THAL DEVELOPMENT ACT, 1949

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: fe2f5dda230b26370abdafc3c4229a358764071cf0c5d62a8071a8e79970fb20.

THE THAL DEVELOPMENT ACT, 1949 
(XV of 1949) 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1. Title, extent and commencement. 
2. Definitions. 
CHAPTER II 
CONSTITUTION OF THE AUTHORITY 
3. Creation and incorporation of the Authority. 
4. Constitution of the Authority. 
5. Term of office of Member. 
6. Commencement of term of office, re-appointment and resignation. 
7. [Omitted] 
8. Remuneration of Chairman and members. 
9. Removal of members. 
10. Disabilities of Members removed under section 9. 
11. Meetings of the Authority. 
12. Temporary association of members with the Authority for particular 
purposes. 
13. Constitution and functions of committees. 
14. Meetings of committees. 
15. Members and associated persons of the Authority or committee not to 
take part in proceedings in which they are personally interested. 
16. Power of the Authority to fix number and salaries of permanent servants 
and appointments of temporary servants in cases of emergency. 
17. Power of appointment, etc. 
18. Control by Chairman. 
19. Delegation of certain powers of Chairman’s functions. 
20. Supply of information and documents to the Government. 
20-A. Powers of the Provincial Government to issue directions. 
CHAPTER IV 
SCHEMES AND PROCEDURE TO BE FOLLOWED 
IN FRAMING THEM 
21. Scheme for development. 
22. Preparation, publication and transmission of notice as to schemes, and 
supply of documents to applicants. 
23. Notice of proposed acquisition of land. 
24. Abandonment of scheme, or application to Provincial Governm ent to 
sanction it. 
25. Power to sanction, reject or return scheme. 
26. Notification of sanction of scheme. 
27. Alteration of scheme after sanction. 
28. Inclusion of different localities in combined schemes. 
29. Passing over of works and services to local bodies. 
CHAPTER V 
POWERS AND DUTIES OF THE AUTHORITY 
30. Powers and duties of the Authority. 
31. [Omitted] 
32. Power of the Authority for facilitating the movement of population. 
33. Power to make surveys or contribute towards their cost. 
34. Power of entry. 
CHAPTER VI 
ACQUISITION, ABANDONMENT OF ACQUISITION 
AND LEVY OF DEVELOPMENT FEE 
35. Modification of Act I of 1894. 
36. Acquisition of land in urgent cases. 
37. Tribunals. 
38. Appeals. 
39. Abandonment of acquisition. 
39-A. Time limit for payment of compensation. 
40. Development Fee. 
41. [Deleted] 
CHAPTER VII 
FINANCE 
42. Authority Fund. 
42-A. The Budget. 
43. Power to levy taxes. 
44. Grants-in-aid. 
45. Power of the Authority to borrow money. 
46. Custody and investment of Authority Funds. 
47. Procedure if the Authority fails to make any payment in respect of loa ns 
of the Authority. 
48. Procedure if the Authority fails to make any payment due to Provincial 
Government. 
49. Payment by Provincial Government to be a charge on the property of the 
Authority. 
CHAPTER VII-A  
AUDIT AND ACCOUNTS 
49-A. Maintenance of accounts and their audit. 
49-B. Submission of annual report to Government. 
49-C. Submission of Accounts an d Annual Report, etc. to the Provincial 
Assembly. 
CHAPTER VIII 
RULES AND BYE-LAWS 
50. Power of Provincial Government to make rules. 
51. Power of the Authority to make Bye-laws. 
52. Printing and sales of copies of Bye-laws. 
53. Power of Provincial Government to cancel bye-laws made under section 
51. 
CHAPTER IX 
PROCEDURE AND PENALTIES 
54. Stamping signature on notices or bills. 
55. Method of giving public notice. 
56. Service of notice. 
57. Disobedience to Act or to notice. 
58. Powers of the Authority  to execute works on failure to comply with 
notice. 
59. Liability of occupier to pay in default of owner. 
60. Right of occupier to execute works in default of owner. 
61. Procedure upon opposition to execution by occupier. 
62. Recovery of cost of work by the occupier. 
63. Relief to agents and trustees. 
64. Penalty for removing fence, etc. 
65. Penalty for obstructing contractor or removing mark. 
66. Power of Authority in case of squatters and trespasses. 
67. Penalty for unauthorized cultivation etc. 
68. Additional powers of the Chairman of the Authority in regard to 
offences. 
CHAPTER X 
SUPPLEMENTAL PROVISIONS 
69. Members, etc., deemed public servants. 
CONTRIBUTIONS BY THE AUTHORITY TOWARDS LEAVE, 
ALLOWANCES AND PENSIONS OF GOVERNMENT SERVANTS 
70. Contributions by the Authority towards leave, allowances and pensions 
of Government servants. 
LEGAL PROCEEDINGS 
71. Authority for prosecution. 
72. Recovery of dues. 
73. Powers of Chairman as to institution, etc., of legal proceedings and 
obtaining legal advice. 
74. Indemnity to the Authority. 
74-A. Bar of Jurisdiction of Civil Courts. 
75. Notice of suit against the Authority, etc. 
EVIDENCE 
76. Mode of proof of the Authority records. 
77. Restriction on the summoning of the Authority servants to produce  
documents. 
VALIDATION 
78. Validation of acts and proceedings. 
COMPENSATION 
79. General power of the Authority to pay compensation. 
80. Compensation for damage to Authority’s property. 
DISSOLUTION OF THE AUTHORITY 
81. Ultimate dissolution of the Author ity and transfer of its assets and 
liabilities to an Administrator. 
82. Cessation of certain provisions of the Ordinance. 
DELEGATION OF POWERS, DUTIES AND FUNCTIONS BY THE PROVINCIAL 
GOVERNMENT 
83. Delegation of powers, duties and functions by the Provin cial 
Government. 
----------------- 
SCHEDULE 
(Referred to in section 35) 
1. Amendment of section 3. 
2. Notification under section 4 and declaration under sectio n 6 to be 
replaced by notification under sections 22 and 26 of this Act. 
2-A. Amendment of section 9. 
3. Amendment of section 11. 
4. Amendment of section 15. 
5. Amendment of section 17. 
6. Insertion of section 17-A. 
6-A. Insertion of section 17-B. 
7. Amendment of section 18. 
8. Amendment of section 19. 
9. Amendment of section 20. 
10. Amendment of section 23. 
11. Amendment of section 24. 
12. New section 24-A. 
13. Amendment of section 25. 
14. Amendment of section 31. 
15. New section 48-A. 
16. Amendment of section 49. 
17. Amendment of section 50. 
18. Deletion of section 54. 
 
 
 
 
TEXT 
1
THE THAL DEVELOPMENT ACT, 1949 
(XV of 1949) 
[29th July, 1949] 
An 
Act 
to provide for the speedy development of the area brought under irrigation by the 
execution of the Thal Project, and for the re-settlement thereon of refugees and 
others and for the levy of Development Fee. 
Preamble.– WHEREAS the Governor of  
2
[the Punjab] has, in pursuance of a 
proclamation issued by the Governor -General of Pakistan under section 92 -A of the 
Government of India Act, 1935, assume d, on behalf of the Governor -General, all 
powers vested in or exercisable by the Provincial Legislature under the said Act; 
 NOW, THEREFORE, in exercise of the powers so assumed the Governor is 
hereby pleased to enact as follows:– 
CHAPTER I 
PRELIMINARY 
1. Title, extent and commencement .– (1) This Act may be called t he Thal 
Development Act, 1949. 
 
3
[(2) It extends to the districts of Mianwali, Bha kkar, Muzaffargarh, Layyah 
and Khushab; provided that the Provincial Government may by notification extend all 
or any of the provisions of this Act to any other part of the Province of the Punjab.] 
 (3) It shall come into force at once. 
2. Definitions.– In this Act unless there is anything repu gnant to the subject or 
context:– 
 “Collector” has the same meaning as in clause (c) of section 3 of the Land 
Acquisition Act, 1894
4
; 
 “Development Fee” shall mean a fee imposed under section 40 of this Act; 
 “Holding” means a share or portion of an estate held by one landowner or by 
two or more landowners jointly; 
 “Improvement” when made by a tenant means such improvement as the 
tenant is permitted to make under the conditions applicable to his tenancy; 
 
1This Act was promulgated and assented to by the Governor of the Punja b on July 28, 1949, published in the Punjab Gazette, 
(Extraordinary), dated July 29, 1949, pp. 127-152. 
2Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), pu blished in the 
Punjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2. 
3Substituted by t he Thal Development (Amendment ) Ordinance, 2002 (LXXXII of 2002), (w.e.f. 1.7.1982), published in the 
Punjab Gazette (Extraordinary), dated December 13, 2002, pp. 3261-3262, s. 2, which was prote cted and continued in force 
under the Provincial Constitution  Order, 1999 (Chief Executive ’s Order N o. 1 of 1999) as amended by the Provisional 
Constitution (Amendment) Order, 1999 (Chief Executive's Order No. 9 of  1999) and Article 270AA of the Constituti on as 
substituted by the Constitution (Eighteenth Amendment) Act 2010. 
4I of 1894. 
 “Land” inclu des land as defined in clause (a) of section 3 of the Land 
Acquisition Act, 1894
1
; 
 “Local Area” means an area to which this Act has been extended; 
 “Local Authority” has the  same meaning as in section 2 of the Local 
Authorities Loans Act, 1914
2
; 
 “Member” means member of the Thal Development Authority appointed under 
section 4 of this Act; 
 “Notification” means a notification published in the 
3
[the Punjab] Gazette; 
 “Prescribed” means prescribed by rules made by Provincial Government 
under this Act; 
 “Rent” includes rent as defined in section 4(3) of the Punjab Tenancy Act, 
1887
4
; 
 “Scheme” means a scheme framed under section 21 of this Act; 
 “Tenant” includes the predecessors and successors-in-interest of a tenant; 
 “Tribunal” means a Tribunal constituted under section 37 of this Act; 
the expressions “tree”, “timber” and “cattle” have the meanings respectively 
assigned thereto in the 
5
[*] Forest Act, 1927
6
. 
CHAPTER II 
CONSTITUTION OF THE AUTHORITY 
3. Creation and incorporation of the Authority .– The duty of  carrying out the 
provisions of this Act in any local area shall, subject to the conditions and limitations 
hereinafter contained, be vested in a Board to be called “The Thal  Development 
Authority”, hereinafter referred to as “The Authority” and the Board shall be a body 
corporate, and shall have perpetual succession and a common seal, and shall by the 
said name sue and be sued. 
4. Constitution of the Authority .– (1) The Autho rity shall consist of not more 
than seven members appointed by the Provincial Government by notification 
7
[:] 
 
8
[Provided that one of the Members shall be a person who, in the opinion of 
the Provincial Government, is qualified to hold charge of the finances of the Authority 
and he shall be appointed after previous consultation with the Chairman.  
 
1I of 1894.  
2IX of 1914.  
3Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 195 0), published in the 
Punjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2. 
4XVI of 1887.  
5Omitted the word “Indian”  by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the 
Punjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. 
6XVI of 1927.  
7Replaced the full -stop by the Thal Devel opment (Amendment) Act, 1955 ( XX of 1955), published in the Punjab Gazette 
(Extraordinary), dated April 25, 1955, pp. 301-311, s. 2(1). 
8Added by the Act ibid.  
 Provided further that no person shall be appointed a Member of the Authority, 
who would, if he were a Member, be liable to removal under section 9.] 
 (2) One of th e Members shall be appointed by the Provincial Government 
as Chairman. 
 
1
[(3) The Authority or the Chairman may and if directed by the Provincial 
Government shall delegate such powers and assign  such duties to the various 
Members of the Authority as may be specified in writing by the Authority or the 
Chairman or the Provincial Government, as the case may be.] 
5. Term of office of Member .– The term of office of the Members of the 
Authority shall be three years. 
6. Commencement of term of office, re -appointment and resignation .– (1) 
The term of office of a Member shall commence on such da te as shall be notified in 
this behalf by the Provincial Government. 
 (2) Any person ceasing to be a Member of th e Authority by reason of the 
expiry of the term of his office sh all, if otherwise qualified, be eligible for re -
appointment. 
 (3) Any Member of the Authority may at any time resign, provided that his 
resignation shall not take effect until accepted by the Provincial Government. 
2
[7. * * * * * * * * *   ] 
8. Remuneration of Chairman and members.– The Chairman and Members of 
the Authority shall receive such salary or remuneration as may be sanctioned by the 
Provincial Government. 
9. Removal of members.– The Provincial Government may 
3
[after giving him an 
opportunity of being heard] by, notification, remove any Member– 
(a) if he refuses to act, or be comes in the opinion of the Provincial 
Government, incapable of acting or has been declared as insolvent, or 
has been convicted of any such offence or subjected by a Criminal 
Court to any such order as implies in the opinion of the Provincial 
Government, a  defect of character which renders him unfit to be a 
member; or 
(b) if he has been declared to be disqualified fo r em ployment in, or has 
been dismissed from the public service an d the reason for the 
disqualification or dismissal is such as implies, in the opinion of the 
Provincial Government, a defect of character which renders him unfit to 
be a member; or 
1
[(c) if he has absented himself from more than three consecutive meetings 
of the Authority or of any committee of which he is a member and is 
 
1Substituted by the Act ibid., s.2(2). 
2Omitted by the Thal Development (West Pakistan Amendmen t) Ordinance, 1959 (XIX of 195 9), published in the Gazette of 
West Pakistan (Extraordinary), dated April 6, 1959, pp. 91-92, s. 2. 
3Inserted by the Thal Development (Amendment) Ordinance, 1985 (X III of 1985), published in the Punjab Gazette 
(Extraordinary), dated February 23, 1985, s. 2(a).  
unable to explain such absence to the satisfaction of the Provincial 
Government; or] 
(d) if, in the opinion of the Provinci al Government he has flagrantly abused 
his position as a member; or 
(e) if he has knowingly acquired or continued to hold without the 
permission in writing of the Provincial Government  directly or indirectly 
or by a partner, any share or interest in any co ntract or employment 
with, by or on behalf of the Authority; or 
(f) if he has knowingly acted as a Member in a matter other than a matter 
referred to in clause (iv) of the proviso to this section, in which he or a 
partner had, directly or indirectly, a personal interest; or 
(g) if he has acted in contravention of section 15; or 
(h) who being a legal practitioner, acts or appears on behalf of any other 
person in any suit or other proceedings instituted by or on behalf of the 
Authority or in any suit or other proceeding acts or appears on behalf of 
any other person against the Authority; or 
(i) who is a salaried servant of the Government, and his  continuance in 
office is in the opinion of the Provincial Government, unnecessary or 
undesirable: 
 Provided that a person shall not be deemed, for the purpose of clause (e) to 
acquire, or continue to have, any share or interest in a contract or employment by  
reason only of his– 
(i) having a share or interest in any lease, sale or purchase of land or 
building, or in any agreement for the same, provided that such share or 
interest was acquired before he became a Member; or 
(ii) having a share in a joint stock company which shall contract with, or be 
employed by or on behalf of the Authority; or 
(iii) having a share or int erest in a newspaper in which an advertisement 
relating to the affairs of the Authority is inserted; or 
(iv) holding a debenture or otherwise being interested in a loan raised by or 
on behalf of the Authority; or 
(v) having a share or interest in the occas ional sale of an article in which 
he regularly trades to the Authority, to a value not exceeding in any one 
year, such amount as the Authority,  with the sanction of the Provincial 
Government, may fix in this behalf 
2
[:] 
 
3
[Provided further that it shall be  lawful for the Provincial Government to 
remove any member at any time without assigning any reason for his removal.] 
 
