{ "schema_version": "qanun-law-text/1", "id": "punjab-code-82c08a8ab5a33cfd", "title": "THAL DEVELOPMENT ACT, 1949", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ATQBNgs1Bzc-", "version": null, "source_snapshot": "2026-08-06T17:03:29Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "fe2f5dda230b26370abdafc3c4229a358764071cf0c5d62a8071a8e79970fb20", "source_sha256": "fe2f5dda230b26370abdafc3c4229a358764071cf0c5d62a8071a8e79970fb20", "text_version_id": "law:punjab-code-82c08a8ab5a33cfd:sha256:fe2f5dda230b26370abdafc3c4229a358764071cf0c5d62a8071a8e79970fb20", "quality_flags": [], "encoding": "UTF-8", "text": "THE THAL DEVELOPMENT ACT, 1949 \r\n(XV of 1949) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nCONSTITUTION OF THE AUTHORITY \r\n3. Creation and incorporation of the Authority. \r\n4. Constitution of the Authority. \r\n5. Term of office of Member. \r\n6. Commencement of term of office, re-appointment and resignation. \r\n7. [Omitted] \r\n8. Remuneration of Chairman and members. \r\n9. Removal of members. \r\n10. Disabilities of Members removed under section 9. \r\n11. Meetings of the Authority. \r\n12. Temporary association of members with the Authority for particular \r\npurposes. \r\n13. Constitution and functions of committees. \r\n14. Meetings of committees. \r\n15. Members and associated persons of the Authority or committee not to \r\ntake part in proceedings in which they are personally interested. \r\n16. Power of the Authority to fix number and salaries of permanent servants \r\nand appointments of temporary servants in cases of emergency. \r\n17. Power of appointment, etc. \r\n18. Control by Chairman. \r\n19. Delegation of certain powers of Chairman’s functions. \r\n20. Supply of information and documents to the Government. \r\n20-A. Powers of the Provincial Government to issue directions. \r\nCHAPTER IV \r\nSCHEMES AND PROCEDURE TO BE FOLLOWED \r\nIN FRAMING THEM \r\n21. Scheme for development. \r\n22. Preparation, publication and transmission of notice as to schemes, and \r\nsupply of documents to applicants. \r\n23. Notice of proposed acquisition of land. \r\n24. Abandonment of scheme, or application to Provincial Governm ent to \r\nsanction it. \r\n25. Power to sanction, reject or return scheme. \r\n26. Notification of sanction of scheme. \r\n27. Alteration of scheme after sanction. \r\n28. Inclusion of different localities in combined schemes. \r\n29. Passing over of works and services to local bodies. \r\nCHAPTER V \r\nPOWERS AND DUTIES OF THE AUTHORITY \r\n30. Powers and duties of the Authority. \r\n31. [Omitted] \r\n32. Power of the Authority for facilitating the movement of population. \r\n33. Power to make surveys or contribute towards their cost. \r\n34. Power of entry. \r\nCHAPTER VI \r\nACQUISITION, ABANDONMENT OF ACQUISITION \r\nAND LEVY OF DEVELOPMENT FEE \r\n35. Modification of Act I of 1894. \r\n36. Acquisition of land in urgent cases. \r\n37. Tribunals. \r\n38. Appeals. \r\n39. Abandonment of acquisition. \r\n39-A. Time limit for payment of compensation. \r\n40. Development Fee. \r\n41. [Deleted] \r\nCHAPTER VII \r\nFINANCE \r\n42. Authority Fund. \r\n42-A. The Budget. \r\n43. Power to levy taxes. \r\n44. Grants-in-aid. \r\n45. Power of the Authority to borrow money. \r\n46. Custody and investment of Authority Funds. \r\n47. Procedure if the Authority fails to make any payment in respect of loa ns \r\nof the Authority. \r\n48. Procedure if the Authority fails to make any payment due to Provincial \r\nGovernment. \r\n49. Payment by Provincial Government to be a charge on the property of the \r\nAuthority. \r\nCHAPTER VII-A \r\nAUDIT AND ACCOUNTS \r\n49-A. Maintenance of accounts and their audit. \r\n49-B. Submission of annual report to Government. \r\n49-C. Submission of Accounts an d Annual Report, etc. to the Provincial \r\nAssembly. \r\nCHAPTER VIII \r\nRULES AND BYE-LAWS \r\n50. Power of Provincial Government to make rules. \r\n51. Power of the Authority to make Bye-laws. \r\n52. Printing and sales of copies of Bye-laws. \r\n53. Power of Provincial Government to cancel bye-laws made under section \r\n51. \r\nCHAPTER IX \r\nPROCEDURE AND PENALTIES \r\n54. Stamping signature on notices or bills. \r\n55. Method of giving public notice. \r\n56. Service of notice. \r\n57. Disobedience to Act or to notice. \r\n58. Powers of the Authority to execute works on failure to comply with \r\nnotice. \r\n59. Liability of occupier to pay in default of owner. \r\n60. Right of occupier to execute works in default of owner. \r\n61. Procedure upon opposition to execution by occupier. \r\n62. Recovery of cost of work by the occupier. \r\n63. Relief to agents and trustees. \r\n64. Penalty for removing fence, etc. \r\n65. Penalty for obstructing contractor or removing mark. \r\n66. Power of Authority in case of squatters and trespasses. \r\n67. Penalty for unauthorized cultivation etc. \r\n68. Additional powers of the Chairman of the Authority in regard to \r\noffences. \r\nCHAPTER X \r\nSUPPLEMENTAL PROVISIONS \r\n69. Members, etc., deemed public servants. \r\nCONTRIBUTIONS BY THE AUTHORITY TOWARDS LEAVE, \r\nALLOWANCES AND PENSIONS OF GOVERNMENT SERVANTS \r\n70. Contributions by the Authority towards leave, allowances and pensions \r\nof Government servants. \r\nLEGAL PROCEEDINGS \r\n71. Authority for prosecution. \r\n72. Recovery of dues. \r\n73. Powers of Chairman as to institution, etc., of legal proceedings and \r\nobtaining legal advice. \r\n74. Indemnity to the Authority. \r\n74-A. Bar of Jurisdiction of Civil Courts. \r\n75. Notice of suit against the Authority, etc. \r\nEVIDENCE \r\n76. Mode of proof of the Authority records. \r\n77. Restriction on the summoning of the Authority servants to produce \r\ndocuments. \r\nVALIDATION \r\n78. Validation of acts and proceedings. \r\nCOMPENSATION \r\n79. General power of the Authority to pay compensation. \r\n80. Compensation for damage to Authority’s property. \r\nDISSOLUTION OF THE AUTHORITY \r\n81. Ultimate dissolution of the Author ity and transfer of its assets and \r\nliabilities to an Administrator. \r\n82. Cessation of certain provisions of the Ordinance. \r\nDELEGATION OF POWERS, DUTIES AND FUNCTIONS BY THE PROVINCIAL \r\nGOVERNMENT \r\n83. Delegation of powers, duties and functions by the Provin cial \r\nGovernment. \r\n----------------- \r\nSCHEDULE \r\n(Referred to in section 35) \r\n1. Amendment of section 3. \r\n2. Notification under section 4 and declaration under sectio n 6 to be \r\nreplaced by notification under sections 22 and 26 of this Act. \r\n2-A. Amendment of section 9. \r\n3. Amendment of section 11. \r\n4. Amendment of section 15. \r\n5. Amendment of section 17. \r\n6. Insertion of section 17-A. \r\n6-A. Insertion of section 17-B. \r\n7. Amendment of section 18. \r\n8. Amendment of section 19. \r\n9. Amendment of section 20. \r\n10. Amendment of section 23. \r\n11. Amendment of section 24. \r\n12. New section 24-A. \r\n13. Amendment of section 25. \r\n14. Amendment of section 31. \r\n15. New section 48-A. \r\n16. Amendment of section 49. \r\n17. Amendment of section 50. \r\n18. Deletion of section 54. \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE THAL DEVELOPMENT ACT, 1949 \r\n(XV of 1949) \r\n[29th July, 1949] \r\nAn \r\nAct \r\nto provide for the speedy development of the area brought under irrigation by the \r\nexecution of the Thal Project, and for the re-settlement thereon of refugees and \r\nothers and for the levy of Development Fee. \r\nPreamble.– WHEREAS the Governor of \r\n2\r\n[the Punjab] has, in pursuance of a \r\nproclamation issued by the Governor -General of Pakistan under section 92 -A of the \r\nGovernment of India Act, 1935, assume d, on behalf of the Governor -General, all \r\npowers vested in or exercisable by the Provincial Legislature under the said Act; \r\n NOW, THEREFORE, in exercise of the powers so assumed the Governor is \r\nhereby pleased to enact as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Title, extent and commencement .– (1) This Act may be called t he Thal \r\nDevelopment Act, 1949. \r\n \r\n3\r\n[(2) It extends to the districts of Mianwali, Bha kkar, Muzaffargarh, Layyah \r\nand Khushab; provided that the Provincial Government may by notification extend all \r\nor any of the provisions of this Act to any other part of the Province of the Punjab.] \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act unless there is anything repu gnant to the subject or \r\ncontext:– \r\n “Collector” has the same meaning as in clause (c) of section 3 of the Land \r\nAcquisition Act, 1894\r\n4\r\n; \r\n “Development Fee” shall mean a fee imposed under section 40 of this Act; \r\n “Holding” means a share or portion of an estate held by one landowner or by \r\ntwo or more landowners jointly; \r\n “Improvement” when made by a tenant means such improvement as the \r\ntenant is permitted to make under the conditions applicable to his tenancy; \r\n \r\n1This Act was promulgated and assented to by the Governor of the Punja b on July 28, 1949, published in the Punjab Gazette, \r\n(Extraordinary), dated July 29, 1949, pp. 127-152. \r\n2Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 1950), pu blished in the \r\nPunjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2. \r\n3Substituted by t he Thal Development (Amendment ) Ordinance, 2002 (LXXXII of 2002), (w.e.f. 1.7.1982), published in the \r\nPunjab Gazette (Extraordinary), dated December 13, 2002, pp. 3261-3262, s. 2, which was prote cted and continued in force \r\nunder the Provincial Constitution Order, 1999 (Chief Executive ’s Order N o. 1 of 1999) as amended by the Provisional \r\nConstitution (Amendment) Order, 1999 (Chief Executive's Order No. 9 of 1999) and Article 270AA of the Constituti on as \r\nsubstituted by the Constitution (Eighteenth Amendment) Act 2010. \r\n4I of 1894. \r\n “Land” inclu des land as defined in clause (a) of section 3 of the Land \r\nAcquisition Act, 1894\r\n1\r\n; \r\n “Local Area” means an area to which this Act has been extended; \r\n “Local Authority” has the same meaning as in section 2 of the Local \r\nAuthorities Loans Act, 1914\r\n2\r\n; \r\n “Member” means member of the Thal Development Authority appointed under \r\nsection 4 of this Act; \r\n “Notification” means a notification published in the \r\n3\r\n[the Punjab] Gazette; \r\n “Prescribed” means prescribed by rules made by Provincial Government \r\nunder this Act; \r\n “Rent” includes rent as defined in section 4(3) of the Punjab Tenancy Act, \r\n1887\r\n4\r\n; \r\n “Scheme” means a scheme framed under section 21 of this Act; \r\n “Tenant” includes the predecessors and successors-in-interest of a tenant; \r\n “Tribunal” means a Tribunal constituted under section 37 of this Act; \r\nthe expressions “tree”, “timber” and “cattle” have the meanings respectively \r\nassigned thereto in the \r\n5\r\n[*] Forest Act, 1927\r\n6\r\n. \r\nCHAPTER II \r\nCONSTITUTION OF THE AUTHORITY \r\n3. Creation and incorporation of the Authority .– The duty of carrying out the \r\nprovisions of this Act in any local area shall, subject to the conditions and limitations \r\nhereinafter contained, be vested in a Board to be called “The Thal Development \r\nAuthority”, hereinafter referred to as “The Authority” and the Board shall be a body \r\ncorporate, and shall have perpetual succession and a common seal, and shall by the \r\nsaid name sue and be sued. \r\n4. Constitution of the Authority .– (1) The Autho rity shall consist of not more \r\nthan seven members appointed by the Provincial Government by notification \r\n7\r\n[:] \r\n \r\n8\r\n[Provided that one of the Members shall be a person who, in the opinion of \r\nthe Provincial Government, is qualified to hold charge of the finances of the Authority \r\nand he shall be appointed after previous consultation with the Chairman. \r\n \r\n1I of 1894. \r\n2IX of 1914. \r\n3Substituted for the words “West Punjab” by the Punjab Adaptation of Provincial Laws Act, 1950 (V of 195 0), published in the \r\nPunjab Gazette (Extraordinary), dated March 24, 1950, pp. 41-42, s. 2. \r\n4XVI of 1887. \r\n5Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published in the \r\nPunjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. \r\n6XVI of 1927. \r\n7Replaced the full -stop by the Thal Devel opment (Amendment) Act, 1955 ( XX of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated April 25, 1955, pp. 301-311, s. 2(1). \r\n8Added by the Act ibid. \r\n Provided further that no person shall be appointed a Member of the Authority, \r\nwho would, if he were a Member, be liable to removal under section 9.] \r\n (2) One of th e Members shall be appointed by the Provincial Government \r\nas Chairman. \r\n \r\n1\r\n[(3) The Authority or the Chairman may and if directed by the Provincial \r\nGovernment shall delegate such powers and assign such duties to the various \r\nMembers of the Authority as may be specified in writing by the Authority or the \r\nChairman or the Provincial Government, as the case may be.] \r\n5. Term of office of Member .– The term of office of the Members of the \r\nAuthority shall be three years. \r\n6. Commencement of term of office, re -appointment and resignation .– (1) \r\nThe term of office of a Member shall commence on such da te as shall be notified in \r\nthis behalf by the Provincial Government. \r\n (2) Any person ceasing to be a Member of th e Authority by reason of the \r\nexpiry of the term of his office sh all, if otherwise qualified, be eligible for re -\r\nappointment. \r\n (3) Any Member of the Authority may at any time resign, provided that his \r\nresignation shall not take effect until accepted by the Provincial Government. \r\n2\r\n[7. * * * * * * * * * ] \r\n8. Remuneration of Chairman and members.– The Chairman and Members of \r\nthe Authority shall receive such salary or remuneration as may be sanctioned by the \r\nProvincial Government. \r\n9. Removal of members.– The Provincial Government may \r\n3\r\n[after giving him an \r\nopportunity of being heard] by, notification, remove any Member– \r\n(a) if he refuses to act, or be comes in the opinion of the Provincial \r\nGovernment, incapable of acting or has been declared as insolvent, or \r\nhas been convicted of any such offence or subjected by a Criminal \r\nCourt to any such order as implies in the opinion of the Provincial \r\nGovernment, a defect of character which renders him unfit to be a \r\nmember; or \r\n(b) if he has been declared to be disqualified fo r em ployment in, or has \r\nbeen dismissed from the public service an d the reason for the \r\ndisqualification or dismissal is such as implies, in the opinion of the \r\nProvincial Government, a defect of character which renders him unfit to \r\nbe a member; or \r\n1\r\n[(c) if he has absented himself from more than three consecutive meetings \r\nof the Authority or of any committee of which he is a member and is \r\n \r\n1Substituted by the Act ibid., s.2(2). \r\n2Omitted by the Thal Development (West Pakistan Amendmen t) Ordinance, 1959 (XIX of 195 9), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated April 6, 1959, pp. 91-92, s. 2. \r\n3Inserted by the Thal Development (Amendment) Ordinance, 1985 (X III of 1985), published in the Punjab Gazette \r\n(Extraordinary), dated February 23, 1985, s. 2(a). \r\nunable to explain such absence to the satisfaction of the Provincial \r\nGovernment; or] \r\n(d) if, in the opinion of the Provinci al Government he has flagrantly abused \r\nhis position as a member; or \r\n(e) if he has knowingly acquired or continued to hold without the \r\npermission in writing of the Provincial Government directly or indirectly \r\nor by a partner, any share or interest in any co ntract or employment \r\nwith, by or on behalf of the Authority; or \r\n(f) if he has knowingly acted as a Member in a matter other than a matter \r\nreferred to in clause (iv) of the proviso to this section, in which he or a \r\npartner had, directly or indirectly, a personal interest; or \r\n(g) if he has acted in contravention of section 15; or \r\n(h) who being a legal practitioner, acts or appears on behalf of any other \r\nperson in any suit or other proceedings instituted by or on behalf of the \r\nAuthority or in any suit or other proceeding acts or appears on behalf of \r\nany other person against the Authority; or \r\n(i) who is a salaried servant of the Government, and his continuance in \r\noffice is in the opinion of the Provincial Government, unnecessary or \r\nundesirable: \r\n Provided that a person shall not be deemed, for the purpose of clause (e) to \r\nacquire, or continue to have, any share or interest in a contract or employment by \r\nreason only of his– \r\n(i) having a share or interest in any lease, sale or purchase of land or \r\nbuilding, or in any agreement for the same, provided that such share or \r\ninterest was acquired before he became a Member; or \r\n(ii) having a share in a joint stock company which shall contract with, or be \r\nemployed by or on behalf of the Authority; or \r\n(iii) having a share or int erest in a newspaper in which an advertisement \r\nrelating to the affairs of the Authority is inserted; or \r\n(iv) holding a debenture or otherwise being interested in a loan raised by or \r\non behalf of the Authority; or \r\n(v) having a share or interest in the occas ional sale of an article in which \r\nhe regularly trades to the Authority, to a value not exceeding in any one \r\nyear, such amount as the Authority, with the sanction of the Provincial \r\nGovernment, may fix in this behalf \r\n2\r\n[:] \r\n \r\n3\r\n[Provided further that it shall be lawful for the Provincial Government to \r\nremove any member at any time without assigning any reason for his removal.] \r\n \r\n1Substituted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordin ary), \r\ndated April 25, 1955, pp. 301-311, s. 3. \r\n2Replaced the ‘full-stop’ by the Thal Development (West Pakistan Amendment) Ordinance, 1959 (XIX of 1959), published in the \r\nGazette of West Pakistan (Extraordinary), dated April 6, 1959, pp. 91-92, s. 3. \r\n3Added by the Ordinance ibid. \r\n10. Disabilities of Membe rs removed under section 9 .