THE LAND ACQUISITION ACT, 1894
(Act I of 1894)
C O N T E N T S
Section Heading
Part I
Preliminary
1. Short title, extent and commencement.
2. [Repealed]
3. Definitions
Part
II
Acquisition
Preliminary Investigation
4. Publication of preliminary notification
and powers of officers thereupon.
5. Notification that particular land is
needed for a public purpose or for a Company.
Objections
5-A. Hearing
of objections.
Declaration of intended acquisition
6. Declaration that land is required for
a public purpose.
7. After
declaration Collector to take order for acquisition.
8. Land
to be marked out, measured and planned.
9. Notice
to persons interested.
10. Power
to require and enforce the making of statements as to names and interests.
Enquiry into measurements, value
and claims, and award by the Collector
11. Enquiry
and award by Collector.
12. Award
of Collector when to be final.
12-A. Correction
of mistake.
13. Adjournment
of enquiry.
14. Power
to summon and enforce attendance of witnesses and production of documents.
15. Matters
to be considered and neglected.
Taking possession
16. Power
to take possession.
17. Special
power in cases of urgency.
Part
III
Reference to Court and Procedure
thereon
18. Reference
to Court.
19. Collector’s
statement to the Court.
20. Service
of notice.
21. Restriction
on scope of proceedings.
22. Proceedings
in open Court.
22-A. Cross
objection.
23. Matters
to be considered in determining compensation.
24. Matters
to be neglected in determining compensation.
25. Rules
as to amount of compensation.
26. Form
of awards.
27. Costs.
28. Collector
may be directed to pay interest on excess compensation.
Part IV
Apportionment of Compensation
29. Particulars
of apportionment to be specified.
30. Dispute
as to apportionment.
Part V
Payment
31. Payment
of compensation or deposit of the same in Court.
32. Investment
of money deposited in respect of lands belonging to persons incompetent to
alienate.
33. Investment
of money deposited in other cases.
34. Payment
of interest.
Part VI
Temporary Occupation of Land
35. Temporary
occupation of waste or arable land. Procedure when difference as to
compensation exists.
36. Power
to enter and take possession, and compensation on restoration.
37. Difference
as to condition of land.
Part VII
Acquisition of Land for Companies
38. Company
may be authorised to enter and survey.
38-A. Industrial
concern to be deemed Company for certain purposes.
39. Previous consent of Commissioner and
execution of agreement necessary.
40. Previous
enquiry.
41. Agreement
with Provincial Government.
42. Publication
of agreement.
43. Sections
39 to 42 not to apply where Government bound by agreement to provide land for
Companies.
43-A. Restrictions
on transfer, etc.
44. How
agreement with Railway Company may be proved.
Part VIII
Miscellaneous
45. Service
of Notices.
46. Penalty
for obstructing acquisition of land.
47. Magistrate
to enforce surrender.
48. Completion
of acquisition not compulsory, but compensation to be awarded when not
completed.
49. Acquisition
of part of house or building.
50. Acquisition
of land at cost of a local authority or Company.
51. Exemption
from stamp duty and fees.
52. Notice
in case of suits for anything done in pursuance of Act.
53. Code
of Civil Procedure to apply to proceedings before Court.
54. Appeals
in proceedings before Court.
55. Power
to make rules.
(Act I of 1894)
[2
February 1894]
An Act to amend the law for the acquisition of land
for public purposes and for Companies.
WHEREAS
it is expedient to amend the law for the acquisition of land needed for public
purposes and for Companies and for determining the amount of compensation to be
made on account of such acquisition;
It is
hereby enacted as follows:-
Part I
Preliminary
1. Short title,
extent and commencement.– (1) This
Act may be called the Land Acquisition Act, 1894;
(3) It
shall come into force on the first day of March 1894.
