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  "title": "PUNJAB GRAVEYARDS (PRESERVATION AND MAINTENANCE) ACT, 1958",
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  "text": "THE PUNJAB GRAVEYARDS (PRESERVATION AND \r\nMAINTENANCE) ACT, 1958 \r\n(XXV of 1958) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Constitution of a Committee. \r\n4. Committee to investigate and report. \r\n5. Preliminary notification. \r\n6. Application for exclusion of land from the area of graveyard. \r\n7. Appointment of a Tribunal. \r\n8. Nature of orders on establishment of title. \r\n9. Nature of order when title not established. \r\n10. Steps taken on non-compliance of order under section 9. \r\n11. Appeal. \r\n12. Final notification of defining limits of graveyard. \r\n13. Graveyard to be a trust. \r\n14. Functions of the Committee. \r\n15. Committee to prepare scheme for graveyard. \r\n16. Committee and the Tribunal to exercise powers under the Civil \r\nProcedure Code, 1908. \r\n17. Government to provide funds for compensation. \r\n18. Contribution by local bodies. \r\n19. Rules. \r\n20. Penalties. \r\n21. Cognizance of offences under the Act. \r\n22. Dissolution of Committee. \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] GRAVEYARDS (PRESERVATION AND MAINTENANCE) \r\nACT, 1958 \r\n(XXV of 1958) \r\n[24 April 1958] \r\nAn \r\nAct \r\nto provide for the preservation and maintenance of graveyards in \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to make provision for the preservation and \r\nmaintenance of graveyards in \r\n4\r\n[the Punjab]; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\n5\r\n[Punjab] Graveyards (Preservation and Maintenance) Act, 1958. \r\n (2) It extends to the graveyard known as the Miani Sahib Grave yard, \r\nLahore, and the Government may, by notification, extend all or any of the provisions \r\nof this Act, to any other graveyard\r\n6\r\n in \r\n7\r\n[the Punjab]. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the  subject or \r\ncontext,– \r\n(1) “building” includes a building as defined in the City of Lahore \r\nCorporation Act, 1941\r\n8\r\n, and in the Punjab Municipal Act, 1911\r\n9\r\n; \r\n(2) “Committee” means a Committee constituted under section 3 of this \r\nAct; \r\n                                                           \r\n1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated January  27, 1957, p. 231. This \r\nAct was passed by the West Pakistan Assembly on April  3, 1958, assented to by the Governor of West Pakistan on April  19, \r\n1958, published in the Gazette of West Pakistan (Extraordinary), dated April 24, 1958, pp. 657-663. \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 19 74) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraor dinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with  \r\nSchedule, Part III, Serial No.10.  \r\n3Ibid.  \r\n4Ibid.  \r\n5Ibid.  \r\n6Extended vide Social Welfare and Local Government Department Notification No. W/34-3/58, dated March 25, 1959 to Ichhra, \r\nMoghalpura, Baghbanpura, Garhi Shahu and Dharampura graveyards, published in the Gazette of West Pakistan \r\n(Extraordinary), dated April 17, 1959, Part 1-A, p. 81. \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of  1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with  \r\nSchedule, Part III, Serial No.10.  \r\n8Punjab XV of 1941, repealed by the Municipal Administration Ordinance, 1960 (X of 1960), published in the Gazette of \r\nPakistan (Extraordinary), dated November 4, 1960, pp. 393-451, s. 4 read with First Schedule.  \r\n9Punjab III of 1911, repealed by the Municipal Administration Ordinance, 1960 (X of 1960), published in the Gazette of Pakistan \r\n(Extraordinary), dated November 4, 1960, pp.393-451, s.4 read with First Schedule. \r\n(3) “Government” means the \r\n1\r\n[Provincial Government of the Punjab]; \r\n(4) “graveyard” means a graveyard to which all or any of the provisions of \r\nthis Act, have been extended; \r\n(5) “High Court” means the \r\n2\r\n[High Court of the Punjab]; \r\n(6) “land” includes land defined in the Land Acquisition Act, 1894\r\n3\r\n; \r\n(7) “prescribed” means prescribed by rules made by the Government \r\nunder this Act; and \r\n(8) “Tribunal” means a Tribunal constituted under section 7 of this Act. \r\n3. Constitution of a Committee.– (1) As soon as may be, after the enforcement \r\nof th is Act, or the extension of all or any of the provisions of this Act, to any \r\ngraveyard, the Government shall appoint for one or more of such graveyards a \r\nCommittee\r\n4\r\n which shall consist of a Chairman, and such number of other official and \r\nnon-official members as may from time to time be specified by the Government. \r\n (2) Each such Committee shall be a body corporate, and shall have \r\nperpetual succession and a common seal, with power to acquire and hold property, \r\nand to contract and do all things necessary for carrying out the purposes of this Act, \r\nand may sue and be sued in its corporate name. \r\n4. Committee to investigate and report .– Within such period as may be fixed\r\n5\r\n \r\nby the Government in this behalf, the Committee shall investigate and report \r\nregarding– \r\n(1) the area of the graveyard according to the various settlement records; \r\n(2) the area of the encroachments; \r\n(3) the nature and extent of the encroachment made by each person and \r\nthe probable time of the commencement of the encroachment; \r\n(4) the rights possess ed by the encroachers with regard to the land \r\nencroached upon by them; \r\n(5) the amount of compensation likely to be paid for the removal of the \r\nencroachments; \r\n(6) the area which shall be declared to be the area of the graveyard; and \r\n(7) any other matter which the Government may specify. \r\n5. Preliminary notification.