– A Member removed \r\nunder section 9 shall not be eligible for re -appointment for a peri od of three years \r\nfrom the date of his removal: \r\n Provided that if a Member has been removed by reason of his having been \r\ndeclared as insolvent, he shall be eligible for re -appointment when he shall have \r\nobtained his discharge. \r\nCHAPTER III \r\nPROCEEDINGS OF THE AUTHORITY, COMMITTEES, \r\nOFFICERS AND SERVANTS AND SUPPLY OF INFORMATION TO PROVINCIAL \r\nGOVERNMENT \r\n1\r\n[11]. Meetings of the Authority .– (a) The Au thority shall ordinarily meet for the \r\ntransaction of business at least \r\n2\r\n[once in every month ] at such time as it may fi x, \r\nprovided that the Chairman may, whenever he thinks fit, an d shall, upon the written \r\nrequest of not less than two Members, call a special meeting. \r\n(b) The quorum necessary for the transaction of business at an ordinary or \r\nspecial meeting shall be three: \r\n Provided that if at any such meeting a quorum is not present , the Chairman \r\nshall adjourn the meeting to such other day \r\n3\r\n[not being later than fourteen days] as \r\nhe may think fit and the business which would have been brought before the original \r\nmeeting if there had been a quorum present shall be brought before and t ransacted \r\nat the adjourned meeting whether there be a quorum present thereat or not. \r\n(c) At every meeting the Chairman, if he be present, or in his absence \r\nsuch one of the Members present a s may be chosen by the meeting, \r\nshall preside. \r\n(d) All questions wh ich come before any meeting shall be decided by a \r\nmajority of the votes of t he Members present, the President of the \r\nmeeting in case of an equality of votes having a second or casting \r\nvote. \r\n(e) Minutes of the names of the Members present and of the proceed ings \r\nat each meeting shall be drawn up and recorded in a book to be kept \r\nfor the purpose, and shall be signed by the person presiding at the \r\nmeeting or at the next ensuing meeting, and shal l at a ll reasonable \r\ntimes and without charge be open to inspection by any Member. \r\n4\r\n[ * * * * * * * * * ] \r\n12. Temporary association of m embers with the Authority for particular \r\npurposes.– (1) The Authority may \r\n5\r\n[, and when directed by the Provincial \r\n \r\n1Renumbered for “ 11(1)” by the Thal Development (Amendment) Act, 1955 (XX of 1 955), published in the Punjab Gazette \r\n(Extraordinary), dated April 25, 1955, pp. 301-311, s. 4(3). \r\n2Substituted for the words “once in every three months” by the Act ibid., s. 4(1). \r\n3Inserted by the Thal Development (Amendment) Act, 1955 (XX of 1955), publ ished in the Punjab Gazette (E xtraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 4(2). \r\n4Omitted by the Act ibid., s. 4(3). \r\n5Inserted by the Act ibid., s. 5(1)(i). \r\nGovernment shall,] associate with itself in such manner and for su ch period as may \r\nbe prescribed by rules made under section 51 any person who se assistance or \r\nadvice \r\n1\r\n[the Authority or Provincial Government] may desire in carrying out any of the \r\nprovisions of the Act. \r\n (2) A person associated with \r\n2\r\n[* *] the Authority, u nder subsection (1) for \r\nany purpose shall have a right to take part in the d iscussions of the Authority relative \r\nto that purpose, but shall not have a right to vote at a meeting of the Auth ority, and \r\nshall not be deemed to be a Member for any other purpose. \r\n13. Constitution and functions of committees.– (1) The Authority may \r\n3\r\n[, and if \r\ndirected by the Provincial Government shall,] from time to time appoint committees \r\nconsisting of such perso ns of any of the following classes as it may deem fit, \r\nnamely:– \r\n(i) Members; \r\n(ii) persons associated with the Authority under section 12; \r\n(iii) other persons whose services, assistance or advice the Authority may \r\n4\r\n[consider useful] as members of such committees: \r\n Provided that no such committee shall consist of less than three persons and \r\nthat at least one Member of the Authority shall be a member thereof. \r\n (2) The authority may \r\n5\r\n[, and when directed by the Provincial Government \r\nshall]– \r\n(a) refer to such co mmittees for inquiry and report any matter relating to \r\nany of the purposes of this Act; and \r\n(b) delegate to such committees by resolution, and subject to any rules \r\nmade under section 51 \r\n6\r\n[, or to any direction given by the Provincial \r\nGovernment,] any of the powers or duties of the Authority. \r\n (3) The Authority \r\n7\r\n[*] may, a t any time, \r\n8\r\n[with the permission of the \r\nProvincial Government,] dissolve, or, subject to the provisions of subsection (1) alter \r\nthe constitution of any such committees. \r\n (4) Every such com mittee shall conform to instructions from time to time \r\ngiven to it by the Authority \r\n9\r\n[or by the Provincial Government and in case of conflict, \r\nthe instructions of the Provincial Government shall prevail]. \r\n \r\n1Substituted for the word “it” by the Act ibid., s. 5(1)(ii). \r\n2Omitted the words “itself by” by the Act ibid., s. 5(2). \r\n3Inserted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 6(1). \r\n4Substituted for the word “desire” by the Act ibid., s. 6(2). \r\n5Added by the Act ibid., s. 6(3). \r\n6Inserted by the Act ibid., s. 6(4). \r\n7Omitted the comma by the Act ibid., s. 6(5)(i). \r\n8Inserted by the Act ibid., s. 6(5)(ii). \r\n9Ibid., s. 6(6)(vi). \r\n (5) All proceedings of any such committees shall b e subj ect to \r\nconfirmation by the Authority. \r\n (6) Any person associa ted with the Authority under section 12(1) or \r\nappointed as member of a commi ttee under clause (iii) of subsection (1) shall be \r\nentitled to receive such remuneration as may be prescribed. \r\n14. Meetings of committee s.– (1) Committees appointed under section 1 3 may \r\nmeet and adjourn as they think proper; but the Chairman of the Authori ty may, \r\nwhenever he deems fit, call a special meeting of any such committee, and shall do \r\nso \r\n1\r\n[, when directed by the Provincial Government or,] upon the written request of not \r\nless than two members thereof. \r\n (2) The Chairman may attend any meeting of a co mmittee appointed \r\nunder section 13 whether he is a member of such committee or not, and shall \r\npreside at every su ch meeting at which he is present; if he be absent, any Member \r\npresent and being a member of such committee as may be chosen by the \r\nCommittee, shall preside; provided that if only one member is present, he shall \r\npreside. \r\n (3) All questions which come befor e any meeting of such committee shall \r\nbe decided by a majority of t he votes of the members present, the person presiding \r\nin case of equality of votes having a second or casting vote. \r\n (4) No business shall be transacted at any meeting of such committee \r\nwhen less than two members or if the committee consists of more than e ight \r\nmembers when less than one-fourth of such members are present. \r\n In the case of an adjournment due to want of quorum the provisions of section \r\n11(1)(b) shall apply. \r\n15. Members and asso ciated persons of the Authority or committee not to \r\ntake part in proceedings in which they are personally interested.– (1) A Member \r\nwho– \r\n(i) has directly or indirectly , by himself or by any partner, employer, or \r\nemployee, any such share or interest as is d escribed in the proviso to \r\nsection 9, in respect of any matter, or \r\n(ii) has acted professionally, in relation to any matter on behalf of any \r\nperson having therein any such share or interest as aforesaid, \r\n shall not vote or take any other part in any procee dings of the Authority or any \r\ncommittee appointed under this Act relating to such matter. \r\n (2) If any Member, or any person, associated with th e Authority under \r\nsection 12 or any other member of a committee appointed under this Act, has, directly \r\nor indirectly, any beneficial interest in any land situated in any locality comprised in any \r\nscheme framed under this Act or in any locality in which it is proposed to acquire land \r\nfor the purpose of this Act– \r\n(i) he shall, before taking part in any proceedings at a meeti ng of the \r\nAuthority or any committee appointed under this Act relating to such \r\n \r\n1Inserted by the Thal Development (Amendment) Act, 1955 (XX of 1955), publis hed in the Punjab Gazette (Ext raordinary), \r\ndated April 25, 1955, pp. 301-311, s. 7. \r\narea, inform the person presiding at the meeting of the n ature of such \r\ninterest; \r\n(ii) he shall not vote at any meeting of the Authority or any such committee \r\nupon any resolution or question relating to such land; and \r\n(iii) he shall not ta ke any other part in any proceeding at a meeting of the \r\nAuthority or any su ch committee relating to such locality if the person \r\npresiding at the meeting considers it inexpedient that he should do so. \r\n16. Power of the Authority to fix number and salaries of permanent servants \r\nand appointments of temporary servants in cases of emergency.– (1) Subject to \r\nsuch rules as the Provincial Government may make, the Authority may from time to \r\ntime empl oy such servants as it may deem necessary and proper to assist in \r\ncarrying out the purposes of this Act, and may-assign to such servants such pay as it \r\nmay deem fit \r\n1\r\n[:] \r\n2\r\n[(i) Provided that where the maximum of the grade fixed for a post \r\nexceeds one thousa nd rupees, the previous approval of the Provincial \r\nGovernment shall be necessary; \r\n(ii) Provided further that the Provincial Government may, by general or \r\nspecial order, specify the post or posts to which appointments shall not \r\nbe made except with the prev ious ap proval of the Provincial \r\nGovernment.] \r\n (2) The Chairman, in c ase of emergency, may appoint such temporary \r\nservants as in his opinion may be required for the purposes of this Act, and may \r\ndirect that the salaries of such temporary servants fixed as t he emer gency may \r\nrequire, shall be paid from the funds of the Authority: \r\n Provided that– \r\n(i) he shall not act under this subsection in contrave ntion of any order of \r\nthe Authority prohibiting the employment of any temporary servants for \r\nany particular work; and \r\n(ii) every appointment made under this subsection shall be repo rted at the \r\nnext following meeting of the Authority. \r\n3\r\n[17. Power of appoint ment, etc.– Subject to the provisions of section 16 and to \r\nany rules for the time being in force, the power of pr omoting and granting leave to \r\nofficers and servants of the Authority , reducing, suspending or dispensing with their \r\nservices for any reasons or dismissing them, shall vest– \r\n(i) in the case of officers and servants whose maximum monthly salary \r\ndoes not exceed five hundred rupees, in the Chairman; and \r\n(ii) in other cases, in the Authority: \r\n \r\n1Replaced for the ‘full -stop’ by the Thal Development (Amendment) Act , 1955 (XX of 1955), published in the Punj ab Gazette \r\n(Extraordinary), dated April 25, 1955, pp. 301-311, s. 8. \r\n2Added by the Act ibid. \r\n3Substituted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 9. \r\n Provided that any officer or servant in receipt of a month ly salary exceeding \r\none hundred rupees who is reduced, suspended or dismissed by the Chairman or \r\nwhose services h ave bee n dispensed with by him, may appeal to the Authority \r\nwhose decision shall be final; subject to revision by the Provincial Government; \r\n(ii) Provided further that in all other cases in which an officer or servant \r\nwho has been reduced, suspended or dis missed by the Authority or \r\nwhose services have been dispensed with by the Authority may appeal \r\nto the Provincial Government; and \r\n(iii) Provided still further that the Provincial Government may, by a general or \r\nspecial order, direct that the incumbents of s uch of the posts, carrying \r\nsalaries not exceeding one hundred rupe es per mensem, as may be \r\nspecified by the Provincial Government, shall not be dismissed from \r\nservice without the previous permission of the Provincial Government.] \r\n18. Control by Chairman.– The Chairman shall exercise supervision and control \r\nover all officers and servants of the Authority; and, subject to the foregoing sections, \r\nshall dispose of all questions relating to the service of the said officers and servants \r\nand their pay, privileges and allowances. \r\n19. Delegation of certain powers of Chairman’s fun ctions.– (1) The Chairman \r\nmay, by general or special order in writing, delega te to any officer of the Authority \r\nany of the Chairman’s powers, duties or functions under this Act or any rule m ade \r\nthereunder except those conferred or imposed upon or entrusted to him by sections \r\n11 and 14, respectively \r\n1\r\n[:] \r\n \r\n2\r\n[Provided that when the C hairman delegates any powers, duties or functions \r\nunder this subsection, the delegation shall be subject to the a pproval of the \r\nAuthority.] \r\n (2) The exercise or discharge by any of ficer of any powers, duties or \r\nfunctions delegated to him under subsection ( 1) shall be subject to such conditions \r\nand limitations (if any) as may be prescribed in the said order, and also be subject to \r\ncontrol and revision by the Chairman or the Authority. \r\n20. Supply of information and documents to the Government .– (1) The \r\nChairman shall forward to the Provincial Government a copy of the minutes of the \r\nproceedings of each meeting of the Authority, within ten days from the date on which \r\nthe minutes of the proceedings of each meeting were signed as prescribed in clause \r\n(e) of subsection (1) of section 11. \r\n (2) If the Provincial Government so directs in any case, the Chairman shall \r\nforward to i t a co py of all papers which were laid before the Authority for \r\nconsideration at any meeting. \r\n (3) The Provincial Government may require the Ch airman to furnish it \r\nwith– \r\n(i) any return, statement, estimate, statistics or other information \r\nregarding any matter under the control of the Authority; or \r\n \r\n1Replaced for the ‘full-stop’ by the Act ibid., s.10. \r\n2Added by the Act ibid. \r\n(ii) a report on any such matter; or \r\n(iii) a copy of any document in the charge of the Chairman. \r\n The Chairman shall comply with every such requisition without unreasonable \r\ndelay. \r\n1\r\n[20-A. Powers of the Provincial Government to issue directions. – (1) In cases \r\nwhere, in the opinion of the Provincial Government, there is sufficient groun d for \r\nproceeding under this subsection, it may, by an order in writing, direct the Authority, \r\nor any of its Members, or employees, or any other person purporting or required to \r\nact under this Act or the rules made thereunder, or in pursuance of any order passed \r\nunder this Act or the said Rules, to abstain from a certain act or acts or to act in such \r\nmanner or follow such policy as may be specified in the order. \r\n (2) Without prejudice to the gene rality of the provisions of sub section (1), \r\nthe Provincial Government may, by orde r in writing, suspend the execution of any \r\nresolution or order of the Authority, or prohibit the doing of any act which is to be \r\ndone, or is being done under this Act or the rules m ade thereunder, or in pursuance \r\nof any sanction or permission granted by th e Authority in the exercise of its powers \r\nunder this Act or the said rules, or if such act has been accomplished, may order its \r\nrectification in such manner as may be specified, if, in its opinion, the said resolution, \r\nor order, or act is in excess of the powers conferred by law. \r\n (3)(i) When the Provincial Government, after due enquiry, is satisfied that the \r\nAuthority has made default in performing any duty imposed upon it by this A ct, or by \r\nany order or rules made under this Act, the Provincial Governmen t may, by an order \r\nin writing, fix a period for the performance of that duty; and, should it not be \r\nperformed wit hin the period so fixed, the Provincial Government may cause such \r\nduty to be performed and may recover from the Authority the expenses incurred in \r\ndoing so. \r\n(ii) Should the expenses be not so paid within the time specified, the \r\nProvincial Government may make an order directing the person having \r\nthe custody of the balance of the Authority Fund to pay the said \r\nexpenses out of such balance or from t ime to time as and when he has \r\nsuch balance in hand. The said person shall give priority to such \r\npayments over all other charges against the Authority Fund.] \r\nCHAPTER IV \r\nSCHEMES AND PROCEDURE TO BE FOLLOWED IN FRAMING THEM \r\n21. Scheme for development .