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  "title": "PUNJAB LAND RECORDS AUTHORITY ACT 2017",
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  "text": "THE PUNJAB LAND RECORDS AUTHORITY ACT 2017 \r\n(VI of 2017) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nPUNJAB LAND RECORDS AUTHORITY \r\n3. The Authority \r\n4. Principal Office \r\n5. Functions of the Authority \r\nCHAPTER III \r\nADMINISTRATION OF AUTHORITY \r\n6. The Board \r\n7. Meetings of the Board \r\n8. Removal of members \r\n9. Director General \r\n10. Appointment of officers and staff \r\n11. Appointment by transfer \r\n12. Delegation \r\n13. Assignment of functions \r\nCHAPTER IV \r\nLAND RECORDS AND ARAZI RECORD CENTRES \r\n14. Preparation of land record \r\n15. Documents included in land records \r\n16. Presumption in favour of land records \r\n17. Arazi Record Centres \r\n18. Mutation Fee and Charges \r\nCHAPTER V \r\nAPPEAL, REVIEW AND REVISION \r\n19. Appeal, Review and Revision \r\n20. Correction and Updation of the Land Records \r\nCHAPTER VI \r\nFINANCIAL PROVISIONS \r\n21. Fund \r\n22. Budget \r\n23. Accounts and Audit \r\n24. Bank Accounts \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n25. Public servants \r\n26. Indemnity \r\n27. Directions by the Government \r\n28. Act to override other laws \r\n29. Rules \r\n30. Regulations \r\n31. Succession \r\n32. Removal of difficulties \r\n33. Repeal \r\nTEXT \r\n1\r\nTHE PUNJAB LAND RECORDS AUTHORITY ACT 2017 \r\n(VI of 2017) \r\n[13th February, 2017] \r\nAn \r\nAct \r\nto provide for the establishment of the Punjab Land Records Authority for reform and \r\nmodernization of the system of land records. \r\nIt is necessary to establish the Punjab Land Records Authority to reform and \r\nmodernize the system of land records, to improve the land records service delivery ; \r\nto contribute to long lasting tenure security; and, to deal with ancillary matters. \r\nBe it enacted by the Provincial Assembly of the Punjab as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Land Records Authority Act 2017. \r\n (2) It extends to whole of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– (1) In this Act: \r\n(a) “Arazi Record Centre” means a n office, service centr e or facility  \r\nestablished or notified in terms of section 17 of the Act;  \r\n(b) “Assistant Commissioner” means an officer of the Government \r\nappointed as Assistant Commissioner under section 10 of the Punjab \r\nLand Revenue Act, 1967 (XVII of 1967); \r\n(c) “Assistant Director Land Records” means an employee of the Authority \r\ndesignated as such at an Arazi Record Centre and includes such other \r\nemployee as the Director General may designate to act as Assistant \r\nDirector Land Records; \r\n(d) “Authority” means the Punjab Land Records Authority established \r\nunder section 3 of the Act; \r\n(e) “Board” means the Board constituted under section 6 of the Act; \r\n(f) “Board of  Revenue” means Punjab Board of Revenue established \r\nunder the Punjab Board of Revenue Act, 1957 (XI of 1957);  \r\n(g) “Chairperson” means the Chairperson of the Board; \r\n(h) “Commissioner” means an officer of the Government appointed as \r\n                                                           \r\n1This Act was passed by the Provincial Assembly of the Punjab on 8 February 2017; assented to by the Governor of the Punjab \r\non 11 February 2017; and, was published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4527-4533. \r\nCommissioner under section 8 of the Punjab Land Revenue Act , 1967 \r\n(XVII of 1967); \r\n(i) “Director General” means a person appointed as Director General \r\nunder section 9 of the Act; \r\n(j) “District Collector” means an officer of the Government appointed as \r\nthe Collector of the District  under section 8 of the Punjab Land \r\nRevenue Act, 1967 (XVII of 1967); \r\n(k) “employee” means any person in the employment and service of the \r\nAuthority; \r\n(l) “Fund” means the Punjab Land Records Authority Fund established \r\nunder section 21 of the Act; \r\n(m) “Government” means Government of the Punjab; \r\n(n) “Land records” includes any information in electronic, digital or \r\ncomputerized form in relation to land or buildings; \r\n(o) “Land Record Officer” means an employee of the Authority designated \r\nas such for an Arazi Record Centre and includes such other employee \r\nas the Director General may designate to act as Land Record Officer; \r\n(p) “member” means a member of the Board; \r\n(q) “PMU” means the Project Management Unit, Land Records \r\nManagement and Information Systems, Board of Revenue, Punjab;  \r\n(r) “prescribed” means prescribed by the rules or regulations; \r\n(s) “regulations” mean the regulations framed under the Act; and  \r\n(t) “rules” mean the rules made under the Act. \r\n(2) A word or expression used in the Act but not defined s hall have the \r\nsame meaning as assigned to it under the Punjab Land Revenue Act, 1967 (XVII of \r\n1967) or the rules made under that Act. \r\nCHAPTER II \r\nPUNJAB LAND RECORDS AUTHORITY \r\n3. The Authority.