{ "schema_version": "qanun-law-text/1", "id": "punjab-code-f578825b2fc7f9a6", "title": "LAND ACQUISITION ACT, 1894", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AzRXZlFvBjI-", "version": null, "source_snapshot": "2026-08-06T16:39:13Z", "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": "6e6c3f2ec29a57b02fcf0f052fd7b3574161032e3e96a2bf5839da6ec163e718", "source_sha256": "6e6c3f2ec29a57b02fcf0f052fd7b3574161032e3e96a2bf5839da6ec163e718", "text_version_id": "law:punjab-code-f578825b2fc7f9a6:sha256:6e6c3f2ec29a57b02fcf0f052fd7b3574161032e3e96a2bf5839da6ec163e718", "quality_flags": [], "encoding": "UTF-8", "text": "`` \r\n(I of 1894) \r\nCONTENTS \r\nPART I \r\nPreliminary \r\n1. Short title, extent and commencement \r\n2. Repealed \r\n3. Definitions \r\nPART II \r\nAcquisition \r\nPreliminary Investigation \r\n4. Publication of preliminary notification and powers of officers thereupon \r\n5. Notification that particular land is needed for a public purpose or for a \r\nCompany \r\nObjections \r\n 5A. Hearing of objections \r\nDeclaration of intended Acquisition \r\n6. Declaration that land is required for a public purpose \r\n7. After declaration Collector to take order for acquisition \r\n8. Land to be marked out, measured and planned \r\n9. Notice to persons interested \r\n 10. Power t o require and enforce the making of statements as to names and \r\ninterests \r\nEnquiry into Measurements, Value and Claims, \r\nand Award by the Collector \r\n 11. Enquiry and award by Collector \r\n 12. Award of Collector when to be final \r\n12-A. Correction of mistake \r\n 13. Adjournment of enquiry \r\n 14. Power to summon and enforce attendance of witnesses and production of \r\ndocuments \r\n 15. Matters to be considered and neglected \r\nTaking Possession \r\nTHE LAND ACQUISITION ACT, 1894 \r\n 16. Power to take possession \r\n 17. Special power in cases of urgency \r\nPART III \r\nReference to Court and procedure thereon \r\n 18. Reference to Court \r\n 19. Collector's statement to the Court \r\n 20. Service of notice \r\n 21. Restriction on scope of proceedings \r\n 22. Proceedings to be in open Court \r\n22-A. Cross objection \r\n 23. Matters to be considered in determining compensation \r\n 24. Matters to be neglected in determining compensation \r\n 25. Rules as to amount of compensation \r\n 26. Form of awards \r\n 27. Costs \r\n 28. Collector may be directed to pay interest on excess compensation \r\nPART IV \r\nApportionment of compensation \r\n 29. Particulars of apportionment to be specified \r\n 30. Dispute as to apportionment \r\nPART V \r\nPayment \r\n 31. Payment of compensation or deposit of same in Court \r\n 32. Investment of money deposited in respect of lands belonging to persons \r\nincompetent to alienate \r\n 33. Investment of money deposited in other cases \r\n 34. Payment of interest \r\nPART VI \r\nTemporary occupation of land \r\n 35. Temporary occupation of waste or arable land \r\n Procedure when difference as to compensation exists \r\n 36. Power to enter and take possession, and compensation on restoration \r\n 37. Difference as to condition of land \r\nPART VII \r\nAcquisition of land for Companies \r\n 38. Company may be authorized to enter and survey \r\n38A. Industrial concern to be deemed Company for certain purposes \r\n 39. Previous consent of Commissioner and execution of agreement necessary \r\n 40. Previous enquiry \r\n 41. Agreement with Provincial Government \r\n 42. Publication of agreement \r\n 43. Sections 39 to 42 not to apply where Government bound by agreement to \r\nprovide land for Companies \r\n43-A. Restrictions on transfer, etc \r\n 44. How agreement between Railway Company and Secretary of State may be \r\nproved \r\nPART VIII \r\nMiscellaneous \r\n 45. Service of notices \r\n 46. Penalty for obstructing acquisition of land \r\n 47. Magistrate to enforce surrender \r\n 48. Completion of acquisition not compulsory, but compensation to be awarded \r\nwhen not completed \r\n 49. Acquisition of part of house or building \r\n 50. Acquisition of land at cost of a local authority or Company \r\n 51. Exemption from stamp-duty and fees \r\n 52. Notice in case of suits for anything done in pursuance of Act \r\n 53. Code of Civil Procedure to apply to proceedings before Court \r\n 54. Appeals in proceedings before Court \r\n 55. Power to make rules \r\n \r\nTEXT \r\n1\r\nTHE LAND ACQUISITION ACT, 1894 \r\n(I of 1894) \r\n[3 February 1894] \r\nAn \r\nAct \r\nto amend the law for the acquisition of land for public purposes and for Companies. \r\nWHEREAS it is expedient to amend the law for the acquisition of land needed for public \r\npurposes and for Companies and for determining the amount of compensation to be made \r\non account of such acquisition; \r\n It is hereby enacted as follows:– \r\nPART I \r\nPreliminary \r\n1. Short title, extent and commencement .– (1) This Act may be called the Land \r\nAcquisition Act, 1894. \r\n \r\n2\r\n[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force on the first day of March, 1894. \r\n3\r\n[2. Repeal.– * * * * * * * * * * * * * * * *] \r\n3. Definitions.– In this Act, unless there is something repugnant in the subject or \r\ncontext,– \r\n(a) the expression “land” includes benefits to arise out of land, and things attached \r\nto the earth or permanently fastened to anything attached to the earth: \r\n(b) the expression “person interested” includes all persons claiming an interest in \r\ncompensation to be made on account of the acquisition of land under this Act; \r\nand a person shall be deemed to be interested in land if he is interested in an \r\neasement affecting the land: \r\n \r\n1This Act was published in the Gazette of India, dated: 3 February 1894, pp. 1 -11. For Statement of Objects and Reasons, see \r\nGazette of India, 1892, Part V, p. 32; for Report of the Select Committee, see ibid., 1894, Part V, p. 23 and for Proceedings in \r\nCouncil, see ibid., 1892, Part VI, p. 25, and ibid., 1894, pp. 19, 24 to 42. \r\nThis Act was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913) , s. 3 read with \r\nSchedule I. \r\nIt was applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P . (now KPK), \r\nsubject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. \r\nIt was extended to Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws \r\nRegulation, 1950 and declared to be in force in that area with effect from 1 June 1951, see N.W.F.P., Gazette, Extraordinary, \r\ndated: 1 June 1951. \r\nFor local modifications see the Town Improvement Act, 1922 (Punjab Act IV of 1922), s. 59 and the Schedule, the Thal \r\nDevelopment Act, 1949 (Punjab Act XV of 1949), s. 35 and the Schedule, and the Karachi Development Order, 1957 (P.O. No. \r\n5 of 1957). \r\n2Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June \r\n1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the \r\nSecond Schedule: it came into force on 14 October 1955. \r\n3Repealed partly by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, Part IV, dated: 21 \r\nMarch 1914, pp. 47-59, s. 3 read with the Second Schedule and partly by the Repealing Act, 1938 (I of 1938), published in the \r\nGazette of India, dated: 5 March 1938, pp. 1-20, s. 2 read with the Schedule. \r\n \r\n1\r\n[(c) the expression “Collector” means the Collector of a District appointed under the \r\nPunjab Land Revenue Act, 1967 (XVII of 1967) and includes any officer \r\nspecially appointed by the Board of Revenue or the Commissioner:] \r\n2\r\n[(cc) the expression “Commissioner” means a Commissioner of a Division appointed \r\nunder the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an \r\nAdditional Commissioner;] \r\n \r\n3\r\n[(d) the expression “Court” means a principal Civil Court of original jurisdiction, and \r\nincludes the Court of any Additional District Judge and any Civil Judge whom \r\nthe Provincial Government may appoint, by name or by virtue of his office, to \r\nperform concurrently with any such principal Civil Court, all or any of the \r\nfunctions of the Court under this Act, within any specified area; provided that in \r\nthe case of a Civil Judge such functions shall be exercised only upto the limits \r\nof his pecuniary jurisdiction.] \r\n(e) the expression “Company” means a Company registered under the \r\n4\r\n[Companies Ordinance, 1984], or under the (English) Companies Acts, \r\n1862 to 1890, or incorporated by an Act of Parliament \r\n5\r\n[of the United \r\nKingdom] or \r\n6\r\n[by a \r\n7\r\n[Pakistan law] ], or by Royal Charter or Letters Patent \r\n8\r\n[and includes a society registered under the Societies Registration Act, \r\n1860\r\n9\r\n, and a registered society within the meaning of the Co -operative \r\nSocieties Act, 1912\r\n10\r\n]: \r\n(f) the expression “public purpose” includes the provision of village-sites in districts \r\nin which the \r\n11\r\n[Provincial Government] shall have declared by notification in the \r\nofficial Gazette that it is customary for the Government to make such provision: \r\nand \r\n(g) the following persons shall be deemed persons “entitled to act” as and to the \r\nextent hereinafter provided (that is to say)– \r\n \r\n1Substituted by the Punjab Laws ( Amendment) Act 2011 (VI of 2011), published in the Punjab Gazette (Extraordinary), dated: \r\n14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, vide notification published in the Punjab Gazette \r\n(Extraordinary), dated: 16 April 2011, p. 4081. \r\n2Inserted ibid. \r\n3Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 3. \r\n4Substituted for the expression “In dian Companies Act, 1882” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 \r\n(XXXIII of 2001), published in the Punjab Gazette (Extraordinary), dated: 14 August 2001, pp.1753 -1754, s. 3: the said \r\nOrdinance was saved under Article 270AA of the Const itution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n5Inserted by the Central Laws (Ad aption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March \r\n1956. \r\n6Substituted for the words “of the Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n7Substituted for the words “Indian law” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n8Added