1Substituted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordin ary), 
dated April 25, 1955, pp. 301-311, s. 3. 
2Replaced the ‘full-stop’ by the Thal Development (West Pakistan Amendment) Ordinance, 1959 (XIX of 1959), published in the 
Gazette of West Pakistan (Extraordinary), dated April 6, 1959, pp. 91-92, s. 3. 
3Added by the Ordinance ibid. 
10. Disabilities of Membe rs removed under section 9 .– A Member removed 
under section 9 shall not be eligible for re -appointment for a peri od of three years 
from the date of his removal: 
 Provided that if a  Member has been removed by reason of his having been 
declared as insolvent,  he shall be eligible for re -appointment when he shall have 
obtained his discharge. 
CHAPTER III 
PROCEEDINGS OF THE AUTHORITY, COMMITTEES, 
OFFICERS AND SERVANTS AND SUPPLY OF INFORMATION TO PROVINCIAL 
GOVERNMENT 
1
[11]. Meetings of the Authority .– (a) The Au thority shall ordinarily  meet for the 
transaction of business at least  
2
[once in every month ] at such time as it may fi x, 
provided that the Chairman may, whenever he thinks fit, an d shall, upon the written 
request of not less than two Members, call a special meeting. 
(b) The quorum necessary for the transaction of business at an ordinary or 
special meeting shall be three: 
 Provided that if at any such meeting a quorum is not present , the Chairman 
shall adjourn the meeting to such other day  
3
[not being later  than fourteen days]  as 
he may think fit and the business which would have been brought before the original 
meeting if there had been a quorum present shall be brought before and t ransacted 
at the adjourned meeting whether there be a quorum present thereat or not. 
(c) At every meeting the Chairman, if he be present, or in his absence 
such one of the Members present a s may be chosen by the meeting, 
shall preside. 
(d) All questions wh ich come before any meeting shall be decided by a 
majority of the votes of t he Members present, the President of the 
meeting in case of an equality of votes having a second or casting 
vote. 
(e) Minutes of the names of the Members present and of the proceed ings 
at each meeting shall be drawn up and recorded in a book to be kept 
for the purpose, and shall be signed by the person presiding at the 
meeting or at the next ensuing meeting, and shal l at a ll reasonable 
times and without charge be open to inspection by any Member. 
4
[ *  *  *  *  *  *  * * *   ] 
12. Temporary association of m embers with the Authority for particular 
purposes.– (1) The Authority may  
5
[, and when directed by the Provincial  
 
1Renumbered for “ 11(1)” by the Thal Development (Amendment) Act, 1955 (XX of 1 955), published in the Punjab Gazette 
(Extraordinary), dated April 25, 1955, pp. 301-311, s. 4(3). 
2Substituted for the words “once in every three months” by the Act ibid., s. 4(1). 
3Inserted by the Thal Development (Amendment) Act, 1955 (XX of 1955), publ ished in the Punjab Gazette (E xtraordinary), 
dated April 25, 1955, pp. 301-311, s. 4(2). 
4Omitted by the Act ibid., s. 4(3). 
5Inserted by the Act ibid., s. 5(1)(i). 
Government shall,] associate with itself in such manner and for su ch period as may 
be prescribed by rules made under section 51 any person who se assistance or 
advice 
1
[the Authority or Provincial Government] may desire in carrying out any of the 
provisions of the Act. 
 (2) A person associated with  
2
[* *] the Authority, u nder subsection (1) for 
any purpose shall have a right to take part in the d iscussions of the Authority relative 
to that purpose, but shall not have a right to vote at a meeting of the Auth ority, and 
shall not be deemed to be a Member for any other purpose. 
13. Constitution and functions of committees.– (1) The Authority may 
3
[, and if 
directed by the Provincial Government shall,]  from time to time appoint committees 
consisting of such perso ns of any of the following classes as it may deem fit, 
namely:– 
(i) Members; 
(ii) persons associated with the Authority under section 12; 
(iii) other persons whose services, assistance or advice the Authority may  
4
[consider useful] as members of such committees: 
 Provided that no such committee shall consist of less than three persons and 
that at least one Member of the Authority shall be a member thereof. 
 (2) The authority may  
5
[, and when directed by the Provincial Government 
shall]– 
(a) refer to such co mmittees for inquiry and report any matter relating to 
any of the purposes of this Act; and 
(b) delegate to such committees by resolution, and subject to any rules 
made under section 51  
6
[, or to any direction given by the Provincial 
Government,] any of the powers or duties of the Authority. 
 (3) The Authority  
7
[*] may, a t any time,  
8
[with the permission of the 
Provincial Government,] dissolve, or, subject to the provisions of subsection (1) alter 
the constitution of any such committees. 
 (4) Every such com mittee shall conform to instructions from time to time 
given to it by the Authority 
9
[or by the Provincial Government and  in case of conflict, 
the instructions of the Provincial Government shall prevail]. 
 
1Substituted for the word “it” by the Act ibid., s. 5(1)(ii). 
2Omitted the words “itself by” by the Act ibid., s. 5(2). 
3Inserted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), 
dated April 25, 1955, pp. 301-311, s. 6(1). 
4Substituted for the word “desire” by the Act ibid., s. 6(2). 
5Added by the Act ibid., s. 6(3). 
6Inserted by the Act ibid., s. 6(4). 
7Omitted the comma by the Act ibid., s. 6(5)(i). 
8Inserted by the Act ibid., s. 6(5)(ii). 
9Ibid., s. 6(6)(vi). 
 (5) All proceedings of any such committees shall b e subj ect to 
confirmation by the Authority. 
 (6) Any person associa ted with the Authority under section 12(1) or 
appointed as member of a commi ttee under clause (iii) of subsection (1) shall be 
entitled to receive such remuneration as may be prescribed. 
14. Meetings of committee s.– (1) Committees appointed under section 1 3 may 
meet and adjourn as they think proper; but the Chairman of the Authori ty may, 
whenever he deems fit, call a special meeting of any such committee, and shall do 
so 
1
[, when directed by the Provincial Government or,] upon the written request of not 
less than two members thereof. 
 (2) The Chairman may attend any meeting of a co mmittee appointed 
under section 13 whether he is a member of such committee or not, and shall 
preside at every su ch meeting at which he is present; if he be absent, any Member 
present and being a member of such committee as may be chosen by the 
Committee, shall preside; provided that if only one member is present, he shall 
preside. 
 (3) All questions which come befor e any meeting of such committee shall 
be decided by a majority of t he votes of the members present, the person presiding 
in case of equality of votes having a second or casting vote. 
 (4) No business shall be transacted at any meeting of such committee 
when less  than two members or if the committee consists of more than e ight 
members when less than one-fourth of such members are present. 
 In the case of an adjournment due to want of quorum the provisions of section 
11(1)(b) shall apply. 
15. Members and asso ciated persons of the Authority or committee not to 
take part in proceedings in which they are personally interested.– (1) A Member 
who– 
(i) has directly or indirectly , by himself or by any partner, employer, or 
employee, any such share or interest as is d escribed in the proviso to 
section 9, in respect of any matter, or 
(ii) has acted professionally, in relation to any matter on behalf of any 
person having therein any such share or interest as aforesaid, 
 shall not vote or take any other part in any procee dings of the Authority or any 
committee appointed under this Act relating to such matter. 
 (2) If any Member, or any person, associated with th e Authority under 
section 12 or any other member of a committee appointed under this Act, has, directly 
or indirectly, any beneficial interest in any land situated in any locality comprised in any 
scheme framed under this Act or in any locality in which it is proposed to acquire land 
for the purpose of this Act– 
(i) he shall, before taking part in any proceedings at a meeti ng of the 
Authority or any committee appointed under this Act  relating to such 
 
1Inserted by the Thal Development (Amendment) Act, 1955 (XX of 1955), publis hed in the Punjab Gazette (Ext raordinary), 
dated April 25, 1955, pp. 301-311, s. 7. 
area, inform the person presiding at the meeting of the n ature of such 
interest; 
(ii) he shall not vote at any meeting of the Authority or any such committee 
upon any resolution or question relating to such land; and 
(iii) he shall not ta ke any other part in any proceeding at a meeting of the 
Authority or any su ch committee relating to such locality if the person 
presiding at the meeting considers it inexpedient that he should do so. 
16. Power of the Authority to fix number and salaries of  permanent servants 
and appointments of temporary servants in cases of emergency.– (1) Subject to 
such rules as the Provincial Government may make, the Authority may from time to 
time empl oy such  servants as it may deem necessary and proper to assist in 
carrying out the purposes of this Act, and may-assign to such servants such pay as it 
may deem fit 
1
[:] 
2
[(i) Provided that where the maximum of the grade fixed for a post 
exceeds one thousa nd rupees, the previous approval of the Provincial 
Government shall be necessary;  
(ii) Provided further that the Provincial Government may, by  general or 
special order, specify the post or posts to which appointments shall not 
be made except with the prev ious ap proval of the Provincial 
Government.] 
 (2) The Chairman, in c ase of emergency, may appoint such temporary 
servants as in his opinion may  be required for the purposes of this Act, and may 
direct that the salaries of such temporary servants fixed as t he emer gency may 
require, shall be paid from the funds of the Authority: 
 Provided that– 
(i) he shall not act under this subsection in contrave ntion of any order of 
the Authority prohibiting the employment of any temporary servants for 
any particular work; and 
(ii) every appointment made under this subsection shall be repo rted at the 
next following meeting of the Authority. 
3
[17. Power of appoint ment, etc.– Subject to the provisions of section 16 and to 
any rules for the time being in force, the power of pr omoting and granting leave to 
officers and servants of the Authority , reducing, suspending or dispensing with their 
services for any reasons or dismissing them, shall vest– 
(i) in the case of officers and servants whose maximum monthly salary 
does not exceed five hundred rupees, in the Chairman; and 
(ii) in other cases, in the Authority: 
 
1Replaced for the ‘full -stop’ by the Thal Development (Amendment) Act , 1955 (XX of 1955), published in the Punj ab Gazette 
(Extraordinary), dated April 25, 1955, pp. 301-311, s. 8. 
2Added by the Act ibid. 
3Substituted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary),  
dated April 25, 1955, pp. 301-311, s. 9. 
 Provided that any officer or servant in receipt of a month ly salary exceeding 
one hundred rupees who is reduced, suspended or dismissed by the Chairman or 
whose services h ave bee n dispensed with by him, may appeal to the Authority 
whose decision shall be final; subject to revision by the Provincial Government; 
(ii) Provided further that in all other cases in which an officer or servant 
who has been reduced, suspended or dis missed by the Authority or 
whose services have been dispensed with by the Authority may appeal 
to the Provincial Government; and 
(iii) Provided still further that the Provincial Government may, by a general or 
special order, direct that the incumbents of s uch of the posts, carrying 
salaries not exceeding one hundred rupe es per mensem, as may be 
specified by the Provincial Government, shall not be  dismissed from 
service without the previous permission of the Provincial Government.] 
18. Control by Chairman.– The Chairman shall exercise supervision and control 
over all officers and servants of the Authority; and, subject to the foregoing sections, 
shall dispose of all questions relating to the service of the said officers and servants 
and their pay, privileges and allowances. 
19. Delegation of certain powers of Chairman’s fun ctions.– (1) The Chairman 
may, by general or special order in writing, delega te to any officer of the Authority 
any of the Chairman’s powers, duties or functions under this Act or any rule m ade 
thereunder except those conferred or imposed upon or entrusted  to him by sections 
11 and 14, respectively 
1
[:]  
 
2
[Provided that when the C hairman delegates any powers, duties or functions 
under this subsection, the delegation shall be subject to the a pproval of the 
Authority.] 
 (2) The exercise or discharge by any of ficer of any powers, duties or 
functions delegated to him under subsection ( 1) shall be subject to such conditions 
and limitations (if any) as may be prescribed in the said order, and also be subject to 
control and revision by the Chairman or the Authority. 
20. Supply of information and documents to the Government .– (1) The 
Chairman shall forward to the Provincial Government a copy of the minutes of the 
proceedings of each meeting of the Authority, within ten days from the date on which 
the minutes of the proceedings of each meeting were signed as prescribed in clause 
(e) of subsection (1) of section 11. 
 (2) If the Provincial Government so directs in any case, the Chairman shall 
forward to i t a co py of all papers which were laid before the Authority for 
consideration at any meeting. 
 (3) The Provincial Government may require the Ch airman to furnish it 
with– 
(i) any return, statement, estimate, statistics or other information 
regarding any matter under the control of the Authority; or 
 