– (1) The Government shall, by notification, establish an \r\nAuthority to be called the Punjab Land Records Authority for carrying out purposes of \r\nthe Act. \r\n (2) The Authority shall be a body corporate, having perpetual succession \r\nand a common seal, with power to enter into agreements, acquire and hold property, \r\nboth movable and immovable, and may, by the said name, sue and be sued.  \r\n4. Principal Office.– The principal office of the Authority shall be at Lahore, and \r\nit may establish regional offices at such other place or places in the Punjab as it \r\ndeems appropriate.  \r\n5. Functions of the Authority.– The Authority shall: \r\n(a) frame policies for implementing this Act; \r\n(b) manage, update and maintain land records;  \r\n(c) formulate strategies, policies and plans for the management of land \r\nrecords; \r\n(d) provide efficient and prompt services to the public; \r\n(e) develop a human resource management system for effective discharge \r\nof the functions under the Act; \r\n(f) advise the Government on matters relating to improvement and \r\nmodernization of land records management; \r\n(g) manage technical cooperation and coordination with other Government \r\ndepartments, including foreign organizations and international inter -\r\ngovernmental organizations, on its own or on behalf of the \r\nGovernment; \r\n(h) lay down the administrative, financial, legal and technical fra mework \r\nincluding the information technology based land records management \r\nand related services; \r\n(i) recommend to the Government draft policies and procedures for \r\ncoordination with all other Government departments, including the \r\nBoard of Revenue, for smooth operation of the activities under the Act; \r\n(j) explore new revenue models and sources of revenue for provision of \r\nservices under the Act; \r\n(k) provide for the computerization of the record -of-rights or part thereof or \r\nany other land related document, prepa ration of the computerized land \r\nrecord and its maintenance, in respect of each estate, in collaboration \r\nwith the Board of Revenue; \r\n(l) establish Arazi Record Centres, maintain and operate such Centres \r\nand provide for monitoring the performance of Arazi Record Centres; \r\n(m) co-ordinate with the Board of Revenue for preparation of computerized \r\nland record of any area in respect of which no record -of-rights exists or \r\nthe existing records-of-rights requires special revision; \r\n(n) prescribe, receive, deposit, utilize and refund fees and charges; \r\n(o) execute, administer and monitor contracts of any nature; \r\n(p) pass its annual budget containing the estimated receipts and \r\nexpenditures;  \r\n(q) appoint independent auditors to undertake the audit of accounts of the \r\nAuthority; \r\n(r) enter into public private partnership arrangements for purposes of \r\ncarrying out any of its functions and activities; \r\n(s) designate any place or facility for provision of land records or part \r\nthereof; and \r\n(t) perform such other functions as are incidental or consequential to  any \r\nof the aforesaid functions.  \r\n \r\nCHAPTER III \r\nADMINISTRATION OF AUTHORITY \r\n6. The Board.– (1) The management and administration of the Au thority shall \r\nvest in the Board  and the Board may perform functions of the Authority by itsel f or \r\nthrough the employees of the Authority as may be prescribed. \r\n(2) The Board shall consist of the Chairperson who shall be appointed by \r\nthe Chief Minister and the following members: \r\n(a) Senior Member, Board of Revenue; Member \r\n(b) Member (Taxes), Board of Revenue; Member \r\n(c) all Commissioners; Members \r\n(d) Director General; and Member \r\n(e) five members to be nominated by  Members \r\n the Chief Minister;  \r\n (3) The Director General shall act as Secretary of the Board. \r\n (4) The tenure of members , other than ex officio members, shall be three \r\nyears, unless sooner terminated under section 8 of the Act. \r\n (5) No act or proceeding of the Board shall be invalid by reason only of the \r\nexistence of a vacancy or defect in the constitution of the Board.  \r\n (6)  The Chief Minister may alter or modify the composition of the Board.  \r\n7. Meetings of the Board .