendering the registered notice or bill, or sending it by registered \r\npost, to the person to whom it is addressed, or \r\n(b) if such person cannot be found, then by leaving the notice or bill at his last \r\nknown place of abode, if wit hin municipal limits, or by giving or tendering it to \r\nsome adult male member or servant of his family, ordinarily residing with him, \r\nor by causing it to be affixed on some conspicuous part of the buildings or land \r\n(if any) to which it relates. \r\n(2) When a n otice is required or permitted under this Act to be served upon an \r\nowner or occupier, as the case may be, of a building or land, it shall not be necessary to name \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Ibid. \r\nthe owner or occupier  therein, and the service thereof, in cases not otherwise specially \r\nprovided for in this Act, shall be effected either– \r\n(a) by giving or tendering the notice, or sending it by post, to the owner or occupier, \r\nor if there be more owners or occupiers than one, to any one of them, or \r\n(b) if such owner or occupier cannot be found, then by giving or tendering the \r\nnotice to an adult male member or servant of his family ordinarily residing with \r\nhim or by causing the notice to be affixed on some conspicuous part of the \r\nbuilding or land to which it relates. \r\n(3) Whenever the person on who m a notice or bill is to be served is a minor, \r\nservice upon his guardian or upon an adult male member or servant of his family ordinarily \r\nresiding with him shall be deemed to be service upon the minor. \r\n80. Disobedience to Act or to notice .– Where under thi s Act or a notice issued \r\nthereunder the public or any person is required to do or to refrain from doing anything, a \r\nperson who fails to comply with such requisition shall, if such failure is not an offence \r\npunishable under any other section, be liable on c onviction by a Magistrate to a fine not \r\nexceeding five hundred rupees for every such failure, and, in the case of a continuing breach, \r\nto a further fine which may extend to five rupees for every day after the date of the last \r\nconviction during which the offender is proved to have persisted in the breach: \r\nProvided that when the notice fixes a time within which a certain act is to be done, and \r\nno time is specified in this Act, it shall rest with the Magistrate to determine whether the time \r\nso fixed was a reasonable time within the meaning of this Act. \r\n81. Powers of Trust to execute works on failure to comply with notice .– If a notice \r\nhas been given under this Act to a person requiring him to execute a work in respect of any \r\nproperty, movable or immovable, publ ic or private, or to provide or do or refrain from doing \r\nanything within a time specified in the notice, and if such person fails to comply with such \r\nnotice, then the Trust may after giving six hours’ notice cause such work to be executed or \r\nsuch thing to be provided or done, and may recover all expenses incurred by it on such \r\naccount from the said person in the manner provided by \r\n1\r\n[\r\n2\r\n[section 142 of the Punjab Local \r\nGovernment Act, 1975]]. \r\n82. Liability of occupier to pay in default of owner .– (1) If the pe rson to whom the \r\nnotice mentioned in section 81 has been given is not the owner of the property in respect of \r\nwhich it is given, the Trust may (whether any action or other proceeding has been brought or \r\ntaken against such owner or not) require the person (if any) who occupies such property or a \r\npart thereof under such owner, to pay to the Trust instead of to the owner the rent payable by \r\nhim in respect of such property, as it falls due, up to the amount recoverable from the owner \r\nunder section 81; and any s uch payment made by the occupier to the Trust shall, in the \r\nabsence of any contract between the owner and the occupier to the contrary, be deemed to \r\nhave been made to the owner of the property. \r\n(2) For the purpose of deciding whether action should be taken under sub-section \r\n(1) the Trust may require an occupier of property to furnish information as to the sum payable \r\nby him as rent on account of such property and as to the name and address of the person to \r\nwhom it is payable; and if the occupier refuses to furnish such information he shall be liable for \r\nthe whole of the expenses as if he were the owner. \r\n                                                           \r\n1Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 14. \r\n2Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 15. \r\n(3) All money recoverable by the Trust under this section shall be recoverable in \r\nthe manner provided by \r\n1\r\n[\r\n2\r\n[section 142 of the Punjab Local Government Act, 1975]]. \r\n83. Right of occupier to execute works in default of owners .