1Replaced for the ‘full-stop’ by the Act ibid., s.10. 
2Added by the Act ibid. 
(ii) a report on any such matter; or 
(iii) a copy of any document in the charge of the Chairman. 
 The Chairman shall comply with every such requisition without unreasonable 
delay. 
1
[20-A. Powers of the Provincial Government to issue directions. – (1) In cases 
where, in the opinion  of the Provincial Government, there is sufficient groun d for 
proceeding under this subsection, it may, by an order in writing, direct the Authority, 
or any of its Members, or employees, or  any other person purporting or required to 
act under this Act or the rules made thereunder, or in pursuance of any order passed 
under this Act or the said Rules, to abstain from a certain act or acts or to act in such 
manner or follow such policy as may be specified in the order.  
 (2) Without prejudice to the gene rality of the provisions of sub section (1), 
the Provincial Government may, by orde r in writing, suspend the execution of any 
resolution or order of the Authority, or prohibit the doing of any act  which is to be 
done, or is being done under this Act or the rules m ade thereunder, or in pursuance 
of any sanction or permission granted by th e Authority in the exercise of its powers 
under this Act or the said rules, or if such act has been accomplished,  may order its 
rectification in such manner as may be specified, if, in its opinion, the said resolution, 
or order, or act is in excess of the powers conferred by law.  
 (3)(i) When the Provincial Government, after due enquiry, is satisfied that the 
Authority has made default in performing any duty imposed upon it by this A ct, or by 
any order or rules made under this Act, the Provincial Governmen t may, by an order 
in writing, fix a period for the performance of that duty; and, should it not be 
performed wit hin the period so fixed, the Provincial Government may cause such 
duty to be performed and may recover from the Authority the expenses incurred  in 
doing so. 
(ii) Should the expenses be not so paid within the time specified, the 
Provincial Government may make an order directing the person having 
the custody of the balance of  the Authority Fund to pay the said 
expenses out of such balance or from t ime to time as and when he has 
such balance in hand. The said person shall give priority to such 
payments over all other charges against the Authority Fund.] 
CHAPTER IV 
SCHEMES AND PROCEDURE TO BE FOLLOWED IN FRAMING THEM 
21. Scheme for development .– 
2
[(1)] The Authority may frame a scheme or 
schemes for the development of any local area or part thereof providing for  all or any 
of the following matters:– 
(i) The acquisition under the Land Acquisition Act, 1894
1
, as modified by 
this Act, of any land or any interest in land necessary for, or affected by 
the execution of the scheme; 
 
1Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated 
April 25, 1955, pp. 301-311, s.11. 
2Renumbered by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), 
dated April 25, 1955, pp. 301-311, s.12. 
(ii) The acquisition by purchase, leas e, excha nge or otherwise of such 
land or interest in land; 
(iii) The retention, letting on hire, lease, sale, exchange or disposal 
otherwise of any land vested in or acquired by the Authority; 
(iv) The relaying of any land comprised in the scheme, and rese rvation of 
any land not exceeding one -fifth of the total area for the  common 
purposes of the village or villages comprised in the scheme, and t he 
redistribution of the rest of the land among the  owners of the property 
comprised in the scheme, and managemen t of lan ds reserved for 
common purposes; 
(v) The layout and construct ion of towns, mandis, market places, villages 
and settlements including th e demolition of existing buildings, the 
erection and re-erection of buildings by the Authority or by the owners, 
or by the Authority in default of the owners; 
(vi) The provision  of f acilities for communication including the layout and 
alteration of roads, streets, foot -paths, bridle paths, aerodromes and 
waterways; 
(vii) The provision of open spaces, playing fields, national parks, nature 
reserves, forests and forest parks, camping gr ounds, camp sites, 
holiday camps and holiday villages, and cemeteries and places of 
religious worship; 
(viii) The breaking up, cultivation, afforestation or plantation of lands, and 
the r aising, lowering or reclamation of any land for the production of 
foodgrains, fruit, vegetables, fuel, fodder and the like and the provision 
of means of irrigation and irrigation channels by the Authority or by the 
owners or by the Authority in default of owners; 
(ix) The draining, water -supply and lighting of streets and s anitation of 
villages and settlements, towns, mandis and market places; 
(x) The provision of a system of drains or sewers for the improvement of 
ill-drained and insanitary localities; 
(xi) The provision of fisheries, poultry farms, livestock farms, dairy f arms, 
sheep farms, bee farms, sericulture farms and the like; 
(xii) The installation, management, maintenance and encouragement of 
public utility undertakings, rural trades and crafts, industries and works; 
(xiii) The doing of all acts intended to promote the health, well being and 
prosperity of the residents of a local area, in cluding the conservation 
and preservation from injury or pollution of rivers and other sources 
and means of water -supply, and establishment of educational 
institutions, dispensaries and nursing homes; 
(xiv) The advance to the owners, occupiers or tenants o f land comprised in 
the scheme upon such terms and conditions as to interest and sinking 
fund and otherwise as ma y be pre scribed under the scheme of the 
 
1I of 1894.  
whole or part of the capital requisite for breaking up and cultivation of 
land, construction of water-courses, sinking of wells, purchase of cattle 
and of agricultural implements and machinery, for seeds and for any 
purpose subsidiary to agriculture and for erection of houses, godowns  
and cattle-sheds; 
 (xv) The establishment of an insurance fund for the in surance on a 
compulsory or voluntary basis of crops, and cattle, and the recovery of 
insurance premia and contributions and the distribution of benefits from 
the insurance fund subje ct to the provisions of any law applicable 
thereto; 
(xvi) The execution of any scheme or part of the scheme by any department 
of Government on such terms and conditions as may be agreed u pon 
between the Authority and the Provincial Government; 
 (xvii) All other matters which the Provincial Government may deem 
necessary to promot e the general efficiency of a scheme or for the 
development of the local area. 
 
1
[(2) Every provision made in a s cheme for acquisition of land under clause 
(i) of subsection (1) after  the coming into force of the Thal Development Act 
(Amendment) Ordinance,  1955 shall be subject to the following limitations and 
conditions:–  
(i) The land which is outside the irrigatio n boundaries of the Thal Canal or 
is already irrigated by means of a w ell or any other means of irrigation 
other than the Thal Canal or which w as not shown as banjar jadid, 
banjar qadim or ghair mumkin  in the khasra girdawari of Rabi 1951 
shall not be acquired.  
(ii) If a person owns less than 15 acres of land within the irr igation 
boundaries it shall not be acquired.  
(iii) If a person owns more  than 15 but not more than 100 acres of land 
within the irrigation boundaries, not more than 50 per cent of the land in 
excess of 15 acres shall be liable to be acquired.  
(iv) If a p erson owns more than 100 acres of land within the irrigation 
boundaries, not more than 75 per cent of the land in excess of 100 
acres shall be liable to be acquired in addition to the la nd acquir ed 
under clause (iii) above in respect of the first 100 acres. 
Explanation.– “Irrigation Boundaries” mean the boundaries determined by  the 
Provincial Government to which irrigation by the Thal Canal has been extended or is 
likely to be extended.] 
22. Preparation, publication and transmission of notice as to schemes,  and 
supply of documents to applicants .– (1) When a scheme under this Act  has been 
framed, the Authority shall prepare a notice stating:– 
(i) the fact that the scheme has been framed, 
 
1Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated 
April 25, 1955, pp. 301-311, s. 12. 
(ii) the boundaries of the locality comprised in the scheme, and  
(iii) the place at which details of the scheme including a statement of the 
land proposed to be acquired or on which it is proposed to charge a 
development fee and a general map of the localit y compris ed in the 
scheme may be inspected at reasonable hours. 
 (2) The Authority shall– 
(i) cause the said notice to be published weekly for three consecutive 
weeks in the official Gazette and in a newspaper or newspapers with a 
statement of the period w hich shal l not be less than 30 days, within 
which objections will be received; and, 
(ii) send a copy of the notice to the Chairman of the Distr ict Board in 
whose area the locality comprised in the scheme is situated and ask 
him to send any representation h e may wish to make within six weeks 
from the date of the receipt of the copy. 
 (3) The Chairman shall cause copies of the documents referred to  in 
clause (iii) of subsection (1) to be delivered to any applicant on payment of such fees 
as may be prescribed. 
23. Notice of proposed acquisition of land .– (1) During the thirty da ys next 
following the first day on which any notice is published under se ction 22 in respect of 
any scheme under this Act, the Authority shall serve a notice on:– 
(i) every person whom t he Authority has reason to believe after due 
enquiry to be the owner o f any immovable property which it proposes 
to acquire in executing the scheme or in respect of which it is proposed 
to charge a development fee; 
(ii) the occupier or tenant (who need not  be named) of such premises or 
land as the Authority proposes to acquire in executing the scheme. 
 (2) Such notice shall– 
(a) state that the Authority proposes to acquire such property or to recover a 
development fee in respect of such property, for the purposes of carrying 
out a scheme under this Act, and 
(b) require such p erson, if he objects to such acquisition, or recovery of 
development fee, to state his reasons in writing (in duplicate) within a 
period of 30 days from the service of the notice. 
 (3) Every such notice shall be signed by, or by the order of the Chairman. 
24. Abandonment of scheme, or application to Provincial Government to 
sanction it.– (1) After the expiry of the period respectively prescribed in clauses (i) 
and (ii) of subsection (2) o f section 22 and clause (b) of subsection (2) of section 23, 
the Authority shall consider any objection or representation received thereunder a nd 
after hearing all persons making any such objection or representation who may 
desire to be heard or their repr esentatives, the Authority may either abandon the 
scheme, or apply to the Provincial Government for sanction of the scheme with such 
modifications (if any) as the Authority may deem necessary. 
 (2) Every application submitted to Provincial Government under  
subsection (1) shall be accompanied by:– 
(i) complete plans and detai ls of the scheme and an estimate of the cost 
of executing it; 
(ii) a stat ement of the reasons for modifications (if any) made in the 
scheme as originally framed; 
(iii) a statement of obj ections a nd representation, if any, received under 
section 22; 
(iv) a list of the names of all persons (if any) who have objected under 
clause (b) of subsection (2) of section 23, to the proposed acquisition of 
their property, or the proposed recovery of d evelopment fee, and a 
statement of the reasons given for such objection; and 
(v) a statement of the arrangements made or proposed by the Authority for 
the resettlement or re-housing of persons who are likely to be displaced 
by the execution of the scheme. 
25. Power to sanction, reject or return scheme .– (1) 
1
[Subject to the other 
provisions of this Act the] Provincial Government may sanction, wit h or without 
modifications or may refuse to sanction or may return for reconsideration any scheme 
submitted to it under section 24. 
 (2) If a scheme returned for reconsideration under  subsection (1) is 
modified by the Authority, it shall be republished in accordance with section 22, in 
every case in which the modification affects the boundaries of the locality compri sed 
in the scheme or involves the acquisition of any land not previous ly proposed to be 
acquired, or the levy of development fee on land which was not previously proposed 
to be liable to such development fee. 
26. Notification of sanction of scheme .– (1) Wh enever th e Provincial 
Government sanctions any scheme under this Act, it shall announce the fact by 
notification, and the Authority shall forthwith proceed to execute the scheme. 
 
2
[(2) The notification under subsection (1) in respect of any scheme shall not 
be called in question in a court of law or in any other proceedings  save to the extent 
to which the scheme is inconsistent with the provisio ns of subsection (2) of section 
21.] 
27. Alteration of scheme after sanction .– A scheme under this Act may be 
altered by t he Authority at any time between its sanction by the Provinci al 
Government and its execution: 
 Provided as follows:– 
(a) if any altera tion is estimated to increase the estimated net cost of 
executing a scheme by more than Rs. five lakhs or by 20 p er cent o f 
 
1Added and substituted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette 
(Extraordinary), dated April 25, 1955, pp. 301-311, s. 13. 
2Substituted by the Thal D evelopment (Amendment) Act, 1955 (XX of 1955), published in t he Punjab Gazette (Extraordinary), 
dated April 25, 1955, pp. 301-311, s. 14. 
the said estimated net cost, whichever is less, such altera tion shall not 
be made without the previous sanction of the Provincial Government; 
(b) if any alteration involves the acquisition otherwise than by agreement of 
any land the acquisition of which has not been sanctioned by the 
Provincial Government or the l evy of development fee on land not 
previously liable to such fee, the pro cedure prescribed in the foregoing 
sections of this chapter shall, so far as applicable, be followed as if the 
alteration were a separate scheme. 
28. Inclusion of different localities  in combined schemes .– Any number of 
localities in respect of which the A uthority has framed or has proposed to frame 
schemes under this Act may at any time, be included in one combined scheme. 
29. Passing over of works and services to local bodies .– As so on as any 
scheme has been carried out by the Authority or at a later date , the Authority may 
1
[, 
with the permission of the Provincial Government,] by written requisition call upon a 
local authority within whose jurisdiction any particular area covered by the scheme 
lies to take over and maintain any of the work and services in  that area and the local 
authority shall be bound to comply with such requisition. 
CHAPTER V 
POWERS AND DUTIES OF THE AUTHORITY 
30. Powers and duties of the Authority .– 
2
[(1) Subject to such rules as may be 
made under section 50, the Authority may– 
(a) undertake any works and incur any expenditure for the improvement 
and development of a local area; and  
(b) enter into and perform all such contracts as it may consider necessary 
or expedient for carrying out any of the purposes of this Act.]  
 