2. [Repeal]. Repealed partly by the Repealing
and Amending Act, 1914 (X of 1914), section 3 and Schedule II, and partly by
the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
3. Definitions.– In this Act, unless there is something repugnant in the
subject or context:-
(a) the
expression “land” includes benefits to arise out of land, and things attached
to the earth or permanently fastened to anything attached to the earth:
(b) the expression “person interested” include all persons claiming an
interest in compensation to be made on account of the acquisition of land under
this Act; and a person shall be deemed to be interested in land if he is
interested in an easement affecting the land;
[3][3][(c) the expression “Collector” means the
Collector of a District appointed under the Punjab Land Revenue Act, 1967 (XVII
of 1967) and includes any officer specially appointed by the Board of Revenue
or the Commissioner:]
[4][4][(cc) the expression “Commissioner” means a
Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967
(XVII of 1967) and includes an Additional Commissioner:]
[5][5][(d) the
expression “Court” means a principal Civil Court of original jurisdiction, and
includes the Court of any Additional District Judge and any Civil Judge whom
the Provincial Government may appoint, by name or by virtue of his office, to
perform concurrently with any such principal Civil Court, all or any of the
functions of the Court under this Act, within any specified area; provided that
in the case of a Civil Judge such functions shall be exercised only up to the
limits of his pecuniary jurisdiction]:
(e) the expression “Company” means a Company
registered under the [6][6][Companies Ordinance, 1984], or under the (English)
Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament [7][7][of the United Kingdom] or [8][8][by a Pakistan law], or by Royal Charter or Letters
Patent [9][9][and includes a society registered under the Societies
Registration Act, 1860, and a Registered Society within the meaning of the
Co-operative Societies Act, 1912[10][10]]:
(f) the
expression “public purpose” includes the provision of village-sites in
districts in which the [11][11][Provincial
Government] shall have declared by notification in the official Gazette that it
is customary for the Government to make such provision: and
(g) the
following persons shall be deemed persons “entitled to act” as and to the
extent hereinafter provided (that is to say)–
trustees
for other persons beneficially interested shall be deemed the persons entitled
to act with reference to any such case, and that to the same extent as the
persons beneficially interested could have acted if free from disability;
a
married woman, in cases to which the English law is applicable, shall be deemed
the person so entitled to act, and whether of full age or not, to the same
extent as if she were unmarried and of full age; and
the
guardians of minors and the committees or managers of lunatics or idiots shall
be deemed respectively the persons so entitled to act, to the same extent as
the minors, lunatics or idiots themselves, if free from disability, could have
acted:
Provided
that–
(i) no person shall be deemed “entitled to act”
whose interest in the subject-matter shall be shown to the satisfaction of the
Collector or Court to be adverse to the interest of the person interested for
whom he would otherwise be entitled to act;
(ii) in every such case the person interested may
appear by a next friend or, in default of his appearance by a next friend, the
Collector or Court, as the case may be, shall appoint a guardian for the case
to act on his behalf in the conduct thereof;
(iii) the provisions of Chapter XXXI of the [12][12]Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing
before a Collector or Court by a next friend, or by a guardian for the case, in
proceedings under this Act; and
(iv) no person “entitled to act” shall be competent to receive the
compensation-money payable to the person for whom he is entitled to act unless
he would have been competent to alienate the land and receive and give a good
discharge for the purchase-money on a voluntary sale.
Part II
Acquisition
Preliminary Investigation
4. Publication
of preliminary notification and powers of officers thereupon.– [13][13][(1) Whenever it appears to the Collector of the District
that land in any locality is needed or is likely to be needed for any public
purpose or for a Company, a notification to that effect shall be published in
the official Gazette, and the Collector shall cause public notice of the
substance of such notification to be given at convenient places in the said
locality].
(2) Thereupon
it shall be lawful for any officer, either generally or specially authorised by
[14][14][the Collector of the District] in this behalf, and for his
servants and workmen,–
to enter upon and survey and take
levels of any land in such locality;
to
dig or bore into the subsoil;
to
do all other acts necessary to ascertain whether the land is adapted for such
purpose;
to
set out the boundaries of the land proposed to be taken and the intended line
of the work (if any) proposed to be made thereon;
to
mark such levels, boundaries and lines by placing marks and cutting trenches;
and,
where
otherwise the survey cannot be completed and the levels taken and the
boundaries and lines marked, to cut down and clear away any part of any
standing crop, fence or jungle:
Provided that no person shall enter
into any building or upon any enclosed court or garden attached to a
dwelling-house (unless with the consent of the occupier thereof) without
previously giving such occupier at least seven days’ notice in writing of his
intention to do so.