by the Land Acquisition (Amendment) Act, 1919 (XVII of 1919), published in the Gazette of India, dated: 20 September \r\n1919, p. 38, s. 2. \r\n9XXI of 1860. \r\n10II of 1912. \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, dated: 1 \r\nApril 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n trustees for other persons beneficially interested shall be deemed the persons \r\nentitled to act with reference to any such case, and that to the same extent as the \r\npersons beneficially interested could have acted if free from disability; \r\n a married woman, in cases to which the English law is applicable, shall be \r\ndeemed the person so entitled to act, and , whether of full age or not, to the \r\nsame extent as if she were unmarried and of full age; and \r\n the guardians of minors and the committees or managers of lunatics or idiots \r\nshall be deemed respectively the persons so entitled to act, to the same \r\nextent as the minors, lunatics or idiots themselves, if free from disability, could \r\nhave acted: \r\nProvided that– \r\n(i) no person shall be deemed “entitled to act” whose interest in the subject -\r\nmatter shall be shown to the satisfaction of the Collector or Court to be \r\nadverse to the interest of the person interested for whom he would otherwise \r\nbe entitled to act; \r\n(ii) in every such case the person interested may appear by a next friend or, in \r\ndefault of his appearance by a next friend, the Collector or Court, as the case \r\nmay be, shall appoint a guardian for the case to act on his behalf in the \r\nconduct thereof; \r\n(iii) the provisions of Chapter XXXI of the Code of Civil Procedure\r\n1\r\n shall, mutatis \r\nmutandis, apply in the case of persons interested appearing before a \r\nCollector or Court by a next friend, or by a guardian for the case, in \r\nproceedings under this Act; and \r\n(iv) no person “entitled to act” shall be competent to receive the compensation -\r\nmoney payable to the person for whom he is entitled to act , unless he would \r\nhave been competent to alienate the land and receive and give a good \r\ndischarge for the purchase-money on a voluntary sale. \r\nPART II \r\nAcquisition \r\nPreliminary Investigation \r\n4. Publication of preliminary notification and powers of officers thereupon .– \r\n2\r\n[(1) \r\nWhenever it appears to the Collector of the district that land in any locality is needed or is \r\nlikely to be needed for any public purpose or for a Company, a notification to that effect shall \r\nbe published in the official Gazette, and the Collector shall cause public notice of the \r\nsubstance of such notification to be given at convenient places in the said locality.] \r\n (2) Thereupon it shall be lawful for any officer, either generally or specially \r\nauthorized by \r\n3\r\n[the \r\n4\r\n[Collector of the district] ] in this behalf, and for his servants and \r\nworkmen,– \r\n \r\n1XIV of 1882. Now see the Code of Civil Procedure, 1908 (V of 1908). \r\n2Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated:17 December 1969, pp. 2237-2247, s. 4. \r\n3Substituted for the words “such Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Schedule III: it \r\ncame into force on 14 October 1955. \r\n4Substituted for the words “Commissioner or the Board of Revenue” by the Land Acquisition (West Pakistan Amendment) \r\nOrdinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary), dated: 17 December 1969, pp. \r\n2237-2247, s. 4. They were earlier substituted for the words “such Government” by the West Pakistan (Adaptation and Repeal \r\nof Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, \r\ns. 3(2) read with the Schedule II: it came into force on 14 October 1955. \r\nto enter upon and survey and take levels of any land in such locality; \r\nto dig or bore into the subsoil; \r\nto do all other acts necessary to ascertain whether the land is adapted for such purpose; \r\nto set out the boundaries of the land proposed to be taken and the intended line of the work \r\n(if any) proposed to be made thereon; \r\nto mark such levels, boundaries and lines by placing marks and cutting trenches; and, \r\nwhere otherwise the survey cannot be completed and the levels taken and t he \r\nboundaries and lines marked, to cut down and clear away any part of any standing crop, \r\nfence or jungle: \r\n Provided that no person shall enter into any building or upon any enclosed court or \r\ngarden attached to a dwelling -house (unless with the consent of the occupier thereof) \r\nwithout previously giving such occupier at least seven days ’ notice in writing of his intention \r\nto do so. \r\n1\r\n[(3) The officer so authorised shall at the time of such entry pay or tender payment for all \r\nnecessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the \r\namount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or \r\nother chief revenue-officer of the district, and such decision shall be final.] \r\n \r\n2\r\n[5. Notification that particular land is needed for a public purpose or for a Company.– \r\nWhere land is to be acquired for a public purpose, if the \r\n3\r\n[Commissioner], and where land is to \r\nbe acquired for a Company, the Provincial Government, is satisfied, after considering the result \r\nof the survey, if any, made under sub-section (2) of section 4, or if no survey is necessary, at any \r\ntime, that any particular land included in a locality notified under sub-section (1) of section 4 is \r\nneeded for a public purpose or a Company, as the case may be, a notification to that effect shall \r\nbe published in the official Gazette, stating the district or other territorial division in which the land \r\nis situate, the purpose for which it is needed, its approximate area and situation, and where a \r\nplan has been made of the land, the place where such plan may be inspected, and the Collector \r\nshall cause public notice to be given of the substance of the notification at convenient places on \r\nor near the land to be acquired.] \r\n4\r\n[Objections \r\n \r\n5\r\n[5A. Hearing of objections.– (1) Any person interested in any land which has been \r\nnotified under section 5 as being needed for a public purpose or for a Company may, within \r\nthirty days after the issue of the notification, object to the acquisition of the land or of an y \r\nland in the locality, as the case may be. \r\n \r\n1Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 4. \r\n2Substituted ibid., s. 5. \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n4Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India, dated: 11 \r\nAugust 1923, p. 122, s. 3. \r\n5Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 6. \r\n (2) Every objection under sub -section (1) shall be made to the Collector in \r\nwriting, and the Collector shall give the objector an opportunity of being heard either in \r\nperson or by pleader and shall, after hearin g all such objections and after making such \r\nfurther inquiry, if any, as he thinks necessary, submit the case for the decision of the \r\n1\r\n[Commissioner], together with the record of the proceedings held by him and a report \r\ncontaining his recommendations on the objections. The decision of the \r\n2\r\n[Commissioner] on \r\nthe objections shall be final. \r\n (3) Where land is needed for a Company, the Collector shall, after making such \r\nenquiries as he deems necessary, also make his recommendations to the \r\n3\r\n[Commissioner] \r\nwith regard to the area that in his opinion is reasonable for the purpose. \r\n (4) For the purpose of this section, a person shall be deemed to be interested in \r\nland who would be entitled to claim an interest in compensation if the land were acquired \r\nunder this Act.] ] \r\nDeclaration of intended Acquisition \r\n6. Declaration that land is required for a public purpose .– (1) Subject to the \r\nprovisions of Part VII of this Act, \r\n4\r\n[when the \r\n5\r\n[Commissioner] is satisfied, after considering \r\nthe report, if any, made under section 5-A, sub-section (2)] that any particular land is needed \r\nfor a public purpose, or for a Company, a declaration shall be made to that effect under the \r\nsignature of \r\n6\r\n[the \r\n7\r\n[Commissioner] ] or of some officer duly authorised to certify \r\n8\r\n[such] order: \r\n \r\n1Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Ibid. \r\n4Substituted for the words “whenever it appears to the Local Government” by the Land Acquisition (Amendment) Act, 1923 \r\n(XXXVIII of 1923), published in the Gazette of India, dated: 11 August 1923, p. 122, s. 4. \r\n5Substituted for the expression “Executive District Officer (Revenue) ” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Am endment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted for the words “a secretary to such Government” by t he West Pakistan (Adaptation and Repeal of Laws) Act, 1957 \r\n(XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709 -789, s. 3 read with the \r\nSchedule III: it came into force on 14 October 1955. \r\n7Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary ), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2 010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n8Substituted for the word “its” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in th e \r\nGazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on \r\n14 October 1955. \r\n Provided that no such declaration shall be made unless the compensation to be awarded \r\nfor such property is to be paid by a Company, or wholly or partly out of public revenues or \r\nsome fund controlled or managed by a local authority. \r\n (2) The declaration shall be published in the official Gazette, and shall state the \r\ndistrict or other territorial division in which the land is situate, the purpose for which it is \r\nneeded, its approximate area, and, where a plan shall have been made of the land, the \r\nplace where such plan may be inspected. \r\n (3) The said declaration shall be conclusive evidence that the land is needed for \r\na public purpose or for a Company, as the case may be; and, after making such declaration, \r\nthe \r\n1\r\n[Commissioner] may acquire the land in manner hereinafter appearing. \r\n \r\n2\r\n[(4) When the area in respect of which the said declaration is made is less than \r\nthe area previously notified under sub -section (1) of section 4, such previous notification, so \r\nfar as it relates to the excess area, shall be deemed to have b een superseded by the said \r\ndeclaration.] \r\n7. After declaration Collector to take order for acquisition.