3
[* * * * * * * * *   ] 
 
4
[(2)] Without prejudice to the generality of the powers conferred by the 
preceding subsections, the Authority may– 
(a) grant land vested in the Authority to any person on any condition it 
thinks fit, and for this purpose issue a statement or st atements of 
conditions on which the Authority is willing to grant land to tenants: 
Provided that no land which ha s been ve sted in the Authority for 
management on behalf of the Provinc ial Government shall be granted 
to any person without the statement of co nditions having been 
approved by the Government; 
1
[Provided further that where any land is given to a proprietor in lieu of 
land acquired from him by the Authority such land shall st and 
 
1Inserted by the Act ibid., s. 15. 
2Substituted by the Act ibid., s. 16(1). 
3Omitted by the Thal Development (Amendmen t) Act, 1955 (XX of 1955), published in the Punjab Gazette (E xtraordinary), 
dated April 25, 1955, pp. 301-311, s. 16(2). 
4Renumbered by the Act ibid. 
transferred in favour of such proprietor with full proprietary rights.  The 
Provincial Government by notification shall determine the improvement 
fees for such land, which shall be rec overed i n such installments as 
may be prescribed and that amount shal l be the first charge on such 
land.] 
(b) resume the land so granted, or in  the alternative impose a penalty not 
exceeding five hundred rupees, where the tenant is proved to the 
satisfaction of th e Authority to have committed a breach of the 
conditions of t he tenancy 
2
[and may resume the grant so made if the 
land forming the subj ect matter of the grant was acquired in 
contravention of the provisions of subsection (2) of section 21]: 
Provided that b efore an order is made under this clause,  the tenant 
shall be given an opportunity to appear and state his objections:  
Provided further that in a case of resumption, the tenant shall be liable 
to restore possession forthwith, but will be entitled to compensation for 
the standing crops and for improvements made by h im during the 
tenancy;  
(c) notwithstanding anything contained in section 3 of the Consolidation of 
Holdings Act, 1936
3
, hereinafter in this section referred to as the said 
Act, prepare o r confir m schemes for consolidation of holdings in any 
locality by re distribution of title or any of the lands therein, so as to 
reduce the num ber of plots in the holdings, and order payment of 
compensation to any person who has received an allotment under  any 
such scheme of consolidation of less market value than his origi nal 
holding to be paid by all or any of the other persons affected by the 
said scheme and in such proportion as the Authority may decide. The 
duties of the Consolidation Officer under the  said Ac t shall be 
performed by such officer as may be appointed by t he Authority in this 
behalf. 
 The provisions of the said Act will apply mutatis mutandis to the 
proceedings under this clause except that section 3 of the said Act 
shall be deemed to have been deleted; 
(d) take over and manage Government lands on such term s and 
conditions as may be agreed upon between the Authority and the 
Government; 
(e) regulate by general or special order the use of land and restrict or 
prohibit the carrying of any offe nsive or  unwholesome trade or the 
construction of any building or structure; 
(f) direct in respect of any area– 
(1) the levelling, terracing and embankment of fields, 
 
1Added by the Act ibid., s. 16(3). 
2Inserted by the Act ibid., s. 16(4). 
3Repealed Act No. IV of 1936 by t he West Pakistan Consolidation of Holdings Ordinance, 1960 (V I of 1960), published in the 
Gazette of West Pakistan (Extraordinary), dated March 1, 1960, pp. 1431-1441, s. 30. 
(2) the construction of earthworks in fields or ravines, 
(3) the provision of drains for storm water, 
(4) the training of streams, and  
(5) the execution of s uch other works as are necessary in the 
opinion of the Authority to protec t the land from the erosive 
action of wind or water, or for the development of such area or 
for the exploitation of its mineral or water resources; 
(g) direct that any work which has been required to be done by any person 
under the preceding clause, and which remains undone, shall after due 
notice to such person and consideration of any objection raised by him, 
be executed by the Authority, and specify the portion in which the risk 
and expense of such work shall be borne by such person, or by any 
other pers on who is held by the Authority, upon due enquiry after 
reasonable notice to him, to be responsible for the execu tion of such 
work, in whole or in part; 
(h) regulate, restrict or pro hibit by general or special order in respect of 
any area– 
(1) the clearing or breaking up of land for cultivation,  
(2) the quarrying of stone and the burning of lime or charcoal, 
(3) the admission, herding, parking and retention of cattle, 
(4) the felling , girdling, lopping, tapping or burning of any  tree or 
timber, and 
(5) the kindling, keeping or carrying of any fire; 
(i) direct the growing of a particular kind or type of crops or trees  in a 
particular area and prescribe the rotation of crops to be followed; 
(j) undertake the breaking of land, planting of trees, construction o f water-
courses and to all necessary acts to bring land vested in the Authority 
under cultivation; 
(k) advance money either by way of grant or by way of loan, or partly in 
one way an d partly in the other, to any person for the purpose of 
furthering any of the objects of this Act on such terms and conditions 
as to recovery of interest and subject to such terms and con ditions as 
may be prescribed by the Provincial Government; 
(l) make a rrangements for the marketing of the produce and 
manufactures of the local area; 
(m) promote and undertake research on any matter in furtherance of this 
Act. 
 
1
[(3)] Any general order mad e under t his section shall be published in such 
manner as may be prescribed. 
 
1Renumbered by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), 
dated April 25, 1955, pp. 301-311, s. 16(2). 
1
[31. * * * * * * * * *   ] 
32. Power of the Authority for facilit ating the movement of  population.– In 
order to facilitate the movement of the population in and around a local ar ea, the 
Authority may from time to time– 
(a) subject to any conditions it may deem fit to impose– 
(i) guarantee the payment from the funds at i ts disposal, of such 
sums as it may deem fit, by way of interest on capital expended 
on the construction, mainten ance or w orking of means of 
locomotion; or 
(ii) make such payments as it may deem fit from the said funds, by 
way of subsidy to persons underta king to provide, maintain and 
work any means of locomotion; or 
(b) either singly or in combination with any other  person, construct, 
maintain and work any means of locomotion, under t he provisions of 
any law applicable thereto; or 
(c) construct or widen, strengthen or otherwise improve bridges: 
 Provided that no guarantee or subsidy shall be made under clause (a) 
and no means  of locomotion shall be constructed, maintained or worked 
under clause (b) without the previous sanction of Provincial Government. 
33. Power to make surveys or contribute towards their cost .– The Authority 
may– 
(a) cause a survey of any land to be  made when it considers that a survey 
is necessary or expedient for th e carrying out of any of the purposes of 
this Act; or 
(b) contribute towa rds the cost of any such survey made by any other 
authority. 
34. Power of entry .– (1) The Chairman or any person authorised by him in 
writing, may enter upon and survey any land, erec t pillars for the determination of 
areas and intended lines of works, mak e borings and excavations for the discovery 
of water or any minerals, construct channels and aqueducts for securi ng the fl ow of 
water, and do all other acts which may be necessary in order to carry out all or any 
of the objects of the Act: 
 Provided that w hen the affected land does not vest in the Authority, powers 
conferred by this clause shall be exercised in such manner as  to cause the least 
interference with, and the least damage to the rights of the owner therein. 
 (2) When any person enters into or up on any land in pursuance of 
subsection (1), he shall at the time of entering pay or tender payment for all 
necessary damag e to be done as aforesaid, and in case of dispute as to the 
 
1Omitted by the Act ibid., s.17. 
sufficiency of the amount so paid or tendered, he shall at once refer the dispute to 
the 
1
[Collector] whose decision shall be final. 
 (3) It shall be lawful for any person authorised unde r subsect ion (1) to 
make an entry for the purpose of inspection or search to open or cause to be opened 
a door, gate or other barrier– 
(a) if he considers the opening thereof necessary for the purpose of such 
entry, inspection or search; and 
(b) if the occ upier or owner, as the case may be, is absent, or being 
present, refuses to open such door, gate or barrier: 
 Provided that compensation shall be paid for the damage caused in such 
manner as the Authority may prescribe, and, in case of dispute as to its ad equacy, 
the matter shall be referred to the 
2
[Collector] whose decision shall be final. 
 
3
[Provided further that such entry shall not be made w ithout reasonable notice 
to the owner or occupier which may be served by affixing a copy of the notice on the 
outer door, gate or other barrier.] 
CHAPTER VI 
ACQUISITION, ABANDONMENT OF ACQUISITION AND LEVY OF 
DEVELOPMENT FEE 
35. Modification of Act I of 18 94.– For the purpose of compulsory acquisition of 
land by the Authority, the Land Acquisition Act, 1894
4
, shall be deemed to have been 
modified as indicated in the Schedule to this Act. 
36. Acquisition of land in urgent cases .– (1) The Provincial Governmen t may 
by notification in the official Gazette declare any locality comprised in a local area to 
be required immed iately for resettlement of refugees, as defined in  
5
[any law for the 
time being enforce or for development],  or any other purpose, and direct t he 
Authority to undertake in respect of such locality all or any such matters as may be 
included in a scheme under section 21. 
 (2) After a notification has been issued under subsectio n (1) in respect of 
any locality the Authority may apply to the Collector who after giving such reasonable 
notice to the owners and occupiers as may be prescribed, shall deliver possession of 
any land in such locality to the Authority and the land shall th ereupon, 
notwithstanding anything contained in the Land Acquisition Act,  1894
6
, vest 
 
1Substituted for the word “Authority” by the Thal Development (Amendment) Act, 1955 (XX of 1955) , published in the Punjab 
Gazette (Extraordinary), dated April 25, 1955, pp. 301-311, s. 18. 
2Substituted for the word “Authority” by  the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab 
Gazette (Extraordinary), dated April 25, 1955, pp. 301-311, s. 18.  
3Added by the T hal Development (Amendment) Ordinance, 1985 (XIII of 1985), p ublished in the Punjab Gazette  
(Extraordinary), dated February 23, 1985, s. 2(b). 
4I of 1894.  
5Substituted for the words “the Pakistan Economic Rehabili tation Ordinance, 1948” by the Thal Develo pment (Amendment), 
Act, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), dated January 25, 1951, pp. 19-21, s. 2(1). 
6I of 1894. 
absolutely in the Authority free from all encumbrances subject only to payment of 
compensation under the Land Acquisition Act, 1894
1
, as modified by this Act. 
 
2
[(3) When the possession of any land has been deliv ered to the Authority 
under subsection (2) it shall do all acts in respect thereof in order to comply with the 
directions contained in the notification issued under subsection (1).]  
 
3
[(4) In respect of any land about which a notification under subsection (1) of 
this section has been i ssued, the Authority may, before taking possession of the 
land, give an undertaking to the Collector, by resoluti on, that po ssession shall be 
relinquished before the expiry of five year s from the date on which possession is 
taken by it. If the possession o f any land in respect of which an undertaking has 
been so given, is not relinquished by the Authority before the expiry of t he said 
period of five years, its possession shall, on the ex piry of that period, automatically 
stand relinquished by the Authority.  
 (5) On the relinquishment of p ossession of any land under sub section (4), 
the Collector shall restore the same to the person or persons from whom possession 
had been taken or their re presentatives in interest, who shall thereupon have the 
same rights an d interests in the land as subsisted before its possession was 
delivered to the Authority.]   
 
4
[(6) The limitations and conditions contained in subsection (2) of section 21 
shall apply t o a locality in respect of which a notification is issued under subse ction 
(1) of this section as if the said locality were the land in respect of which provision is 
to be made in a scheme for its acquisition.] 
37. Tribunals.– (1) For the purpose of perfor ming the functions of the Court in 
reference to the acquisition of la nd for the Authority under the Land Acquisition Act, 
1894
5
, as modified by this Act, the Provincial Government ma y by a notifi cation, 
constitute one or more Tribunals, and may define the local limits of their jurisdictions. 
 (2) The Tribunal shall consist of a President and two Assessors chosen by 
the Provincial Government. 
 (3) The President of the Tribunal shall be  a person qualified to be a judge 
of the High Court: 
 Provided that no per son shall be appointed as President or member of the 
Tribunal if he i s a Me mber or would, if were a Member  be liable to removal by the 
Provincial Government under section 9. 
 (4) The term of offi ce of the President and members of the Tribunal shall 
be two years and they shall be eligible for re-appointment. 
 