– Whenever default is \r\nmade by the owner of a building or land in the execution of a work required under this Act to \r\nbe executed by him the occupier of such building or land may, with the approval of the Trust, \r\ncause such work to be executed and the expense thereof shall, in the absence of any contract \r\nto the contrary, be paid to him by the owner, or the amount may be deducted out of the rent \r\nfrom time to time becoming due from him to such owner. \r\n84. Procedure upon opposition to execution by occupier .– (1) If, after receiving \r\ninformation of the intention of the owner of any building or land to take any action in respect \r\nthereof in compliance with a notice issued under this Act, the occupier r efuses to allow such \r\nowner to take such action, the owner may apply to a Magistrate. \r\n(2) The Magistrate upon proof of such refusal may by order in writing require the \r\noccupier to give the owner reasonable facility for executing such works, with respect to such \r\nbuilding or land, as may be necessary for compliance with the notice, and may also, if he \r\ndeems fit, order the occupiers to pay to the owner the costs relating to such application or \r\norder. \r\n(3) If, after the expiration of eight days from the date of the Magistrate’s order the \r\noccupier continues to refuse to allow the owner to execute such work, the occupier shall be \r\nliable upon conviction, to a fine which may extend to twenty -five rupees for every day during \r\nwhich he has so continued to refuse. \r\n(4) Every owner, during the continuance of such refusal, shall be discharged from \r\nany penalties to which he might otherwise have become liable by reason of his default in the \r\nexecution of such works. \r\n85. Recovery of cost of work by the occupier .– When the occupie r of a building or \r\nland has, in compliance with a notice issued under this Act, executed a work for which the \r\nowner of such building or land is responsible either in pursuance of the contract of tenancy \r\nor by law, he shall, in the absence of any contract to the contrary, be entitled to recover from \r\nthe owner by deduction from the rent payable by him or otherwise the reasonable cost of \r\nsuch work. \r\n3\r\n[86. Recovery of expenses of removal by Trust .– The expenses incurred by Trust in \r\neffecting any removal under se ction 86 of the Punjab Local Government Act, 1975, as \r\napplied by section 49 of this Act, or, in the event of a written notice under section 83 of the \r\nPunjab Local Government Act, 1975, not being complied with under section 81 of this Act, \r\nshall be recoverable by sale of the material removed, and if the proceeds of such sale do not \r\nsuffice, the balance shall be recoverable from the owner of the said material in the manner \r\nprovided by Section 142 of the Punjab Local Government Act, 1975.] \r\n87. Relief to agents  and trustees.– (1) When a person by reason of his receiving, or \r\nbeing entitled to receive, the rent of immovable property as trustee or agent of a person or \r\nsociety would, under this Act, be bound to discharge an obligation imposed by this Act on \r\n                                                           \r\n1Substituted by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide Notification \r\nNo. Leg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 14. \r\n2Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp.  900-B – 900-H, s. 16. \r\n3Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 17. \r\nthe owner of the property for the discharge of which money is required he shall not be bound \r\nto discharge the obligation unless he has, or but for his own improper act or default might \r\nhave had, in his hands funds belonging to the owner sufficient for the purpose. \r\n(2) When an agent or trustee has claimed and established his right to relief under \r\nthis section, the Trust may give him notice to apply to the discharge of such obligation as \r\naforesaid the first moneys which come to his hands on behalf or for the use of t he owner, \r\nand should he fails to comply with such notice, he shall be deemed to be personally liable to \r\ndischarge such obligation. \r\n1\r\n[88.  Application of Section 142 of the Punjab Local Government Act, 1975 .– \r\nWhenever in this Act or in any Section s of the P unjab Local Government Act, 1975 made \r\napplicable by Section 49 of this Act, it is provided that any sum shall be recoverable in the \r\nmanner provided by Section 142 of the Punjab Local Government Act, 1975, then in applying the \r\nprovisions of that section all  references to the Municipal Committee shall be construed as \r\nreferring to the Trust.] \r\n89.  Penalty for removing fence, etc., in street.