[15][15][(3) The officer
so authorised shall at the time of such entry pay or tender payment for all
necessary damage to be done as aforesaid, and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the dispute
to the decision of the Collector or other chief revenue officer of the
District, and such decision shall be final].
[16][16][5. Notification
that particular land is needed for a public purpose or for a Company.– Where land is to be acquired for a
public purpose, the [17][17][Commissioner], and where land is to be acquired for a
Company, the Provincial Government, is satisfied, after considering the result
of the survey, if any, made under sub-section (2) of section 4, or if no survey
is necessary, at any time, that any particular land included in a locality
notified under sub-section (1) of section 4 is needed for a public purpose or a
Company, as the case may be, a notification to that effect shall be published
in the official Gazette, stating the district or other territorial division in
which the land is situate, the purpose for which it is needed, its approximate
area and situation, and where a plan has been made of the land, the place where
such plan may be inspected, and the Collector shall cause public notice to be
given of the substance of the notification at convenient places on or near the
land to be acquired].
5-A. Hearing of objections.– (1) Any person interested in any land
which has been notified under section 5 as being needed for a public purpose or
for a Company may, within thirty days after the issue of the notification,
object to the acquisition of the land or of any land in the locality, as the
case may be.
(2) Every
objection under sub-section (1) shall be made to the Collector in writing, and
the Collector shall give the objector an opportunity of being heard either in
person or by pleader and shall, after hearing all such objections and after
making such further inquiry, if any, as he thinks necessary, submit the case
for the decision of the [19][19][Commissioner] together with the record of the proceedings
held by him and a report containing his recommendations on the objections. The
decision of the [20][20][Commissioner] on the objections shall be final.
(3) Where
land is needed for a Company, the Collector shall, after making such enquiries
as he deems necessary, also make his recommendations to the [21][21][Commissioner] with regard to the area that in his opinion
is reasonable for the purpose.
(4) For
the purpose of this section, a person shall be deemed to be interested in land
who would be entitled to claim an interest in compensation if the land were
acquired under this Act.]
Declaration
of intended acquisition
6. Declaration
that land is required for a public purpose.– (1) Subject, to the provisions of Part VII of this Act, [22][22][when the [23][23][Commissioner]] is satisfied, after considering the
report, if any, made under section 5-A, sub-section (2)], that any particular
land is needed for a public purpose, or for a Company, a declaration shall be
made to that effect under the signature of [24][24][Commissioner] or of some officer duly authorised to
certify [25][25][such] order:
Provided
that no such declaration shall be made unless the compensation to be awarded
for such property is to be paid by a Company, or wholly or partly out of public
revenues or some fund controlled or managed by a local authority.
(2) The declaration shall be published in
the official Gazette, and shall state the district or other territorial
division in which the land is situate, the purpose for which it is needed, its
approximate area, and, where a plan shall have been made of the land, the place
where such plan may be inspected.
(3) The
said declaration shall be conclusive evidence that the land is needed for a
public purpose or for a Company, as the case may be; and, after making such
declaration, the [26][26][Commissioner] may acquire the land in manner hereinafter
appearing.
[27][27][(4) When the
area in respect of which the said declaration is made is less than the area
previously notified under sub-section (1) of section 4, such previous
notification, so far as it relates to the excess area, shall be deemed to have
been superseded by the said declaration].
7. After
declaration Collector to take order for acquisition.– Whenever any land shall have been so
declared to be needed for a public purpose or for a Company, the [28][28][Commissioner], or some officer authorised by the [29][29][Commissioner] in this behalf, shall direct the Collector
to take order for the acquisition of the land.