– Whenever any land shall \r\nhave been so declared to be needed for a public purpose , or for a Company, the \r\n3\r\n[Commissioner], or some officer authorized by the \r\n4\r\n[Commissioner] in this behalf, shall direct \r\nthe Collector to take order for the acquisition of the land. \r\n8. Land to be marked out, measured and planned .– The Collector shall thereupon \r\ncause the land (unless it has been already marked out under section 4) to be marked out. He \r\nshall also cause it to be measured, and (if no plan has been made thereof) a plan to be made of \r\nthe same. \r\n9. Notice to persons interested .– (1) The Collector shall then cause public notice to \r\nbe given at convenient places on or near the land to be taken, stating that the Government \r\nintends to take possession of the land, and that claims to compensation for all interests in \r\nsuch land may be made to him. \r\n \r\n1Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 195 7 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 7. \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance w as saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid. \r\n (2) Such notice shall state the particulars of the land so needed, and shall require all \r\npersons interested in the land to appear personally or by agent before the Collector at a time and \r\nplace therein mentioned (such time not being earlier than fifteen days after the date of \r\npublication of the notice), and to state the nature of their respective interests in the land and the \r\namount and particulars of their claims to compensation for such interests, and their objections (if \r\nany) to the measurements made under section 8. The Collector may in any case require such \r\nstatement to be made in writing and signed by the party or his agent. \r\n (3) The Collector shall also serve notice to the same effect on the occupier (if \r\nany) of such land and on all such persons known or believed to be interested therein, or to \r\nbe entitled to act for person s so interested, as reside or have agents authorised to receive \r\nservice on their behalf, within the revenue district in which the land is situate. \r\n (4) In case any person so interested resides elsewhere, and has no such agent, \r\nthe notice shall be sent to h im by post in a letter addressed to him at his last known \r\nresidence, address or place of business and registered under Part III of the Indian Post \r\nOffice Act, 1866\r\n1\r\n. \r\n \r\n2\r\n[(5) The Collector shall also serve notice of the enquiry to be held under section \r\n11 (such notice not being less than fifteen days prior to the date fixed under sub -section (2) \r\nfor determination of claims and objections) on the Department of Government, local authority \r\nor Company, as the case may be, for which land is being acquired, and require it to depute a \r\nduly authorised representative to attend the enquiry on its behalf for the purpose of making \r\nobjections (if any) to the measurement of the land, claims t o any interest in the land or the \r\namount of any compensation. Such authorised representative shall be a party to the \r\nproceedings.] \r\n10. Power to require and enforce the making of statements as to names and \r\ninterests.– (1) The Collector may also require any such person to make or deliver to him, at \r\na time and place mentioned (such time not being earlier than fifteen days after the date of \r\nthe requisition), a statement containing, so far as may be practicable, the name of every \r\nother person possessing any inte rest in the land or any part thereof as co -proprietor, sub-\r\nproprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the \r\nrents and profits (if any) received or receivable on account thereof for three years next \r\npreceding the date of the statement. \r\n (2) Every person required to make or deliver a statement under this section or \r\nsection 9 shall be deemed to be legally bound to do so within the meaning of sections 175 and \r\n176 of the \r\n3\r\n[Pakistan Penal Code\r\n4\r\n]. \r\n \r\n1XIV of 1866. See now the Post Office Act, 1898 (VII of 1898). \r\n2Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 8. \r\n3Replaced for the words “Indian Penal Code” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\npublished in the Gazette of West Pakistan (Extraordina ry), dated: 2 July 1957, pp. 709 -789, s. 3 read with the Schedule II: it \r\ncame into force on 14 October 1955. \r\n4XLV of 1860. \r\nEnquiry into Measurements, Value and Claims, \r\nand Award by the Collector. \r\n11. Enquiry and award by Collector.– On the day so fixed, or on any other day to which \r\nthe enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if \r\nany) which any person interested \r\n1\r\n[and a Department of Government, a local authority, or a \r\nCompany, as the case may be,] has stated pursuant to a notice given under section 9 to the \r\nmeasurements made under section 8, and into the value of the land \r\n2\r\n[at the date of the \r\npublication of the notification under section 4, sub-section (1)], and into the respective interests \r\nof the persons claiming the compensation, and shall make an award under his hand of– \r\n(i) the true area of the land; \r\n(ii) the compensation which in his opinion should be allowed for the land; and \r\n(iii) the apportionment of the said compensation among al l the persons known or \r\nbelieved to be interested in the land, of whom, or of whose claims, he has \r\ninformation, whether or not they have respectively appeared before him. \r\n12. Award of Collector when to be final .– (1) Such award shall be filed in the \r\nCollector's office and shall, except as hereinafter provided, be final and conclusive evidence, \r\nas between the Collector and the persons interested, whether they have respectively \r\nappeared before the Collector or not, of the true area and value of the land, and t he \r\napportionment of the compensation among the persons interested. \r\n (2) The Collector shall give immediate notice of his award to such of the persons \r\ninterested as are not present personally or by their representatives when the award is made. \r\n3\r\n[12-A. Correction of mistake .– Any clerical or arithmetical mistake in the award arising \r\ntherein from any accidental slip or omission may, at any time, be corrected by the Collector \r\neither of his own motion or on the application of any of the parties.] \r\n13. Adjournment of enquiry.– The Collector may, for any cause he thinks fit, from time \r\nto time adjourn the enquiry to a day to be fixed by him. \r\n14. Power to summon and enforce attendance of witnesses and production of \r\ndocuments.– For the purpose of enquiries under this Act, the Collector shall have power to \r\nsummon and enforce the attendance of witnesses, including the parties interested or any of \r\nthem, and to compel the production of documents by the same means, and (so far as may be) in \r\nthe same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure. \r\n15. Matters to be considered and neglected .– In determining the amount of \r\ncompensation, the Collector shall be guided by the provisions contained in sections 23 and 24. \r\nTaking Possession \r\n16. Power to take possession.– When the Collector has made an award under section \r\n11, he may \r\n1\r\n[, subject to the provision of section 31,] take possession of the land, which shall \r\nthereupon \r\n2\r\n[vest absolutely in the \r\n3\r\n[Government] ], free from all encumbrances. \r\n \r\n1Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 9. \r\n2Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India, dated: 11 \r\nAugust 1923, p. 122, s. 5. \r\n3Inserted by the Land Acquisition (West Pakis tan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 10. \r\n \r\n4\r\n[17. Special power in cases of urgency .– (1) In cases of urgency, whenever the \r\n5\r\n[Commissioner] so directs, the Collector, though no such award has been made, may, on \r\nthe expiration of fifteen days from publication of the notice mentioned in sub -section (1) of \r\nsection 9, take possession of any land needed for public purposes or for a Company. Such \r\nland shall thereupon vest absolutely in the Government, free from all encumbrances: \r\n Provided that the \r\n6\r\n[Commissioner] shall not issue any direction to the Collector under this \r\nsub-section unless the Department of Government, the local authority, or Company, as the case \r\nmay be, for which the land is being acquired, has first deposited the estimated cost of acquisition \r\nof such land as determined by the Collector of the district, keeping in view the provisions of \r\nsections 23 and 24. \r\n (2) Whenever, owing to any sudden change in the channel of any navigable river or \r\nother unforeseen emergency, it becomes necessary for any Railway Administration to acquire \r\nthe immediate possession of any land for the maintenance of their traffic or for the purpose of \r\nmaking thereon a river-side or ghat station, or of providing convenient connection with or access \r\nto any such station, or whenever owing to a similar emergency it becomes necessary for the \r\n7\r\n[Commissioner] to acquire the immediate possession of any land for the purposes of \r\nmaintaining traffic over a public road, the Collector may, immediately after the publication of the \r\nnotice mentioned in sub-section (1) and with the previous sanction of the \r\n8\r\n[Commissioner], enter \r\nupon and take possession of such land, which shall thereupon vest absolutely i n the \r\nGovernment free from all encumbrances: \r\n Provided that the Collector shall not take possession of any building or part of a \r\nbuilding under this sub -section without giving to the occupier thereof at least forty -eight \r\nhours’ notice of his intention so t o do, or such longer notice as may be reasonably sufficient \r\nto enable such occupier to remove his movable property from such building without \r\nunnecessary inconvenience. \r\n (3) In every case under either of the preceding sub-sections the Collector shall at the \r\ntime of taking possession offer to the persons interested compensation for the standing crops \r\nand trees (if any) on such land and for any other damage sustained by them caused by such \r\n \r\n1Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published i n the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s.11. \r\n2Substituted for the words “vest absolutely in the Government” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n4Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 12. \r\n5Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n6Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n7Ibid. \r\n8Ibid. \r\nsudden dispossession and not excepted in section 24; and, in case such offer is not accepted, \r\nthe value of such crops and trees and the amount of such other damage shall be allowed for in \r\nawarding compensation for the land under the provisions herein contained. \r\n (4) In cases where in the opinion of the \r\n1\r\n[Commissioner], the provisions of sub-\r\nsection (1) or sub-section (2) are applicable, the \r\n2\r\n[Commissioner] may direct that the provisions \r\nof sections 5 and 5-A shall not apply, and, if he does so direct, a declaration may be made under \r\nsection 6 in respect of the land at any tim e after the publication of the notification under sub-\r\nsection (1) of section 4.] \r\nPART III \r\nReference to Court and procedure thereon \r\n18. Reference to Court.– (1) Any person interested who has not accepted the award may, \r\nby written application to the Collector, require that the matter be referred by the Collector for \r\nthe determination of the Court, whether his objection be to the measurement of the land, the \r\namount of the compensation, the persons to whom it is payable, or the apportionment of the \r\ncompensation among the persons interested. \r\n (2) The application shall state the grounds on which objection to the award is \r\ntaken: \r\n Provided that every such application shall be made,– \r\n(a) if the person making it was present or represented before the \r\nCollector at the t ime when he made his award, within six weeks from \r\nthe date of the Collector's award; \r\n(b) in other cases, within six weeks of the receipt of the notice from the \r\nCollector under section 12, sub -section (2), or within six months from \r\nthe date of the Collector's award, whichever period shall first expire. \r\n \r\n3\r\n[(3) Notwithstanding anything to the contrary contained in section 21, the \r\nProvincial Government may, if it has not accepted the award, refer the matter to the Court \r\nwithin a period of six months from the date of announcement of the award; provided that the \r\nCourt shall not entertain the reference unless in its opinion there is a prima facie case for \r\ninquiry into and determination of the objection against the award.] \r\n19. Collector’s statement to the Court.– (1) In making the reference, the Collector shall \r\nstate, for the information of the Court, in writing under his hand,– \r\n(a) the situation and extent of the land, with particulars of any trees, building or \r\nstanding crops thereon; \r\n(b) the names of the persons whom he has reason to think interested in such \r\nland; \r\n \r\n1Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 ( VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n2Ibid. \r\n3Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 13. \r\n(c) the amount awarded for damages and paid or tendered under sections 5 and \r\n17, or either of them and the amount of compensation awarded under section \r\n11; and, \r\n(d) if the objection be to the amount of the compensation, the grounds on which \r\nthe amount of compensation was determined. \r\n (2) To the said statement shall be attached a schedule giving the particulars of \r\nthe notices served upon, and of the statements in writing made or delivered by , the parties \r\ninterested respectively. \r\n20. Service of notice.– The Court shall thereupon cause a notice specifying the day on \r\nwhich the Court will proceed to determine the objection, and directing their appearance \r\nbefore the court on that day, to be served on the following persons, namely:– \r\n(a) the applicant; \r\n(b) all persons interested in the objection, except such (if any) of them as have \r\nconsented without protest to receive payment of the compensation awarded; \r\nand, \r\n(c) if the objection is in regard to the area of the land or to the amount of the \r\ncompensation, the Collector \r\n1\r\n[and the Department of Government, local \r\nauthority or Company, as the case may be, for which land is being acquired]. \r\n21. Restriction on scope of proceedings .– The scope of the inquiry in every such \r\nproceeding shall be restricted to a consideration of the interests of the persons affected by \r\nthe objection. \r\n22. Proceedings to be in open Court.– Every such proceeding shall take place in open \r\nCourt, and all persons entitled to practi se in any Civil Court in the province shall be entitled \r\nto appear, plead and act (as the case may be) in such proceeding. \r\n \r\n2\r\n[22-A. Cross objection.– The Provincial Government, or a local authority or a Company for \r\nwhich land is being acquired, may lodge a cr oss objection to the objection made by any \r\nperson interested and the Court may reduce the amount awarded by the Collector if it \r\nconsiders it just and proper.] \r\n23. Matters to be considered in determining compensation .– (1) In determining the \r\namount of compensation to be awarded for land acquired under this Act, the Court shall take \r\ninto consideration– \r\nfirst, the market-value of the land at the date of the publication of the \r\n3\r\n[notification \r\nunder section 4, sub-section (1),] \r\n \r\n4\r\n[Explanation.– For the purpose of determining the market -value, the Court shall take into \r\naccount transfers of land similarly situated and in similar use. The potential value of the land to \r\nbe acquired if put to a different use shall only be taken into consideration if it is proved that land \r\nsimilarly situated and previously in similar use has, before the date of the notification under sub-\r\nsection (1) of section 4, been transferred with a view to being put to the use relied upon as \r\naffecting the potential value of the land to be acquired: \r\n \r\n1Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 14. \r\n2Ibid, s. 15. \r\n3Substituted for the expression “declaration relating thereto under section 6; ” by the Land Acquisition (Amendment) Act, 1923 \r\n(XXXVIII of 1923), published in the Gazette of India, dated: 11 August 1923, p. 122, s. 7. \r\n4Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 16. \r\nProvided that– \r\n(i) if the market-value has been increased in consequence of the land being put to a \r\nuse which is unlawful or contrary to public policy, that use shall be disregarded \r\nand the market-value shall be deemed to be the market -value of the land if it \r\nwere put to ordinary use; and \r\n(ii) if the market-value of any building has been increased in consequence of the \r\nbuilding being so overcrowded as to be dangerous to the health of the \r\ninmates, such overcrowding shall be disregarded and the market-value shall \r\nbe deemed to be the market-value of the building if occupied by such number \r\nof persons only as can be accommodated in it without risk of danger to health \r\nfrom overcrowding.] \r\nsecondly, the damage sustained by the person interested, by reason of the taking of any \r\nstanding crops or trees which may be on the land at the time of the Collector's taking \r\npossession thereof; \r\nthirdly, the damage (if any) sustained by the person interested, at the time of the \r\nCollector's taking possession of th e land, by reason of severing such land from his other \r\nland; \r\nfourthly, the damage (if any) sustained by the person interested, at the time of the \r\nCollector's taking possession of the land, by reason of the acquisition injuriously affecting his \r\nother property, moveable or immoveable, in any other manner, or his earnings; \r\nfifthly, if, in consequence of the acquisition of the land by the Collector, the person \r\ninterested is compelled to change his residence or place of business, the reasonable \r\nexpenses (if any) incidental to such change; and \r\nsixthly, the damage (if any) bona fide resulting from diminution of the profits of the land \r\nbetween the time of the publication of the declaration under section 6 and the time of the \r\nCollector's taking possession of the land. \r\n1\r\n[(2) In addition to the market-value of the land as above provided, the Court shall award \r\na sum of fifteen per centum on such market-value, in consideration of the compulsory nature \r\nof the acquisition, if the acquisition has been made for a public purpose and a sum of twenty-\r\nfive per centum on such market-value if the acquisition has been made for a Company.] \r\n24. Matters to be neglected in determining compensation .– But the Court shall not \r\ntake into consideration,– \r\nfirst, the degree of urgency which has led to the acquisition; \r\nsecondly, any disinclination of the person interested to part with the land acquired; \r\nthirdly, any damage sustained by him which, if caused by a private person, would not \r\nrender such person liable to a suit; \r\nfourthly, any damage which is likely to be caused to the land acquired, after the date \r\nof the publication of the declaration under section 6, by or in consequence of the use to \r\nwhich it will be put; \r\nfifthly, any increase to the value of the land acquired likely to accru e from the use to \r\nwhich it will be put when acquired; \r\nsixthly, any increase to the value of the other land of the person interested likely to \r\naccrue from the use to which the land acquired will be put; or, \r\n \r\n1Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 16. \r\nseventhly, any outlay or improvements on, or dispo sal of, the land acquired, \r\ncommenced, made or effected without the sanction of the Collector after the date of the \r\npublication of the \r\n1\r\n[notification under section 4, sub-section (1)]. \r\n25. Rules as to amount of compensation .