– If any person, without lawful authority– \r\n(a) removes any fence, or any timber used for propping or supporting any build ing, \r\nwall or other thing, or extinguishes any light set up at any place where the surface \r\nof a street or other ground has been opened or broken up by the Trust for the \r\npurpose of carrying out any work, or \r\n(b) infringes any order given, or removes any bar, chain or post fixed by the Trust for \r\nthe purpose of closing any street to traffic, he shall be punishable with fine which \r\nmay extend to fifty rupees. \r\n90.  Power to prevent or demolish building in contravention of sections 30 and 31 .– If \r\nany person without the permission of the Trust erects, re-erects, adds to or alters any building so \r\nas to make the same project beyond a street, alignment or building line by the Trust or erects, re-\r\nerects, adds to or alters any building in contravention of section 30 or 31 the Chairman of the \r\nTrust may, by a written notice,– \r\n(a) direct that the building, alteration or addition be stopped and \r\n(b) require such building, alteration or addition to be altered or demolished as he may \r\ndeem necessary. \r\n91. Penalty for obstructing contractor or removing mark.– If any person– \r\n(a) obstructs, or molests any person with whom the Trust has entered into a contract \r\nin the performance or execution by such person of his duty or of anything which \r\nhe is empowered or required to do under this Act, or \r\n(b) removes any mark set up for the purpose of indicating any level or direction \r\nnecessary to the execution of works authorized under this Act, \r\nhe shall be punishable with fine which may extend to two hundred rupees or with imprisonment \r\nfor a term which may extend to two months. \r\nDisposal of Fines and Damages \r\n92. \r\n2\r\n[ * * * * * * * * *   ] \r\nCHAPTER X \r\n                                                           \r\n1Substituted by the Town Improvement (Punjab Amendment) Act, 1977, vide Notification No. PAP/Legis.2(14)/77/36, dated 27th \r\nJune, 1977, published in the Punjab Gazette (Extraordinary), dated June 27, 1977, pp. 900-B – 900-H, s. 18. \r\n2Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, 1937, published in the Gazette of India \r\n(Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\nSupplemental provisions \r\n93. Trustees, etc. deemed public servants .– Every trustee, and every officer and \r\nservant of the Trust, and every member and officer and  servant of the Tribunal shall be \r\ndeemed to be a public servant within the meaning of section 21 of the \r\n1\r\n[Pakistan] Penal \r\nCode. \r\n94. Contributions by Trust towards leave allowances and pensions of \r\n2\r\n[servants of \r\nthe \r\n3\r\n[State]].– The Trust, shall be liable to pay such contributions for the leave allowances \r\nand pension of any \r\n4\r\n[servant of the \r\n5\r\n[State]] employed as Chairman or as an officer or \r\nservant of the Trust, or as a member or officer or servant of the Tribunal, as may be \r\n6\r\n[required by the conditions of his  service under  the \r\n7\r\n[State] to be paid by him or on his \r\nbehalf]. \r\nLegal Proceedings \r\n95. Authority for prosecutions .– Unless otherwise expressly  provided, no court shall \r\ntake cognizance of any offence punishable under this Act, except on the complaint of or  \r\nupon information received from the Trust or some person authorized by the Trust by general \r\nor special order in this behalf. \r\n96. Powers of Chairman as to institution etc., of legal proceedings and obtaining \r\nlegal advice.– The Chairman may, subject to the control of the Trust– \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 deem it \r\nnecessary or expedient to obtain, or as he may be desired by the Trust to \r\nobtain, for any of the purposes referred to in the foregoing clause of this \r\nsection, or for securing the lawful exercise or discharge of any power o r duty \r\nvested in or imposed upon the Trust or any officer or servant of the Trust.  \r\n97. Indemnity to Trust, etc .– No suit shall be maintainable against the Trust, or any \r\nTrustee, or any officer or servant of the Trust, or any person acting under the direct ion of the \r\n                                                           \r\n1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide Notification \r\nNo.825-Leg., dated 21 st January, 1955, published in the Punjab Gazette (Extraordinary), dated January 21,1955, pp. 87-108, s. 2 and \r\nPart-II of the First Schedule.  \r\n2Substituted for the words “Government servants” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\n3Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide \r\nNotification No. Leg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 19. \r\n4Substituted for the words “Government servant” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 3 and Schedule. \r\n5Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of 1962), vide \r\nNotification No. Leg.3(18)/62, dated 19th May, 1962, published in the Gazette of West Pakistan (Extraordinary), dated May 19, 1962, pp. \r\n2057-2063, s. 19. \r\n6Substituted for the words “prescribed in any general or special orders of the Government” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, dated 18 th March, 1937, published in the Gazette of India (Extraordinary), dated April \r\n1, 1937, pp. 75-344, s. 3 and Schedule. \r\n7Substituted for the word “Crown” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 19. \r\nTrust or of the Chairman or of any officer or servant of the Trust in respect of anything \r\nlawfully and in good faith and with due care and attention done under this Act. \r\n98. Notice of suit against Trust, etc.– (1) No suit shall be instituted against the Trust or \r\nany Trustee, or any person associated with the Trust under section 13 or any member of a \r\ncommittee appointed under section 14 or any officer or servant of the Trust, or any person \r\nacting under the direction of the Trust or of the Chairman  or of any officer or servant of the \r\nTrust, in respect of an act purporting to be done under this Act, until the expiration of two \r\nmonths next after notice in writing has been, in the case of a Trust, left at its office, and in \r\nany other case delivered to or left at the office or place of abode of the person to be sued, \r\nexplicitly stating the cause of action, the nature of the relief sought, the amount of \r\ncompensation claimed and the name and place of abode of the intending plaintiff; and the \r\nplaint shall contain a statement that such notice has been so delivered or left. \r\n(2) If the Trust or other person referred to in sub -section (1) shall before the \r\naction is commenced have tendered sufficient amends to the plaintiff, the plaintiff shall not \r\nrecover any sum in excess of the amount so tendered and shall also pay all costs incurred \r\nby the defendant after such tender. \r\n(3) No action such as is described in sub -section (1) shall, unless it is an action \r\nfor the recovery of immovable property or for a declaration of the title thereto, be \r\ncommenced otherwise than within six months next after the accrual of the cause of action. \r\n(4) Provided that nothing in sub -section (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 by the \r\ngiving of the notice or the postponement of the commencement of the suit or proceedings. \r\nEvidence \r\n99. Mode of proof of Trust records .– A copy of any receipt, application, plan, notice, \r\norder, entry in a register, or othe r document in the possession of the Trust shall if duly \r\ncertified by the legal keeper thereof, or other person authorized by the Trust in this behalf be \r\nreceived as prima facie evidence of the existence of the entry or document and shall be \r\nadmitted as evidence of the matters and transactions therein recorded in every case where, \r\nand to the same extent, as the original entry or document would, if produced, have been \r\nadmissible to prove such matters. \r\n100. Restriction on the summoning of Trust servants to pro duce documents.– No \r\nTrustee or officer or servant of the Trust shall in any legal proceeding to which the Trust is \r\nnot a party be required to produce any register or document the contents of which can be \r\nproved under the preceding section by a certified co py, or to appear as a witness to prove \r\nthe matters and transactions recorded therein unless by order of the Court made for special \r\ncause. \r\nValidation \r\n101. Validation of acts and proceedings .– (1) No act done or proceeding taken under \r\nthis 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 Trust \r\nor any committee, or \r\n(b) any person having ceased to be a Trustee, or \r\n(c) any Trustee or any person associated with the Trust under section 13 or any \r\nother member of a committee appointed under this Act, having voted or taken \r\nany  part in any proceeding in contravention of section 16, or \r\n(d) the failure to serve a notice on any person, where no substantial injustice has \r\nresulted from such failure, or \r\n(e) any omission, defect or irregularity not affecting the merits of the case. \r\n(2) Every meeting of the Trust, the minutes of the proceedings of which have \r\nbeen duly signed as prescribed in clause (e), sub-section (1), of section 12, shall be taken to \r\nhave been duly convened and to be free from all defects and irregularities. \r\nCompensation \r\n102. General power of Trust to pay compensation .– In any case not otherwise expressly \r\nprovided for in this Act, the Trust may pay reasonable compensation to any pe rson who sustains \r\ndamage by reason of the exercise of any of the powers vested under this Act in the Trust or the \r\nChairman or any officer or servant of the Trust. \r\nDissolution of Trust \r\n103. Ultimate dissolution of Trust, and transfer of its assets and liabi lities to the \r\ncommittee.