– \r\n2\r\n[(1)] The Authority may frame a scheme or \r\nschemes for the development of any local area or part thereof providing for all or any \r\nof the following matters:– \r\n(i) The acquisition under the Land Acquisition Act, 1894\r\n1\r\n, as modified by \r\nthis Act, of any land or any interest in land necessary for, or affected by \r\nthe execution of the scheme; \r\n \r\n1Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated \r\nApril 25, 1955, pp. 301-311, s.11. \r\n2Renumbered by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s.12. \r\n(ii) The acquisition by purchase, leas e, excha nge or otherwise of such \r\nland or interest in land; \r\n(iii) The retention, letting on hire, lease, sale, exchange or disposal \r\notherwise of any land vested in or acquired by the Authority; \r\n(iv) The relaying of any land comprised in the scheme, and rese rvation of \r\nany land not exceeding one -fifth of the total area for the common \r\npurposes of the village or villages comprised in the scheme, and t he \r\nredistribution of the rest of the land among the owners of the property \r\ncomprised in the scheme, and managemen t of lan ds reserved for \r\ncommon purposes; \r\n(v) The layout and construct ion of towns, mandis, market places, villages \r\nand settlements including th e demolition of existing buildings, the \r\nerection and re-erection of buildings by the Authority or by the owners, \r\nor by the Authority in default of the owners; \r\n(vi) The provision of f acilities for communication including the layout and \r\nalteration of roads, streets, foot -paths, bridle paths, aerodromes and \r\nwaterways; \r\n(vii) The provision of open spaces, playing fields, national parks, nature \r\nreserves, forests and forest parks, camping gr ounds, camp sites, \r\nholiday camps and holiday villages, and cemeteries and places of \r\nreligious worship; \r\n(viii) The breaking up, cultivation, afforestation or plantation of lands, and \r\nthe r aising, lowering or reclamation of any land for the production of \r\nfoodgrains, fruit, vegetables, fuel, fodder and the like and the provision \r\nof means of irrigation and irrigation channels by the Authority or by the \r\nowners or by the Authority in default of owners; \r\n(ix) The draining, water -supply and lighting of streets and s anitation of \r\nvillages and settlements, towns, mandis and market places; \r\n(x) The provision of a system of drains or sewers for the improvement of \r\nill-drained and insanitary localities; \r\n(xi) The provision of fisheries, poultry farms, livestock farms, dairy f arms, \r\nsheep farms, bee farms, sericulture farms and the like; \r\n(xii) The installation, management, maintenance and encouragement of \r\npublic utility undertakings, rural trades and crafts, industries and works; \r\n(xiii) The doing of all acts intended to promote the health, well being and \r\nprosperity of the residents of a local area, in cluding the conservation \r\nand preservation from injury or pollution of rivers and other sources \r\nand means of water -supply, and establishment of educational \r\ninstitutions, dispensaries and nursing homes; \r\n(xiv) The advance to the owners, occupiers or tenants o f land comprised in \r\nthe scheme upon such terms and conditions as to interest and sinking \r\nfund and otherwise as ma y be pre scribed under the scheme of the \r\n \r\n1I of 1894. \r\nwhole or part of the capital requisite for breaking up and cultivation of \r\nland, construction of water-courses, sinking of wells, purchase of cattle \r\nand of agricultural implements and machinery, for seeds and for any \r\npurpose subsidiary to agriculture and for erection of houses, godowns \r\nand cattle-sheds; \r\n (xv) The establishment of an insurance fund for the in surance on a \r\ncompulsory or voluntary basis of crops, and cattle, and the recovery of \r\ninsurance premia and contributions and the distribution of benefits from \r\nthe insurance fund subje ct to the provisions of any law applicable \r\nthereto; \r\n(xvi) The execution of any scheme or part of the scheme by any department \r\nof Government on such terms and conditions as may be agreed u pon \r\nbetween the Authority and the Provincial Government; \r\n (xvii) All other matters which the Provincial Government may deem \r\nnecessary to promot e the general efficiency of a scheme or for the \r\ndevelopment of the local area. \r\n \r\n1\r\n[(2) Every provision made in a s cheme for acquisition of land under clause \r\n(i) of subsection (1) after the coming into force of the Thal Development Act \r\n(Amendment) Ordinance, 1955 shall be subject to the following limitations and \r\nconditions:– \r\n(i) The land which is outside the irrigatio n boundaries of the Thal Canal or \r\nis already irrigated by means of a w ell or any other means of irrigation \r\nother than the Thal Canal or which w as not shown as banjar jadid, \r\nbanjar qadim or ghair mumkin in the khasra girdawari of Rabi 1951 \r\nshall not be acquired. \r\n(ii) If a person owns less than 15 acres of land within the irr igation \r\nboundaries it shall not be acquired. \r\n(iii) If a person owns more than 15 but not more than 100 acres of land \r\nwithin the irrigation boundaries, not more than 50 per cent of the land in \r\nexcess of 15 acres shall be liable to be acquired. \r\n(iv) If a p erson owns more than 100 acres of land within the irrigation \r\nboundaries, not more than 75 per cent of the land in excess of 100 \r\nacres shall be liable to be acquired in addition to the la nd acquir ed \r\nunder clause (iii) above in respect of the first 100 acres. \r\nExplanation.– “Irrigation Boundaries” mean the boundaries determined by the \r\nProvincial Government to which irrigation by the Thal Canal has been extended or is \r\nlikely to be extended.] \r\n22. Preparation, publication and transmission of notice as to schemes, and \r\nsupply of documents to applicants .– (1) When a scheme under this Act has been \r\nframed, the Authority shall prepare a notice stating:– \r\n(i) the fact that the scheme has been framed, \r\n \r\n1Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated \r\nApril 25, 1955, pp. 301-311, s. 12. \r\n(ii) the boundaries of the locality comprised in the scheme, and \r\n(iii) the place at which details of the scheme including a statement of the \r\nland proposed to be acquired or on which it is proposed to charge a \r\ndevelopment fee and a general map of the localit y compris ed in the \r\nscheme may be inspected at reasonable hours. \r\n (2) The Authority shall– \r\n(i) cause the said notice to be published weekly for three consecutive \r\nweeks in the official Gazette and in a newspaper or newspapers with a \r\nstatement of the period w hich shal l not be less than 30 days, within \r\nwhich objections will be received; and, \r\n(ii) send a copy of the notice to the Chairman of the Distr ict Board in \r\nwhose area the locality comprised in the scheme is situated and ask \r\nhim to send any representation h e may wish to make within six weeks \r\nfrom the date of the receipt of the copy. \r\n (3) The Chairman shall cause copies of the documents referred to in \r\nclause (iii) of subsection (1) to be delivered to any applicant on payment of such fees \r\nas may be prescribed. \r\n23. Notice of proposed acquisition of land .– (1) During the thirty da ys next \r\nfollowing the first day on which any notice is published under se ction 22 in respect of \r\nany scheme under this Act, the Authority shall serve a notice on:– \r\n(i) every person whom t he Authority has reason to believe after due \r\nenquiry to be the owner o f any immovable property which it proposes \r\nto acquire in executing the scheme or in respect of which it is proposed \r\nto charge a development fee; \r\n(ii) the occupier or tenant (who need not be named) of such premises or \r\nland as the Authority proposes to acquire in executing the scheme. \r\n (2) Such notice shall– \r\n(a) state that the Authority proposes to acquire such property or to recover a \r\ndevelopment fee in respect of such property, for the purposes of carrying \r\nout a scheme under this Act, and \r\n(b) require such p erson, if he objects to such acquisition, or recovery of \r\ndevelopment fee, to state his reasons in writing (in duplicate) within a \r\nperiod of 30 days from the service of the notice. \r\n (3) Every such notice shall be signed by, or by the order of the Chairman. \r\n24. Abandonment of scheme, or application to Provincial Government to \r\nsanction it.– (1) After the expiry of the period respectively prescribed in clauses (i) \r\nand (ii) of subsection (2) o f section 22 and clause (b) of subsection (2) of section 23, \r\nthe Authority shall consider any objection or representation received thereunder a nd \r\nafter hearing all persons making any such objection or representation who may \r\ndesire to be heard or their repr esentatives, the Authority may either abandon the \r\nscheme, or apply to the Provincial Government for sanction of the scheme with such \r\nmodifications (if any) as the Authority may deem necessary. \r\n (2) Every application submitted to Provincial Government under \r\nsubsection (1) shall be accompanied by:– \r\n(i) complete plans and detai ls of the scheme and an estimate of the cost \r\nof executing it; \r\n(ii) a stat ement of the reasons for modifications (if any) made in the \r\nscheme as originally framed; \r\n(iii) a statement of obj ections a nd representation, if any, received under \r\nsection 22; \r\n(iv) a list of the names of all persons (if any) who have objected under \r\nclause (b) of subsection (2) of section 23, to the proposed acquisition of \r\ntheir property, or the proposed recovery of d evelopment fee, and a \r\nstatement of the reasons given for such objection; and \r\n(v) a statement of the arrangements made or proposed by the Authority for \r\nthe resettlement or re-housing of persons who are likely to be displaced \r\nby the execution of the scheme. \r\n25. Power to sanction, reject or return scheme .– (1) \r\n1\r\n[Subject to the other \r\nprovisions of this Act the] Provincial Government may sanction, wit h or without \r\nmodifications or may refuse to sanction or may return for reconsideration any scheme \r\nsubmitted to it under section 24. \r\n (2) If a scheme returned for reconsideration under subsection (1) is \r\nmodified by the Authority, it shall be republished in accordance with section 22, in \r\nevery case in which the modification affects the boundaries of the locality compri sed \r\nin the scheme or involves the acquisition of any land not previous ly proposed to be \r\nacquired, or the levy of development fee on land which was not previously proposed \r\nto be liable to such development fee. \r\n26. Notification of sanction of scheme .– (1) Wh enever th e Provincial \r\nGovernment sanctions any scheme under this Act, it shall announce the fact by \r\nnotification, and the Authority shall forthwith proceed to execute the scheme. \r\n \r\n2\r\n[(2) The notification under subsection (1) in respect of any scheme shall not \r\nbe called in question in a court of law or in any other proceedings save to the extent \r\nto which the scheme is inconsistent with the provisio ns of subsection (2) of section \r\n21.] \r\n27. Alteration of scheme after sanction .– A scheme under this Act may be \r\naltered by t he Authority at any time between its sanction by the Provinci al \r\nGovernment and its execution: \r\n Provided as follows:– \r\n(a) if any altera tion is estimated to increase the estimated net cost of \r\nexecuting a scheme by more than Rs. five lakhs or by 20 p er cent o f \r\n \r\n1Added and substituted by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated April 25, 1955, pp. 301-311, s. 13. \r\n2Substituted by the Thal D evelopment (Amendment) Act, 1955 (XX of 1955), published in t he Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 14. \r\nthe said estimated net cost, whichever is less, such altera tion shall not \r\nbe made without the previous sanction of the Provincial Government; \r\n(b) if any alteration involves the acquisition otherwise than by agreement of \r\nany land the acquisition of which has not been sanctioned by the \r\nProvincial Government or the l evy of development fee on land not \r\npreviously liable to such fee, the pro cedure prescribed in the foregoing \r\nsections of this chapter shall, so far as applicable, be followed as if the \r\nalteration were a separate scheme. \r\n28. Inclusion of different localities in combined schemes .– Any number of \r\nlocalities in respect of which the A uthority has framed or has proposed to frame \r\nschemes under this Act may at any time, be included in one combined scheme. \r\n29. Passing over of works and services to local bodies .– As so on as any \r\nscheme has been carried out by the Authority or at a later date , the Authority may \r\n1\r\n[, \r\nwith the permission of the Provincial Government,] by written requisition call upon a \r\nlocal authority within whose jurisdiction any particular area covered by the scheme \r\nlies to take over and maintain any of the work and services in that area and the local \r\nauthority shall be bound to comply with such requisition. \r\nCHAPTER V \r\nPOWERS AND DUTIES OF THE AUTHORITY \r\n30. Powers and duties of the Authority .