8. Land to be
marked out, measured and planned.–
The Collector shall thereupon cause the land (unless it has been already marked
out under section 4) to be marked out. He shall also cause it to be measured,
and if no plan has been made thereof, a plan to be made of the same.
9. Notice
to persons interested.– (1) The Collector shall then cause public notice to be given at
convenient places on or near the land to be taken, stating that the Government
intends to take possession of the land, and that claims to compensation for all
interests in such land may be made to him.
(2) Such
notice shall state the particulars of the land so needed, and shall require all
persons interested in the land to appear personally or by agent before the
Collector at a time and place therein mentioned (such time not being earlier
than fifteen days after the date of publication of the notice), and to state
the nature of their respective interests in the land and the amount and
particulars of their claims to compensation for such interests and their
objections (if any) to the measurements made under section 8. The Collector may
in any case require such statement to be made in writing and signed by the
party or his agent.
(3) The
Collector shall also serve notice to the same effect on the occupier (if any)
of such land and on all such persons known or believed to be interested
therein, or to be entitled to act for persons so interested, as reside or have
agents authorised to receive service on their behalf, within the revenue
district in which the land is situate.
(4) In
case any person so interested resides elsewhere, and has no such agent , the
notice shall be sent to him by post in a letter addressed to him at his last
known residence, address or place of business and registered under Part III of
the [30][30]Indian Post Office Act, 1866.
[31][31][(5) The
Collector shall also serve notice of the enquiry to be held under section 11
(such notice not being less than fifteen days prior to the date fixed under
sub-section (2) for determination of claims and objections) on the Department
of Government, local authority or Company, as the case may be, for which land
is being acquired, and require it to depute a duly authorised representative to
attend the enquiry on its behalf for the purpose of making objections (if any)
to the measurement of the land, claims to any interest in the land or the
amount of any compensation. Such authorised representative shall be a party to
the proceedings].
10. Power to
require and enforce the making of statements as to names and interests.– (1) The Collector may also require any such person to make
or deliver to him, at a time and place mentioned (such time not being earlier
than fifteen days after the date of the requisition), a statement containing,
so far as may be practicable, the name of every other person possessing any
interest in the land or any part thereof as co-proprietor, sub-proprietor,
mortgagee, tenant or otherwise, and of the nature of such interest, and of the
rents and profits (if any) received or receivable on account thereof for three
years next preceding the date of the statement.
(2) Every
person required to make or deliver a statement under this section or section 9
shall be deemed to be legally bound to do so within the meaning of sections 175
and 176 of the Pakistan Penal Code.[32][32]
Enquiry into measurements, value and claims and award by the
Collector.
11. Enquiry and
award by Collector.– On the day so fixed, or on any
other day to which the enquiry has been adjourned, the Collector shall proceed
to enquire into the objections (if any) which any person interested [33][33][and a Department of Government, a local authority, or a
Company, as the case may be], has stated pursuant to a notice given under
section 9 to the measurements made under section 8, and into the value of the
land [34][34][at the date of the publication of the notification under
section 4, sub-section (1)], and into the respective interests of the persons
claiming the compensation and shall make an award under his hand of–
(i) the
true area of the land;
(ii) the
compensation which in his opinion should be allowed for the land; and
(iii) the
apportionment of the said compensation among all the persons known or believed
to be interested in the land, of whom, or of whose claims, he has information,
whether or not they have respectively appeared before him.
12. Award of
Collector when to be final.–
(1) Such award shall be filed in the Collector’s office and shall, except as
hereinafter provided, be final and conclusive evidence, as between the
Collector and the persons interested, whether they have respectively appeared
before the Collector or not, of the true area and value of the land, and the
apportionment of the compensation among the persons interested.
(2) The
Collector shall give immediate notice of his award to such of the persons
interested as are not present personally or by their representatives when the
award is made.
[35][35][12-A. Correction of mistake.– Any clerical or arithmetical mistake in the award arising
therein from any accidental slip or omission may, at any time, be corrected by
the Collector either of his own motion or on the application of any of the
parties].