1I of 1894. 
2Substituted by the Thal Development (Amendment), Act, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), 
dated January 25, 1951, pp. 19-21, s. 2(2). 
3Ibid., s. 2(3). 
4Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated 
April 25, 1955, pp. 301-311, s. 19. 
5I of 1894. 
 (5) The Tribunal shall be deemed to be the Court and the President shall 
be deemed to be the Judge for the purpose of compulsory  acquisition under the 
Land Acquisition Act, 1894
1
. 
 (6) The President of the Tribunal shall have the powers of a Civil Court 
under the Code of Civil Procedure, 1908
2
, to summon and enforce the attendance of 
witnesses and to compel the production of documents by them. 
 (7) The Provincial Government may, on ground of inefficiency, misconduct, 
or for any other good and sufficient reasons, at its di scretion remove a member of 
the Tribunal 
3
[after giving him an opportunity of being heard]. 
 (8) The Provincial G overnment may, by notification, frame rules
4
 providing 
for– 
(a) the method  of filling the vacancies, on a member becoming 
incapacitated to work on account of illness or for any other reason; 
(b) the employment by the President of such ministerial staff as is 
necessary to carry out the work of the Tribunal, and its scales of pay; 
(c) the emoluments or allowances to be paid to the President and the  
Assessors of the Tribunal; 
(d) the grant of leave, promotion, or taking of disciplinary action by the 
President in respect of the ministerial staff under him; and 
(e) generally for the conduct of business before the Tribunal. 
 (9) For the purpose of the a ward to be made by the Tribunal under the 
Land Acquisition Act, 1894
5
, the following rules shall apply, that is to say– 
(a) if there is disagreement between the members of the Tribunal 
regarding measurement of land, or the amount of compensation or 
costs, the opinion of the majority shall prevail; 
(b) the decision on question of law and procedure shall rest solely wi th the 
President; 
(c) the President shall not be bound to consult the Asse ssors relating to 
the determination of persons to whom compensation i s to be paid, or 
apportionment thereof and may in his discretion dispose of such 
question singly and in that case  his decision shall be deemed to be a 
decision of the Tribunal. 
  (10) Every award of the Tribunal shall be deemed to be the award of the 
Court under the Land Acquisition Act, 1894
6
, and shall be enforced by the Court of 
 
1I of 1894. 
2V of 1908.  
3Added by the Thal Development (Amen dment) Ordinance, 1985 (XIII o f 1985), published in the Punjab Gazette 
(Extraordinary), dated February 23, 1985, s. 2(c). 
4The Thal Development Authority  (Tribunal) Rules, 1952 issued by the Sett lement and Colony Department were issued vide  
Notification No. 3853/C, dated July 18, 1952, published in the Punjab Gazette, Part I, dated July 25, 1952, p. 539. 
5I of 1894.  
6I of 1894.  
Senior 
1
[Civil Judge] of the district in which the land under acquisition is situated as if 
it were the decree of that Court. 
38. Appeals.– (1) Subject to the provision of subsec tion (2), an appeal shall lie to 
the High Court in any of the following cases, namely:– 
(a) where the decision is  that of the President of the Tribunal sitting alone 
in pursuance of clause (c) of paragraph (9) of section 37; 
(b) where the decision is that of the Tribunal; and 
(i) the President of the Tribunal grants a certificate that the case is 
fit one for appeal; or 
(ii) the High Court grants special leave to appeal: 
 Provided that the H igh Court shall not grant such special leave unless 
the President ha s refused to grant a certificate under sub -clause (i) and the 
amount in dispute is not less than rupees five thousand. 
 (2) An appeal under clause (b) of subsection (1) shall only lie on o ne or 
more of the following grounds, namely:– 
(i) the decision being contrary to law or to some usage having the force of 
law; 
(ii) the decision having failed to determine some mate rial issue of law or 
usage having the force of law; 
(iii) a substantial err or or defect in procedure which may possibly have 
produced error or defect in the decision of the case upon merits. 
 (3) Subject to the foregoing provisions, the provisions of the C ode of Civil 
Procedure, 1908
2
, with respect to appeals from original decree s shall, so far as may 
be, apply to appeals under this section. 
 (4) Every order passed by the High Court on appeal under this section 
shall be enforced by the court of the Senior  
3
[Civil Judge] within the limits of whose 
jurisdiction the award or order ap pealed against was made, as if it were a decree of 
that Court. 
 (5) An appeal under this section shall be deemed to be an appeal under 
the Code of Civil Procedure, 1908
4
, within the  meaning of Ar ticle 156 of the First 
Schedule to the 
5
[*] Limitation Act, 1908
6
. 
39. Abandonment of acquisition .– (1) An owner of land comprise d in any 
scheme sanctioned by the Provincial Government, or any other person having an 
 
1Substituted for the words “Subordinate Judge” by the Punjab Adaptation of Provincial Laws Act, 1951 (II of 1952), published in 
the Punjab Gazette (Extraordinary), dated January 19, 1952, pp. 31-32, s. 3.  
2V of 1908.  
3Substituted for the words “Subordinate Judge” by the Punjab Adaptation of Provincial Laws Act, 1951 (II of 1952), published in 
the Punjab Gazette (Extraordinary), dated January 19, 1952, pp. 31-32, s. 3. 
4V of 1908. 
5Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955) , published in the 
Punjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. 
6IX of 1908. 
interest therein, may appl y to the Autho rity that the acquisition of the land which is 
not required f or the execution of the sche me be abandoned. The Authority may 
admit for consideration such application if it is made at any time before the Collector 
has made an award under sectio n 11 of the La nd Acquisition Act, 1894
1
. If the 
application is admitted, the Authority shall intimate this fact to the Collector who shall 
thereupon stay further proceedings connected with the acquisition of land in respect 
of which the application is admi tted and the s ame shall not be reopened until so 
desired by the Authority. 
 (2) The Authority may, in its discretion, allow such application on  payment 
of such fee and fulfillment of such terms and conditions as it may impose in this 
behalf. 
 (3) If any ap plication under subsection (1) is rejected by this Authority or 
the fee imposed under subsection (2) is not paid by the person concerned within  the 
period specified in that behalf by the Authority, the Authority shall intimate the fact to 
the Collector who  shall take up  the proceedings for the acquisition of the land from 
the stage at which they had been stayed. 
2
[39-A. Time limit for payment of compensation.– (1) If compensation in respect of 
the land, the acquisition whereof is provided in a scheme or whi ch has been ta ken 
possession of under section 36 or in any other manner, is  not paid or tendered to the 
person entitled thereto within twelve months–  
(a) from the date of the notification under section 6 of the Land Acquisition 
Act, 1894
3
; or  
(b) from th e date of the issue of the notification under sub section (1) of 
section 36; or  
(c) from the date of taking possession of the land where such p ossession 
was taken without any of the aforesaid notifications being issued, 
 the Authority shall pay interest at  the enhanced r ate of twelve per cent, per 
annum, after the expiry of the aforesaid period of twelve months.  
 (2) In case any of the aforesaid  notification was issued or possession of 
the land was taken without the issue of such notification before  the coming into force 
of the Thal Development Act (Amendment) Ordinance, 1955, and compensation is 
not paid or tendered within twelve months of the c oming into force of that Ordinance, 
interest at the enhanced rate of twelve per cent, per annum, shall be paid by  the 
Authority after the expiry of the aforesaid period of twelve months.] 
40. Development Fee.– (1)(a) When by the execution of any scheme und er this 
Act, any land in the area comprised therein which is not required for the execution 
thereof, will in the opinion of the Authority, be increased in value or will obtain benefit 
from t he execution of the scheme the Authority may, while framing the sc heme 
provide, that in lieu of acquisition of such land a development fee shall be paid by the 
owner or any person having interest therein. 
 
1I of 1894. 
2Inserted by t he Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), 
dated April 25, 1955, pp. 301-311, s.20. 
3I of 1894. 
(b) No development fee sha ll be charged under this Act on grounds on 
which a tax could be levied under the Thal (Incr ease in Value) Act, 
1940
1
. 
 (2) The Authority may at any time after the sanction of the scheme under 
section 25 b y resolution dec lare that for the purpose of levy of development fee the 
scheme shall be deemed to have been executed and shall thereupon proce ed to 
assess the demand in accordance with the rules framed by Provincial Government 
under subsection (4). 
 (3) In fixing the amount of development fee to be charged in respect of any 
land o r class of land, the Authority shall also take into consideration the actual 
expenditure incurred or to be incurred in the execution of the scheme and the degree 
to which the land or any part of the land has or will be benefitted thereby. 
 (4) The Provincial Government may frame rules providing for– 
(a) the manner in whi ch the demand for the development fee shall be 
assessed and distributed on the land comprised in the scheme and t he 
person or persons by whom the fee shall be payable, 
(b) the acceptance by the authority of a satisfactory and sufficient security 
in lieu of  immediate payment of development fee by an owner of land 
or any person interested therein, 
(c) the mode by which  the development  fee shall be realised and the 
number of instalments to be al lowed in this connection and the interest 
chargeable on balances outstanding from time to time, and 
(d) the mode of preferring appeal from assessment by the Authority and 
the authority to which the appeal shall lie. 
 
2
[(5) Nothing contained in subsection (2) of section 21 shall exempt any land 
from payment of the develop ment fee under this section if such land would, except 
for the provisions of the said subsection (2) of section 21, be liable for acquisition.] 
3
[41.  * * * * * * * * *   ] 
CHAPTER VII 
FINANCE 
42. Authority Fund.– (1) There shall be a fund to be known as ‘ Authority Fund’ 
vested in the Authority which shall be utilised by the Authority to meet charges in 
connection wi th its functions under this Act including the salaries and other 
remunerations of the Members of the Authority and the Tribunal and any officer s and 
servants duly appointed under the Act. 
 (2) All sums received by the Authority shall forthwith be credited to the 
Authority Fund. 
 
1V of 1940. 
2Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated 
April 25, 1955, pp. 301-311, s. 21. 
3Deleted by the Act ibid., s.22.  
1
[42-A. The Budget .– The Authority shall prepare its an nual budget estimates and 
submit the same to the Provincial Gover nment by the end of the month of January 
preceding the commencement of the financial year to which it relates and  the 
Provincial G overnment may modify the said estimates to such extent as it may 
consider necessary.] 
43. Power to levy taxes .– (1) The Author ity may, with the previous sanction of 
the Provincial Government, levy on any local area or part thereof any tax which the 
Provincial Legislature has power to impose in the Province 
2
[under the Constitution]: 
 
3
[Provided that the Provincial Government may, on the recommendation of the 
Authority, exempt any person from the payment of the whole or any part of any such 
tax due from him, subject to such conditions as the Provincial Government may 
impose.] 
44. Grants-in-aid.– (1) The Provincial Government may al low any grant-in-aid to 
the Authority for carrying out its duties under the Act. 
 (2) Any local body may, and whe n so required by t he Provincial 
Government shall, grant such amount of money to  the Authority as may be 
prescribed. 
45. Power of the Authority to borrow money .– The Authority shall be deemed 
to be a local authority under the Local Authorities Loans Act, 19 14
4
, for the purpo se 
of borrowing money under that Act, and the making and exec ution of any scheme 
under this Act shall be deemed to be a work which such authority is legally 
authorised to carry out 
5
[:] 
 
6
[Provided that the Authority shall not borrow any money without the p revious 
sanction of the Provincial Government.] 
46. Custody and investment of Authority Funds .– (1) In places where there is  
a Government treasury or sub -treasury, or a bank to which the Government treasury 
business has been made over, a ll moneys at the cr edit of the Authority shall be kept 
in such treasury, sub-treasury or bank. 
 (2) In places where there is no such treasury or sub-treasury or bank, such 
moneys may be kept with a banker or person acting as a banker, who has given 
such security for the safe  custody and repayment on demand of the sum so kept as 
the Provincial Government may in each case deem sufficient. 
 (3) 
1
[Nothing] in the foregoing provisions of this section shall be deemed to 
preclude the Authority from investing any s uch moneys which ar e not required for 
 
1Added by the Act ibid., s. 23. 
2Substituted for the words and figure “under the provisions of the Government of India A ct, 1935” by the Thal West Pak istan 
Laws (Adaptation) Order, 1964 (w.e.f June 8, 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 3, 
1964, pp. 1805-1849, Article 2(1) read with Schedule.  
3Substituted by the Thal Development (Am endment) Act, 1955 (XX of 1955 ), published in the Punjab Gazette (Extraordinary), 
dated April 25, 1955, pp. 301-311, s. 24. 
4IX of 1914.  
5Replaced the ‘ full-stop’ by the Thal Development (Amendm ent) Act, 1955 (XX of 1955), published in the Punjab Gazette 
(Extraordinary), dated April 25, 1955, pp. 301-311, s. 25. 
6Added by the Act ibid. 
immediate expenditure in any of the securities described in section 20 of the 
2
[Trusts] 
Act, 1882
3
, or placing them in fixed deposit with a bank approved by the Provincial 
Government. 
47. Procedure if the Authority fai ls to make any paym ent in respect of loans 
of the Authority.– If any money borro wed under section 45 or any interest or costs 
due in respect thereof is or are not repaid according to the conditions of the loan, the 
Provincial Government shall itself make s uch payment and may attach the rents and 
other income of the Authority; and ther eupon the provisions of section 5 of the Local 
Authorities Loans Act, 1914
4
, shall, with all necessary modifications, be deemed to 
apply. 
48. Procedure if the Authority fails t o make any payment due to Provincial 
Government.– The Provincial Government may further impose or increase a tax on 
the annual value of buildin gs or lands situated within the local area and enhance the 
rate of land revenue and abiana within the local area to such extent as m ay be 
necessary for the purpose of recouping a payment made under section 47. 
49. Payment by Provincial Government to be a charge on the property of the 
Authority.– All moneys paid by the Provincial Government shall constitute a charge 
upon the property of the Authority. 
5
[CHAPTER VII-A  
AUDIT AND ACCOUNTS 
49-A. Maintenance of accounts and their audit .– (1) The Authority shall maintain 
proper accounts and other relevant records and prepare an annual statement of 
accounts, including the pr ofit and loss accou nt a nd balance -sheet, in accordance 
with such general directi ons as may be issued, and in such form as may be 
specified, by Government in consultation with the Comptroller and Auditor-General of 
Pakistan, hereafter in this section referred to as the Auditor-General. 
 (2) The Auditor-General shall audit or cause to be  audited the accounts of 
the Authority. 
 (3) The Authority sha ll produce all accounts, books and connected 
documents and furnish such explanations and information as the Audit or-General, or 
any officer authorised by him in this behalf, may require at the time of audit. 
 (4) A statement of its accounts audited by the Auditor-General together 
with his report thereon shall be furnished to Government by the Authority, as soon as 
possible after the end of every financial year.  
 