– \r\n2\r\n[(1) Subject to such rules as may be \r\nmade under section 50, the Authority may– \r\n(a) undertake any works and incur any expenditure for the improvement \r\nand development of a local area; and \r\n(b) enter into and perform all such contracts as it may consider necessary \r\nor expedient for carrying out any of the purposes of this Act.] \r\n \r\n3\r\n[* * * * * * * * * ] \r\n \r\n4\r\n[(2)] Without prejudice to the generality of the powers conferred by the \r\npreceding subsections, the Authority may– \r\n(a) grant land vested in the Authority to any person on any condition it \r\nthinks fit, and for this purpose issue a statement or st atements of \r\nconditions on which the Authority is willing to grant land to tenants: \r\nProvided that no land which ha s been ve sted in the Authority for \r\nmanagement on behalf of the Provinc ial Government shall be granted \r\nto any person without the statement of co nditions having been \r\napproved by the Government; \r\n1\r\n[Provided further that where any land is given to a proprietor in lieu of \r\nland acquired from him by the Authority such land shall st and \r\n \r\n1Inserted by the Act ibid., s. 15. \r\n2Substituted by the Act ibid., s. 16(1). \r\n3Omitted by the Thal Development (Amendmen t) Act, 1955 (XX of 1955), published in the Punjab Gazette (E xtraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 16(2). \r\n4Renumbered by the Act ibid. \r\ntransferred in favour of such proprietor with full proprietary rights. The \r\nProvincial Government by notification shall determine the improvement \r\nfees for such land, which shall be rec overed i n such installments as \r\nmay be prescribed and that amount shal l be the first charge on such \r\nland.] \r\n(b) resume the land so granted, or in the alternative impose a penalty not \r\nexceeding five hundred rupees, where the tenant is proved to the \r\nsatisfaction of th e Authority to have committed a breach of the \r\nconditions of t he tenancy \r\n2\r\n[and may resume the grant so made if the \r\nland forming the subj ect matter of the grant was acquired in \r\ncontravention of the provisions of subsection (2) of section 21]: \r\nProvided that b efore an order is made under this clause, the tenant \r\nshall be given an opportunity to appear and state his objections: \r\nProvided further that in a case of resumption, the tenant shall be liable \r\nto restore possession forthwith, but will be entitled to compensation for \r\nthe standing crops and for improvements made by h im during the \r\ntenancy; \r\n(c) notwithstanding anything contained in section 3 of the Consolidation of \r\nHoldings Act, 1936\r\n3\r\n, hereinafter in this section referred to as the said \r\nAct, prepare o r confir m schemes for consolidation of holdings in any \r\nlocality by re distribution of title or any of the lands therein, so as to \r\nreduce the num ber of plots in the holdings, and order payment of \r\ncompensation to any person who has received an allotment under any \r\nsuch scheme of consolidation of less market value than his origi nal \r\nholding to be paid by all or any of the other persons affected by the \r\nsaid scheme and in such proportion as the Authority may decide. The \r\nduties of the Consolidation Officer under the said Ac t shall be \r\nperformed by such officer as may be appointed by t he Authority in this \r\nbehalf. \r\n The provisions of the said Act will apply mutatis mutandis to the \r\nproceedings under this clause except that section 3 of the said Act \r\nshall be deemed to have been deleted; \r\n(d) take over and manage Government lands on such term s and \r\nconditions as may be agreed upon between the Authority and the \r\nGovernment; \r\n(e) regulate by general or special order the use of land and restrict or \r\nprohibit the carrying of any offe nsive or unwholesome trade or the \r\nconstruction of any building or structure; \r\n(f) direct in respect of any area– \r\n(1) the levelling, terracing and embankment of fields, \r\n \r\n1Added by the Act ibid., s. 16(3). \r\n2Inserted by the Act ibid., s. 16(4). \r\n3Repealed Act No. IV of 1936 by t he West Pakistan Consolidation of Holdings Ordinance, 1960 (V I of 1960), published in the \r\nGazette of West Pakistan (Extraordinary), dated March 1, 1960, pp. 1431-1441, s. 30. \r\n(2) the construction of earthworks in fields or ravines, \r\n(3) the provision of drains for storm water, \r\n(4) the training of streams, and \r\n(5) the execution of s uch other works as are necessary in the \r\nopinion of the Authority to protec t the land from the erosive \r\naction of wind or water, or for the development of such area or \r\nfor the exploitation of its mineral or water resources; \r\n(g) direct that any work which has been required to be done by any person \r\nunder the preceding clause, and which remains undone, shall after due \r\nnotice to such person and consideration of any objection raised by him, \r\nbe executed by the Authority, and specify the portion in which the risk \r\nand expense of such work shall be borne by such person, or by any \r\nother pers on who is held by the Authority, upon due enquiry after \r\nreasonable notice to him, to be responsible for the execu tion of such \r\nwork, in whole or in part; \r\n(h) regulate, restrict or pro hibit by general or special order in respect of \r\nany area– \r\n(1) the clearing or breaking up of land for cultivation, \r\n(2) the quarrying of stone and the burning of lime or charcoal, \r\n(3) the admission, herding, parking and retention of cattle, \r\n(4) the felling , girdling, lopping, tapping or burning of any tree or \r\ntimber, and \r\n(5) the kindling, keeping or carrying of any fire; \r\n(i) direct the growing of a particular kind or type of crops or trees in a \r\nparticular area and prescribe the rotation of crops to be followed; \r\n(j) undertake the breaking of land, planting of trees, construction o f water-\r\ncourses and to all necessary acts to bring land vested in the Authority \r\nunder cultivation; \r\n(k) advance money either by way of grant or by way of loan, or partly in \r\none way an d partly in the other, to any person for the purpose of \r\nfurthering any of the objects of this Act on such terms and conditions \r\nas to recovery of interest and subject to such terms and con ditions as \r\nmay be prescribed by the Provincial Government; \r\n(l) make a rrangements for the marketing of the produce and \r\nmanufactures of the local area; \r\n(m) promote and undertake research on any matter in furtherance of this \r\nAct. \r\n \r\n1\r\n[(3)] Any general order mad e under t his section shall be published in such \r\nmanner as may be prescribed. \r\n \r\n1Renumbered by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 16(2). \r\n1\r\n[31. * * * * * * * * * ] \r\n32. Power of the Authority for facilit ating the movement of population.– In \r\norder to facilitate the movement of the population in and around a local ar ea, the \r\nAuthority may from time to time– \r\n(a) subject to any conditions it may deem fit to impose– \r\n(i) guarantee the payment from the funds at i ts disposal, of such \r\nsums as it may deem fit, by way of interest on capital expended \r\non the construction, mainten ance or w orking of means of \r\nlocomotion; or \r\n(ii) make such payments as it may deem fit from the said funds, by \r\nway of subsidy to persons underta king to provide, maintain and \r\nwork any means of locomotion; or \r\n(b) either singly or in combination with any other person, construct, \r\nmaintain and work any means of locomotion, under t he provisions of \r\nany law applicable thereto; or \r\n(c) construct or widen, strengthen or otherwise improve bridges: \r\n Provided that no guarantee or subsidy shall be made under clause (a) \r\nand no means of locomotion shall be constructed, maintained or worked \r\nunder clause (b) without the previous sanction of Provincial Government. \r\n33. Power to make surveys or contribute towards their cost .– The Authority \r\nmay– \r\n(a) cause a survey of any land to be made when it considers that a survey \r\nis necessary or expedient for th e carrying out of any of the purposes of \r\nthis Act; or \r\n(b) contribute towa rds the cost of any such survey made by any other \r\nauthority. \r\n34. Power of entry .– (1) The Chairman or any person authorised by him in \r\nwriting, may enter upon and survey any land, erec t pillars for the determination of \r\nareas and intended lines of works, mak e borings and excavations for the discovery \r\nof water or any minerals, construct channels and aqueducts for securi ng the fl ow of \r\nwater, and do all other acts which may be necessary in order to carry out all or any \r\nof the objects of the Act: \r\n Provided that w hen the affected land does not vest in the Authority, powers \r\nconferred by this clause shall be exercised in such manner as to cause the least \r\ninterference with, and the least damage to the rights of the owner therein. \r\n (2) When any person enters into or up on any land in pursuance of \r\nsubsection (1), he shall at the time of entering pay or tender payment for all \r\nnecessary damag e to be done as aforesaid, and in case of dispute as to the \r\n \r\n1Omitted by the Act ibid., s.17. \r\nsufficiency of the amount so paid or tendered, he shall at once refer the dispute to \r\nthe \r\n1\r\n[Collector] whose decision shall be final. \r\n (3) It shall be lawful for any person authorised unde r subsect ion (1) to \r\nmake an entry for the purpose of inspection or search to open or cause to be opened \r\na door, gate or other barrier– \r\n(a) if he considers the opening thereof necessary for the purpose of such \r\nentry, inspection or search; and \r\n(b) if the occ upier or owner, as the case may be, is absent, or being \r\npresent, refuses to open such door, gate or barrier: \r\n Provided that compensation shall be paid for the damage caused in such \r\nmanner as the Authority may prescribe, and, in case of dispute as to its ad equacy, \r\nthe matter shall be referred to the \r\n2\r\n[Collector] whose decision shall be final. \r\n \r\n3\r\n[Provided further that such entry shall not be made w ithout reasonable notice \r\nto the owner or occupier which may be served by affixing a copy of the notice on the \r\nouter door, gate or other barrier.] \r\nCHAPTER VI \r\nACQUISITION, ABANDONMENT OF ACQUISITION AND LEVY OF \r\nDEVELOPMENT FEE \r\n35. Modification of Act I of 18 94.– For the purpose of compulsory acquisition of \r\nland by the Authority, the Land Acquisition Act, 1894\r\n4\r\n, shall be deemed to have been \r\nmodified as indicated in the Schedule to this Act. \r\n36. Acquisition of land in urgent cases .– (1) The Provincial Governmen t may \r\nby notification in the official Gazette declare any locality comprised in a local area to \r\nbe required immed iately for resettlement of refugees, as defined in \r\n5\r\n[any law for the \r\ntime being enforce or for development], or any other purpose, and direct t he \r\nAuthority to undertake in respect of such locality all or any such matters as may be \r\nincluded in a scheme under section 21. \r\n (2) After a notification has been issued under subsectio n (1) in respect of \r\nany locality the Authority may apply to the Collector who after giving such reasonable \r\nnotice to the owners and occupiers as may be prescribed, shall deliver possession of \r\nany land in such locality to the Authority and the land shall th ereupon, \r\nnotwithstanding anything contained in the Land Acquisition Act, 1894\r\n6\r\n, vest \r\n \r\n1Substituted for the word “Authority” by the Thal Development (Amendment) Act, 1955 (XX of 1955) , published in the Punjab \r\nGazette (Extraordinary), dated April 25, 1955, pp. 301-311, s. 18. \r\n2Substituted for the word “Authority” by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab \r\nGazette (Extraordinary), dated April 25, 1955, pp. 301-311, s. 18. \r\n3Added by the T hal Development (Amendment) Ordinance, 1985 (XIII of 1985), p ublished in the Punjab Gazette \r\n(Extraordinary), dated February 23, 1985, s. 2(b). \r\n4I of 1894. \r\n5Substituted for the words “the Pakistan Economic Rehabili tation Ordinance, 1948” by the Thal Develo pment (Amendment), \r\nAct, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), dated January 25, 1951, pp. 19-21, s. 2(1). \r\n6I of 1894. \r\nabsolutely in the Authority free from all encumbrances subject only to payment of \r\ncompensation under the Land Acquisition Act, 1894\r\n1\r\n, as modified by this Act. \r\n \r\n2\r\n[(3) When the possession of any land has been deliv ered to the Authority \r\nunder subsection (2) it shall do all acts in respect thereof in order to comply with the \r\ndirections contained in the notification issued under subsection (1).] \r\n \r\n3\r\n[(4) In respect of any land about which a notification under subsection (1) of \r\nthis section has been i ssued, the Authority may, before taking possession of the \r\nland, give an undertaking to the Collector, by resoluti on, that po ssession shall be \r\nrelinquished before the expiry of five year s from the date on which possession is \r\ntaken by it. If the possession o f any land in respect of which an undertaking has \r\nbeen so given, is not relinquished by the Authority before the expiry of t he said \r\nperiod of five years, its possession shall, on the ex piry of that period, automatically \r\nstand relinquished by the Authority. \r\n (5) On the relinquishment of p ossession of any land under sub section (4), \r\nthe Collector shall restore the same to the person or persons from whom possession \r\nhad been taken or their re presentatives in interest, who shall thereupon have the \r\nsame rights an d interests in the land as subsisted before its possession was \r\ndelivered to the Authority.] \r\n \r\n4\r\n[(6) The limitations and conditions contained in subsection (2) of section 21 \r\nshall apply t o a locality in respect of which a notification is issued under subse ction \r\n(1) of this section as if the said locality were the land in respect of which provision is \r\nto be made in a scheme for its acquisition.] \r\n37. Tribunals.– (1) For the purpose of perfor ming the functions of the Court in \r\nreference to the acquisition of la nd for the Authority under the Land Acquisition Act, \r\n1894\r\n5\r\n, as modified by this Act, the Provincial Government ma y by a notifi cation, \r\nconstitute one or more Tribunals, and may define the local limits of their jurisdictions. \r\n (2) The Tribunal shall consist of a President and two Assessors chosen by \r\nthe Provincial Government. \r\n (3) The President of the Tribunal shall be a person qualified to be a judge \r\nof the High Court: \r\n Provided that no per son shall be appointed as President or member of the \r\nTribunal if he i s a Me mber or would, if were a Member be liable to removal by the \r\nProvincial Government under section 9. \r\n (4) The term of offi ce of the President and members of the Tribunal shall \r\nbe two years and they shall be eligible for re-appointment. \r\n \r\n1I of 1894. \r\n2Substituted by the Thal Development (Amendment), Act, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), \r\ndated January 25, 1951, pp. 19-21, s. 2(2). \r\n3Ibid., s. 2(3). \r\n4Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated \r\nApril 25, 1955, pp. 301-311, s. 19. \r\n5I of 1894. \r\n (5) The Tribunal shall be deemed to be the Court and the President shall \r\nbe deemed to be the Judge for the purpose of compulsory acquisition under the \r\nLand Acquisition Act, 1894\r\n1\r\n. \r\n (6) The President of the Tribunal shall have the powers of a Civil Court \r\nunder the Code of Civil Procedure, 1908\r\n2\r\n, to summon and enforce the attendance of \r\nwitnesses and to compel the production of documents by them. \r\n (7) The Provincial Government may, on ground of inefficiency, misconduct, \r\nor for any other good and sufficient reasons, at its di scretion remove a member of \r\nthe Tribunal \r\n3\r\n[after giving him an opportunity of being heard]. \r\n (8) The Provincial G overnment may, by notification, frame rules\r\n4\r\n providing \r\nfor– \r\n(a) the method of filling the vacancies, on a member becoming \r\nincapacitated to work on account of illness or for any other reason; \r\n(b) the employment by the President of such ministerial staff as is \r\nnecessary to carry out the work of the Tribunal, and its scales of pay; \r\n(c) the emoluments or allowances to be paid to the President and the \r\nAssessors of the Tribunal; \r\n(d) the grant of leave, promotion, or taking of disciplinary action by the \r\nPresident in respect of the ministerial staff under him; and \r\n(e) generally for the conduct of business before the Tribunal. \r\n (9) For the purpose of the a ward to be made by the Tribunal under the \r\nLand Acquisition Act, 1894\r\n5\r\n, the following rules shall apply, that is to say– \r\n(a) if there is disagreement between the members of the Tribunal \r\nregarding measurement of land, or the amount of compensation or \r\ncosts, the opinion of the majority shall prevail; \r\n(b) the decision on question of law and procedure shall rest solely wi th the \r\nPresident; \r\n(c) the President shall not be bound to consult the Asse ssors relating to \r\nthe determination of persons to whom compensation i s to be paid, or \r\napportionment thereof and may in his discretion dispose of such \r\nquestion singly and in that case his decision shall be deemed to be a \r\ndecision of the Tribunal. \r\n (10) Every award of the Tribunal shall be deemed to be the award of the \r\nCourt under the Land Acquisition Act, 1894\r\n6\r\n, and shall be enforced by the Court of \r\n \r\n1I of 1894. \r\n2V of 1908. \r\n3Added by the Thal Development (Amen dment) Ordinance, 1985 (XIII o f 1985), published in the Punjab Gazette \r\n(Extraordinary), dated February 23, 1985, s. 2(c). \r\n4The Thal Development Authority (Tribunal) Rules, 1952 issued by the Sett lement and Colony Department were issued vide \r\nNotification No. 3853/C, dated July 18, 1952, published in the Punjab Gazette, Part I, dated July 25, 1952, p. 539. \r\n5I of 1894. \r\n6I of 1894. \r\nSenior \r\n1\r\n[Civil Judge] of the district in which the land under acquisition is situated as if \r\nit were the decree of that Court. \r\n38. Appeals.