– (1) When the applicant has made a claim \r\nto compensation, pursuant to any notice given under section 9, the amount awarded to him \r\nby the Court shall not exceed the amount so claimed \r\n2\r\n[* * * * * * * * * * * * *]. \r\n (2) When the applicant has refused to make such claim or has omitted with out \r\nsufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by \r\nthe Court shall in no case exceed the amount awarded by the Collector. \r\n (3) When the applicant has omitted for a sufficient reason (to be allowed by the \r\nJudge) to make such claim, the amount awarded to him by the Court shall not be less than, \r\nand may exceed, the amount awarded by the Collector. \r\n26. Form of awards.– \r\n3\r\n[(1)] Every award under this part shall be in writing signed by the \r\nJudge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, \r\nand also the amounts (if any) respectively awarded under each of the other clauses of the same \r\nsub-section, together with the grounds of awarding each of the said amounts. \r\n \r\n4\r\n[(2) Every such awa rd shall be deemed to be a decree and the statement of the \r\ngrounds of every such award a judgment within the meaning of section 2, clause (2), and \r\nsection 2, clause (9), respectively, of the Code of Civil Procedure, 1908\r\n5\r\n.] \r\n27. Costs.– (1) Every such award shall also state the amount of costs incurred in the \r\nproceedings under this Part, and by what persons and in what proportions they are to be \r\npaid. \r\n (2) When the award of the Collector is not upheld, the costs shall ordinarily be \r\npaid by the Collector, unless the Court shall be of opinion that the claim of the applicant was \r\nso extravagant or that he was so negligent in putting his case before the Collector that some \r\ndeduction from his costs should be made or that he should pay a part of the Collector's \r\ncosts. \r\n28. Collector may be directed to pay interest on excess compensation .– If the sum \r\nwhich, in the opinion of the Court, the Collector ought to have awarded as compensation is \r\nin excess of the sum which the Collector did award as compensation, the award of the Court \r\nmay direct that the Collector shall pay \r\n6\r\n[compound interest on such excess at the rate of \r\neight per centum] per annum from the date on which he took possession of the land to the \r\ndate of payment of such excess into Court. \r\n \r\n1Substituted for the expression “declaration under section 6” by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), \r\npublished in the Gazette of India, dated: 11 August 1923, p. 122, s. 8. \r\n2The expression “or be less than t he amount awarded by the Collector under section 11” w as omitted by the Land Acquisition \r\n(West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary), \r\ndated: 17 December 1969, pp. 2237-2247, s. 17. \r\n3Renumbered by the Land Acquisition (Amendment) Act, 1921 (XIX of 1921), published in the Punjab Gazette, dated: 21 \r\nOctober 1921, p. 104, s. 2. \r\n4Added ibid. \r\n5V of 1908. \r\n6Substituted for the words “interest on such excess at the rate of six per centum” by the Land Acquisition (West Pakistan \r\nAmendment) Act, 1969 (III of 1969), published in the Gazette of West Pakistan (Extraordinary), dated: 15 March 1969, pp. 421-\r\nA to 421-B, s. 2. \r\n \r\n1\r\n[Provided that in all cases where the Court has directed that Collector shall pay \r\ninterest on such excess at the rate of six per centum from the date on which possession was \r\ntaken and the payment of compensation or a part thereof has not been made up to th e \r\ncommencement of the Land Acquisition (West Pakistan Amendment) Act, 1969, the rate of \r\ncompound interest on such excess or balance shall be eight per centum.] \r\nPART IV \r\nApportionment of compensation \r\n29. Particulars of apportionment to be specified .– Where there are several persons \r\ninterested, if such persons agree in the apportionment of the compensation, the particulars of \r\nsuch apportionment shall be specified in the award, and as between such persons the award \r\nshall be conclusive evidence of the correctness of the apportionment. \r\n30. Dispute as to apportionment.– When the amount of compensation has been settled \r\nunder section 11, if any dispute arises as to the apportionment of the same or any part thereof, \r\nor as to the persons to whom the same or any part thereof is payable, the Collector may refer \r\nsuch dispute to the decision of the Court. \r\nPART V \r\nPayment \r\n31. Payment of compensation or deposit of same in Court .– \r\n2\r\n[(1) When the Collector \r\nhas made an award under section (11)– \r\n(a) if the persons interested entitled to compensation under the award and the \r\nProvincial Government accept the award and intimate their acceptance in writing \r\nto the Collector before the expiry of the period prescribed in sub-section (2) of \r\nsection 18 for making an application to the Collector for referring the award to the \r\nCourt, or in sub-section (3) of the said section for referring the award to the Court \r\nby the Provincial Government, whichever is later, or if the period specified in sub-\r\nsection (2) of the said section for making an application to the Collector or in sub-\r\nsection (3) for referri ng the award to the Court has expired and no such \r\napplication or reference has been made, the Collector shall, before taking \r\npossession of the land, tender payment of the full amount of compensation \r\nawarded by him to the persons entitled thereto according to the award, and shall \r\npay it to them unless prevented by some one or more of the contingencies \r\nmentioned in sub-section (2); \r\n(b) if the persons interested entitled to compensation under the award or the \r\nProvincial Government object to the award and an application has been made to \r\nthe Collector under sub-section (2) of section 18 for referring the award to the \r\nCourt, or the award has been referred to the Court by the Provincial Government \r\nunder sub -section (3) of that section, the Collector shall, before t aking \r\npossession of the land, tender payment of the compensation awarded by him or \r\nthe estimated cost of acquisition of such land as determined by the Collector of \r\nthe district under sub-section (1) of section 17, whichever is less, to the persons \r\nentitled thereto under the award and shall pay it to them unless prevented by \r\nsome one or more of the contingencies mentioned in sub-section (2): \r\nProvided that no payment under clause (b) shall be made until the person entitled to \r\ncompensation furnishes to the satisfaction of the Collector a security for refund of the \r\n \r\n1Added by the Land Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), published in the Gazette of West Pakistan \r\n(Extraordinary), dated: 15 March 1969, pp. 421-A to 421-B, s. 2. \r\n2Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 18. \r\namount, if any, which may subsequently be found to be in excess of the \r\ncompensation awarded to him by the Court.] \r\n (2) If they shall not consent to receive it, or if there be no person competent to \r\nalienate the land, or if there be any dispute as to the title to receive the compensation or as \r\nto the apportionment of it, the Collector shall deposit the amount of the compensation in the \r\nCourt to which a reference under section 18 would be submitted: \r\n Provided that any person admitted to be interested may receive such payment under \r\nprotest as to the sufficiency of the amount: \r\n Provided also that no person who has received the amount otherwise than under \r\nprotest shall be entitled to make any application under section 18: \r\n Provided also that nothing herein contained shall affect the liability of any person, \r\nwho may receive the whole or any part of any compensation awarded under this Act, to pay \r\nthe same to the person lawfully entitled thereto. \r\n (3) Notwithstanding anything in this section the Collector may, with the sanction \r\nof the 1\r\n[Commissioner], instead of awarding a money compensation in respect of any land, \r\nmake any arrangement with a person having a limited interest in such land, either by the \r\ngrant of o ther lands in exchange, the remission of land -revenue on other lands held under \r\nthe same title, or in such other way as may be equitable having regard to the interests of the \r\nparties concerned. \r\n (4) Nothing in the last foregoing sub -section shall be constr ued to interfere with \r\nor limit the power of the Collector to enter into any arrangement with any person interested in \r\nthe land and competent to contract in respect thereof. \r\n32. Investment of money deposited in respect of lands belonging to persons \r\nincompetent to alienate.– (1) If any money shall be deposited in Court under sub-section (2) of \r\nthe last preceding section and it appears that the land in respect whereof the same was awarded \r\nbelonged to any person who had no power to alienate the same, the Court shall– \r\n(a) order the money to be invested in the purchase of other lands to be held \r\nunder the like title and conditions of ownership as the land in respect of which \r\nsuch money shall have been deposited was held, or \r\n(b) if such purchase cannot be effected f orthwith, then in such Government or \r\nother approved securities as the Court shall think fit; and shall direct the \r\npayment of the interest or other proceeds arising from such investment to the \r\nperson or persons who would for the time being have been entitle d to the \r\npossession of the said land, and such moneys shall remain so deposited and \r\ninvested until the same be applied– \r\n(i) in the purchase of such other lands as aforesaid; or \r\n(ii) in payment to any person or persons becoming absolutely entitled \r\nthereto. \r\n \r\n1Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n (2) In all cases of moneys deposited to which this section applies, the Court shall \r\norder the costs of the following matters, including therein all reasonable charges and \r\nexpenses incidental thereto, to be paid by the Collector, namely:– \r\n(a) the costs of such investments as aforesaid; \r\n(b) the costs of the orders for the payment of the interest or other \r\nproceeds of the securities upon which such moneys are for the time \r\nbeing invested, and for the payment out of Court of the principal of \r\nsuch moneys, and of all proceedings relating thereto, except such as \r\nmay be occasioned by litigation between adverse claimants. \r\n33. Investment of money deposited in other cases.