– (1) The meetings of the Board shall be presided \r\nover by the Chair person or in his absence by a member nominated by the \r\nChairperson, or  if no such nomination is made, by a m ember elected for that \r\nmeeting by the members present. \r\n (2) Seven members of the Board shall constitute the quorum for a meeting \r\nof the Board. \r\n (3) Subject to subsection (4), t he meetings of the Board shall be held at \r\nsuch time and place as the Chairperson may determine.  \r\n (4) The Director General shall call a  meeting of the Board as and when \r\ndirected by the  Chairperson or on a request in writing by at least  one third of the \r\nmembers of the Board or on receipt of any reference from the Government for \r\nplacing the matter before the Board. \r\n (5) The Board shall take  decision by majority of its members present and \r\nvoting and, in case of a tie, the person presiding the meeting shall have a casting \r\nvote. \r\n (6) The Director General shall maintain a record of the minutes of all the \r\nmeetings highlighting the proceedings and the decisions taken by the Board. \r\n(7) The Director General shall submit the minutes of a meeting to the \r\nperson who presided that meeting for approval. \r\n8. Removal of members.– (1) The Chief Minister may remove a member, other \r\nthan ex officio member, if he: \r\n(a) is declared by the court as an insane person; or \r\n(b) is found guilty of misconduct or found acting against the interest of the \r\nAuthority; or \r\n(c) is convicted by a court on charge s of corrupt pract ice, moral turpitude \r\nor misuse of power or authority under any law; or \r\n(d) is absent from three consecutive meetings of the Board and is unable \r\nto justify his absence; or \r\n(e) is recommended to be removed by at least three fourth of the total \r\nmembers of the Board. \r\n (2) A member may resign by tendering resignation in writing to the Board. \r\n9. Director General.– (1) There shall be a Director General of the Authority who \r\nshall be appointed by the Chief Minister.  \r\n (2) The Director General shall, unless sooner removed or repatriated in the \r\nprescribed manner, hold office for three  years or for such further period as the Chief \r\nMinister may, on the recommendations of the Board, determine. \r\n (3) The Director General shall be paid such remuneration and allowances \r\nand shall be entitled to such privileges and facilities as the Board  may determine but \r\nwhich shall not be less favourable than his emoluments in the basic pay scale prior \r\nto his appointment, and the same shall not be varied to his disadvantage during his \r\nterm of office.  \r\n (4) The Director General shall be the Chief Executive Officer of the \r\nAuthority and shall be responsible for the day to day administration of the affairs of \r\nthe Authority and shall exercise such powers and functions as may be prescribed or \r\nassigned to him by the Authority. \r\n10. Appointment of officers and staff .– (1) The Authority may appoint such  \r\nemployees as it considers necessary for the performance of its functions on such \r\nterms and conditions as may be prescribed. \r\n (2) Subject to the terms and  conditions of appointment, the Authority may, \r\nat any time, terminate the services of an employee by serving thirty days’ prior notice \r\nor on payment of thirty days salary in lieu of the notice. \r\n11. Appointment by transfer .– (1) The Government may, on the r equest of the \r\nAuthority, transfer the services of an employee to the Authority on the terms and \r\nconditions which shall not be less favourable than those admissible to him \r\nimmediately before his transfer to the Authority. \r\n (2) An employee transferred under subsection (1) shall continue to be the \r\nemployee of the Government, liable to be transferred back to the Government \r\nunless, with the consent of the employee and approval of the Government, he is \r\nabsorbed in the service of the Authority in such manner and o n such terms and \r\nconditions as may be prescribed. \r\n12. Delegation.– The Board may, on such conditions and limitations as it may \r\ndeem fit to impose, delegate any of the functions or powers of the Authority to a \r\nmember, the Director General, or any of the employees of the Authority except the \r\npower to: \r\n(a) approve audited accounts of the Authority; \r\n(b) frame, amend or repeal Regulations; \r\n(c) recommend the proposed rules;  \r\n(d) approve the annual budget; \r\n(e) determine the terms and conditions of service of the D irector General \r\nand other employees of the Authority; and \r\n(f) appoint Directors and Additional Directors. \r\n13. Assignment of functions .