13. Adjournment
of enquiry.– The collector may, for any cause he
thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him.
14. Power
to summon and enforce attendance of witnesses and production of documents.– For the purpose of enquiries under
this Act the Collector shall have power to summon and enforce the attendance of
witnesses, including the parties interested or any of them, and to compel the
production of documents by the same means, and (so far as may be) in the same
manner, as is provided in the case of a Civil Court under the [36][36]Code of Civil Procedure.
15. Matters to be
considered and neglected.– In
determining the amount of compensation the Collector shall be guided by the
provisions contained in sections 23 and 24.
Taking
possession
16. Power to take
possession.– When the Collector has made an
award under section 11, he may, [37][37][subject to the provision of section 31], take possession of
the land, which shall thereupon [38][38][vest absolutely in the [39][39][Government]] free from all encumbrances.
[40][40][17. Special
power in cases of urgency.– (1) In cases of urgency, whenever the [41][41][Commissioner] so directs, the Collector, though no such
award has been made, may, on the expiration of fifteen days from publication of
the notice mentioned in sub-section (1) of section 9, take possession of any
land needed for public purposes or for a Company. Such land shall thereupon
vest absolutely in the Government, free from all encumbrances:
Provided that the [42][42][Commissioner] shall not issue any direction to the
Collector under this sub-section unless the Department of Government, the local
authority, or Company, as the case may be, for which the land is being
acquired, has first deposited the estimated cost of acquisition of such land as
determined by the Collector of the district, keeping in view the provisions of
sections 23 and 24.
(2) Whenever, owing to any sudden change in
the channel of any navigable river or other unforeseen emergency, it becomes
necessary for any Railway Administration to acquire the immediate possession of
any land for the maintenance of their traffic or for the purpose of making
thereon a river-side or ghat station,
or of providing convenient connection with or access to any such station, or
whenever owing to a similar emergency it becomes necessary for the [43][43][Commissioner] to acquire the immediate possession of any
land for the purposes of maintaining traffic over a public road, the Collector
may, immediately after the publication of the notice mentioned in sub-section
(1) and with the previous sanction of the [44][44][Commissioner], enter upon and take possession of such
land, which shall thereupon vest absolutely in the Government free from all
encumbrances:
Provided
that the Collector shall not take possession of any building or part of a
building under this sub-section without giving to the occupier thereof at least
forty-eight hours’ notice of his intention so to do, or such longer notice as
may be reasonably sufficient to enable such occupier to remove his movable
property from such building without unnecessary inconvenience.
(3) In
every case under either of the preceding sub-sections the Collector shall at
the time of taking possession offer to the persons interested compensation for
the standing crops and trees (if any) on such land and for any other damage
sustained by them caused by such sudden dispossession and not excepted in
section 24; and, in case such offer is not accepted, the value of such crops
and trees and the amount of such other damage shall be allowed for in awarding
compensation for the land under the provisions herein contained.
(4) In
cases where in the opinion of the [45][45][Commissioner], the provisions of sub-section (1) or
sub-section (2) are applicable, the [46][46][Commissioner] may direct that the provisions of sections 5
and 5-A shall not apply, and, if he does so direct, a declaration may be made
under section 6 in respect of the land at any time after the publication of the
notification under sub-section (1) of section 4].
Part III
Reference
to Court and Procedure thereon
18. Reference to
Court.– (1) Any person interested who has
not accepted the award may, by written application to the Collector, require
that the matter be referred by the Collector for the determination of the
Court, whether his objection be to the measurement of the land, the amount of
the compensation, the person to whom it is payable, or the apportionment of the
compensation among the persons interested.
(2) The
application shall state the grounds on which objection to the award is taken:
Provided that every such application
shall be made,–
(a) if the person making it was present or
represented before the Collector at the time when he made his award, within six
weeks from the date of the Collector’s award;
(b) in other cases, within six weeks of the
receipt of the notice from the collector under section 12, sub-section (2) or
within six months from the date of the Collector’s award, whichever period
shall first expire.