– (1) When all schemes sanctioned under this Act have been executed or have \r\nbeen so far executed as to render the continued existence of the Trust, in the opinion of the \r\n1\r\n[Provincial Government], unnecessary, or when in the opinion of the \r\n2\r\n[Provincial \r\nGovernment] it is expedient that the Trust shall cease to exist, the \r\n3\r\n[Provincial Government] \r\nmay by notification declare that the Trust shall be dissolved from such date as may be \r\nspecified in this behalf in such notification; and the Trust shall be deemed to be dissolved \r\naccordingly. \r\n(2) From the said date– \r\n(a) all properties, funds and dues which are vested in or realisable by the Trust \r\nand the Chairman respectively shall vest in and be realisable by the Municipal Committees; \r\nand \r\n(b) all liabilities which are enforceable against the Trust shall be enforceable only \r\nagainst the Municipal Committee; and \r\n(c) for the purpose of completing the execution of any scheme, sanctioned under \r\nthis Act which has not been fully executed by the Trust, and of realizing \r\nproperties, funds and dues referred to in clause (a) the functions of the Trust \r\nand the Chairman under this Act shall be discharged by the Municipal \r\nCommittee and the President of the Municipal Committee respectively; and \r\n(d) the Municipal  Committee shall keep separate accounts of all moneys \r\nrespectively received and expended by it under this Act, until all loans raised \r\nhereunder have been repaid, and until all other liabilities referred to in clause \r\n(b) have been duly met. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated 18 th \r\nMarch, 1937, pub lished in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General \r\nAdaptations. \r\n2Ibid. \r\n3Ibid. \r\nTHE SCHEDULE \r\n(Referred to in section 59) \r\nFurther modifications in the Land Acquisition Act, 1894, hereinafter called “the said Act”. \r\n1. Amendment of section 3.– After clause (e) of section 3 of the said Act the following \r\nshall be deemed to be inserted, namely:– \r\n“(ee) the expression, “local authority” includes a Trust constituted under the \r\n1\r\n[*] \r\nTown Improvement Act, 1922.” \r\n2. Notification under section 4 and declaration under section 6 to be replaced by \r\nnotifications under sections 36 and 42 of this Act.– (1) The first publication of a notice of \r\nany improvement scheme, under section 36 of this Act shall be substituted for and have the \r\nsame effect as publication in the \r\n2\r\n[Official Gazette] and in the locality of a notification under \r\nsub-section (1) of section 4 of the said Ac t, except where a declaration under section 4 or  \r\nsection 6 of the said Act has previously been made and is still in force. \r\n (2) Subject to the provisions of clauses 10 and 11 of this Schedule, the issue of a \r\nnotice under sub -section (1) of section 32 in t he case of land acquired under that sub -\r\nsection, and in any other case the publication of a notification under section 42 shall be \r\nsubstituted for and have the same effect as a declaration by the \r\n3\r\n[Provincial Government] \r\nunder section 6 of the said Act, un less a declaration under the last mentioned section has \r\npreviously been made and is still in force. \r\n3.  Amendment of section 11 .– The full stop at the end of clause 11 of the said Act \r\nshall be deemed to be changed to a semi -colon, and the following shall b e deemed to be \r\nadded, namely:– \r\n“and \r\n(iv) the costs which, in his opinion, should be allowed to any person who is found \r\nto be entitled to compensation, and who is not entitled to receive the additional sum \r\nof fifteen per centum mentioned in sub -section (2) of section 23, as having been \r\nactually and reasonably incurred by such person in preparing his claim and putting \r\nhis case before the Collector. \r\nThe Collector may disallow, wholly or in part, costs incurred by any person if he \r\nconsiders that the claim made by such person for compensation is extravagant.” \r\n4.  Amendment of section 15 .– In section 15 of the said Act, for the word and figures \r\n“and 24” the figures, word and letter “24 and 24 -A” preceded by a comma, shall be deemed \r\nto be substituted. \r\n5.  Amendment of section 17.