– The Authority may assign  such functions and \r\nresponsibilities to the Commissioners, District Collectors and Assistant \r\nCommissioners as it may deem necessary to fulfill the purposes of this Act.  \r\nCHAPTER IV \r\nLAND RECORDS AND ARAZI RECORD CENTRES \r\n14. Preparation of land record .– The Authority shall , in the prescribed manner,  \r\nprepare, amend and keep the land record.  \r\n15. Documents included in  land record s.– The Authority shall specify the \r\ndocuments forming part of record -of-rights which are to be computerized, and such \r\ncomputerization shall be done in such form and manner as may be prescribed. \r\n16. Presumption in favour of land re cords.– The land record s including the \r\ncomputerized land records manage d and maintained  by the Authority  shall be \r\npresumed to be true until the contrary is proved or a new entry is lawfully substituted \r\ntherefor.  \r\n17. Arazi Record Centres.– (1) The Authorit y shall establish one or more Arazi \r\nRecord Centres in each tehsil and may also designate any place or facility notified as \r\nsuch to provide such services as may be prescribed.  \r\n (2) The Authority may establish offices or deploy human resource for the \r\ntransmission of land records maintained by any other body established under law. \r\n18. Mutation Fee and Charges.– (1) The Authority may levy such fee or charges \r\nfor provision of services as may be prescribed. \r\n (2) The Authority may collect on behalf of the Governm ent, authorities or \r\nother entities, such fee and charges as may be pre scribed and  shall transfer the \r\namount so recovered to the Government or, as the case may be, to the authorities or \r\nother entities.  \r\nCHAPTER V \r\nAPPEAL, REVIEW AND REVISION \r\n19. Appeal, Review and Revision.– The provisions of Chapter XIII of the Punjab \r\nLand Revenue Act , 1967 (XVII of 1967) shall mutatis mutandis apply to an a ppeal, \r\nreview or revision filed in respect of the Land Records prepared under this Act.  \r\n20. Correction and Updation of the Land Records.– Any correction or updation \r\nrequired to be incorporated  in the  Land Records shall be made and incorporated  \r\nunder the orders of relevant authorities  and in the manner  provided under different \r\nenactments, rules and regulations relating to the correction and updation of the land \r\nrecords, promulgated, approved and issued by the Competent Authorities  as \r\nenvisaged under the relevant provisions of the law, rules and regulations related to \r\nLand Records. \r\nCHAPTER VI \r\nFINANCIAL PROVISIONS \r\n21. Fund.– (1) The Authority shall establish a F und to be known as the Punjab \r\nLand Records Authority Fund which shall vest in the Authority.  \r\n(2) The Fund shall consist of: \r\n(a) budgetary releases from the Government;  \r\n(b) grants made by the Government; \r\n(c) moneys received from the Federal Government or any other agency by \r\nway of grants; \r\n(d) donations by persons or association of persons;  \r\n(e) fees or charges collected and profits earned by the Authority;  \r\n(f) all other sums which may in any manner become payable to or  vested \r\nin the Authority; and \r\n(g) revenue from any other source.  \r\n (3) The Authority shall keep, maintain and spend the Fund in the \r\nprescribed manner. \r\n (4) In case of any surplus amount in the Fund, the Board may invest any \r\namount in such manner as may be prescribed. \r\n22. Budget.– The Director General shall prepare  or cause to be prepared  the \r\nannual budget co nsisting of the expected income and expense for the ensuing \r\nfinancial year and submit it to the Board, in such form and manner as may be \r\nprescribed, for approval.  \r\n23. Accounts and A udit.– (1) The Authority shall maintain proper accounts and \r\nother records relating to its financial affairs including, its income and expenditure and \r\nits assets and liabilities in such form and manner as may be prescribed. \r\n (2) After the end of a financial year, the Authority shall prepare the \r\nstatements of account which shall include a balance-sheet and an account of income \r\nand expenditure during the last financial year.  \r\n (3) The Authority shall maintain on regular basis a li st of all its assets till \r\nthe date of closing of the financial year. \r\n (4) The Auditor General of Pakistan shall annually audit the accounts of \r\nthe Authority. \r\n (5) The Government may, in addition to the audit under subsection (4), \r\ncause the accounts of the Authority to be annually audited by a Chartered \r\nAccountant or a firm of Chartered Accountants and , at any time, appoint a Chartered \r\nAccountant or a firm of Chartered Accountants, to conduct an additional external \r\naudit of the accounts of the Authority and submit its report to the Government. \r\n (6) The Authority shall produce all books of accounts and documents and \r\nfurnish such explanation and information as an auditor may require for purposes of \r\naudit. \r\n24. Bank Accounts .