[47][47][(3) Notwithstanding
anything to the contrary contained in section 21, the Provincial Government
may, if it has not accepted the award, refer the matter to the Court within a
period of six months from the date of announcement of the award; provided that
the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry into and
determination of the objection against the award].
19. Collector’s
statement to the Court.– (1) In
making the reference, the Collector shall state for the information of the
Court, in writing under his hand,–
(a) the situation and extent of the land, with
particulars of any trees, building or standing crops thereon;
(b) the names of the persons whom he has reason to
think interested in such land;
(c) the amount awarded for damages and paid or
tendered under sections 5 and 17, or either of them and the amount of
compensation awarded under section 11; and
(d) if the objection be to the amount of the
compensation, ground on which the amount of compensation was determined.
(2) To
the said statement shall be attached a schedule giving the particulars of the
notices served upon, and of the statements in writing made or delivered by the
parties interested respectively.
20. Service of
notice.– The Court shall thereupon cause a
notice specifying the day on which the Court will proceed to determine the
objection, and directing their appearance before the court on that day, to be
served on the following persons, namely:-
(a) the applicant;
(b) all persons interested in the objection,
except such (if any) of them as have consented without protest to receive
payment of the compensation awarded; and
(c) if the objection is in regard to the area of
the land or to the amount of the compensation, the Collector, [48][48][and the Department of Government, local authority or
Company, as the case may be, for which land is being acquired].
21. Restriction
on scope of proceedings.– The scope
of the inquiry in every such proceeding shall be restricted to a consideration
of the interests of the persons affected by the objection.
22. Proceedings
in open Court.– Every such proceeding shall take
place in open Court, and all persons entitled to practise in any Civil Court in
the province shall be entitled to appear, plead and act (as the case may be) in
such proceeding.
[49][49][22-A. Cross
objection.– The Provincial
Government, or a local authority or a Company for which land is being acquired,
may lodge a cross objection to the objection made by any person interested and
the Court may reduce the amount awarded by the Collector if it considers it
just and proper].
23. Matters to be
considered in determining compensation.–
(1) In determining the amount of compensation to be awarded for land acquired
under this Act, the Court shall take into consideration–
first, the
market-value of the land at the date of the publication of the [50][50][notification under section 4, sub-section (1)].
[51][51][Explanation–
For the purpose of determining the market-value, the Court shall take into
account transfer of land similarly situated and in similar use. The
potential-value of the land to be acquired if put to a different use shall only
be taken into consideration if it is proved that land similarly situated and
previously in similar use has, before the date of the notification under
sub-section (1) of section 4, been transferred with a view to being put to the
use relied upon as affecting the potential value of the land to be acquired:
Provided
that–
(i) if
the market-value has been increased in consequence of the land being put to a
use which is unlawful or contrary to public policy that use shall be
disregarded and the market-value shall be deemed to be the market-value of the
land if it were put to ordinary use; and
(ii) if the market-value of any building has been increased in
consequence of the building being so overcrowded as to be dangerous to the
health of the inmates, such overcrowding shall be disregarded and the
market-value shall be deemed to be the market-value of the building if occupied
by such number of persons only as can be accommodated in it without risk of
danger to health from overcrowding].
secondly, the damage sustained by the person interested, by reason of
the taking of any standing crops or trees which may be on the land at the time
of the Collector’s taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at
the time of the Collector’s taking possession of the land, by reason of
severing such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at
the time of the Collector’s taking possession of the land, by reason of the
acquisition injuriously affecting his other property, movable or immovable, in
any other manner, or his earnings;
fifthly, if, in consequence of the acquisition
of the land by the Collector, the person interested is compelled to change his
residence or place of business, the reasonable expenses (if any) incidental to
such change; and
sixthly, the damage (if any) bona fide resulting from diminution of
the profits of the land between the time of the publication of the declaration
under section 6 and the time of the Collector’s taking possession of the land.
[52][52][(2) In
addition to the market-value of the land as above provided, the Court shall
award a sum of fifteen per centum on such market-value, in consideration of the
compulsory nature of the acquisition, if the acquisition has been made for a
public purpose and a sum of twenty-five per centum on such market-value if the
acquisition has been made for a Company].