– (1) Subject to the provision of subsec tion (2), an appeal shall lie to \r\nthe High Court in any of the following cases, namely:– \r\n(a) where the decision is that of the President of the Tribunal sitting alone \r\nin pursuance of clause (c) of paragraph (9) of section 37; \r\n(b) where the decision is that of the Tribunal; and \r\n(i) the President of the Tribunal grants a certificate that the case is \r\nfit one for appeal; or \r\n(ii) the High Court grants special leave to appeal: \r\n Provided that the H igh Court shall not grant such special leave unless \r\nthe President ha s refused to grant a certificate under sub -clause (i) and the \r\namount in dispute is not less than rupees five thousand. \r\n (2) An appeal under clause (b) of subsection (1) shall only lie on o ne or \r\nmore of the following grounds, namely:– \r\n(i) the decision being contrary to law or to some usage having the force of \r\nlaw; \r\n(ii) the decision having failed to determine some mate rial issue of law or \r\nusage having the force of law; \r\n(iii) a substantial err or or defect in procedure which may possibly have \r\nproduced error or defect in the decision of the case upon merits. \r\n (3) Subject to the foregoing provisions, the provisions of the C ode of Civil \r\nProcedure, 1908\r\n2\r\n, with respect to appeals from original decree s shall, so far as may \r\nbe, apply to appeals under this section. \r\n (4) Every order passed by the High Court on appeal under this section \r\nshall be enforced by the court of the Senior \r\n3\r\n[Civil Judge] within the limits of whose \r\njurisdiction the award or order ap pealed against was made, as if it were a decree of \r\nthat Court. \r\n (5) An appeal under this section shall be deemed to be an appeal under \r\nthe Code of Civil Procedure, 1908\r\n4\r\n, within the meaning of Ar ticle 156 of the First \r\nSchedule to the \r\n5\r\n[*] Limitation Act, 1908\r\n6\r\n. \r\n39. Abandonment of acquisition .– (1) An owner of land comprise d in any \r\nscheme sanctioned by the Provincial Government, or any other person having an \r\n \r\n1Substituted for the words “Subordinate Judge” by the Punjab Adaptation of Provincial Laws Act, 1951 (II of 1952), published in \r\nthe Punjab Gazette (Extraordinary), dated January 19, 1952, pp. 31-32, s. 3. \r\n2V of 1908. \r\n3Substituted for the words “Subordinate Judge” by the Punjab Adaptation of Provincial Laws Act, 1951 (II of 1952), published in \r\nthe Punjab Gazette (Extraordinary), dated January 19, 1952, pp. 31-32, s. 3. \r\n4V of 1908. \r\n5Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955) , published in the \r\nPunjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. \r\n6IX of 1908. \r\ninterest therein, may appl y to the Autho rity that the acquisition of the land which is \r\nnot required f or the execution of the sche me be abandoned. The Authority may \r\nadmit for consideration such application if it is made at any time before the Collector \r\nhas made an award under sectio n 11 of the La nd Acquisition Act, 1894\r\n1\r\n. If the \r\napplication is admitted, the Authority shall intimate this fact to the Collector who shall \r\nthereupon stay further proceedings connected with the acquisition of land in respect \r\nof which the application is admi tted and the s ame shall not be reopened until so \r\ndesired by the Authority. \r\n (2) The Authority may, in its discretion, allow such application on payment \r\nof such fee and fulfillment of such terms and conditions as it may impose in this \r\nbehalf. \r\n (3) If any ap plication under subsection (1) is rejected by this Authority or \r\nthe fee imposed under subsection (2) is not paid by the person concerned within the \r\nperiod specified in that behalf by the Authority, the Authority shall intimate the fact to \r\nthe Collector who shall take up the proceedings for the acquisition of the land from \r\nthe stage at which they had been stayed. \r\n2\r\n[39-A. Time limit for payment of compensation.– (1) If compensation in respect of \r\nthe land, the acquisition whereof is provided in a scheme or whi ch has been ta ken \r\npossession of under section 36 or in any other manner, is not paid or tendered to the \r\nperson entitled thereto within twelve months– \r\n(a) from the date of the notification under section 6 of the Land Acquisition \r\nAct, 1894\r\n3\r\n; or \r\n(b) from th e date of the issue of the notification under sub section (1) of \r\nsection 36; or \r\n(c) from the date of taking possession of the land where such p ossession \r\nwas taken without any of the aforesaid notifications being issued, \r\n the Authority shall pay interest at the enhanced r ate of twelve per cent, per \r\nannum, after the expiry of the aforesaid period of twelve months. \r\n (2) In case any of the aforesaid notification was issued or possession of \r\nthe land was taken without the issue of such notification before the coming into force \r\nof the Thal Development Act (Amendment) Ordinance, 1955, and compensation is \r\nnot paid or tendered within twelve months of the c oming into force of that Ordinance, \r\ninterest at the enhanced rate of twelve per cent, per annum, shall be paid by the \r\nAuthority after the expiry of the aforesaid period of twelve months.] \r\n40. Development Fee.– (1)(a) When by the execution of any scheme und er this \r\nAct, any land in the area comprised therein which is not required for the execution \r\nthereof, will in the opinion of the Authority, be increased in value or will obtain benefit \r\nfrom t he execution of the scheme the Authority may, while framing the sc heme \r\nprovide, that in lieu of acquisition of such land a development fee shall be paid by the \r\nowner or any person having interest therein. \r\n \r\n1I of 1894. \r\n2Inserted by t he Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s.20. \r\n3I of 1894. \r\n(b) No development fee sha ll be charged under this Act on grounds on \r\nwhich a tax could be levied under the Thal (Incr ease in Value) Act, \r\n1940\r\n1\r\n. \r\n (2) The Authority may at any time after the sanction of the scheme under \r\nsection 25 b y resolution dec lare that for the purpose of levy of development fee the \r\nscheme shall be deemed to have been executed and shall thereupon proce ed to \r\nassess the demand in accordance with the rules framed by Provincial Government \r\nunder subsection (4). \r\n (3) In fixing the amount of development fee to be charged in respect of any \r\nland o r class of land, the Authority shall also take into consideration the actual \r\nexpenditure incurred or to be incurred in the execution of the scheme and the degree \r\nto which the land or any part of the land has or will be benefitted thereby. \r\n (4) The Provincial Government may frame rules providing for– \r\n(a) the manner in whi ch the demand for the development fee shall be \r\nassessed and distributed on the land comprised in the scheme and t he \r\nperson or persons by whom the fee shall be payable, \r\n(b) the acceptance by the authority of a satisfactory and sufficient security \r\nin lieu of immediate payment of development fee by an owner of land \r\nor any person interested therein, \r\n(c) the mode by which the development fee shall be realised and the \r\nnumber of instalments to be al lowed in this connection and the interest \r\nchargeable on balances outstanding from time to time, and \r\n(d) the mode of preferring appeal from assessment by the Authority and \r\nthe authority to which the appeal shall lie. \r\n \r\n2\r\n[(5) Nothing contained in subsection (2) of section 21 shall exempt any land \r\nfrom payment of the develop ment fee under this section if such land would, except \r\nfor the provisions of the said subsection (2) of section 21, be liable for acquisition.] \r\n3\r\n[41. * * * * * * * * * ] \r\nCHAPTER VII \r\nFINANCE \r\n42. Authority Fund.– (1) There shall be a fund to be known as ‘ Authority Fund’ \r\nvested in the Authority which shall be utilised by the Authority to meet charges in \r\nconnection wi th its functions under this Act including the salaries and other \r\nremunerations of the Members of the Authority and the Tribunal and any officer s and \r\nservants duly appointed under the Act. \r\n (2) All sums received by the Authority shall forthwith be credited to the \r\nAuthority Fund. \r\n \r\n1V of 1940. \r\n2Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated \r\nApril 25, 1955, pp. 301-311, s. 21. \r\n3Deleted by the Act ibid., s.22. \r\n1\r\n[42-A. The Budget .– The Authority shall prepare its an nual budget estimates and \r\nsubmit the same to the Provincial Gover nment by the end of the month of January \r\npreceding the commencement of the financial year to which it relates and the \r\nProvincial G overnment may modify the said estimates to such extent as it may \r\nconsider necessary.] \r\n43. Power to levy taxes .– (1) The Author ity may, with the previous sanction of \r\nthe Provincial Government, levy on any local area or part thereof any tax which the \r\nProvincial Legislature has power to impose in the Province \r\n2\r\n[under the Constitution]: \r\n \r\n3\r\n[Provided that the Provincial Government may, on the recommendation of the \r\nAuthority, exempt any person from the payment of the whole or any part of any such \r\ntax due from him, subject to such conditions as the Provincial Government may \r\nimpose.] \r\n44. Grants-in-aid.– (1) The Provincial Government may al low any grant-in-aid to \r\nthe Authority for carrying out its duties under the Act. \r\n (2) Any local body may, and whe n so required by t he Provincial \r\nGovernment shall, grant such amount of money to the Authority as may be \r\nprescribed. \r\n45. Power of the Authority to borrow money .– The Authority shall be deemed \r\nto be a local authority under the Local Authorities Loans Act, 19 14\r\n4\r\n, for the purpo se \r\nof borrowing money under that Act, and the making and exec ution of any scheme \r\nunder this Act shall be deemed to be a work which such authority is legally \r\nauthorised to carry out \r\n5\r\n[:] \r\n \r\n6\r\n[Provided that the Authority shall not borrow any money without the p revious \r\nsanction of the Provincial Government.] \r\n46. Custody and investment of Authority Funds .– (1) In places where there is \r\na Government treasury or sub -treasury, or a bank to which the Government treasury \r\nbusiness has been made over, a ll moneys at the cr edit of the Authority shall be kept \r\nin such treasury, sub-treasury or bank. \r\n (2) In places where there is no such treasury or sub-treasury or bank, such \r\nmoneys may be kept with a banker or person acting as a banker, who has given \r\nsuch security for the safe custody and repayment on demand of the sum so kept as \r\nthe Provincial Government may in each case deem sufficient. \r\n (3) \r\n1\r\n[Nothing] in the foregoing provisions of this section shall be deemed to \r\npreclude the Authority from investing any s uch moneys which ar e not required for \r\n \r\n1Added by the Act ibid., s. 23. \r\n2Substituted for the words and figure “under the provisions of the Government of India A ct, 1935” by the Thal West Pak istan \r\nLaws (Adaptation) Order, 1964 (w.e.f June 8, 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 3, \r\n1964, pp. 1805-1849, Article 2(1) read with Schedule. \r\n3Substituted by the Thal Development (Am endment) Act, 1955 (XX of 1955 ), published in the Punjab Gazette (Extraordinary), \r\ndated April 25, 1955, pp. 301-311, s. 24. \r\n4IX of 1914. \r\n5Replaced the ‘ full-stop’ by the Thal Development (Amendm ent) Act, 1955 (XX of 1955), published in the Punjab Gazette \r\n(Extraordinary), dated April 25, 1955, pp. 301-311, s. 25. \r\n6Added by the Act ibid. \r\nimmediate expenditure in any of the securities described in section 20 of the \r\n2\r\n[Trusts] \r\nAct, 1882\r\n3\r\n, or placing them in fixed deposit with a bank approved by the Provincial \r\nGovernment. \r\n47. Procedure if the Authority fai ls to make any paym ent in respect of loans \r\nof the Authority.– If any money borro wed under section 45 or any interest or costs \r\ndue in respect thereof is or are not repaid according to the conditions of the loan, the \r\nProvincial Government shall itself make s uch payment and may attach the rents and \r\nother income of the Authority; and ther eupon the provisions of section 5 of the Local \r\nAuthorities Loans Act, 1914\r\n4\r\n, shall, with all necessary modifications, be deemed to \r\napply. \r\n48. Procedure if the Authority fails t o make any payment due to Provincial \r\nGovernment.– The Provincial Government may further impose or increase a tax on \r\nthe annual value of buildin gs or lands situated within the local area and enhance the \r\nrate of land revenue and abiana within the local area to such extent as m ay be \r\nnecessary for the purpose of recouping a payment made under section 47. \r\n49. Payment by Provincial Government to be a charge on the property of the \r\nAuthority.– All moneys paid by the Provincial Government shall constitute a charge \r\nupon the property of the Authority. \r\n5\r\n[CHAPTER VII-A \r\nAUDIT AND ACCOUNTS \r\n49-A. Maintenance of accounts and their audit .– (1) The Authority shall maintain \r\nproper accounts and other relevant records and prepare an annual statement of \r\naccounts, including the pr ofit and loss accou nt a nd balance -sheet, in accordance \r\nwith such general directi ons as may be issued, and in such form as may be \r\nspecified, by Government in consultation with the Comptroller and Auditor-General of \r\nPakistan, hereafter in this section referred to as the Auditor-General. \r\n (2) The Auditor-General shall audit or cause to be audited the accounts of \r\nthe Authority. \r\n (3) The Authority sha ll produce all accounts, books and connected \r\ndocuments and furnish such explanations and information as the Audit or-General, or \r\nany officer authorised by him in this behalf, may require at the time of audit. \r\n (4) A statement of its accounts audited by the Auditor-General together \r\nwith his report thereon shall be furnished to Government by the Authority, as soon as \r\npossible after the end of every financial year. \r\n \r\n1Substituted for the words “Provided that nothing” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 195 4 (XV of \r\n1955), dated January 21, 1955, published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read \r\nwith First Schedule. \r\n2Substituted for the words “Indian Trust” by the Act ibid. \r\n3II of 1882. \r\n4IX of 1914. \r\n5Inserted by the Thal Development (Amendment) Act, 1967 (IX of 1967), publ ished in the Gazette of West P akistan \r\n(Extraordinary), dated July 21, 1967, pp. 2013-D-2013-F, s. 2. \r\n49-B. Submission of annual report to Government.– (1) The Authority shall, as \r\nsoon as possible a fter the end of every financial year, submit an annual report to \r\nGovernment on the conduct of its affairs for that year. \r\n (2) Government may require the Authority to furnish it with– \r\n(a) any return , estimate, statement, statistics or other information \r\nregarding any matter under the control of the Authority; or \r\n(b) a report on any such matter; or \r\n(c) a copy of any doc ument in the charge of the Authority, and the \r\nAuthority shall comply with every such requisition. \r\n49-C. Submission of Accounts and Annual Repo rt, etc. to the Provincial \r\nAssembly.– (1) The statement of accounts of the Authority referred to in sub -section \r\n(4) of section 49 -A, together with the Report of the Comptroller and Auditor -General \r\nof Pakistan, and the Annual Report referred to in section 4 9-B, shall be placed by \r\nGovernment before the Provincial Assembly of West Pakistan\r\n1\r\n as soon as possible, \r\nafter th ey are received, and th e Provincial Assembly shall refer the same to its \r\nCommittee on Public Accounts for scrutiny. \r\n (2) The Committee on Publi c Accounts shall scrutinize and examine the \r\nreports referred to it under sub -section (1) in the same manner as, a nd shall in \r\nrespect ther eof perform the same functions and exercise the same powers a s are \r\nrequired by it to be performed and exercised in resp ect of appropriation accounts of \r\nthe Provincial Government and the report of the Comptroller and Auditor -General of \r\nPakistan thereon. \r\n (3) The Authority shall produce such documents and furnish such \r\nexplanation and information to the Committee referred to in sub-section (1) as the \r\nCommittee may require at the time of the examination of the accounts.] \r\nCHAPTER VIII \r\nRULES AND BYE-LAWS \r\n50. Power of Provincial Government to make rules .