– (1) In sub-section (3) of section 17 of the said Act, after \r\nthe figures “24” the words, figures and letter “or section 24 -A” shall be deemed to be \r\ninserted. \r\n(2) To the said section 17 the following shall be deemed to be added, namely:– \r\n“(4) Sub-sections (1) and (3) shall apply also to any area certified to be unhealthy \r\nby any Magistrate of the first class. \r\n                                                           \r\n1Substituted for the word “Punjab” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 21. \r\n2Substituted for the words “Gazette” by the Government of India (Adaptation of Indian Laws) Or der, 1937, dated 18 th March, \r\n1937, published in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, s. 4 and Table of General Adaptations. \r\n3Substituted for the words “Local Government” by the Order ibid. \r\n(5) Before granting any such certificate, the Magistrate shall cause notice to be \r\nserved as promptly as may be on the persons referred to in sub-section (3) of section 9, and \r\nshall hear without any avoidable delay any objections which may be urged by them. \r\n(6) When proceedings have been taken under this section for the acquisition of \r\nany land, and any person sustains damage in consequence of being suddenly dispossessed \r\nof such land, compensation shall be paid to such person for such dispossession.” \r\n6. After section 17 of the said Act, the following shall be deemed to be inserted, \r\nnamely:– \r\n“17-A. Transfer of land to Trust.– In every case referred to in section 16 or section 17, \r\nthe Collector shall, upon payment of the cost of acquisition, make over charge of the \r\nland to the Trust; and the land shall thereupon vest in the Trust, subject to the liability of \r\nthe Trust to pay any further costs which may be incurred on account of its acquisition.” \r\n7. Amendment of section 18.– The full stop at the end of sub-section (1) of section 18 \r\nof the said Act shall be deemed to be changed to a comma, and the words “or the amount of \r\nthe costs allowed” shall be deemed to be added. \r\n8. Amendment of section 19 .– After the words “amount of compensation,” in clause \r\n(c) of section 19 of the said Act, the words “and of costs (if any)” shall be deemed to be \r\ninserted. \r\n9. Amendment of section 20 .– After the words “amount of the compensation,” in \r\nclause (e) of section 20 of said Act, the words “or costs” shall be deemed to be inserted. \r\n10. Amendment of section 23 .– (1) In clause first and clause sixthly  of sub-section (1) \r\nof section 23 of the said Act, for the words “public ation of the declaration relating thereto \r\nunder section 6” and the words “publication of the declaration under section 6” shall be \r\ndeemed to be substituted– \r\n(a) if the land is being acquired under sub-section (3) of section 32 of this Act the \r\nwords “issue of the notice under sub-section (3) of section 32 of the \r\n1\r\n[*] Town \r\nImprovement Act, 1922,” and \r\n(b) in any other case, the words “first publication of the notification under section \r\n36 of the \r\n2\r\n[*] Town Improvement Act, 1922.” \r\n(2) The full stop at the end of sub-section (2) of section 23 of the said Act shall be \r\ndeemed to be changed to a colon and the following proviso shall be deemed to be added:– \r\n“Provided that this sub -section shall not apply to any land acquired under the \r\n3\r\n[*] \r\nTown Improvement Act, 1922.” \r\n(3) At the end of section 23 of the said Act, the following shall be deemed to be \r\nadded, namely:– \r\n“(3) For the purposes of clause first of sub-section (1) of this section– \r\n(a) the market-value of the land shall be the market-value according to the use to \r\nwhich the land was put at the date with reference to which the market-value is \r\nto be determined under that clause; \r\n                                                           \r\n1Substituted for the word “Punjab ” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary), \r\ndated May 19, 1962, pp. 2057-2063, s. 21. \r\n2Ibid. \r\n3Ibid. \r\n(b) if it be shown that before such date, the owner of the land had in good faith \r\ntaken active steps and incurred expenditure to secure a mor e profitable use \r\nof the same, further compensation based on his actual loss may be paid to \r\nhim; \r\n(c) if any person without the permission of the Trust required by sub -section (1) \r\nof section 31 of the \r\n1\r\n[*] Town Improvement Act, 1922, has erected, re-erected, \r\nadded to or altered any building or wall so as to make the same project \r\nbeyond a street alignment or building line duly prescribed by the Trust then \r\nany increase in the market -value resulting from such erection, re -erection, \r\naddition or alteration shall be disregarded; \r\n(d) if the market-value has been increased by means of any improvement made \r\nby the owner or his predecessor -in-interest within two years before the \r\naforesaid date, such increase shall be disregarded unless it be proved that \r\nthe improvement so made was made in good faith and not in contemplation of \r\nproceedings for the acquisition of the land being taken under the \r\n2\r\n[*] Town \r\nImprovement Act, 1922; \r\n(e) if the market-value is specially high in consequence of the land being put to a \r\nuse which is un lawful or contrary to public policy, that use shall be \r\ndisregarded, and the market-value shall be deemed to be the market-value of \r\nthe land if put to ordinary