24. Matters to be
neglected in determining compensation.–
But the Court shall not take into consideration–
first, the
degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the
land acquired;
thirdly, any damage sustained by him which, if caused by a private
person, would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired,
after the date of the publication of the declaration under section 6, by or in
consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to
accrue from the use to which it will be put when acquired;
sixthly, any increase to the value of the other
land of the person interested likely to accrue from the use to which the land
acquired will be put ; or
seventhly, any outlay or improvements on, or disposal of, the land
acquired, commenced, made or effected without the sanction of the Collector
after the date of the publication of the [53][53][notification under section 4, sub-section (1)].
25. Rules
as to amount of compensation.– (1) When the applicant has made a claim to compensation,
pursuant to any notice given under section 9, the amount awarded to him by the
Court shall not exceed the amount so claimed [54][54][* * *].
(2) When
the applicant has refused to make such claim or has omitted without sufficient
reason (to be allowed by the Judge) to make such claim, the amount awarded by
the Court shall in no case exceed the amount awarded by the Collector.
(3) When the applicant has omitted for a
sufficient reason (to be allowed by the Judge) to make such claim, the amount
awarded to him by the Court shall not be less than, and may exceed, the amount
awarded by the Collector.
26. Form of
awards.– [55][55][(1)] Every award under this part shall be in writing signed
by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23,
and also the amounts (if any) respectively awarded under each of the other
clauses of the same sub-section, together with the grounds of awarding each of
the said amounts.
[56][56][(2) Every such
award shall be deemed to be a decree and the statement of the grounds of every
such award a judgement within the meaning of section 2, clause (2), and section
2, clause (9), respectively, of the Code of Civil Procedure, 1908[57][57]].
27. Costs.– (1) Every such award shall also state the amount of costs
incurred in the Proceedings under this part, and by what persons and in what
proportions they are to be paid.
(2) When the award of the Collector is not
upheld, the costs shall ordinarily be paid by the Collector, unless the Court
shall be of opinion that the claim of the applicant was so extravagant or that
he was so negligent in putting his case before the Collector that some
deduction from his costs should be made or that he should pay a part of the
Collector’s costs.
28. Collector
may be directed to pay interest on excess compensation.– If the sum which, in the opinion of the Court, the
Collector ought to have awarded as compensation is in excess of the sum which
the Collector did award as compensation, the award of the Court may direct that
the Collector shall pay [58][58][compound interest on such excess at the rates of eight per
centum] per annum from the date on which he took possession of the land to the
date of payment of such excess into Court.
[59][59][Provided that in all cases where the Court has directed
that Collector shall pay interest on such excess at the rate of six per centum
from the date on which possession was taken and the payment of compensation or
a part thereof has not been made up to the commencement of the Land Acquisition
(West Pakistan Amendment) Act, 1969, the rate of compound interest on such
excess on balance shall be eight per centum].
Part IV
Apportionment
of Compensation
29. Particulars
of apportionment to be specified.–
Where there are several persons interested, if such persons agree in the
apportionment of the compensation, the particulars of such apportionment shall
be specified in the award, and as between such persons the award shall be
conclusive evidence of the correctness of the apportionment.
30. Dispute as to
apportionment.– When the amount of compensation has
been settled under section 11, if any dispute arises as to the apportionment of
the same or any part thereof, or as to the persons to whom the same or any part
thereof is payable, the Collector may refer such dispute to the decision of the
Court.