– (1) In addition to the \r\npower conferred by any other provision of this Act, the Provincial Government may \r\nby notification in the Gazette make rules consistent with this Act:– \r\n(i) as to the authority on which mone y may be paid from the Authority \r\nFund; \r\n(ii) for fixing the fe es payable for copies of, or extracts from, the records \r\nfurnished by the Chairman; \r\n(iii) as to the employment, payment, suspension and removal of officers \r\nand servants of t he Authority and the co nduct of such officers and \r\nservants; \r\n(iv) as to the intermedi ate office or offices (if any) through which \r\ncorrespondence between the Authority and the Provincial Government \r\nor servants of the Government shall pass; \r\n \r\n1Now the Provincial Assembly of Punjab. \r\n(v) as to the acco unts to be kept by the Authority, the manner in which \r\nsuch accounts shall be audited and published, and the powers of \r\nauditors in respect of disallowance and surcharge; \r\n(vi) as to the authority by whom, the conditions subject to which and the \r\nmode in which contracts may be enter ed into and executed on behalf \r\nof the Authority; \r\n(vii) as to the preparation of estimates of income and expenditure of t he \r\nAuthority and the authority by whom and the conditions subject to \r\nwhich such estimates may be sanctioned; \r\n(viii) as to the returns, s tatements and reports to be submitted by the \r\nAuthority; \r\n(ix) to prescribe and define the mutual relations , to be observe d between \r\nthe Authority and other local authorities in any matter in which they are \r\njointly interested; \r\n(x) for regulating the grant of leave of absence, leave allowance and acting \r\nallowances to the officers and servants of the Authority; \r\n(xi) for establis hing and maintaining a provident or annuity fund for \r\ncompelling all or any of the officers in the service of the Authority or of \r\nthe Tribunal (other than any servant of Government in respect of who m \r\na contribution is paid under section 70) to contribute to such fund at \r\nsuch rates and subject to such conditions as may be prescribed by \r\nsuch rules and for supplementing such contributions out of the funds of \r\nthe Authority: \r\n Provided that a Government servant, employed as an officer or servant \r\nof the Tribunal sh all not be entitled to leave or leave allowances \r\notherwise than as may be prescribed by the conditions of his ser vice \r\nunder the Government; \r\n(xii) for determining the conditions under which the offi cers and servants of \r\nthe Authority or of the Tribunal, or a ny of them, shall on retirement \r\nreceive gratuities or compassionate allowances; and the amount of \r\nsuch gratuities and compassionate allowances: \r\n Provided that it shall be at the discretion of the A uthority or of the \r\nTribunal, as the case may be, to determi ne whether all such officers \r\nand servants or any, and if so which of them, shall become entitled on \r\nretirement to any such gratuities or compassionate allowances as \r\naforesaid; \r\n(xiii) generally for the guidance of the Authority and public officer in all \r\nmatters connected with the carrying out of the provisions of this Act; \r\n(xiv) for regulating the grant of subsidies t o the Authority by the Provincial \r\nGovernment, the conditions under which they may be earned or \r\nforfeited and the arrangements for their repayment \r\n1\r\n[;] \r\n \r\n1Replaced the ‘full -stop’ by the Thal Development (A mendment) Act, 1955 (XX of 1955), published in the Punjab Gaz ette \r\n(Extraordinary), dated April 25, 1955, pp. 301-311, s. 26. \r\n1\r\n[(xv) to prescribe the manner in which the proceedings of the meetings of \r\nthe Authority or the Committees shall be recorded and confirmed; \r\n(xvi) to prescribe the manner in which the Authority shall prepare and submit \r\nits budget to the Provincial Government; \r\n (xvii) to prescribe the qualifications for appointment to the posts requiring \r\nprofessional skill; \r\n(xviii) as to the procedur e to be followed for the employment, punishment \r\nincluding suspension, removal or dismissal of officers and servants of \r\nthe Authority and appeals from orders of punishment; \r\n2\r\n[(xix) to prescribe the manner in which and the officers to whom appeals and \r\nrevisions shall lie against the orders passed by the Chairman or an y \r\nofficer of the Authority or the Administrator or any othe r officer of \r\nProvincial Government in connection with the colonization of lands \r\nbelonging to and vested in the Authority.]] \r\n (2) All acts authorised or enjoined under this Act shall be held to be \r\nauthorised or enjoined subject to such rules. \r\n51. Power of the Authority to make Bye-laws.– The Authority may from time to \r\ntime with the previous sanction of the Provincial Government, make bye -laws \r\nconsistent with this Act and with any rules made under this Act by the Provincial \r\nGovernment– \r\n(i) for fixing the amou nt of security to be furnished by any officer or \r\nservant of the Authority from whom it may be deemed expedient to \r\nrequire security; \r\n(ii) for associating persons with the Authority under subsection ( 1) of \r\nsection 12; \r\n(iii) for regulating the delegation of p owers or duties of the Authority to \r\ncommittees or to the Chairman; \r\n(iv) for the guidance of persons employed by it under this Act; \r\n(v) for the management, use and regulation of dwellings constructed under \r\nany scheme under this Act; and \r\n(vi) generally for d ischarging of the functions of the Authority under this \r\nAct. \r\n52. Printing and sale s of copies of Bye-laws.– (1) The Chairman shall cause \r\nthe bye -laws made under section 46 to be printed and shall ca use printed copies \r\nthereof to be delivered to any applicant on payment of such fees as may be fixed. \r\n (2) Notice of the fact of copies of bye -laws being obtainable at the said \r\nprice and of the pl ace where and the person from whom the same are obtainable \r\nshall be given by the Chairman by advertisement in a newspaper or newspapers. \r\n \r\n1Added by the Act ibid. \r\n2Substituted by the Thal Development (Amendment) Act, 1973 (XXVII of 1973) (w.e.f. July 29 , 1949), published in the Punjab \r\nGazette (Extraordinary), dated December 29, 1973, pp. 1941-G-1941-I, s. 2. \r\n53. Power of Provincial Government to cancel bye -laws made under section \r\n51.– The Provincial Go vernment may, after prev ious publication of its intention, \r\ncancel any bye -laws made b y the Authority which it has sanctioned, and thereupon \r\nthe bye-laws shall cease to have effect. \r\nCHAPTER IX \r\nPROCEDURE AND PENALTIES \r\n54. Stamping signature on notices or bil ls.– Every notice or bil l issued by the \r\nAuthority under this Act shall be signed by t he Chairman, or by any other Member or \r\nany officer or serv ant of the Authority specially or generally authorized by the \r\nAuthority, or so authorised by the Chairman under s ubsection (1) of section 19, and \r\nevery such notice or bill shall be deemed to be prop erly signed, if it bears the \r\nfacsimile of the signature of the Chairman or such Member, officer or servant \r\nstamped or printed thereon. \r\n55. Method of giving public notice .– Subject to the provisions of this Act, every \r\npublic notice required under this Act s hall be deemed to have been duly given if it is \r\npublished in some newspaper and posted upon a notice board to be exhibited for \r\npublic information at the building in which the meetings of the Authority are ordinarily \r\nheld. \r\n56. Service of notice.– (1) Every notice other than a public notice, and every bill, \r\nissued under this Act shall, unless it is under this Act otherwise expressly provided, \r\nbe served or presented– \r\n(a) by giving or tendering the notice or bill, or sending it by registered post, \r\nto the person to whom it is addressed, or \r\n(b) if such person cannot be found, then by leaving the notice or bill at his \r\nlast known place of abode, or by giving or tendering it to some adult \r\nmale member or servant of his family, ordinarily residing with him, or by \r\ncausing it to be affixed on some conspicuous part of the buildi ngs or \r\nland to which it relates. \r\n (2) When a notice is required or permitted under this Act to be served \r\nupon an owner, occupier or tenant, as the case may be, of a building or land, it shall \r\nnot be necessary to name the owner, occupier or tenant therein, and the service \r\nthereof, in cases not otherwise specially provided for in this Act, shall be effected \r\neither– \r\n(a) by giving or tendering the notice, or sending it by post, to the owner, \r\noccupier or tenant, or if there be more owners, occupiers or tenants \r\nthan one to any one of them; or \r\n(b) if such owner, occupier or tenant cannot be found, then by giving or \r\ntendering the notice to an adult male member or servant of his family \r\nordinarily residing with him or by causing the notice to be affixed on \r\nsome conspicuous part of the building or land to which it relates. \r\n (3) Whenever the person on whom a notice or bill is to b e served is a \r\nminor, ser vice upon his guardian or upon an adult male member or servan t of his \r\nfamily ordinarily residing with him shall be deemed to be service upon the minor. \r\n57. Disobedience to Act or to notice .– Where under this Act or a notice issued \r\nthereunder the public or any person is required to do or to refrain from doing \r\nanything, a person who fails to comply with such requisition shal l, if such failure is \r\nnot an offence punishable under any other section, be liable on conviction by a \r\nMagistrate to a fine not exceeding five hundred rupees for every such failure, and in \r\nthe case of a continuing breach, to a further fine which may extend to fifty rupees for \r\nevery day after the date of the last conviction during which the offender is proved to \r\nhave persisted in the breach: \r\n Provided that when the notice fixes a time within which a ce rtain act is to be \r\ndone, and no time is specified in this Act, it shall rest with the Magistrate to \r\ndetermine whether the time so fixed was a reasonable time within the me aning of \r\nthis Act. \r\n58. Powers of the Authority to execute works on failure to comply with \r\nnotice.– If a notice has been given by the Authority under this Act to a person \r\nrequiring him to execute a work in respect of any property, movable or immovable, \r\npublic, or private, or to pr ovide or do or refrain from doing anything within a time \r\nspecified in the notice, and if such person fails to comply wi th such notice, then the \r\nAuthority may cause such work to be executed or such thing to be provided or done, \r\nand may recover all expenses incurred by it on such account from the said person. \r\n59. Liability of occupier to pay in default of owner .– (1) If the person to whom \r\nthe notice mentioned in section 53 has been given is the owner of the property in \r\nrespect of which it is given, the Author ity may (whether any action or other \r\nproceedings has been bro ught or taken against such owner or not) require the \r\nperson (if any) who is the occupier or tenant of such property or a part thereof under \r\nsuch owner, to pay to the Autho rity instead of paying t o the owner the rent payable \r\nby him in respect of such proper ty, as it falls due, up to the amount recoverable from \r\nthe owner under section 58; and any such payment made by the occupier or tenant \r\nto the Authority shall, be deemed to have been made to the owner of the property. \r\n (2) For the purpose of deciding whethe r action should be taken under \r\nsubsection (1) the Authorit y may require an occupier or tenant of property to furnish \r\ninformation as to the sum payable by him as rent on account of such property and as \r\nto the name and address of the person to whom it is pay able; and if the occupier or \r\ntenant refuses to furnish suc h information he shall be liable for the whole of the \r\nexpenses as if he were the owner. \r\n60. Right of occupier to execute works in default of owner .– Whenever \r\ndefault is made by the owner of a buildi ng or land in the execution of a work required \r\nunder this Act to be executed by him, the occupier or tenant of such building or land \r\nmay, with the approval of the Authorit y, cause such work to be executed and the \r\nexpense thereof shall be paid by the owner, or the amount may be deducted out of \r\nthe rent from time to time becoming due from him to such owner. \r\n61. Procedure upon opposition to execution by occupier .– (1) If, afte r \r\nreceiving information of the intention of the owner of any building or land to take any \r\naction in respect thereof in compliance with a notice issued under this Act, the \r\noccupier or tenant refuses to allow such owner to take such action, the owner may \r\napply to a Magistrate. \r\n (2) The Magistrate upon proof of such refusal may by order in wr iting \r\nrequire the occupier or tenant to give the owner rea sonable facility for executing \r\nsuch works, with respect to such building or land, as may be necessary for \r\ncompliance with the notice, and may also, if he deems fit, order the occupier or \r\ntenant to pay to the owner the costs relating to such application or order. \r\n (3) If, after the expiration of eight days from the date of the Magistrate’s \r\norder, the occupier or tenan t continues to refuse to allow the owner to execute such \r\nwork the occupier or tenant shall be liable upon conviction, to a fine which may \r\nextend to twenty -five rupees for every day during which he has so continued to \r\nrefuse. \r\n (4) Every owner, during the co ntinuance of such refusa l, shall be \r\ndischarged from any penalties to which he might o therwise have become liable by \r\nreason of his default in the execution of such works. \r\n62. Recovery of cost of work by the occupier.– When the occupier or tenant of a \r\nbuilding or land has, in compl iance with a notice issued under this Act, executed a \r\nwork for which the owner of such building or land is responsible either in pursuance of \r\nthe contract of tenancy or by law, he shall be entitled to recover from the owner by \r\ndeduction from the rent payable by him or otherwise the reasonable cost of such work. \r\n63. Relief to agents and trustees .– (1) When a person, by reas on of his \r\nreceiving, or being entitled to receive, the rent of immovable property as trustee or \r\nagent of a person or society would, under this Act, be bound to discharge an \r\nobligation imposed by thi s Act on the owner of the property for the discharge of \r\nwhich money is required, he shall not be bound to discharge the obligations unless \r\nhe has, or but for his own impro per act or default might have had, in his hands funds \r\nbelonging to the owner sufficient for the purpose. \r\n (2) When an agent or trustee has claimed and established his right to relief \r\nunder this section, the Authority may give him notice to apply to the dis charge of \r\nsuch obligation as aforesaid the moneys which come to his hands on behalf o r for \r\nthe use of the owner, and should he fail to comply w ith such notice, he shall be \r\ndeemed to be personally liable to discharge such obligation. \r\n64. Penalty for removing fence, etc.– If any person, without lawful authority– \r\n(a) removes any fence, or any timber used for propping or supporting any \r\nbuilding, wall or other thing, or extinguishes any light set up at any \r\nplace where the surface of a street or other ground has been opened \r\nor broken up by the Authority for the purpose of carrying out any work; \r\nor \r\n(b) infringes any order given, or removes any bar, chain or post fixed by \r\nthe Authority for the purpose of closing any street to traffic, \r\nhe shall be punishable with fine which may extend to fifty rupees. \r\n65. Penalty for obstructing contractor or removing mark.– If any person– \r\n(a) obstructs, or molests any pers on with whom the Authority has entered \r\ninto a contract under this Act in the performance or execution of the \r\ncontract by such person, or \r\n(b) removes any mark set up for the purpose of indicating any level or \r\ndirection necessary to the execution of works authorised under this Act, \r\nhe shall be punishable with fine which may extend to two hundred rupees or \r\nwith imprisonment for a term which may extend to two months. \r\n66. Power of Authority in case of squ atters and trespasses .– When the \r\nChairman is satisfied tha t any person has taken or is in possession of land \r\ncomprised in any scheme, or any other land owned by or vested in the Authority, to \r\nwhich he has no right or title, the Chairman, or any person auth orised by him in \r\naddition to any other powers he may posse ss, may forthwith, with the use of such \r\nforce as may be necessary, re-enter upon the land, and resume possession of it and \r\ntake possession of all crops, trees and buildings thereon on behalf of the Authority \r\nwithout payment of any compensation whatsoever. \r\n67. Penalty for unauthorized cultivation etc.