1Substituted for the words “Provided that nothing” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 195 4 (XV of 
1955), dated January 21, 1955, published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read 
with First Schedule. 
2Substituted for the words “Indian Trust” by the Act ibid. 
3II of 1882.  
4IX of 1914.  
5Inserted by the Thal Development (Amendment) Act, 1967 (IX of 1967), publ ished in the Gazette of West P akistan 
(Extraordinary), dated July 21, 1967, pp. 2013-D-2013-F, s. 2.  
49-B. Submission of annual report to  Government.– (1) The Authority shall, as 
soon as possible a fter the end of every financial year, submit an annual report to 
Government on the conduct of its affairs for that year. 
 (2) Government may require the Authority to furnish it with– 
(a) any return , estimate, statement, statistics or other information 
regarding any matter under the control of the Authority; or 
(b) a report on any such matter; or 
(c) a copy of any doc ument in the charge of the Authority, and the 
Authority shall comply with every such requisition.  
49-C. Submission of Accounts and Annual Repo rt, etc. to the Provincial 
Assembly.– (1) The statement of accounts of the Authority referred to in sub -section 
(4) of section 49 -A, together with the Report of the Comptroller and Auditor -General 
of Pakistan, and the Annual Report referred to in section 4 9-B, shall be placed by 
Government before the Provincial Assembly of West Pakistan
1
 as soon as possible, 
after th ey are received, and th e Provincial Assembly shall refer the same to its 
Committee on Public Accounts for scrutiny. 
 (2) The Committee on Publi c Accounts shall scrutinize and examine the 
reports referred to it under sub -section (1) in the same manner as, a nd shall in 
respect ther eof perform the same functions and exercise the same powers a s are 
required by it to be performed and exercised in resp ect of appropriation accounts of 
the Provincial Government and the report of the Comptroller and Auditor -General of 
Pakistan thereon.  
 (3) The Authority shall produce such documents and furnish such  
explanation and information to the Committee referred to  in sub-section (1) as the 
Committee may require at the time of the examination of the accounts.] 
CHAPTER VIII 
RULES AND BYE-LAWS 
50. Power of Provincial Government to make rules .– (1) In addition to the 
power conferred by any other provision of this Act, the Provincial Government may 
by notification in the Gazette make rules consistent with this Act:– 
(i) as to the authority on which mone y may be paid from the Authority 
Fund; 
(ii) for fixing the fe es payable for copies of, or extracts from, the records 
furnished by the Chairman; 
(iii) as to the employment, payment, suspension and removal of officers 
and servants of t he Authority and the co nduct of such officers and 
servants; 
(iv) as to the intermedi ate office or offices (if any) through which 
correspondence between the Authority and the Provincial Government 
or servants of the Government shall pass; 
 
1Now the Provincial Assembly of Punjab.  
(v) as to the acco unts to be kept by the Authority, the manner in which 
such accounts shall be audited  and published, and the powers of 
auditors in respect of disallowance and surcharge; 
(vi) as to the authority by whom, the conditions subject to which and the 
mode in which  contracts may be enter ed into and executed on behalf 
of the Authority; 
(vii) as to the preparation of estimates of income and expenditure of t he 
Authority and the authority by whom and the conditions subject to 
which such estimates may be sanctioned; 
(viii) as to the returns, s tatements and reports to be submitted by the 
Authority; 
(ix) to prescribe and define the mutual relations , to be observe d between 
the Authority and other local authorities in any matter in which they are 
jointly interested; 
(x) for regulating the grant of leave of absence, leave allowance and acting 
allowances to the officers and servants of the Authority; 
(xi) for establis hing and maintaining a provident or annuity fund for 
compelling all or any of the officers in the service of the Authority or of 
the Tribunal (other than any servant of Government in respect of who m 
a contribution is paid under section 70) to contribute to  such fund at 
such rates and subject to such conditions as may be prescribed by 
such rules and for supplementing such contributions out of the funds of 
the Authority: 
 Provided that a Government servant, employed as an officer or servant 
of the Tribunal sh all not be entitled to leave or leave allowances 
otherwise than as may be prescribed by the conditions of his ser vice 
under the Government; 
(xii) for determining the conditions under which the offi cers and servants of 
the Authority or of the Tribunal, or a ny of them, shall on retirement 
receive gratuities or compassionate allowances; and the amount of 
such gratuities and compassionate allowances: 
 Provided that it shall be at the discretion of the A uthority or of the 
Tribunal, as the case may be, to determi ne whether all such officers 
and servants or any, and if so which of them, shall become entitled on 
retirement to  any such gratuities or  compassionate allowances as 
aforesaid; 
(xiii) generally for the guidance of the Authority and public officer in all 
matters connected with the carrying out of the provisions of this Act; 
(xiv) for regulating the grant of subsidies t o the Authority by the Provincial 
Government, the conditions under which they may be  earned or 
forfeited and the arrangements for their repayment 
1
[;] 
 
1Replaced the ‘full -stop’ by the Thal Development (A mendment) Act, 1955 (XX of 1955), published in the Punjab Gaz ette 
(Extraordinary), dated April 25, 1955, pp. 301-311, s. 26. 
1
[(xv) to prescribe the manner in which the proceedings of the meetings of 
the Authority or the Committees shall be recorded and confirmed; 
(xvi) to prescribe the manner in which the Authority shall prepare and submit 
its budget to the Provincial Government; 
 (xvii) to prescribe the qualifications for appointment to the posts requiring 
professional skill; 
(xviii) as to the procedur e to be followed for the employment, punishment 
including suspension, removal or dismissal of officers and servants of 
the Authority and appeals from orders of punishment; 
2
[(xix) to prescribe the manner in which and the officers to whom appeals and 
revisions shall lie against the orders passed by the Chairman or an y 
officer of the Authority or the Administrator or any othe r officer of 
Provincial Government in connection with the colonization of lands 
belonging to and vested in the Authority.]] 
 (2) All acts  authorised or enjoined under this Act shall be held to be 
authorised or enjoined subject to such rules. 
51. Power of the Authority to make Bye-laws.– The Authority may from time to 
time with the previous sanction of the Provincial Government, make bye -laws 
consistent with this Act and with any rules made under this  Act by the Provincial 
Government– 
(i) for fixing the amou nt of security to be furnished by any officer or 
servant of the Authority from whom it may be deemed expedient to  
require security; 
(ii) for associating persons with the Authority under subsection ( 1) of 
section 12; 
(iii) for regulating the delegation of p owers or duties of the Authority to 
committees or to the Chairman; 
(iv) for the guidance of persons employed by it under this Act; 
(v) for the management, use and regulation of dwellings constructed under 
any scheme under this Act; and 
(vi) generally for d ischarging of the functions of the Authority under this 
Act. 
52. Printing and sale s of copies of Bye-laws.– (1) The Chairman shall cause 
the bye -laws made under section 46 to be printed and shall ca use printed copies 
thereof to be delivered to any applicant on payment of such fees as may be fixed. 
 (2) Notice of the fact of copies of bye -laws being obtainable at the said 
price and of the pl ace where and the person from whom the same are obtainable 
shall be given by the Chairman by advertisement in a newspaper or newspapers. 
 
1Added by the Act ibid. 
2Substituted by the Thal Development (Amendment) Act, 1973 (XXVII  of 1973) (w.e.f. July 29 , 1949), published in the Punjab 
Gazette (Extraordinary), dated December 29, 1973, pp. 1941-G-1941-I, s. 2. 
53. Power of Provincial Government to cancel bye -laws made under section 
51.– The Provincial Go vernment may, after prev ious publication of its intention, 
cancel any bye -laws made b y the Authority which it has sanctioned, and thereupon 
the bye-laws shall cease to have effect. 
CHAPTER IX 
PROCEDURE AND PENALTIES 
54. Stamping signature on notices or bil ls.– Every notice or bil l issued by the 
Authority under this Act shall be signed by t he Chairman, or by any other Member or 
any officer or serv ant of the Authority specially or generally authorized by the 
Authority, or so authorised by the Chairman under s ubsection (1) of section  19, and 
every such notice or bill shall be deemed to be prop erly signed, if it bears the 
facsimile of the signature of  the Chairman or such Member, officer or servant 
stamped or printed thereon. 
55. Method of giving public notice .– Subject to the provisions of this Act, every 
public notice required under this Act s hall be deemed to have been duly given if it is 
published in some newspaper and posted upon a notice board to be exhibited for 
public information at the building in which the meetings of the Authority are ordinarily 
held. 
56. Service of notice.– (1) Every notice other than a public notice, and every bill, 
issued under this Act shall, unless it is under this Act otherwise expressly provided, 
be served or presented– 
(a) by giving or tendering the notice or bill, or sending it by registered post, 
to the person to whom it is addressed, or 
(b) if such person cannot be found, then by leaving the notice or bill at his 
last known place of abode, or by giving or tendering it to some adult 
male member or servant of his family, ordinarily residing with him, or by 
causing it to be affixed on some conspicuous part of the buildi ngs or 
land to which it relates. 
 (2) When a notice is required or permitted under this Act to be served 
upon an owner, occupier or tenant, as the case may be, of a building or land, it shall 
not be  necessary to name the owner, occupier or tenant therein, and the service 
thereof, in cases not otherwise specially provided for in this Act, shall be effected 
either– 
(a) by giving or tendering the notice, or sending it by post, to the owner, 
occupier or tenant, or if there be more owners, occupiers or tenants 
than one to any one of them; or 
(b) if such owner, occupier or tenant cannot be found, then by giving or 
tendering the notice to an adult male member or servant of his family 
ordinarily residing with  him or by causing the notice to be affixed on 
some conspicuous part of the building or land to which it relates. 
 (3) Whenever the person on whom a notice or bill is to b e served is a 
minor, ser vice upon his guardian or upon an adult male member or servan t of his 
family ordinarily residing with him shall be deemed to be service upon the minor. 
57. Disobedience to Act or to notice .– Where under this Act or a notice issued 
thereunder the public or any person is required to do or to refrain from doing 
anything, a person who fails to comply with such requisition shal l, if such failure is 
not an offence punishable under any other section, be liable on conviction by a 
Magistrate to a fine not exceeding five hundred rupees for every such failure, and in 
the case of a continuing breach, to a further fine which may extend to fifty rupees for 
every day after the date of  the last conviction during which the offender is proved to 
have persisted in the breach: 
 Provided that when the notice fixes a time within which a ce rtain act is to be 
done, and no time is specified in this Act, it shall rest with the Magistrate to 
determine whether the time so fixed was a reasonable time within the me aning of 
this Act. 
58. Powers of the Authority to execute works on failure to comply with 
notice.– If a notice has been given by the Authority under this Act to a person 
requiring him to execute a work in respect of any property, movable or immovable, 
public, or private, or to pr ovide or do or refrain from doing anything within a time 
specified in the notice, and if such person fails to comply wi th such notice, then the 
Authority may cause such work to be executed or such thing to be provided or done, 
and may recover all expenses incurred by it on such account from the said person. 
59. Liability of occupier to pay in default of owner .– (1) If the person to whom 
the notice mentioned in section 53 has been given is the owner of the property in 
respect of which  it is given, the Author ity may (whether any action or other 
proceedings has been bro ught or taken against such owner or not) require the 
person (if any) who is the occupier or tenant of such property or a part thereof under 
such owner, to pay to the Autho rity instead of paying t o the owner the rent payable 
by him in respect of such proper ty, as it falls due, up to the amount recoverable from 
the owner under section 58; and any such payment made by the occupier or tenant 
to the Authority shall, be deemed to have been made to the owner of the property. 
 (2) For the purpose of deciding whethe r action should be taken under 
subsection (1) the Authorit y may require an occupier or tenant of property to furnish 
information as to the sum payable by him as rent on account of such property and as 
to the name and address of the person to whom it is pay able; and if the occupier or 
tenant refuses to furnish suc h information he shall be liable for the whole of the 
expenses as if he were the owner. 
60. Right of occupier to execute works in default  of owner .– Whenever 
default is made by the owner of a buildi ng or land in the execution of a work required 
under this Act to be executed by him, the occupier or tenant of such building or land 
may, with the approval of the Authorit y, cause such work to be  executed and the 
expense thereof shall be paid by the owner,  or the amount may be deducted out of 
the rent from time to time becoming due from him to such owner. 
61. Procedure upon opposition to execution by occupier .– (1) If, afte r 
receiving information of the intention of the owner of any building or land to take  any 
action in respect thereof in compliance with a notice  issued under this Act, the 
occupier or tenant refuses to allow such owner to take such action, the owner may 
apply to a Magistrate. 
 (2) The Magistrate upon proof of such refusal may by order in wr iting 
require the occupier or tenant to give the owner rea sonable facility for executing 
such works, with respect to such building or land, as may be necessary for 
compliance with the notice, and  may also, if he deems fit, order the occupier or 
tenant to pay to the owner the costs relating to such application or order. 
 (3) If, after the expiration of eight days from the date of the Magistrate’s 
order, the occupier or tenan t continues to refuse to  allow the owner to execute such 
work the occupier or tenant shall be liable upon conviction, to a fine which may 
extend to twenty -five rupees for every day during which he has so continued to 
refuse. 
 (4) Every owner, during the co ntinuance of such refusa l, shall be 
discharged from any penalties to which he might o therwise have become liable by 
reason of his default in the execution of such works. 
62. Recovery of cost of work by the occupier.– When the occupier or tenant of a 
building or land has, in compl iance with a notice issued under this Act, executed a 
work for which the owner of such building or land is responsible either in pursuance of 
the contract of tenancy or by law, he shall be entitled to recover from the owner by 
deduction from the rent payable by him or otherwise the reasonable cost of such work. 
63. Relief to agents and trustees .– (1) When a person, by reas on of his 
receiving, or being entitled to receive, the rent of immovable property as trustee or 
agent of a person  or society would, under  this Act, be bound to discharge an 
obligation imposed by thi s Act on the owner of the property for the discharge of 
which money is required, he shall not be bound to discharge the obligations unless 
he has, or but for his own impro per act or default might have had, in his hands funds 
belonging to the owner sufficient for the purpose. 
 (2) When an agent or trustee has claimed and established his right to relief 
under this section, the Authority may give him notice to apply to the dis charge of 
such obligation as aforesaid the moneys which come to his hands on behalf o r for 
the use of the owner, and should he fail to comply w ith such notice, he shall be 
deemed to be personally liable to discharge such obligation. 
64. Penalty for removing fence, etc.– If any person, without lawful authority– 
(a) removes any fence, or any  timber used for propping or supporting any 
building, wall  or other thing, or extinguishes any light set up at any 
place where the surface of a street or other ground has been opened 
or broken up by the Authority for the purpose of carrying out any work; 
or 
(b) infringes any order given, or removes any bar, chain  or post fixed by 
the Authority for the purpose of closing any street to traffic, 
he shall be punishable with fine which may extend to fifty rupees. 
65. Penalty for obstructing contractor or removing mark.– If any person– 
(a) obstructs, or molests any pers on with whom the Authority has entered 
into a contract under this Act in the performance or execution of the 
contract by such person, or 
(b) removes any mark set up for the purpose of indicating any  level or 
direction necessary to the execution of works authorised under this Act, 
he shall be punishable with fine which may extend to two hundred rupees or 
with imprisonment for a term which may extend to two months. 
66. Power of Authority in case of squ atters and trespasses .– When the 
Chairman is satisfied tha t any person has taken or is in possession of land 
comprised in any scheme, or any other land owned by or vested in the Authority, to 
which he has no right or title, the Chairman, or any person auth orised by him in 
addition to any other powers he may posse ss, may forthwith, with the use of such 
force as may be necessary, re-enter upon the land, and resume possession of it and 
take possession of all crops, trees and buildings thereon on behalf of the Authority 
without payment of any compensation whatsoever. 
67. Penalty for unauthorized cultivation etc.– If any person, without permission 
of the Chairman of the Authority– 
(a) clears or breaks up for cultivation or cultivates any land which is owned 
by or  in the possession of the Authority and is not included in  any 
tenancy or allocated residential enclosures, or which has been set 
apart for the common purposes of a town o r a village community or  
section of the same or for a road, canal or watercourse; or 
(b) erects any buildings on any such land; or 
(c) fells or otherwise destroys standing trees on such land; or 
(d) otherwise encroaches on any such land; or 
(e) makes an excavation or constructs a water channel on any such land, 
 he shall be punished on conv iction by a Magistrate with a fine not 
exceeding two hundred rupees. 
Explanation.– The felling of trees planted by an owner or tenant on any village road 
or watercourse traversing his holding is not an offence under this section. 
68. Additional powers of t he Chairman of the Authority in regard to 
offences.– When the Chairman of the Authority is satisfied that an act punishable 
under section 67 has been committed he may in lieu of proceedings again st the 
offender under that section or after conviction of the offender under that section– 
(i) in the case of an offen ce under section 67, subsection (a) confiscate 
the crops growing on any land cultivated in contravention of this Act or, 
if the crops have been cut, recover such sum as he may assess as the 
value thereof from the offender; 
(ii) in the case of an offence un der section 67, subsection (c), recover 
such sum as he may assess as the value of the trees or tree 
destroyed; 
(iii) in the case of an off ence under section 67, subsections (b), (d) or (e) 
cause the building or other encroachment to be demolished or 
removed or the excavation or channels to be filled up and levy the cost 
of so doing from the person responsible for such act. 
CHAPTER X 
SUPPLEMENTAL PROVISIONS 
69. Members, etc., deemed public servants .– Every member, and every officer 
and servant of the Authori ty, and every member and officer and servant of the 
Tribunal, shall be deemed to be a public servant within the m eaning of section 21 of 
the 
1
[Pakistan] Penal Code. 
CONTRIBUTIONS BY THE AUTHORITY TOWARDS LEAVE, 
ALLOWANCES AND PENSIONS OF GOVERNMENT SERVANTS 
70. Contributions by the Authority towards leave, allowances and pensions 
of Government servants .– The Authority shall be liable to pay such contributions 
for the leave, allowances and pension of a ny Government servant employed as 
Chairman or as an offic er or servant of the Authority, or as a member or officer or 
servant of the Tribunal as may be required by the co nditions of his service under the 
Government to be paid to him or on his behalf. 
LEGAL PROCEEDINGS 
71. Authority for prosecution .– No court sha ll take cognizance of any offence 
punishable under this Act, except on the complaint of the Chairman or some pers on 
authorised by the Auth ority or by the Chairman by general or special order in this 
behalf. 
72. Recovery of dues .– The Chairman or any person  generally or specially 
authorised by him may apply to the Collector for the recovery of any sum due under 
this A ct or by agreement made u nder this Act and the Collector shall thereupon 
proceed to recover the sum due as if it were an arrear of land revenue. 
73. Powers of Chairman as to institution, etc., of legal proceedings and 
obtaining legal advice.– The Chairman may, subject to the control of the Authority– 
(i) institute, defend or withdraw from legal proceedings under this Act, 
(ii) compound any offence against this Act, 
(iii) admit, compromise or withdraw any claim made under this Act, and 
(iv) obtain such legal  advice and assistance as  he may, from time to time, 
deem it necessary or expedient to  obtain, or as he may be desired by 
the Authority to obta in, for any of the purposes referred to in the 
foregoing clauses of this section, or for securing the lawful exer cise or 
discharge of any power or duty vested in or imposed upon the Authority 
or any officer or servant of the Authority. 
74. Indemnity to the  Authority.– No suit shall be maintainable against the 
Authority, or any Member, or any officer or servant of the  Authority or any person 
acting under the direction of the Authority, or of the Chairm an or of any officer or 
servant of the Authority in respe ct of anything done lawfully and in good faith and 
with due care and attention under this Act. 
 