– When any money shall have been \r\ndeposited in Court under this Act for any cause other than that mentioned in the last preceding \r\nsection, the Court may, on the application of any party interested or claiming an interest in such \r\nmoney, order the same to be invested in such Government or other approved securities as it \r\nmay think proper, and may direct the interest or other proceeds of any such investment to be \r\naccumulated and paid in such manner as it may consider will give the parties interested therein \r\nthe same benefit therefrom as they might have had from the land in respect whereof such \r\nmoney shall have been deposited or as near thereto as may be. \r\n34. Payment of interest .– When the amount of such compensation is not paid or \r\ndeposited on or before taking possession of the land, the Collector shall pay the amount \r\nawarded with \r\n1\r\n[compound interest at the ra te of eight per centum] per annum from the time \r\nof so taking possession until it shall have been so paid or deposited \r\n2\r\n[:] \r\n3\r\n[Provided that any Waiver of the above right by the landowner shall be void and he \r\nshall be entitled to the said interest notwithstanding any agreement to the contrary.] \r\nPART VI \r\nTemporary occupation of land \r\n35. Temporary occupation of waste or arable land .– Procedure when difference as \r\nto compensation exists.– (1) Subject to the provisions of Part VII of this Act, whenever it \r\nappears t o the \r\n4\r\n[Commissioner] that the temporary occupation and use of any waste or \r\narable land are needed for any public purpose or for a Company, the \r\n5\r\n[Commissioner] may \r\n \r\n1Substituted for the words “interest thereon at the rate of six per centum” by the Land Acquisition (West Pakistan Amendment) \r\nAct, 1969 (III of 1969), published in the Gazette of West Pakistan (Extraordinary), dated: 15 March 1969, pp. 421-A to 421-B, s. \r\n2. \r\n2Substituted ibid., for the “full-stop”. \r\n3Added ibid. \r\n4Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 195 7 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5Substituted for the expression “Executive District Officer (R evenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\ndirect the Collector to procure the occupation and use of the same for such term as it shall \r\nthink fit, not exceeding three years from the commencement of such occupation. \r\n1\r\n[(2) The Collector shall cause public notice of the substance of the direction to be \r\ngiven at convenient places in the locality in which the land is situate, and thereupon it shall \r\nbe lawful for any officer, either generally or specially authorised by the Collector in this \r\nbehalf, and for the servants and workmen of such officer, to enter upon and survey and take \r\nlevels of any land in such locality.] \r\n2\r\n[(3) On receipt of plans detailing the land acquired, the Collector shall give notice \r\nin writing to the persons interested in such land of the purpose for which the same is needed \r\nand shall, for the occupation and use thereof for such term as aforesaid, and for the \r\nmaterials, if a ny, to be taken therefrom, pay to them such compensation, either in a gross \r\nsum of money or by monthly or other periodical payments as shall be agreed upon in writing \r\nbetween him and such persons respectively.] \r\n3\r\n[(4)] In case the Collector and the persons interested differ as to the sufficiency of \r\nthe compensation or apportionment thereof, the Collector shall refer such difference to the \r\ndecision of the Court. \r\n36. Power to enter and take possession, and compensation on restoration .– (1) On \r\npayment of such compensation, or on executing such agreement, or on making a reference \r\nunder section 35, the Collector may enter upon and take possession of the land, and use or \r\npermit the use thereof in accordance with the terms of the said notice. \r\n (2) On the expiration of the term, the Collector shall make or tender to the \r\npersons interested compensation for the damage (if any) done to the land and not provided \r\nfor by the agreement, and shall restore the land to the persons interested therein: \r\n Provided that, if the land has become permanently unfit to be used for the purpose for \r\nwhich it was used immediately before the commencement of such term, and if the persons \r\ninterested shall so require, the \r\n4\r\n[Commissioner] shall proceed under this Act to acquire the land \r\nas if it was needed permanently for a public purpose or for a Company. \r\n37. Difference as to condition of land .– In case the Collector and persons interested \r\ndiffer as to the condition of the land at the expiration of the term, or as to any matter \r\nconnected with the said agreement, the Collector shall refer such difference to the decision \r\nof the Court. \r\n \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (E xtraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n1Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 19. \r\n2Inserted ibid. \r\n3Renumbered by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette \r\nof West Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 19. \r\n4Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as subst ituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\nPART VII \r\nAcquisition of land for Companies \r\n38. Company may be authorized to enter and survey.– \r\n1\r\n[(1) The \r\n2\r\n[Commissioner] may \r\nauthorise any officer of any Company desiring to acquire land for its purpose to exercise the \r\npowers conferred by sub-section (2) of section 4.] \r\n (2) In every such case section 4 shall be construed as if for the words “for such \r\npurpose” the words “for the purposes of the Company” were substituted; and \r\n3\r\n[sub-section (3) of \r\nsection 4] shall be construed as if after the words “the officer” the words “of the Company” were \r\ninserted. \r\n \r\n4\r\n[38A. Industrial concern to be deemed Company for certain purposes .– An industrial \r\nconcern, ordinarily employing not less than one hundred workmen owned by an individual or by \r\nan association of individuals and not being a Company, desiring to acquire land for the erection \r\nof dwelling houses for workmen employed by the concern or for the prov ision of amenities \r\ndirectly connected therewith shall, so far as concerns the acquisition of such land, be deemed to \r\nbe a Company for the purposes of this part, and the references to Company in sections 5A, 6, 7, \r\n17 and 50 shall be interpreted as references also to such concern.] \r\n39. Previous consent of \r\n5\r\n[Commissioner] and execution of agreement necessary .– \r\nThe provisions of sections 6 to 37 (both inclusive) shall not be put in force in order to acquire \r\nland for any Company, unless with the previous consent of the \r\n6\r\n[Commissioner], nor unless \r\nthe Company shall have executed the agreement hereinafter mentioned. \r\n40. Previous enquiry.– (1) Such consent shall not be given unless the \r\n7\r\n[Commissioner] \r\nbe satisfied, \r\n8\r\n[either on the report of the Collector under section 5A, sub-section (2), or] by an \r\nenquiry held as hereinafter provided,– \r\n \r\n1Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 20. \r\n2Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extra ordinary), dated: 20 \r\nApril 2010, pp. 267-316, s. 96. \r\n3Substituted for the expression “section 5” by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of \r\n1969), published in the Gazette of West Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 20. \r\n4Inserted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), published in the Gazette of India, dated: 16 September \r\n1933, p. 34, s. 2. \r\n5Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 195 7 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Ibid. \r\n7Ibid. \r\n8Inserted by the Land Acquisition (Amendment) Ac t, 1923 (XXXVIII of 1923), published in the Gazette of India, dated: 11 \r\nAugust 1923, p. 122, s. 9. \r\n1\r\n[(a) that the purpose of the acquisition is to obtain land for the erection of dwelling \r\nhouses for workmen employed by the Company or for the provision of \r\namenities directly connected therewith, or \r\n2\r\n[(aa) that such acquisition is needed for the construction of some building or work \r\nfor a Company which is engaged or is taking steps for engaging itself in any \r\nindustry or work which is for a public purpose, or] \r\n(b) that such acqu isition is needed for the construction of some work, and that \r\nsuch work is likely to prove useful to the public \r\n3\r\n[,or] ] \r\n \r\n4\r\n[(c) that the area proposed to be acquired is reasonable for the purpose.] \r\n (2) Such enquiry shall be held by such officer and at such time and place as the \r\n5\r\n[Commissioner] shall appoint. \r\n (3) Such officer may summon and enforce the attendance of witnesses and \r\ncompel the production of documents by the same means and, as far as possibl e, in the \r\nsame manner as is provided by the\r\n \r\nCode of Civil Procedure in the case of a Civil Court. \r\n41. Agreement \r\n6\r\n[with the Provincial Government].