– If any person, without permission \r\nof the Chairman of the Authority– \r\n(a) clears or breaks up for cultivation or cultivates any land which is owned \r\nby or in the possession of the Authority and is not included in any \r\ntenancy or allocated residential enclosures, or which has been set \r\napart for the common purposes of a town o r a village community or \r\nsection of the same or for a road, canal or watercourse; or \r\n(b) erects any buildings on any such land; or \r\n(c) fells or otherwise destroys standing trees on such land; or \r\n(d) otherwise encroaches on any such land; or \r\n(e) makes an excavation or constructs a water channel on any such land, \r\n he shall be punished on conv iction by a Magistrate with a fine not \r\nexceeding two hundred rupees. \r\nExplanation.– The felling of trees planted by an owner or tenant on any village road \r\nor watercourse traversing his holding is not an offence under this section. \r\n68. Additional powers of t he Chairman of the Authority in regard to \r\noffences.– When the Chairman of the Authority is satisfied that an act punishable \r\nunder section 67 has been committed he may in lieu of proceedings again st the \r\noffender under that section or after conviction of the offender under that section– \r\n(i) in the case of an offen ce under section 67, subsection (a) confiscate \r\nthe crops growing on any land cultivated in contravention of this Act or, \r\nif the crops have been cut, recover such sum as he may assess as the \r\nvalue thereof from the offender; \r\n(ii) in the case of an offence un der section 67, subsection (c), recover \r\nsuch sum as he may assess as the value of the trees or tree \r\ndestroyed; \r\n(iii) in the case of an off ence under section 67, subsections (b), (d) or (e) \r\ncause the building or other encroachment to be demolished or \r\nremoved or the excavation or channels to be filled up and levy the cost \r\nof so doing from the person responsible for such act. \r\nCHAPTER X \r\nSUPPLEMENTAL PROVISIONS \r\n69. Members, etc., deemed public servants .– Every member, and every officer \r\nand servant of the Authori ty, and every member and officer and servant of the \r\nTribunal, shall be deemed to be a public servant within the m eaning of section 21 of \r\nthe \r\n1\r\n[Pakistan] Penal Code. \r\nCONTRIBUTIONS BY THE AUTHORITY TOWARDS LEAVE, \r\nALLOWANCES AND PENSIONS OF GOVERNMENT SERVANTS \r\n70. Contributions by the Authority towards leave, allowances and pensions \r\nof Government servants .– The Authority shall be liable to pay such contributions \r\nfor the leave, allowances and pension of a ny Government servant employed as \r\nChairman or as an offic er or servant of the Authority, or as a member or officer or \r\nservant of the Tribunal as may be required by the co nditions of his service under the \r\nGovernment to be paid to him or on his behalf. \r\nLEGAL PROCEEDINGS \r\n71. Authority for prosecution .– No court sha ll take cognizance of any offence \r\npunishable under this Act, except on the complaint of the Chairman or some pers on \r\nauthorised by the Auth ority or by the Chairman by general or special order in this \r\nbehalf. \r\n72. Recovery of dues .– The Chairman or any person generally or specially \r\nauthorised by him may apply to the Collector for the recovery of any sum due under \r\nthis A ct or by agreement made u nder this Act and the Collector shall thereupon \r\nproceed to recover the sum due as if it were an arrear of land revenue. \r\n73. Powers of Chairman as to institution, etc., of legal proceedings and \r\nobtaining legal advice.– The Chairman may, subject to the control of the Authority– \r\n(i) institute, defend or withdraw from legal proceedings under this Act, \r\n(ii) compound any offence against this Act, \r\n(iii) admit, compromise or withdraw any claim made under this Act, and \r\n(iv) obtain such legal advice and assistance as he may, from time to time, \r\ndeem it necessary or expedient to obtain, or as he may be desired by \r\nthe Authority to obta in, for any of the purposes referred to in the \r\nforegoing clauses of this section, or for securing the lawful exer cise or \r\ndischarge of any power or duty vested in or imposed upon the Authority \r\nor any officer or servant of the Authority. \r\n74. Indemnity to the Authority.– No suit shall be maintainable against the \r\nAuthority, or any Member, or any officer or servant of the Authority or any person \r\nacting under the direction of the Authority, or of the Chairm an or of any officer or \r\nservant of the Authority in respe ct of anything done lawfully and in good faith and \r\nwith due care and attention under this Act. \r\n \r\n1Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), published i n \r\nthe Punjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. \r\n1\r\n[74-A. Bar of Jurisdiction of Civil Courts.– A Civil Court shall have no jurisdiction \r\nin any matter, wh ich the Collector is empowered by this Act to dispose of and shall \r\nnot take cognizance of the manner in which the Provincial Government, Board of \r\nRevenue, Collector or any other Revenue Officer e xercises any power vested in him \r\nby or under this Act.] \r\n75. Notice of suit against the Authority, etc .– (1) No suit sh all be instituted \r\nagainst the Authority or any Member, or any person associated with the Authority \r\nunder section 12 or any member of a Com mittee appointed under section 13 or any \r\nofficer or servant o f the Authority or any person acting under the direction of the \r\nAuthority or of the Chairman or of any officer or servant of the Authority, in respect of \r\nan act purportin g to be done under this A ct, until the expiration of two months next \r\nfrom notice in wr iting has been, in the case of the Authority, left at its office, and in \r\nany other case delivered to or left at the office or place of abode of the person to be \r\nsued, explicitly stating the cause of action, the nature of the relief sought, the amount \r\nof compensation claimed and the name and place of abode of the intending plaintiff; \r\nand in case the suit is filed the plaint shall contain a statement that such notice has \r\nbeen so delivered or left. \r\n (2) If the Authority or other person referred to in subsectio n (1) shall before \r\nthe action is commenced have tendered in the opinion of the court sufficient amends \r\nto the plaintiff the plaintiff shall not recover any sum in excess of the amount so \r\ntendered and shall also pay all costs incurred by the defendant after such tender. \r\n (3) No action such as is described in subs ection (1) shall, unless it is an \r\naction for the recovery of immovable property or for a declaration of the title thereto, \r\nbe commenced otherwise than within six months next after the accrual of the cause \r\nof action: \r\n Provided that nothing in subsection (1) shall be construed to apply to a suit \r\nwherein the only relief claimed is an injunction of which the object would be defeated \r\nby the giving of the notice or the postponement of the commencement of th e suit or \r\nproceedings. \r\n \r\n2\r\n[(4) Where any such suit is inst ituted without delivering or leaving such \r\nnotice as aforesaid or before the expiration of the said period of two months or where \r\nthe plaint does not contain a statement that such notice has been so delivered or left, \r\nthe plaintiff shall not be entitled to any costs.] \r\nEVIDENCE \r\n76. Mode of proof of the Authority records.– A copy of any receipt, application, \r\nplan, notic e, order, entry in a regis ter, or other document in the possession of the \r\nAuthority, sh all if duly certified by the legal keeper thereof, or ot her person \r\nauthorised by the Authority in this behalf be received as prima facie evidence of the \r\nexistence of the entry or document and sha ll be admitted as evidence of the matters \r\nand transactions th erein recorded in every case where, and to the same exte nt, as \r\n \r\n1Added by the Thal Development (Punjab Amendment) Act, 1975 (XLVI of 1975) (w.e.f. July 29, 1949), published in the Punjab \r\nGazette (Extraordinary), dated July 19, 1975, pp. 995-A-995-B, s. 2. The Act ibid. extends to the Districts of Mianwali and \r\nMuzaffargarh and the Khushab Sub-Division of Sargodha District; provided that the Provincial Government may by notification \r\nextend all or any of the provision of this Act in any other part of the Province of the Punjab, s. 1(3). \r\n2Added by the Thal Development (Amendment) Ordinance, 198 5 (XIII of 1985), published in the Punjab Gazette \r\n(Extraordinary), dated February 23, 1985, s. 2(d). \r\nthe original entry or document would, if produced, have been admissible to prove \r\nsuch matters. \r\n77. Restriction on the summoning of t he Authority servants to produce \r\ndocuments.– No member or off icer or servant of the Authority shall in any legal \r\nproceedings to which the Authority is not a party be required to produce any register \r\nor document the contents of whi ch can be proved under the preceding section by a \r\ncertified copy, or to appear as a wit ness to prove the matters and transactions \r\nrecorded therein unless by order of the Court made for special cause. \r\nVALIDATION \r\n78. Validation of acts and proceedings .– (1) No act done or proceedings taken \r\nunder this Act shall be questioned on the ground merely of– \r\n(a) the existence of any vacancy in, or any defect in the constitution of the \r\nAuthority or, of any committee; or \r\n(b) any person having ceased to be a Member; or \r\n(c) any Member or any person associated with the Authority under section \r\n12 or any other member of a committee appointed under this Act , \r\nhaving v oted or taken any part in any proceeding in contravention of \r\nsection 15; or \r\n(d) the failure to serve a notice on any person, where no subst antial \r\ninjustice has resulted from such failure; or \r\n(e) any omission, defect or irregularity not affecting the merits of the case. \r\n (2) Every meeting of the Authority, the minutes of the proceedings of which \r\nhave been duly signed as prescribed in clause (e), subsection (1) of section 11, shall \r\nbe taken to have been duly convened and to be free from all defects and \r\nirregularities. \r\nCOMPENSATION \r\n79. General power of the Authority to pay compensation .– In any case not \r\notherwise express ly provided for in this Ac t the Authority may pay reasonable \r\ncompensation to any person who sustains damage by reason of the exercise of any of \r\nthe powers vested under this Act in the Authority or the Chairman or any officer or \r\nservant of the Authority. \r\n80. Compensation for damage to Authority’s property .– (1) If on account of \r\nany act or omi ssion, any person has been convicted of any offence unde r this Act, \r\nand by reason of such act or omission damage has occurred to any property of the \r\nAuthority, compensat ion shall be paid by the s aid person for the said damage \r\nnotwithstanding any punishment to which he may have been sentenced for the said \r\noffence. \r\n (2) In the event of dispute, the amount of compensation payable by the \r\nsaid person shall be determined by the Court before whom he was convicted of the \r\nsaid offence. \r\n (3) If the amount of any comp ensation due under this section be not paid, \r\nthe same shall be recovered under a warrant from the said Magistrate, as if it were a \r\nfine imposed by him on the person liable therefor. \r\nDISSOLUTION OF THE AUTHORITY \r\n81. Ultimate dissolution of the Authority and transfer of its assets and \r\nliabilities to an Administra tor.– (1) When all schemes sanctioned under this Act \r\nhave been executed or have been so far executed as to render the continued \r\nexistence of the Authority, in the opinion of the Provincial Government, unnecessary, \r\nor when in the opinion of the Provincial G overnment it is expedient that the Authority \r\nshall cease to exist, the Provincial Government may by notification declare that the \r\nAuthority shall be dissolved from such date as may be specified in this behalf in such \r\nnotification; and the Authority shall be deemed to be dissolved accordingly. \r\n (2) From such date– \r\n(a) all properties, funds and dues which are vested in or realisable by the \r\nAuthority and the Chairman respectively shall vest in and be real isable \r\nby an Administrator appointed by the Provincial G overnment in this \r\nbehalf, \r\n(b) all liabilities which are enforceable against the Authority shall be \r\nenforceable only against the Administrator, \r\n(c) for the purpose of completing the execution of any sc heme, sanctioned \r\nunder this Act which has not been fully executed by the Authority, and \r\nof realising properties, funds, and dues referred to in clause (a) the \r\nfunctions of the Authority and the C hairman under this Act shall be \r\ndischarged by the Administrator, and \r\n(d) the Administrator shall keep separate accoun ts of all moneys \r\nrespectively received and expended by him under this Act, until all \r\nloans raised hereunder have been repaid, and until all other liabilities \r\nreferred to in clause (b) have been duly met. \r\n \r\n1\r\n[(3) The Administrator may delegate any of his pow ers and functions under \r\nthis section to any authority or officer subordinate to the Provincial Government, or \r\nany person employed by the Authority under section 16.] \r\n \r\n2\r\n[(4) The Administrator may dispos e of the rights, properties and assets of \r\nthe Authority, and discharge the liabilities of the Authority, subject to such directions \r\nas may be given by Government from time to time. \r\n (5) The Admi nistrator, in the matter of writing off losses, shall have th e \r\nsame powers as are conferred by the Government on its Administrative Department: \r\n Provided that cases involving writing off losses for amounts larger than those \r\ncovered by the powers given by th is sub -section shall be referred by the \r\nAdministrator to and decided by the Government. \r\n \r\n1Added by the Thal Development Act (West Pakistan Amendment) Ordinance, 1969 (XXIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated November 4, 1969, pp. 1957-1958, s. 2. \r\n2Added by the Thal Development (Amendment) Act, 1973 (XXVII of 1973), published in the Punjab Gazette (Extraord inary), \r\ndated December 29, 1973, pp. 1941-G-1941-I, s. 3. \r\n (6) Any properties and a ssets left over after all the liabilities have been \r\ndischarged shall vest in the Government and all liabilities left undischarged after all \r\nthe properties and assets have been disposed of shall become the liabilities of the \r\nGovernment. \r\n (7) The Administrator shall be deemed to have always had the powers to \r\nmake such provision as may appear to him to be necessary an d expedient for such \r\nother matte rs, including the withhold ing of the payment of Authority’ s c ontribution \r\ntowards the Provident Fund of a subscri ber or the retrenchment, transfer, absorption \r\nor reinstatement of the servants of the Authority as may be incide ntal to or \r\nconsequential upon the dissolution of the Authority.] \r\n1\r\n[82. Cessation of certain p rovisions of the Ordinance .– Clause (i) of \r\nsubsection (1) of section 21, sub section (2) of section 21, section 35 and section 36 \r\nshall cease to operate after twelv e months from th e date of commen cement of the \r\nThal Development Act (Amendment) Ordinance, 1955\r\n2\r\n: \r\n Provided that the cessation of the provisions hereinbefore mentioned shall \r\nnot– \r\n(a) affect any right, privilege, obligation or liability acquired, accrued o r \r\nincurred; or \r\n(b) affect any penalty, forfeiture or punishment in respect of anything done \r\nor suffered thereunder before the said provisions ceased to operate.] \r\n3\r\n[Delegation of powers , duties and functions by the Provincial \r\nGovernment \r\n83. Delegation of p owers, duties and functions by th e Provincial \r\nGovernment.– The Provincial Government may, by notification, delegate any of its \r\npowers, duties and functions under this Act to any authority subordinate to it.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Added by the Thal Development (Amendment) Act, 1955 (XX of 1955), published in the Punjab Gazette (Extraordinary), dated \r\nApril 25, 1955, pp. 301-311, s. 28. \r\n2XX of 1955. \r\n3Added by the Thal Develop ment (West Pakistan Second Amendment) Ordi nance, 1959 (XLIV of 1959), published in the \r\nGazette of West Pakistan (Extraordinary), dated August 1, 1959, pp. 721-722, s. 2. \r\nSCHEDULE \r\n(Referred to in section 35) \r\nFurther modifications in the Land Acquisition Act, 1894 (hereinafter called “the said \r\nAct”) \r\n1. Amendment of section 3 .