1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published i n 
the Punjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. 
1
[74-A. Bar of Jurisdiction of Civil Courts.– A Civil Court shall have no jurisdiction 
in any matter, wh ich the Collector is empowered by this Act to dispose of and shall 
not take cognizance of the manner in which the Provincial Government, Board of 
Revenue, Collector or any other Revenue Officer e xercises any power vested in him 
by or under this Act.] 
75. Notice of suit against the Authority, etc .– (1) No suit sh all be instituted 
against the Authority or any Member, or any person associated with the Authority 
under section 12 or any member of a Com mittee appointed under section 13 or any 
officer or servant o f the Authority or any person acting under the direction of the 
Authority or of the Chairman or of any officer or servant of the Authority, in respect of 
an act purportin g to be done under this A ct, until the expiration of two months next 
from notice in wr iting has been, in the case of the Authority, left at its  office, and in 
any other case delivered to or left at the office or place of abode of the person to be 
sued, explicitly stating the cause of action, the nature of the relief sought, the amount 
of compensation claimed and the name and place of abode of the  intending plaintiff; 
and in case the suit is filed the plaint shall contain a statement that such notice has 
been so delivered or left. 
 (2) If the Authority or other person referred to in subsectio n (1) shall before 
the action is commenced have tendered in the opinion of the court sufficient amends 
to the plaintiff the plaintiff shall not recover any sum in excess of the amount so 
tendered and shall also pay all costs incurred by the defendant after such tender. 
 (3) No action such as is described in subs ection (1) shall, unless it is an 
action for the recovery of immovable property or for a declaration of the title  thereto, 
be commenced otherwise than within six months next after the accrual of the cause 
of action: 
 Provided that nothing in subsection (1)  shall be construed to apply to a suit 
wherein the only relief claimed is an injunction of which the object would  be defeated 
by the giving of the notice or the postponement of the commencement of th e suit or 
proceedings. 
 
2
[(4) Where any such suit is inst ituted without delivering or leaving such 
notice as aforesaid or before the expiration of the said period of two months or where 
the plaint does not contain a statement that such notice has been so delivered or left, 
the plaintiff shall not be entitled to any costs.] 
EVIDENCE 
76. Mode of proof of the Authority records.– A copy of any receipt, application, 
plan, notic e, order, entry in a regis ter, or other document in the possession of the 
Authority, sh all if duly certified by the legal  keeper thereof, or ot her person 
authorised by the Authority in this behalf  be received as prima facie evidence of the 
existence of the entry or document and sha ll be admitted as evidence of the matters 
and transactions th erein recorded in every case where, and to the same exte nt, as 
 
1Added by the Thal Development (Punjab Amendment) Act, 1975 (XLVI of 1975) (w.e.f. July 29, 1949), published in the Punjab 
Gazette (Extraordinary), dated July  19, 1975, pp.  995-A-995-B, s.  2. The Act  ibid. extends to the Districts of Mianwali and 
Muzaffargarh and the Khushab Sub-Division of Sargodha District; provided that the Provincial Government may by notification 
extend all or any of the provision of this Act in any other part of the Province of the Punjab, s. 1(3).  
2Added by the Thal Development (Amendment) Ordinance, 198 5 (XIII of 1985), published in  the Punjab Gazette 
(Extraordinary), dated February 23, 1985, s. 2(d). 
the original entry or document would, if produced, have been admissible to prove 
such matters. 
77. Restriction on the summoning of t he Authority servants to produce 
documents.– No member or off icer or servant of the Authority shall in any legal 
proceedings to which the Authority is not a party be required to produce any register 
or document the contents of whi ch can be proved under the  preceding section by a 
certified copy, or to appear as a wit ness to prove the matters and transactions 
recorded therein unless by order of the Court made for special cause. 
VALIDATION 
78. Validation of acts and proceedings .– (1) No act done or proceedings  taken 
under this Act shall be questioned on the ground merely of– 
(a) the existence of any vacancy in, or any defect  in the constitution of the 
Authority or, of any committee; or 
(b) any person having ceased to be a Member; or 
(c) any Member or any person  associated with the Authority under section 
12 or any other member of a committee appointed under this Act , 
having v oted or taken any part in any proceeding in contravention of 
section 15; or 
(d) the failure to serve a notice on any person, where no subst antial 
injustice has resulted from such failure; or 
(e) any omission, defect or irregularity not affecting the merits of the case. 
 (2) Every meeting of the Authority, the minutes of the proceedings of which 
have been duly signed as prescribed in clause (e), subsection (1) of section 11, shall 
be taken to have been duly convened and to be free from all defects and 
irregularities. 
COMPENSATION 
79. General power of the Authority to pay compensation .– In any case not 
otherwise express ly provided for in this Ac t the Authority may pay reasonable 
compensation to any person who sustains damage by reason of the exercise of any of 
the powers vested under this Act in the Authority or the Chairman or any officer or 
servant of the Authority. 
80. Compensation for damage to Authority’s property .– (1) If on account of 
any act or omi ssion, any person has been convicted of any offence unde r this Act, 
and by reason of such act or omission damage has occurred to any property of the 
Authority, compensat ion shall be paid by the s aid person for the said damage 
notwithstanding any punishment to which he may have been sentenced for the said 
offence. 
 (2) In the event of dispute, the amount of compensation payable by the 
said person shall be determined by the  Court before whom he was convicted of the 
said offence. 
 (3) If the amount of any comp ensation due under this section be not paid, 
the same shall be recovered under a warrant from the said Magistrate, as if it were a 
fine imposed by him on the person liable therefor. 
DISSOLUTION OF THE AUTHORITY 
81. Ultimate dissolution of the Authority and  transfer of its assets and 
liabilities to an Administra tor.– (1) When all schemes sanctioned under this Act 
have been executed or have been so far executed as to render  the continued 
existence of the Authority, in the opinion of the Provincial Government,  unnecessary, 
or when in the opinion of the Provincial G overnment it is expedient that the Authority 
shall cease to exist, the Provincial Government may by notification declare that the 
Authority shall be dissolved from such date as may be specified in this behalf in such 
notification; and the Authority shall be deemed to be dissolved accordingly. 
 (2) From such date– 
(a) all properties, funds and dues which are vested in  or realisable by the 
Authority and the Chairman respectively shall vest in and be real isable 
by an Administrator appointed by the Provincial G overnment in this 
behalf, 
(b) all liabilities which are enforceable against the Authority shall be 
enforceable only against the Administrator, 
(c) for the purpose of completing the execution of any sc heme, sanctioned 
under this Act which has not been fully  executed by the Authority, and 
of realising properties, funds, and dues referred to in clause (a) the 
functions of the Authority and the C hairman under this Act shall be 
discharged by the Administrator, and 
(d) the Administrator shall keep separate accoun ts of all moneys 
respectively received and expended by him under this Act, until all 
loans raised hereunder have been repaid, and until all  other liabilities 
referred to in clause (b) have been duly met. 
 
1
[(3) The Administrator may delegate any of his pow ers and functions under 
this section to any authority or officer subordinate to the Provincial Government, or 
any person employed by the Authority under section 16.]  
 
2
[(4) The Administrator may dispos e of the rights, properties and  assets of 
the Authority, and discharge the liabilities of the Authority, subject to such directions 
as may be given by Government from time to time.  
 (5) The Admi nistrator, in the matter of writing off losses, shall have th e 
same powers as are conferred by the Government on its Administrative Department: 
 Provided that cases involving writing off losses for amounts larger than those 
covered by the powers given by th is sub -section shall be referred by the 
Administrator to and decided by the Government.  
 
1Added by the Thal Development Act (West Pakistan Amendment) Ordinance, 1969 (XXIX of 1969), published in the Gazette of 
West Pakistan (Extraordinary), dated November 4, 1969, pp. 1957-1958, s. 2. 
2Added by the Thal Development (Amendment) Act, 1973 (XXVII of 1973), published in the Punjab Gazette (Extraord inary), 
dated December 29, 1973, pp. 1941-G-1941-I, s. 3.  
 (6) Any properties and a ssets left over after all the liabilities have been 
discharged shall vest in the Government and all liabilities left undischarged after all 
the properties and assets have been disposed of shall become the  liabilities of the 
Government.  
 (7) The Administrator shall be deemed to have always had the powers to 
make such provision as may appear to him to be necessary an d expedient for such 
other matte rs, including the withhold ing of the payment of Authority’ s c ontribution 
towards the Provident Fund of a subscri ber or the retrenchment, transfer, absorption 
or reinstatement of the servants of the Authority as may be incide ntal to or 
consequential upon the dissolution of the Authority.] 
1
[82. Cessation of certain p rovisions of the Ordinance .– Clause (i) of 
subsection (1) of section 21, sub section (2) of section 21, section 35 and section 36 
shall cease to operate after twelv e months from th e date of commen cement of the 
Thal Development Act (Amendment) Ordinance, 1955
2
:  
 Provided that the cessation of the provisions  hereinbefore mentioned shall 
not–  
(a) affect any right, privilege, obligation or liability acquired, accrued o r 
incurred; or  
(b) affect any penalty, forfeiture or punishment in respect of anything done 
or suffered thereunder before the said provisions ceased to operate.] 
3
[Delegation of powers , duties and functions by the Provincial 
Government 
83. Delegation of p owers, duties and functions by th e Provincial  
Government.– The Provincial Government may, by notification, delegate any of its 
powers, duties and functions under this Act to any authority subordinate to it.] 
 