– The Authority may open and maintain its accounts in a \r\nscheduled bank as may be prescribed, and until so prescribed, as the Authority may \r\ndetermine. \r\nCHAPTER VII \r\nMISCELLANEOUS \r\n25. Public servants .– The Chairperson, members, Director General, Additional \r\nDirectors General, employees and other pe rsons authorized to perform any function \r\nunder this Act or render services to the Authority as agents, advisors or consultants \r\nshall be deemed to be public servants within the meaning s of section 21 of the \r\nPakistan Penal Code, 1860 (XLV of 1860). \r\n26. Indemnity.– No prosecution, suit or other legal proceeding shall lie against \r\nthe Authority, Chair person, members, Director General, employees and other \r\npersons authorized to perform any function under th is Act or render services to the \r\nAuthority as agents, advi sors or consultants for anything done in good faith for \r\ncarrying out the purposes of the Act, rules or regulations.  \r\n27. Directions by the Government .– The Government may , from time to time,  \r\ngive such directions relating to policy matters to the Authority and the Authority shall \r\nimplement the directions. \r\n28. Act to override other laws .– The provisions of th is Act shall have effect \r\nnotwithstanding anything to the contrary contained in any other law.  \r\n29. Rules.– The Government may, by notification in the off icial Gazette, make \r\nrules for carrying out the purposes of this Act. \r\n30. Regulations.– Subject to th is Act and the rules, t he Authority may frame \r\nregulations to give effect to the provisions of the Act.  \r\n31. Succession.– (1) On notification of the Authority; \r\n(a) all assets and properties in possession of  the P MU shall stand \r\ntransferred to the Authority; \r\n(b) all the Arazi Record  Centres established for the land records by the \r\nPMU shall be deemed to have been established as Arazi Record \r\nCentres under this Act; \r\n(c) the land record s prepared and maintained by the  PMU shall be \r\ndeemed to have been prepared and maintained under the Act; \r\n(d) all suits and other legal proceedings instituted by or against  the PMU \r\nbefore its dissolution shall be deemed to be suits and proceedings by \r\nor against the Authority;  \r\n(e) notwithstanding anything contained in any other law or policy for the \r\ntime being in force, all persons presently working in the PMU and at all \r\nArazi Record Centres shall be deemed to be the employees of the \r\nAuthority on the terms and conditions contained in their contracts, and \r\nshall be adjusted against positions created in the Authority, in the \r\nmanner prescribed; and \r\n(f) Assistant Director s Land Records and Land Record Officer s \r\nsanctioned in the Directorate of Land Records, Punjab shall stand \r\ntransferred to the Authority on the same terms and conditions as \r\nenvisaged in their contracts and shall be deemed to be adjusted \r\nagainst the positions created in the Authority and shall be eligible for all \r\nbenefits in A uthority available for similar or  equal posts in the manner \r\nprescribed. \r\n (2) All orders, notifications, instructions or standard operating procedures \r\nin force pertaining to or in any way concerned with or affecting the PMU immediately \r\nbefore the establishment of the Authority , shall, so far as they are not inconsistent \r\nwith any of the provisions of th is Act, continue to be in force until superseded by the \r\nrules or regulations. \r\n (3) Notwithstanding the provisions of Punjab Rented Premises Act, 2009 \r\n(VII of 2009), all the immovable properties including any site or  building obtained on \r\nrent for purposes of the PMU shall be deemed to have been obtained in the name of \r\nthe Authority, and the Authority shall be deemed to be the tenant of such premises \r\nand shall be liable to make payment of the agreed rent in terms of the relevant \r\nagreement. \r\n32. Removal of difficulties.– If any difficulty arises in giving effect to or applying \r\nthe provisions of th is Act or the rules, the Government may , within two years,  make \r\nsuch order,  not inconsistent with the Act or the rules, as may be necessary  for \r\nremoval of such difficulty. \r\n33. Repeal.– The Punjab Land Records Authority Ordinance, 2016 (XVIII of \r\n2016) is hereby repealed.",
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