– \r\n7\r\n[* * * * * * * * * * * * ] If the \r\n8\r\n[Commissioner] is satisfied \r\n9\r\n[after considering the report, if any, o f the Collector under \r\nsection 5A, sub-section (2), or on the report of the officer making an inquiry under section \r\n \r\n1Substituted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), published in the Gazette of India, dated: 16 \r\nSeptember 1933, p. 34, s. 3. \r\n2Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1965 (I of 1965), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 13 February 1965, pp. 593-594, s. 3. \r\n3Substituted for the “full-stop” by the Land Acquisition (West Pakistan A mendment) Ordinance, 1969 (XLIX of 1969), published \r\nin the Gazette of West Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 21. \r\n4Added ibid. \r\n5Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amen dment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 Augu st 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted for the words “Secretary of State in Council” because of its substitution in the main text for the words “with th e \r\nSecretary of State for India in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n7The expression “Such officer shall report to the L ocal Government the result of enquiry, and,” was omitted by the Land \r\nAcquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India, dated: 11 August 1923, p. 122, s. 10. \r\n8Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n9Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India, dated: 11 \r\nAugust 1923, p. 122, s. 10. \r\n40] that \r\n1\r\n[the object of the proposed acquisition is to obtain land for one of the purposes \r\nreferred to in clause (a) or clause (aa) or clause (b) of sub -section (1) of section 40] \r\n2\r\n[he] \r\nshall, \r\n3\r\n[* * * * * * * * * * * * * * * * * * * * *], require the Company to enter into an agreement \r\n4\r\n[with \r\nthe Provincial Government], providing to the satisfaction of the \r\n5\r\n[Provincial Government] for \r\nthe following matters, namely:– \r\n(1) the \r\n6\r\n[payment to the Provincial Government] of the cost of the acquisition; \r\n(2) the transfer, on such payment, of the land to the Company; \r\n(3) the terms on which the land shall be held by the Company; \r\n7\r\n[(4) where the acquisi tion is for the purpose of erecting dwelling houses or the \r\nprovision of amenities connected therewith, the time within which, the conditions on which \r\nand the manner in which the dwelling houses or amenities shall be erected or provided; and] \r\n \r\n8\r\n[(5) where the acquisition is for a purpose falling under clause (b) of sub-section (1) \r\nof section 40, the time within which and the conditions on which the work shall be constructed \r\nand maintained.] \r\n42. Publication of agreement .– Every such agreement shall, as soon as may be after \r\nits execution, be published \r\n9\r\n[* * * * * * * ] in the \r\n10\r\n[official Gazette], \r\n11\r\n[and the acquisition shall \r\nbe deemed to have been made subject to the terms of such agreement]. \r\n43. Sections 39 to 42 not to apply where Government bound by agreement to \r\nprovide land for Companies.– The provisions of sections 39 to 42, both inclusive, shall not \r\napply, and the corresponding sections of the Land Acquisition Act, 1870\r\n12\r\n, shall be deemed \r\n \r\n1Substituted for the expression “the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for \r\nworkmen employed by the Company or for the provision of amenities directly connected therewith, or that the proposed \r\nacquisition is needed for the construction of a work, and that such work is likely to prove useful to the public” by the Land \r\nAcquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan \r\n(Extraordinary), dated: 17 December 1969, pp. 2237 -2247, s. 22. The words “the purpose of the proposed acquisition is to \r\nobtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directl y \r\nconnected therewith, or that” were earlier inserted by the by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), \r\npublished in the Gazette of India, dated: 16 September 1933, p. 34, s. 4. \r\n2Substituted for the word “it” by the West Pakistan (Adaptation and R epeal of Laws) Act, 1957 (XVI of 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on \r\n14 October 1955. \r\n3The words “subject to such rules as the Governor General of India in Council may from time to time prescribe in this behalf” \r\nwere omitted by the Devolution Act, 1920 (XXXVIII of 1920), published in the Government Gazette, Punjab and its \r\nDependencies, dated: 24 September 1920, pp. 127-153, s. 2 read with the First Schedule. \r\n4Substituted for the words “with the Secretary of State for India in Council” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Ibid., for the words “payment to Government”, Article 3 read with the First Schedule. \r\n7Substituted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), published in the Gazette of India, dated: 16 \r\nSeptember 1933, p. 34, s. 4. \r\n8Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237 -2247, s. 22. It was earlier substituted by the Land \r\nAcquisition (Amendment) Act, 1933 (XVI of 1933), published in the Gazette of India, dated: 16 September 1933, p. 34, s. 4. \r\n9The words “in the Gazette of India and also” were omitted by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n10Substituted ibid., for the words “local official Gazette”, Article 4 read with the Table of General Adaptations. \r\n11Substituted for the expressio n “and shall thereupon (so far as regards the terms on which the public shall be entitled to use \r\nthe work) have the same effect as if it had formed part of this Act” by the Land Acquisition (West Pakistan Amendment) \r\nOrdinance, 1969 (XLIX of 1969), publishe d in the Gazette of West Pakistan (Extraordinary), dated: 17 December 1969, pp. \r\n2237-2247, s. 23. \r\n12X of 1870. \r\nnever to have applied, to the acquisition of land for any Railway or o ther Company, for the \r\npurposes of which, \r\n1\r\n[under any agreement with such company, the Secretary of State for \r\nIndia in Council, the Secretary of State, \r\n2\r\n[the \r\n3\r\n[Federal] Government or any Provincial \r\nGovernment] is or was bound to provide land]. \r\n4\r\n[43-A. Restrictions on transfer, etc .– No Company for which any land is acquired under \r\nthis Part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift, \r\nlease or otherwise, except with the previous sanction of the Provincial Government.] \r\n44. How agreement between Railway Company and Secretary of State may be \r\nproved.– In the case of the acquisition of land for the purpose s of a Railway Company, the \r\nexistence of such an agreement as is mentioned in section 43 may be proved by the \r\nproduction of a printed copy thereof purporting to be printed by order of Government. \r\nPART VIII \r\nMiscellaneous \r\n45. Service of notices.– (1) Service of any notice under this Act shall be made by delivering \r\nor tendering a copy thereof signed, in the case of a notice under section 4, by the officer therein \r\nmentioned, and, in the case of any other notice, by or by order of the Collector or the Judge. \r\n (2) Whenever it may be practicable, the service of the notice shall be made on \r\nthe person therein named. \r\n (3) When such person cannot be found, the service may be made on any adult \r\nmale member of his family residing with him; and, if no such adult male member can be \r\nfound, the notice may be served by fixing the copy on the outer door of the house in which \r\nthe person therein named ordinarily dwells or carries on business, or by fixing a copy thereof \r\nin some conspicuous place in the office of the officer aforesa id or of the Collector or in the \r\ncourt-house, and also in some conspicuous part of the land to be acquired: \r\n Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, \r\nin a letter addressed to the person named therein at his la st known residence, address or \r\nplace of business and registered under Part III of the Indian Post Office Act, 1866\r\n5\r\n, and \r\nservice of it may be proved by the production of the addressee’s receipt. \r\n46. Penalty for obstructing acquisition of land .– Whoever wil fully obstructs any \r\nperson in doing any of the acts authori zed by section 4 or section 8, or wilfully fills up, \r\ndestroys, damages or displaces any trench or mark made under section 4, shall, on \r\nconviction before a Magistrate, be liable to imprisonment for any term not exceeding one \r\nmonth, or to fine not exceeding fifty rupees, or to both. \r\n \r\n1Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. However, the original expression “under \r\nany agreement between such Company and the Secretary of State for India in Council, the Government is, or was, bound to \r\nprovide land” was omitted by the Governm ent of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the words “or any Government in British India” by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n3Substituted for the word “Central” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), published in the Punjab \r\nGazette (Extraordinary), dated: 20 November 1974, pp. 1425-A to 1425-PP, Article 2 read with the Schedule: it came into force \r\non 14 August 1973. \r\n4Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 24. \r\n5XIV of 1866. The said Act was replaced by the Indian Post Office Act, 1898 (VI of 1898). See now the Post Office Act, 1898 (VI \r\nof 1898). \r\n47. Magistrate to enforce surrender .– If the Collector is opposed or impeded in taking \r\npossession under this Act of any land, he shall, if a Magistrate, enforce the surre nder of \r\nthe land to himself, and, if not a Magistrate, he shall apply to a Magistrate \r\n1\r\n[* * * * * * * * * * * * \r\n* * * * * ], and such Magistrate \r\n2\r\n[* * * * * * * * *] shall enforce the surrender of the land to the \r\nCollector. \r\n48. Completion of acquisition not compulsory, but compensation to be awarded \r\nwhen not completed .