 
 
 
 
 
 
1Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated 
April 25, 1955, pp. 301-311, s. 28. 
2XX of 1955. 
3Added by the Thal Develop ment (West Pakistan Second Amendment) Ordi nance, 1959 (XLIV of 1959), published in the 
Gazette of West Pakistan (Extraordinary), dated August 1, 1959, pp. 721-722, s. 2. 
SCHEDULE 
(Referred to in section 35) 
Further modifications in the Land Acquisition Act, 1894 (hereinafter called “the said 
Act”) 
1. Amendment of section 3 .– After clause (g) in section 3 o f the said Act, the 
following shall be deemed to be added:– 
(h) “Authority” shall mean the Thal Development Authority appointed under 
the Thal Development Act, 1949. 
1
[(i) “Net income” from land shall mean  the n et assets or the landlord’ s 
share, as assumed by the Settlement Officer for the same class of land 
in the same Assessment Circle, during the last Settlement subjec t to a 
deduction of 25 per cent on account of land revenue, cesses, collection 
charges and other dues:  
Provided that in the case of such land as has not borne at least four 
harvests during the four years immediately preceding the date of the 
publication of the first notice under section  22 of the Thal Development 
Act, 1949, or the date of notific ation under section 36 of that Act, 
whichever is earlier, the “net income” shall mean one -third of the net 
assets or the landlord’ s share as assumed at the last Se ttlement for 
barani land in the same Assessment Circle during the last Settlement , 
subject to  a deduction of 25 per cent on account of lan d revenue, 
cesses, collection charges and other dues.] 
(j) “rates and cesses” have the same meaning as given in sectio n 3(9) of 
the Land Revenue Act, 1887
2
. 
2. Notification under section 4 and declaration under section 6 to be 
replaced by notification unde r sections 22 and 26 of this Act .– (1) The first 
publication of a notice of a development scheme under section 22 of t he Thal 
Development Act, 1949, s hall be substituted for and have the same effect as 
publication in the Gazette and in the locality, of a n otification under subsection (1) of 
section 4 of the said Act, except where a notification under section 4 or a declar ation 
under section 6 of the said Act has previously been made and is still in force. 
 (2) Proceedings under section 23 and subsection (1)  of section 24 of the 
Thal Development Act shall be substituted for and have the same effect as 
proceedings under section 5A of the said Act. 
 (3) Subject to the provisions of paragraphs 10 and 11 of this Schedule, the 
publication of a notification under s ection 26 of the Thal Development Act shall be 
substituted for and have the same effect as a declaration by the Provin cial 
Government under section 6 o f the said Act, unless a declaration under the last 
mentioned section has previously been made and is still in force. 
 
1Substituted by the Thal Development (Amendment), Act, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), 
dated January 25, 1951, pp. 19-21, s. 3. 
2Pb. Act XVII of 1887 which repealed by the Punjab Land Revenue Act, 1967 (XVII of 1967). 
1
[2-A. Amendment of section 9 .– In subsection (2) of section 9 of the said Act, 
after the first sentence ending with the word and figure “ section 8”, the following 
sentence shall be deemed to have been inserted:–  
 “The notice shall furthermor e contain a direction to the effect that any person 
interested may, if he so chooses, while preferring his claim to co mpensation 
for his interest in the  land, intimate to the Collector in writing his option that 
compensation be paid to him–  
(a) on the bas is of the average price derived from the sale transactions in 
respect of which mutations have been attested during the  five years 
immediately preceding the 30th June, 1939, and which relate to the 
same class of la nd in the same revenue estate in which the land to be 
acquired is situated; or  
(b) if no mutations of sale transactions of land in that revenue estate were 
attested during the five years precedi ng the 30th June, 1939, then on 
the basis of the average pric e derived from the sale transactions 
relating to the same class of land about which mutations have been 
attested during the said period in all the contiguous rev enue estates in 
the same assessment circle.”] 
3. Amendment of section 11.– The full stop at the end of section 11 of the said 
Act shall be  deemed to be changed to a semi -colon, and the following shall be 
deemed to be added, namely:– 
 “and (iv) the costs wh ich, in his opinion, should be all owed to any person who 
is found to be entitled to compensatio n, as having been actually and 
reasonably i ncurred by such person in preparing his claim and putting his 
case before the Collector. 
 The Collector may disallow, wholly or in part, costs incurred by any person, if 
he considers that the claim made by such pe rson for compensation is 
extravagant.” 
4. Amendment of section 15 .– In section 15 of the said Act, for the word and 
figures “and 24” the figures, word, and lette r “24” and “24-A”, preceded by a comma, 
shall be deemed to be substituted. 
5. Amendment of section 17.– For section 17 of the said Act the following shall 
be deemed to be substituted:– 
 “17.(1) In cases where the Authority considers it expedient to take po ssession 
of the land at any time be fore an award under section 11 of the Land 
Acquisition Act has been made it shall notify this fact in writing to the Collector 
intimating in addition the date by which the land is required by it. The Collector 
shall after causing a notice to this effect to be served on the person interested 
take possession of the la nd and transfer it to the Authority in who m it shall 
vest absolutely free from all encumbrances subject to its liability to pay any 
amount which may be incurred on account of acquisition. 
 
1Substituted by the Thal Development (Amendment), Act, 1951 (V of 1951), published in the  Punjab Gazette (Extraordinary), 
dated January 25, 1951, pp. 19-21, s. 4. 
 (2) The Collector shall at the time of taking possession of land off er 
to the persons interested compensation  for the standing crops and trees (if 
any) on such land and for any other damage sustained by them on account of 
dispossession and not excepted in section 24 or 24-A; and, in case such offer 
is not accepted, the val ue of such crop or trees and the amount o f such other 
damage shall be allowed for in awarding compensation for the land under the 
provisions herein contained”. 
6. Insertion of section 17-A.– After section 17 of the said Act the following shall 
be deemed to be inserted, namely:– 
 “17-A. Transfer of land to Authority.– In every case referred to in section 16 
the Collector shall, upon payment or  
1
[tender of  Compensation] for 
acquisition, make over c harge of the land to the Authority and the land shall 
thereupon vest in the Authority, subject to the liability of the Authority to pay 
any further compensation or costs which may be incurred on account of its 
acquisition.” 
2
[6-A. Insertion of section 17 -B.– After section 17-A of the said Act as inserted by 
paragraph 6 of this Schedule, the following secti on shall be deemed to have been 
inserted, namely:–  
 “17-B. Notwithstanding anything to the contrary contained in this  Act, if the 
Authority has given an u ndertaking as  contemplated by subsection (4) of 
section 36 o f the Thal Development Act, 1949, in resp ect of any land, the 
compensation payable in respect of such land shall be equivalent to the “Net 
income” from the land for the period that the land remains in the possession of 
the Authority.”] 
7. Amendment of sect ion 18 .– (1) The words “or the Authority”  shall be 
deemed to be added between words “aw ard” and “may” under section 18 (1) of the 
said Act. 
 (2) The full stop at the end of subsection (1) of secti on 18 of the said Act 
shall be deemed to be changed to a comma and the words “or the amount of costs 
allowed” shall be deemed to be added. 
8. Amendment of section 19 .– After the words “amount of compensation”, in 
clause (c) of section 19 of the said Act, t he words “and of costs (if any)” shall be 
deemed to be inserted. 
9. Amendment of section 20 .– (1) Afte r the words “amount of the 
compensation” in clause (c) of section 20 of the said Act, the words “or costs” shall 
be deemed to be inserted. 
 (2) Between the words “Collector” and the full-stop at the end of section 20 
of the said Act, the words “and the Authority” shall be deemed to be added. 
 
1Substituted for the words “t ender compensation” by the Pun jab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 
1955), published in the Punjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. 
2Substituted by the Thal Development (Amendment), Act, 1951 (V of 1 951), published in the Punjab Gazette (Extraordinary), 
dated January 25, 1951, pp. 19-21, s. 5. 
 (3) The following shall be deemed to be added as clause  (2) and (3) to 
section 20 of the said Act:– 
“(2) The Authority or any person to whom a notice is issued under clause 
(b) or (c) of this section may support the aw ard and may also take any 
cross objections which could have been taken by making an 
application for reference, provide d such objection is filed within one  
month from the date of service of the notice under this sect ion or within 
such further time as the Tribunal may see fit to allow. 
(3) The provisions of the Code of Civil Procedure, 1908, relating to cross 
objections fil ed under that code shall, so far as may be, apply to the 
cross objections filed under this Act.” 
10. Amendment of section 23 .– (1) In clau se first and clause sixthly of 
subsection (1) of section 23 of the said Act, for the words “at the date of publication  
of the notification under section 4 , subsection (1)” and the words “the time of the 
publication of the declaration under section 6” shal l be deemed to be substituted  the 
words “on 16th June 1949”. 
 (2) The following shall be deemed to have been added unde r subsection 
(1) of section 23 of the said Act:– 
 “Seventhly, any payment made under the Punjab Thal (Increase in Value) Act, 
1940, as ame nded by West Punjab Thal (Increase in Value) (Amendment) 
Act, 1949”. 
 
1
[(3) For subsection (2) of section 23 of the sa id Act the following shall be 
deemed to have been substituted, namely:–  
 “(2) For the p urpose of c lause “first” of sub section (1), the ma rket 
value of the land shall be deemed to be 20 times the annual net income from 
such land subject to the following provisos:–  
Proviso 1– If any person int erested exercises the option to claim 
compensation as provide d in sub section (2) of section 9 of thi s Act as 
amended by the Thal Development Act, 1949, the market value so far as his 
interest in the land is concerned, shall be assessed accordingly. 
Proviso 2– In respect of the land which is situated within the limit s of a 
Municipal Committee, Small Town Committee, Notified Area Committee, or 
recorded village abadi of a revenue estate, or which is attached to a house, 
manufactory or other building and is rea sonably required for the enjoyment 
and use of such house, manufactory or building, the market value shall be the 
market value according to the use to which the land was put at the time of the 
publication of the first n otice under section 22 of the Thal Dev elopment Act, 
1949, or the issue of the notification under se ction 36 of that Act, whichever is 
earlier.”] 
11. Amendment of section 24 .– For clause Seventhly of section 24 of the said 
Act, the following shall be deemed to be substituted, namely– 
 
1Substituted by the Thal Development (Amendment), Act, 19 51 (V of 1951), published in the Punjab Ga zette (Extraordinary), 
dated January 25, 1951, pp. 19-21, s. 6. 
 “Seventhly, any outlay on additions or improvements to land acquired, which 
was incurred after the date with reference to which the market value is to be 
determined, unless it is proved that these were necessary to keep the lan d in 
a fit state to command the profit s accruing on the said date and were made in 
good faith and n ot in contemplation of proceedings for compulsory 
acquisition”. 
12. New section 24 -A.– After section 24 of the said Act the following shall be 
deemed to be inserted, namely– 
 “24A. Further provisi on for determining compensation .– In determining 
the amount o f compensation to be awarded for any l and acquired for the 
Authority under the Thal Development Act, 1949, the Court shall also have 
regard to the following provisions, namely– 
(1) when any inter est in any land acquired under this Act has been 
acquired after the date with reference to which th e market value is to 
be determined, no separate estimate of the value of such interest shall 
be made so as to increase  the amount of compensation to be paid for 
such land; 
(2) if, in the opinion of the Court, any building is in a defective state, from a 
sanitary point of view, or is not in a reasonably good state of repair, the 
amount of compensation for such building sha ll not exceed the sum 
which the Court considers the building would be worth if it were put into 
a sa nitary condition or into a reasonable good state of repair, as the 
case may be, less the estimated cost of putting it into such condition or 
state; 
(3) if, in the opinion of the Court any buildin g which is used or is intended 
or is likely to be used for hu man habitation, is not reasonably capa ble 
of being made fit for human habitation, the amount of compensation for 
such building shall not exceed the value of the materials of the building, 
less the cost of demolishing the building.” 
13. Amendment of section 25.– (1) In subsection (1) of section  25 the words “or 
be less than the amount awarded by the Collector under section 11” shall be 
deemed to be deleted. 
 (2) The following may be added as subsection (4) of section 25. 
 “(4) The Court shall be competent to award an amount less than that 
awarded by the Collector, if, after consideration of any reference or cross 
objection, it is of the opinion that the amount awarded by the Collector is 
excessive.” 
14. Amendment of section 31 .– (1) After the words “compensati on” in 
subsection (1) of section 31 o f the said Act, and after the words “the amount of 
compensation” in subsection (2) of that section the words “and costs (if any)” shall be 
deemed to be inserted. 
15. New section 48 -A.– After section 48 of the said Act t he following shall be 
deemed to be inserted, namely– 
 “48-A. Compensation to be awarded when 
1
[award not made] within three 
years.– (1) If within a period of three years from the date of the publ ication of 
the notification under section 26 of the Thal Deve lopment Act, 1949, in 
respect of any land, the Collector has not made an award under section 11 
with respect to such land, the owner of the land shall, unl ess he has been to a 
material extent responsible for the delay, be entitled to receive compensation 
for the damage suffered by him in consequence of the delay. 
 (2) The provisi ons of Part III of the said Act  shall apply, so far as 
may be, to the determination of the compensation payable under this section.” 
16. Amendment of section 49.– After subsection (1 ) of section 49 of the said 
Act, the following shall be deemed to be inserted, namely:– 
 “(1a) For the purpose of subsection (1), land which is held with and 
attached to house and is reasonably re quired for the enjoyment and use of 
house shall be deemed to be part of the house”. 
17. Amendment of section 50 .– In subsection (2), of section 50 of the said Act, 
the words “or the Thal Development Authority”, sha ll be deemed to be added 
between the words  “concerned” and “may” and the proviso to this subsection sha ll 
be deemed to be deleted. 
18. Deletion of section 54 .– Section 54 of the said Act shall be deemed to be 
deleted. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1Substituted for the words “land not acquired” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), 
(w.e.f. 21.01.1955), published in the Punjab Gazette (Extraordinary) , dated January 21, 1955, pp. 87 -108, s. 2 read with First 
Schedule.