use; and \r\n(f) when the owner of the land or building has after the passing of the \r\n3\r\n[*] Town \r\nImprovement Act, 1922, and within two years preceding the date with \r\nreference to which the market-value is to be determined, made a return under \r\nany enactment in force of the rent of the land or building, the rent of the land \r\nor building shall not in any case be deemed to be greater than the rent shown \r\nin the latest return so made, save as the Court may otherwise direct and the \r\nmarket-value may be determined on the basis of such rent: \r\nProvided that where any addition to, or improvement of, the land or building \r\nhas been made after the date of such latest return and previous to the date \r\nwith reference to which the market -value is to be determined the Court may \r\ntake into consideration any increase in the letting -value of the land due to \r\nsuch addition or improvement.” \r\n11.  Amendment of section 24.– For clause seventhly of section 24 of the said Act, the \r\nfollowing shall be deemed to be substituted, namely:– \r\n“Seventhly, any outlay on additions or improvements to land acquired, \r\nwhich was incurred after the date with refer ence to which the market -value \r\nis to be determined, unless such additions or improvements were necessary \r\nfor the maintenance of any building in a proper state of repair.” \r\n12.  After section 24 of the said Act, the following shall be deemed to be inserted, \r\nnamely:– \r\n “24-A. Further provision for determining compensation .– In determining the \r\namount of compensation to be awarded for any land acquired for the Trust under this \r\nAct, the Tribunal shall also have regard to the following provisions, namely:– \r\n                                                           \r\n1Ibid. \r\n2Substituted for the word “Punjab” by the Punjab Town Improvement (West Pakistan Amendment) Ordinance, 1962 (XVIII of \r\n1962), vide Notification No. Leg.3(18)/62, dated 19 th May, 1962, published in the Gazette of West Pakistan (Extraordinary) , \r\ndated May 19, 1962, pp. 2057-2063, s. 21. \r\n3Ibid. \r\n(a) When any interest in any land acquired under this Act, has been acquired \r\nafter the date with reference to which the market -value is to be determined, \r\nno separate estimate, of the value of such interest shall be made so as to \r\nincrease the amount of compensation to be paid for such land. \r\n(b) If, in the opinion of the Tribunal, any building is in a defective state, from a \r\nsanitary point of view, or is not in a reasonably good state of repair, the \r\namount of compensation for such building shall not exceed the sum which the \r\nTribunal considers the building would be worth if it were put into a sanitary \r\ncondition or into a reasonably good state of repair, as the case may be, minus \r\nthe estimated cost of putting it into such condition or state. \r\n(c) If, in the opinion of the Tribunal any building which is used or is intended or is \r\nlikely to be used for human habitation, is not reasonably capable of being \r\nmade fit for human habitation, the amount of compensation for such building \r\nshall not exceed the value of the materials of  the building, minus the cost of \r\ndemolishing the building.” \r\n13. Amendment of section 31 .– (1) After the words “the compensation” in sub -section \r\n(1) of section 31 of the said Act, and after the words “the amount of compensation” in sub -\r\nsection (2) of that section, the words “and cost (if any)” shall be deemed to be inserted. \r\n (2) After the words “any compensation” in the concluding proviso to sub -section \r\n(2) of section 31 of the said Act, the words “or cost” shall be deemed to be inserted. \r\n14.  After section 48 of the said Act, the following shall b e deemed to be inserted \r\nnamely:– \r\n“48-A. Compensation to be awarded when land not acquired within one year .– \r\n(1) If within a period of one year, from the date of the publication of the declaration \r\nunder section 6 in  respect of any land, the Collector has not made an award under \r\nsection 11 with respect to such land, the owner of the land shall, unless he has been \r\nto a material extent responsible for the delay, be entitled to receive compensation for \r\nthe damage suffered by him in consequence of the delay. \r\n(2) The provisions of Part III of this Act shall apply, so far as may be, to the \r\ndetermination of the compensation payable under this section.” \r\n15.  Amendment of section 49 .– After sub-section (1) of section 49 of the said Act, the \r\nfollowing shall be deemed to be inserted, namely:– \r\n“Explanation.– For the purposes of this sub -section land which is held with and \r\nattached to a house and is reasonably required for the enjoyment and use of the house \r\nshall be deemed to be part of the house.”",
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