– (1) Except in the case provided for in section 36, the \r\n3\r\n[Commissioner] shall be at liberty to withdraw from the acquisition of any land of which \r\npossession has not been taken. \r\n (2) Whenever the \r\n4\r\n[Commissioner] withdraws from any such acquisition, the \r\nCollector shall determine the amount of compensation due for the damage suffered by the \r\nowner in consequence of the notice or of any proceedings thereunder, and shall pay such \r\namount to the person interested, together with all costs reasonably incurred by him in the \r\nprosecution of the proceedings under this Act relating to the said land. \r\n (3) The provisions of Part III of this Act shall apply, so far as may be, to the \r\ndetermination of the compensation payable under this section. \r\n49. Acquisition of part of house or building.– (1) The provisions of this Act shall not be \r\nput in force for the purpose of acquiring a part only of any house, manufactory or other \r\nbuilding, if the owner desire that the whole of such house, manufactory or building shall be so \r\nacquired: \r\n Provided that the owner may, at any time before the Collector has made his award \r\nunder section 11, by notice in writing, withdraw or modify his expressed desire that the whole \r\nof such house, manufactory or building shall be so acquired: \r\n Provided also that, if any question shall arise as to whether any land proposed to be \r\ntaken under this Act does or does not form part of a house, manufactory or building within the \r\nmeaning of this section, the Collector shall refer the determination of such question to the Court \r\nand shall not take possession of such land until after the question has been determined. \r\n In deciding on such a reference the Court shall have regard to the question wh ether \r\nthe land proposed to be taken is reasonably required for the full and unimpaired use of the \r\nhouse, manufactory or building. \r\n (2) If, in the case of any claim under section 23, sub -section (1), thirdly, by a \r\nperson interested, on account of the severing of the land to be acquired from his other land, \r\nthe \r\n5\r\n[Commissioner] is of opinion that the claim is unreasonable or excessive, \r\n1\r\n[he] may, at \r\n \r\n1The expression “or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police” was omitted by the \r\nAdaption of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazett e of Pakistan, dated: 29 \r\nApril 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2The expression “as Commissioner (as the case may be)” was omitted ibid. \r\n3Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendmen t) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2 001. The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp . 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955 read with the West Pakistan \r\n(Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (XXXI of 1961), published in the Gazette of West Pakistan \r\n(Extraordinary), dated: 14 December 1961, pp. 2971-2977, s. 2. \r\n4Ibid. \r\n5Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nany time before the Collector has made his award, order the acquisition of the whole of the \r\nland of which the land first sought to be acquired forms a part. \r\n (3) In the case last herein before provided for, no fresh declaration or other \r\nproceedings under sections 6 to 10, both inclusive, shall be necessary; but the Collector \r\nshall without delay furnish a copy of the order of the \r\n2\r\n[Commissioner] to the person \r\ninterested, and shall thereafter proceed to make his award under section 11. \r\n50. Acquisition of land at cost of a local authority or Company .– (1) Where the \r\nprovisions of this Act are put in force for the purpose of acquiring land at the cost of any fund \r\ncontrolled or managed by a local authority or of any Company, the charges of and incidental \r\nto such acquisition shall be defrayed from or by such fund or Company. \r\n3\r\n[(1-A) Any charges to be defrayed from the funds of a local authority or a Company \r\nunder sub-section (1), may be recovered, in addition to any other mode of recovery provided \r\nin any other law, as arrears of land-revenue.] \r\n(2) In any proceeding held before a Collector or Court in such cases the local authority \r\nor Company concerned may appear and adduce evidence for the purpose of determining the \r\namount of compensation: \r\nProvided that no such local authority or Company shall be entitled to demand a \r\nreference under section 18. \r\n51. Exemption from stamp-duty and fees .– No award or agreement made under this \r\nAct shall be chargeable with stamp -duty, and no person claiming under any such award or \r\nagreement shall be liable to pay any fee for a copy of the same. \r\n52. Notice in case of suits for anything done in pursuance of Act .– No suit or other \r\nproceeding shall be commenced or prosecuted against any person for anything done in \r\npursuance of this Act, without giving to such person a month's previous notice in writing of \r\nthe intended proceeding, and of the cause thereof, nor after tender of sufficient amends. \r\n \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 195 7 (XVI of 1957), published in the Gazette of West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n1Substituted for the word “it” by the West Pakistan (Adaptati on and Repeal of Laws) Act, 1957 (XVI of 1957), published in the \r\nGazette of West Pakistan (Extraordinary), dated: 2 July 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on \r\n14 October 1955. \r\n2Substituted for the expression “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011), \r\npublished in the Punjab Gazette (Extraordinary), dated: 14 April 2011, pp. 4043 -4047, s. 4: it came into force on 20 April 2011, \r\nvide notification published in the Punjab Gazette (Extraordinary), dated: 16 April 2011, p. 4081. It was earlier substituted for the \r\nword “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab \r\nGazette (Extraordinary), dated: 25 October 2001, pp. 1753 -1754, s. 2: it came into force on 14 August 2001 . The said \r\nOrdinance was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the \r\nConstitution (Eighteenth Amendment) Act, 2010 (X of 2010), published in the Gazette of Pakistan (Extraordinary), dated: 20 \r\nApril 2010, pp. 267 -316, s. 96 . It was earlier substituted for the words “Provincial Government” by the West Pakistan \r\n(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette o f West Pakistan (Extraordinary), dated: 2 \r\nJuly 1957, pp. 709-789, s. 3 read with the Schedule III: it came into force on 14 October 1955. They were earlier substituted for \r\nthe words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated: 17 December 1969, pp. 2237-2247, s. 25. \r\n53. Code of Civil Procedure to apply to proceedings before Court.– Save in so far as \r\nthey may be inconsistent with anything contained in this Act, the provisions of the \r\n1\r\nCode of \r\nCivil Procedure shall apply to all proceedings before the Court under this Act. \r\n \r\n2\r\n[54. Appeals in proceedings before Court .– Subject to the provisions of the Code of \r\nCivil Procedure, 1908\r\n3\r\n, applicable to appeals from original decrees, and notwithstanding \r\nanything to the contrary in any enactment for the time being in force, an appeal shall only lie \r\nin any proceedings under this Act to the High Court from the award, or from any part of the \r\naward, of the Court and from any decree of the High Court passed on such appeal as \r\naforesaid an appeal shall lie to \r\n4\r\n[the Supreme Court] subject to the provisions contained in \r\nsection 110 of the Code of Civil Procedure, 1908\r\n5\r\n, and in Order XLV thereof. ] \r\n55. Power to make rules.– (1) The \r\n6\r\n[Provincial Government] shall \r\n7\r\n[* * * * * * * * * *] have \r\npower to make rules consistent with this Act for the guidance of officers in all matters \r\nconnected with its enforcement, and may from time to time alter and add to the rules so \r\nmade. \r\n8\r\n[* * * * * * * * * * * * * * * * * * *] \r\n (2) The power to make, alter and add to rules under sub -section (1) shall be \r\nsubject to the condition of the rules being made, altered or added to after previous \r\npublication. \r\n (3) All such rules, alterations and additions shall, \r\n9\r\n[* * * * * * * *], be published in the \r\nofficial Gazette, and shall thereupon have the force of law. \r\n \r\n1XIV of 1882. Now see the Code of Civil Procedure, 1908 (V of 1908). \r\n2Substituted by the Land Acquisition (Amendment) Act, 1921 (XIX of 1921), published in the Punjab Gazette, dated: 21 October \r\n1921, p. 104, s. 3. \r\n3V of 1908. \r\n4Substituted for the words “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n5V of 1908. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7The words “subject to the control of the Governor General in Council” were omitted by the Devolution Act, 1920 (XXXVIII of \r\n1920), published in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 read \r\nwith the First Schedule. They were earlier inserted by the Decentralization Act, 1914 (IV of 1914), published in the Gazette of \r\nIndia, dated: 28 February 1914, pp. 21-32, s. 2 read with the Schedule. \r\n8Proviso was omitted by the Government of India (Adaptation of Indian Laws) Order, 19 37, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First Schedule. It was added by the Devolution Act, \r\n1920 (XXXVIII of 1920), published in the Government Gazette, Punjab and its Dependencies, da ted: 24 September 1920, pp. \r\n127-153, s. 2 read with the First Schedule. \r\n9The words “when sanctioned by the Governor General in Council” were omitted by the Decentralization Act, 1914 (IV of 1914), \r\npublished in the Gazette of India, dated: 28 February 1914, pp. 21-32, s. 2 read with the Schedule.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-f578825b2fc7f9a6:sha256:6e6c3f2ec29a57b02fcf0f052fd7b3574161032e3e96a2bf5839da6ec163e718:chars-0-1764:ebd7d27f91f639813723fc9b73919060146a7c6af116d46f3a366d46dbe66ab1", "character_start": 0, "character_end": 1764, "utf8_byte_start": 0, "utf8_byte_end": 1764, "passage_sha256": "ebd7d27f91f639813723fc9b73919060146a7c6af116d46f3a366d46dbe66ab1", "reader_fragment": "p-0-1764-ebd7d27f91f63981" }, { "passage_id": 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