PUNJAB ACQUISITION OF LAND (HOUSING) (REPEAL) ACT, 1985

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THE PUNJAB ACQUISITION OF LAND (HOUSING)
(REPEAL) ACT, 1985
(XII of 1985)
CONTENTS
1. Short title, extent and commencement
2. Repeal of Act VIII of 1973
3. Continuation of acquisition proceedings and assessment, etc. of
compensation
4. Government may drop acquisition, etc
TEXT
1
THE PUNJAB ACQUISITION OF LAND (HOUSING) (REPEAL) ACT, 1985
(XII of 1985)
[13th November, 1985]
An
Act
to repeal the Punjab Acquisition of Land (Housing) Act, 1973 (VIII of 1973).
Preamble.– Whereas it is expedient to repeal the Punjab Acquisition of Land
(Housing) Act, 1973 (VIII of 1973);
It is hereby enacted as follows:–
1. Short title, extent and commence ment.– (1) This Act may be called the
Punjab Acquisition of Land (Housing) (Repeal) Act, 1985.
(2) It shall extend to the whole of the Punjab.
(3) It shall come into force at once.
2. Repeal of Act VIII of 1973 .– The Punjab Acquisition of Land (Housing) A ct,
1973 (VIII of 1973) is hereby repealed.
3. Continuation of acquisition proceedings and assessment etc. of
compensation.– Where in a case proceedings have commenced under the Punjab
Acquisition of Land (Housing) Act 1973 or under its provisions as incor porated or
referred to in any other law, rule or instrument, for the time being in force, the same
shall continue and shall be completed under the provisions of the said Act and the
rules made thereunder:
Provided that where in a case an award has not been made under section 7
of the said Act at the time of commencement of this Act, the compensation in such a
case shall be assessed, awarded and paid under the provisions of the Land
Acquisition Act, 1894 (I of 1894):
Provided further that in a case in which an award has been made before the
commencement of this Act under the Punjab Acquisition of Land (Housing) Act, 1973
but the payment of compensation or a part thereof is to be made through bonds,
debentures or annuities, the said compensation shall become due for immediate
payment in cash on the commencement of this Act unless the owner whose land has
been acquired chooses to adjust the same towards the cost of any developed site
which may have been given to him as part of compensation
2
[:]
1This Act was passed by the Punjab Assembly on 10th November, 1985; assented to by the Governor of the Punjab on 13th
November, 1985; and, was published in the Punjab Gazette (Extraordinary), dated 13th November, 1985, Pa ges 5381-A to
5381-C.
2Substituted for the “full -stop” by the Punjab Acquisition of Land (Housing) (Repeal) (Amendment) Ordinance, 2002 (XII of
2002),w.e.f.14.8.2001,s.2;and published in the PunjabGazette (Extraordinary), dated 28.2.2002which was protected and continued in
force under the Provisional Constitutional Order, 1999 (Chief Executive’s Order No.1 of 1999) as amended by the Provisional
Constitution (Amendment) Order, 1999 (Chief Executive’s Order No. 9 of 1999) and Article 270AA of the Constituti on of the
Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010.
3
[Provided further that for the purpose of operation of this section the following
provisions of the Punjab Acquisition of Land (Housing) Act, 1973 shall be read as
mentioned hereunder:–
1. In the Preamble the words “urban and rural areas of” shall be deemed
to have been deleted.
2. In section 2, sub-section (1)–
(i) clause (a) shall be read as:–
“Collector” means Collector appointed under the Punjab Land
Revenue Act, 1967 (XVII of 1967) and includes any other officer
specially empowered by the Board of Revenue to perform the
functions of a Collector;”
4
[(ii) clause (b) shall be read as:–
“Commissioner” means a Commissioner of a Division appointed
under the Punjab Land Revenue Act, 1967 (XVII of 1967) and
includes an Additional Commissioner;
(iii) clause (c) shall be read as:–
“Collector” means the Collector of a District appointed under he
Punjab Land Revenue Act 1967 (XVII of 1967) and includes an
officer authorized by the Government to exercise the powers of
the Collector;]
(iv) sub-clause (ii) of clause (f), shall be read as:–
“Local Councils constituted under the Punjab Local Government
Ordinance, 2001;”
(v) clauses (h) and (i) shall be deemed to have been omitted.
3. In section 6, sub -section (1) the words “Government intends” shall be
read as:-
“Government or the off icial Department Agency, as the case may be,
intends”
5
[4. * * * * * * * * * * * ]
6
[5. In sections 4, 13, 17 and 19 , the words “Deputy Commissioner”,
wherever occur, shall be read as “Collector of the District”.]
3Added by the Punjab Acquisition of Land (Housing) (Repeal) (Amendment) Ordinance, 2002 (XII of 2002),w.e.f.14.8.2001,s.2;and
published in the Punjab Gazette (Extraordinary), dated 28.2.2002which was protected and continued in force under the Provisional
Constitutional Order, 1999 (Chief Executive’s Order No.1 of 1999) as amended by the Provisional Constitution (Amendment)
Order, 1999 (Chief Executive’s Order No. 9 of 1999) and Article 270AA of the Constitution of the Islamic Republic of Pakistan,
as substituted by the Constitution (Eighteenth Amendment) Act, 2010.
4Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011), w.e.f. 20.4.2011(notification published in the Punjab
Gazette (Extraordinary), dated 16.4.2011, page 4081), s.13; and published in the Punjab Gazette (Extraordinary),dated
14.4.2011,pages 4043-4047.
5Omitted by the Punjab Laws (Amendment) Act 2011 (VI of 2011), w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary), dated 16.4.2011, page 4081), s.13 ; and published in the Punjab Gazette (Extraordinary),dated
14.4.2011,pages 4043-4047.
6Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011),w. e.f. 20.4.2011(notification published in the Punjab
Gazette (Extraordinary),dated 16.4.2011, page 4081), s.13 ; and published in the Punjab Gazette (Extraordinary),dated
14.4.2011,pages 4043-4047.
4. Government may drop acquisition etc.– The Government may, at any time,
by notification, drop any scheme or land from acquisition in a case in which
acquisition proceedings have commenced under the provisions of the Punjab
Acquisition of Land (Housing) Act , 1973 or under any law wherein the p rovisions of
the said Act have been incorporated by reference.
5. All references to the Punjab Acquisition of Land (Housing) Act , 1973 in any
law, rule or any other instrument, for the time being in force, shall, mutatis mutandis,
be deemed to be references to the Land Acquisition Act, 1894.
Explanation.– “law”, in this section, includes the Punjab Housing Facilities for Non -
Proprietors in Rural Areas Act , 1975 (V of 1975), the Lahore Development Authority
Act, 1975 (XXX of 1975) and the Punjab Development of Cities Act , 1976 (XIX of
1976).