– When a report under section 4 has been received \r\nthe Government shall issue a preliminary notification defining the limits of the area \r\n                                                           \r\n1Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 19 74) (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read \r\nwith Schedule, Part III, Serial No.10.  \r\n2Substituted for the words “High Court of West Pakistan” by the Order ibid.  \r\n3I of 1894.  \r\n4Committee was constituted vide Social Welfare  and Local Government Department Notification No. W/34 -3/58, dated March \r\n25, 1959 to Ichhra, Moghalpura, Baghbanpura, Garhi Shahu and Dharampura graveyards, published in the Gazette of West \r\nPakistan (Extraordinary), dated April 17, 1959, Part 1-A, p. 81. \r\n5Fixed ibid. \r\nproposed to be declared as the area of the graveyard specifyi ng the encroachments \r\nand requiring, within a time to be specified, the removal of all encroachments from \r\nthat area. \r\n6. Application for exclusion of land from the area of graveyard.– Any person \r\nwho claims to have acquired any title to any land or property i ncluded within the \r\nlimits defined in the notification issued under section 5, may within three months of \r\nthe date of such notification, apply to the Government for the exclusion of such land \r\nor property from the area of the graveyard. \r\n7. Appointment of a T ribunal.– The Government shall appoint a Tribunal\r\n1\r\n \r\nconsisting of a person who is, has been or is qualified to be appointed a District and \r\nSessions Judge to dispose of the applications presented under section 6 in \r\naccordance with the provisions of sections 8 and 9. \r\n8. Nature of orders on establishment of title .– (1) If the Tribunal is satisfied \r\nthat the title of any person, who has applied under section 6, to any land or property \r\nincluded within the limits defined in the notification issued under section 5, has been \r\nestablished, it shall pass an order excluding such land or property from the area of \r\nthe graveyard. \r\n (2) The Government may, within one year from the date of an order under \r\nsub-section (1), declare by notification in the Official Gazette, that the  land or \r\nproperty or any part thereof excluded from the area of the graveyard under sub -\r\nsection (1) is required for the purpose of graveyard and after making such \r\ndeclaration, acquire the land or the property, as far as may be, in accordance with \r\nthe provisions of the Land Acquisition Act, 1894\r\n2\r\n. \r\n9. Nature of order when title not established .– If the Tribunal is satisfied that \r\nthe title of any person, who has applied under section 6, to any land or property \r\nincluded in the area defined in the notification i ssued under section 5 has not been \r\nestablished, it shall pass an order rejecting the application and directing such person \r\nto hand over possession of the land or property to the Committee within such period \r\nas may be specified in the order: \r\n Provided that if the property includes a building the Tribunal shall fix a period, \r\nnot exceeding nine months within which such person shall remove the building \r\nmaterials. \r\n10. Steps taken on non -compliance of order under section 9 .– If an order \r\nmade under section 9 is no t complied with, within the period specified in the order, \r\nthe Tribunal may require the District Magistrate of the district to take such steps, \r\nincluding the forcible removal from such land or property of all the occupiers thereof, \r\nas may be necessary to p ut the Committee in possession of the land or property, \r\nand the District Magistrate shall act accordingly. Any expenses incurred on such \r\nforcible removal shall be recoverable from such occupiers as arrears of land \r\nrevenue. \r\n                                                           \r\n1Appointed the Chairman of the Tribunal constituted for the Lahore Improvement Trust as the Tribunal for the purposes of all \r\ngraveyards under the Jurisdiction of the Lahore graveyards committee vide Notification No. W/34 -3/58, dated March 25, \r\npublished in the Gazette of West Pakistan (Extraordinary), dated April 17, 1959, Part 1-A, p. 81. \r\n2I of 1894.  \r\n11. Appeal.– Any person aggrieved  by a final order passed by the Tribunal in \r\nproceedings under sub-section (1) of section 8 or section 9 or 10 may appeal to the \r\nHigh Court within one month of the date of the order and any order passed by the \r\nHigh Court in appeal shall be final. \r\n12. Final notification of defining limits of graveyard .– When all applications \r\npresented under section 6 have been disposed of by the Tribunal the Government \r\nshall issue a final notification defining the limits of the area of the graveyard. \r\n13. Graveyard to be a tru st.– The possession of the entire land and property \r\ncomprising the graveyard as defined in the notification issued under section 12 shall \r\nvest in the Committee and shall be held by it in trust for use as a graveyard and for \r\nsuch other ancillary purposes as  may, in the opinion of the Government, be \r\nnecessary for the proper maintenance of the graveyard. \r\n14. Functions of the Committee .