– After clause (g) in section 3 o f the said Act, the \r\nfollowing shall be deemed to be added:– \r\n(h) “Authority” shall mean the Thal Development Authority appointed under \r\nthe Thal Development Act, 1949. \r\n1\r\n[(i) “Net income” from land shall mean the n et assets or the landlord’ s \r\nshare, as assumed by the Settlement Officer for the same class of land \r\nin the same Assessment Circle, during the last Settlement subjec t to a \r\ndeduction of 25 per cent on account of land revenue, cesses, collection \r\ncharges and other dues: \r\nProvided that in the case of such land as has not borne at least four \r\nharvests during the four years immediately preceding the date of the \r\npublication of the first notice under section 22 of the Thal Development \r\nAct, 1949, or the date of notific ation under section 36 of that Act, \r\nwhichever is earlier, the “net income” shall mean one -third of the net \r\nassets or the landlord’ s share as assumed at the last Se ttlement for \r\nbarani land in the same Assessment Circle during the last Settlement , \r\nsubject to a deduction of 25 per cent on account of lan d revenue, \r\ncesses, collection charges and other dues.] \r\n(j) “rates and cesses” have the same meaning as given in sectio n 3(9) of \r\nthe Land Revenue Act, 1887\r\n2\r\n. \r\n2. Notification under section 4 and declaration under section 6 to be \r\nreplaced by notification unde r sections 22 and 26 of this Act .– (1) The first \r\npublication of a notice of a development scheme under section 22 of t he Thal \r\nDevelopment Act, 1949, s hall be substituted for and have the same effect as \r\npublication in the Gazette and in the locality, of a n otification under subsection (1) of \r\nsection 4 of the said Act, except where a notification under section 4 or a declar ation \r\nunder section 6 of the said Act has previously been made and is still in force. \r\n (2) Proceedings under section 23 and subsection (1) of section 24 of the \r\nThal Development Act shall be substituted for and have the same effect as \r\nproceedings under section 5A of the said Act. \r\n (3) Subject to the provisions of paragraphs 10 and 11 of this Schedule, the \r\npublication of a notification under s ection 26 of the Thal Development Act shall be \r\nsubstituted for and have the same effect as a declaration by the Provin cial \r\nGovernment under section 6 o f the said Act, unless a declaration under the last \r\nmentioned section has previously been made and is still in force. \r\n \r\n1Substituted by the Thal Development (Amendment), Act, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), \r\ndated January 25, 1951, pp. 19-21, s. 3. \r\n2Pb. Act XVII of 1887 which repealed by the Punjab Land Revenue Act, 1967 (XVII of 1967). \r\n1\r\n[2-A. Amendment of section 9 .– In subsection (2) of section 9 of the said Act, \r\nafter the first sentence ending with the word and figure “ section 8”, the following \r\nsentence shall be deemed to have been inserted:– \r\n “The notice shall furthermor e contain a direction to the effect that any person \r\ninterested may, if he so chooses, while preferring his claim to co mpensation \r\nfor his interest in the land, intimate to the Collector in writing his option that \r\ncompensation be paid to him– \r\n(a) on the bas is of the average price derived from the sale transactions in \r\nrespect of which mutations have been attested during the five years \r\nimmediately preceding the 30th June, 1939, and which relate to the \r\nsame class of la nd in the same revenue estate in which the land to be \r\nacquired is situated; or \r\n(b) if no mutations of sale transactions of land in that revenue estate were \r\nattested during the five years precedi ng the 30th June, 1939, then on \r\nthe basis of the average pric e derived from the sale transactions \r\nrelating to the same class of land about which mutations have been \r\nattested during the said period in all the contiguous rev enue estates in \r\nthe same assessment circle.”] \r\n3. Amendment of section 11.– The full stop at the end of section 11 of the said \r\nAct shall be deemed to be changed to a semi -colon, and the following shall be \r\ndeemed to be added, namely:– \r\n “and (iv) the costs wh ich, in his opinion, should be all owed to any person who \r\nis found to be entitled to compensatio n, as having been actually and \r\nreasonably i ncurred by such person in preparing his claim and putting his \r\ncase before the Collector. \r\n The Collector may disallow, wholly or in part, costs incurred by any person, if \r\nhe considers that the claim made by such pe rson for compensation is \r\nextravagant.” \r\n4. Amendment of section 15 .– In section 15 of the said Act, for the word and \r\nfigures “and 24” the figures, word, and lette r “24” and “24-A”, preceded by a comma, \r\nshall be deemed to be substituted. \r\n5. Amendment of section 17.– For section 17 of the said Act the following shall \r\nbe deemed to be substituted:– \r\n “17.(1) In cases where the Authority considers it expedient to take po ssession \r\nof the land at any time be fore an award under section 11 of the Land \r\nAcquisition Act has been made it shall notify this fact in writing to the Collector \r\nintimating in addition the date by which the land is required by it. The Collector \r\nshall after causing a notice to this effect to be served on the person interested \r\ntake possession of the la nd and transfer it to the Authority in who m it shall \r\nvest absolutely free from all encumbrances subject to its liability to pay any \r\namount which may be incurred on account of acquisition. \r\n \r\n1Substituted by the Thal Development (Amendment), Act, 1951 (V of 1951), published in the Punjab Gazette (Extraordinary), \r\ndated January 25, 1951, pp. 19-21, s. 4. \r\n (2) The Collector shall at the time of taking possession of land off er \r\nto the persons interested compensation for the standing crops and trees (if \r\nany) on such land and for any other damage sustained by them on account of \r\ndispossession and not excepted in section 24 or 24-A; and, in case such offer \r\nis not accepted, the val ue of such crop or trees and the amount o f such other \r\ndamage shall be allowed for in awarding compensation for the land under the \r\nprovisions herein contained”. \r\n6. Insertion of section 17-A.– After section 17 of the said Act the following shall \r\nbe deemed to be inserted, namely:– \r\n “17-A. Transfer of land to Authority.– In every case referred to in section 16 \r\nthe Collector shall, upon payment or \r\n1\r\n[tender of Compensation] for \r\nacquisition, make over c harge of the land to the Authority and the land shall \r\nthereupon vest in the Authority, subject to the liability of the Authority to pay \r\nany further compensation or costs which may be incurred on account of its \r\nacquisition.” \r\n2\r\n[6-A. Insertion of section 17 -B.– After section 17-A of the said Act as inserted by \r\nparagraph 6 of this Schedule, the following secti on shall be deemed to have been \r\ninserted, namely:– \r\n “17-B. Notwithstanding anything to the contrary contained in this Act, if the \r\nAuthority has given an u ndertaking as contemplated by subsection (4) of \r\nsection 36 o f the Thal Development Act, 1949, in resp ect of any land, the \r\ncompensation payable in respect of such land shall be equivalent to the “Net \r\nincome” from the land for the period that the land remains in the possession of \r\nthe Authority.”] \r\n7. Amendment of sect ion 18 .– (1) The words “or the Authority” shall be \r\ndeemed to be added between words “aw ard” and “may” under section 18 (1) of the \r\nsaid Act. \r\n (2) The full stop at the end of subsection (1) of secti on 18 of the said Act \r\nshall be deemed to be changed to a comma and the words “or the amount of costs \r\nallowed” shall be deemed to be added. \r\n8. Amendment of section 19 .– After the words “amount of compensation”, in \r\nclause (c) of section 19 of the said Act, t he words “and of costs (if any)” shall be \r\ndeemed to be inserted. \r\n9. Amendment of section 20 .– (1) Afte r the words “amount of the \r\ncompensation” in clause (c) of section 20 of the said Act, the words “or costs” shall \r\nbe deemed to be inserted. \r\n (2) Between the words “Collector” and the full-stop at the end of section 20 \r\nof the said Act, the words “and the Authority” shall be deemed to be added. \r\n \r\n1Substituted for the words “t ender compensation” by the Pun jab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of \r\n1955), published in the Punjab Gazette (Extraordinary), pp. 87-108, s. 2 read with First Schedule. \r\n2Substituted by the Thal Development (Amendment), Act, 1951 (V of 1 951), published in the Punjab Gazette (Extraordinary), \r\ndated January 25, 1951, pp. 19-21, s. 5. \r\n (3) The following shall be deemed to be added as clause (2) and (3) to \r\nsection 20 of the said Act:– \r\n“(2) The Authority or any person to whom a notice is issued under clause \r\n(b) or (c) of this section may support the aw ard and may also take any \r\ncross objections which could have been taken by making an \r\napplication for reference, provide d such objection is filed within one \r\nmonth from the date of service of the notice under this sect ion or within \r\nsuch further time as the Tribunal may see fit to allow. \r\n(3) The provisions of the Code of Civil Procedure, 1908, relating to cross \r\nobjections fil ed under that code shall, so far as may be, apply to the \r\ncross objections filed under this Act.” \r\n10. Amendment of section 23 .– (1) In clau se first and clause sixthly of \r\nsubsection (1) of section 23 of the said Act, for the words “at the date of publication \r\nof the notification under section 4 , subsection (1)” and the words “the time of the \r\npublication of the declaration under section 6” shal l be deemed to be substituted the \r\nwords “on 16th June 1949”. \r\n (2) The following shall be deemed to have been added unde r subsection \r\n(1) of section 23 of the said Act:– \r\n “Seventhly, any payment made under the Punjab Thal (Increase in Value) Act, \r\n1940, as ame nded by West Punjab Thal (Increase in Value) (Amendment) \r\nAct, 1949”. \r\n \r\n1\r\n[(3) For subsection (2) of section 23 of the sa id Act the following shall be \r\ndeemed to have been substituted, namely:– \r\n “(2) For the p urpose of c lause “first” of sub section (1), the ma rket \r\nvalue of the land shall be deemed to be 20 times the annual net income from \r\nsuch land subject to the following provisos:– \r\nProviso 1– If any person int erested exercises the option to claim \r\ncompensation as provide d in sub section (2) of section 9 of thi s Act as \r\namended by the Thal Development Act, 1949, the market value so far as his \r\ninterest in the land is concerned, shall be assessed accordingly. \r\nProviso 2– In respect of the land which is situated within the limit s of a \r\nMunicipal Committee, Small Town Committee, Notified Area Committee, or \r\nrecorded village abadi of a revenue estate, or which is attached to a house, \r\nmanufactory or other building and is rea sonably required for the enjoyment \r\nand use of such house, manufactory or building, the market value shall be the \r\nmarket value according to the use to which the land was put at the time of the \r\npublication of the first n otice under section 22 of the Thal Dev elopment Act, \r\n1949, or the issue of the notification under se ction 36 of that Act, whichever is \r\nearlier.”] \r\n11. Amendment of section 24 .– For clause Seventhly of section 24 of the said \r\nAct, the following shall be deemed to be substituted, namely– \r\n \r\n1Substituted by the Thal Development (Amendment), Act, 19 51 (V of 1951), published in the Punjab Ga zette (Extraordinary), \r\ndated January 25, 1951, pp. 19-21, s. 6. \r\n “Seventhly, any outlay on additions or improvements to land acquired, which \r\nwas incurred after the date with reference to which the market value is to be \r\ndetermined, unless it is proved that these were necessary to keep the lan d in \r\na fit state to command the profit s accruing on the said date and were made in \r\ngood faith and n ot in contemplation of proceedings for compulsory \r\nacquisition”. \r\n12. New section 24 -A.– After section 24 of the said Act the following shall be \r\ndeemed to be inserted, namely– \r\n “24A. Further provisi on for determining compensation .– In determining \r\nthe amount o f compensation to be awarded for any l and acquired for the \r\nAuthority under the Thal Development Act, 1949, the Court shall also have \r\nregard to the following provisions, namely– \r\n(1) when any inter est in any land acquired under this Act has been \r\nacquired after the date with reference to which th e market value is to \r\nbe determined, no separate estimate of the value of such interest shall \r\nbe made so as to increase the amount of compensation to be paid for \r\nsuch land; \r\n(2) if, in the opinion of the Court, any building is in a defective state, from a \r\nsanitary point of view, or is not in a reasonably good state of repair, the \r\namount of compensation for such building sha ll not exceed the sum \r\nwhich the Court considers the building would be worth if it were put into \r\na sa nitary condition or into a reasonable good state of repair, as the \r\ncase may be, less the estimated cost of putting it into such condition or \r\nstate; \r\n(3) if, in the opinion of the Court any buildin g which is used or is intended \r\nor is likely to be used for hu man habitation, is not reasonably capa ble \r\nof being made fit for human habitation, the amount of compensation for \r\nsuch building shall not exceed the value of the materials of the building, \r\nless the cost of demolishing the building.” \r\n13. Amendment of section 25.– (1) In subsection (1) of section 25 the words “or \r\nbe less than the amount awarded by the Collector under section 11” shall be \r\ndeemed to be deleted. \r\n (2) The following may be added as subsection (4) of section 25. \r\n “(4) The Court shall be competent to award an amount less than that \r\nawarded by the Collector, if, after consideration of any reference or cross \r\nobjection, it is of the opinion that the amount awarded by the Collector is \r\nexcessive.” \r\n14. Amendment of section 31 .– (1) After the words “compensati on” in \r\nsubsection (1) of section 31 o f the said Act, and after the words “the amount of \r\ncompensation” in subsection (2) of that section the words “and costs (if any)” shall be \r\ndeemed to be inserted. \r\n15. New section 48 -A.– After section 48 of the said Act t he following shall be \r\ndeemed to be inserted, namely– \r\n “48-A. Compensation to be awarded when \r\n1\r\n[award not made] within three \r\nyears.– (1) If within a period of three years from the date of the publ ication of \r\nthe notification under section 26 of the Thal Deve lopment Act, 1949, in \r\nrespect of any land, the Collector has not made an award under section 11 \r\nwith respect to such land, the owner of the land shall, unl ess he has been to a \r\nmaterial extent responsible for the delay, be entitled to receive compensation \r\nfor the damage suffered by him in consequence of the delay. \r\n (2) The provisi ons of Part III of the said Act shall apply, so far as \r\nmay be, to the determination of the compensation payable under this section.” \r\n16. Amendment of section 49.– After subsection (1 ) of section 49 of the said \r\nAct, the following shall be deemed to be inserted, namely:– \r\n “(1a) For the purpose of subsection (1), land which is held with and \r\nattached to house and is reasonably re quired for the enjoyment and use of \r\nhouse shall be deemed to be part of the house”. \r\n17. Amendment of section 50 .– In subsection (2), of section 50 of the said Act, \r\nthe words “or the Thal Development Authority”, sha ll be deemed to be added \r\nbetween the words “concerned” and “may” and the proviso to this subsection sha ll \r\nbe deemed to be deleted. \r\n18. Deletion of section 54 .– Section 54 of the said Act shall be deemed to be \r\ndeleted. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Substituted for the words “land not acquired” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), \r\n(w.e.f. 21.01.1955), published in the Punjab Gazette (Extraordinary) , dated January 21, 1955, pp. 87 -108, s. 2 read with First \r\nSchedule.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-82c08a8ab5a33cfd:sha256:fe2f5dda230b26370abdafc3c4229a358764071cf0c5d62a8071a8e79970fb20:chars-0-1779:73ec3bbc68746a382d70d7c3c460e4cf624e917cbd4ab752bc9b1c70055b8c39", "character_start": 0, "character_end": 1779, "utf8_byte_start": 0, "utf8_byte_end": 1781, "passage_sha256": "73ec3bbc68746a382d70d7c3c460e4cf624e917cbd4ab752bc9b1c70055b8c39", "reader_fragment": "p-0-1779-73ec3bbc68746a38" }, { "passage_id": 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