– The Committee shall, subject to the control \r\nand superintendence of the Government– \r\n(1) protect the graveyard from encroachments; \r\n(2) maintain the graveyard in a fit and proper condition and take steps to \r\nimprove it; \r\n(3) employ and pay such staff as may be necessary; and \r\n(4) do all such acts and things as may be necessary for the preservation \r\nand proper maintenance of the graveyard. \r\n15. Committee to prepare scheme for graveyard .– (1) The Committee shall \r\ndraw up for the graveyard a scheme which may, among other things, provide for the \r\nfollowing matters, namely:– \r\n(a) the specification of areas to be used as burial grounds; \r\n(b) the l aying out of streets and open spaces and the provision of other \r\namenities; \r\n(c) the regulation of the design and structure of graves; \r\n(d) the use to which the land not immediately required for the purpose of a \r\nburial ground may be put; and \r\n(e) any other mat ter which may be necessary for the preservation and \r\nproper maintenance of the graveyard. \r\n (2) The Government may reject the scheme drawn up by the Committee, \r\nmay return it for further consideration or may sanction it with such modifications or \r\nadditions as it may think fit. \r\n (3) Nothing in this section shall preclude the Government from cancelling \r\nor modifying any scheme sanctioned under sub -section (2) or the Committee from \r\ndrawing up a fresh or modified scheme. \r\n16. Committee and the Tribunal to exercise p owers under the Civil \r\nProcedure Code, 1908 .– (1) In relation to proceedings under this Act, the  \r\nCommittee and the Tribunal shall have the same powers which are vested in a Court \r\nunder the Code of Civil Procedure, 1908\r\n1\r\n, for the following matters:– \r\n(a) discovery and inspection; \r\n(b) enforcing the attendance of witnesses and requiring the deposit of their \r\nexpenses;  \r\n(c) compelling the production of documents; \r\n(d) examining witnesses on oath and receiving other evidence; \r\n(e) granting adjournments; \r\n(f) reception of evidence taken on affidavit; and  \r\n(g) issuing commissions for the examination of witnesses. \r\n (2) The Committee, or the Tribunal, may summon and examine, of its own \r\naccord, any person whose evidence appears to be material in any proceedings and it \r\nshall be deemed to be a Civil Court within the meaning of sections 480 and 482 of \r\nthe Code of Criminal Procedure, 1898\r\n2\r\n. \r\n (3) The provisions of the Evidence Act, 1872\r\n3\r\n, shall be deemed to  apply, \r\nso far as may be, to all proceedings before the Committee and the Tribunal. \r\n17. Government to provide funds for compensation .– The Government shall \r\nplace at the disposal of the Committee such funds as may be necessary for the \r\npayment of compensation under section 8 and for the proper management of the \r\ngraveyard. \r\n18. Contribution by local bodies .– The Government may require any local \r\nauthority to pay such annual contributions to the Committee, for the maintenance of \r\nthe graveyard, as may be fixed from time to time. \r\n19. Rules.– (1) The Government may make rules for the purposes of carrying into \r\neffect the provisions of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may provide for all or any of the following matters, namely:– \r\n(a) the regulation of the procedure and con duct of business by the \r\nCommittee and the Tribunal; \r\n(b) the constitution of the Committee, its powers and functions, the term of \r\noffice of members and the resignation and removal of members and \r\nthe appointment of the Chairman and Vice-Chairman of the Committee; \r\n(c) the employment of staff by the Committee and their conditions of \r\nservice; \r\n(d) the manner in which the funds required by the Committee shall be \r\nraised and spent; \r\n                                                           \r\n1V of 1908.  \r\n2V of 1898.  \r\n3I of 1872, repealed by the Qan un-e-Shahadat, 1984 (P.O. No. 10 of 1984), published in the Gazette of Pakistan \r\n(Extraordinary), dated October 28, 1984, pp. 587-642.  \r\n(e) the maintenance of accounts by the Committee and an audit thereof; \r\n(f) the manner in which schemes under section 15 shall be framed; and \r\n(g) the manner in which the Government shall control and supervise the \r\nactivities of the Committee. \r\n20. Penalties.– Any person who, after the extension of all or any of the provisions \r\nof this Act, to a graveyard:– \r\n(a) makes an encroachment or erects any building in an unauthorised \r\nmanner in any part of the area of the graveyard; \r\n(b) puts any land or property within the limits of the graveyard to any use \r\nnot in conformity with this Act, or any rules or a scheme thereunder; \r\n(c) damages any land or property included in the area of the graveyard; or \r\n(d) commits a breach of any of the provisions of this Act, or the rules or a \r\nscheme framed thereunder;  \r\nshall, on conviction by a Magistrate, be punished with i mprisonment of either \r\ndescription for a term which may extend to three months, or with fine which \r\nmay extend to one thousand rupees, or with both. \r\n21. Cognizance of offences under the Act .– No court shall take cognizance of \r\nan offence under this Act, excep t on the complaint of a person authorised by the \r\nGovernment in this behalf.  \r\n22. Dissolution of Committee.– The Government may, at any time, dissolve the \r\nCommittee, and transfer its assets and liabilities and entrust its functions and powers \r\nto a local authority.",
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