Part V
Payment
[60][60][31. Payment of compensation or deposit
of the same in Court.– (1) When
the Collector has made an award under section 11–
(a) if
the persons interested entitled to compensation under the award and the
Provincial Government accept the award and intimate their acceptance in writing
to the Collector before the expiry of the period prescribed in sub-section (2)
of section 18 for making an application to the Collector for referring the
award to the Court, or in sub-section (3) of the said section for referring the
award to the Court by the Provincial Government, whichever is later, or if the
period specified in sub-section (2) of the said section for making an
application to the Collector or in sub-section (3) for referring the award to
the Court has expired and no such application or reference has been made, the
Collector shall, before taking possession of the land, tender payment of the
full amount of compensation awarded by him to the persons entitled thereto
according to the award, and shall pay it to them unless prevented by some one
or more of the contingencies mentioned in sub-section (2);
(b) if the persons interested entitled to
compensation under the award or the Provincial Government object to the award
and an application has been made to the Collector under sub-section (2) of
section 18 for referring the award to the Court or the award has been referred
to the Court by the Provincial Government under sub-section (3) of that
section, the Collector shall, before taking possession of the land, tender
payment of the compensation awarded by him or the estimated cost of acquisition
of such land as determined by the Collector of the district under sub-section
(1) of section 17, whichever is less, to the persons entitled thereto under the
award and shall pay it to them unless prevented by some one or more of the
contingencies mentioned in sub-section (2):
Provided
that no payment under clause (b) shall be made until the person entitled to
compensation furnishes to the satisfaction of the Collector a security for
refund of the amount, if any, which may subsequently be found to be in excess
of the compensation awarded to him by the Court].
(2) If
they shall not consent to receive it, or if there be no person competent to
alienate the land, or if there be any dispute as to the title to receive the
compensation or as to the apportionment of it, the Collector shall deposit the
amount of the compensation in the Court to which a reference under section 18
would be submitted:
Provided that any person admitted to
be interested may receive such payment under protest as to the sufficiency of
the amount:
Provided
also that no person who has received the amount otherwise than under protest
shall be entitled to make any application under section 18:
Provided
also that nothing herein contained shall affect the liability of any person,
who may receive the whole or any part of any compensation awarded under this
Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding
anything in this section the Collector may, with the sanction of the [61][61][Commissioner] instead of awarding a money compensation in
respect of any land, make any arrangement with a person having a limited
interest in such land, either by the grant of other lands in exchange, the
remission of land-revenue on other lands held under the same title, or in such
other way as may be equitable having regard to the interests of the parties
concerned.
(4) Nothing
in the last foregoing sub-section shall be construed to interfere with, or
limit the power of the Collector to enter into any arrangement with any person
interested in the land and competent to contact in respect thereof.
32. Investment of
money deposited in respect of lands belonging to persons incompetent to
alienate.– (1) If any money shall be deposited
in Court under sub-section (2) of the last preceding section and it appears
that the land in respect whereof the same was awarded belonged to any person
who had no power to alienate the same, the Court shall–
(a) order
the money to be invested in the purchase of other lands to be held under the
like title and conditions of ownership as the land in respect of which such
money shall have been deposited was held, or
(b) if
such purchase cannot be effected forthwith, then in such Government or other
approved securities as the Court shall think fit;
and
shall direct the payment of the interest or other proceeds arising from such
investment to the person or persons who would for the time being have been
entitled to the possession of the said land, and such moneys shall remain so
deposited and invested until the same be applied–
(i) in
the purchase of such other lands as aforesaid; or
(ii) in
payment to any person or persons becoming absolutely entitled thereto.
(2) In
all cases of moneys deposited to which this section applies, the Court shall
order the costs of the following matters, including therein all reasonable
charges and expenses incidental thereto, to be paid by the Collector, namely:-
(a) the costs of such investments as aforesaid;
(b) the
costs of the orders for the payment of the interest or other proceeds of the
securities upon which such moneys are for the time being invested, and for the
payment out of Court of the principal of such moneys, and of all proceedings
relating thereto, except such as may be occasioned by litigation between
adverse claimants.
33. Investment
of money deposited in other cases.–
When any money shall have been deposited in Court under this Act for cause
other than that mentioned in the last preceding section, the Court may, on the
application of any party interested or claiming an interest in such money,
order the same to be invested in such Government or other approved securities
as it may think proper, and may direct the interest or other proceeds of any
such investment to be accumulated and paid in such manner as it may consider
will give the parties interested therein the same benefit therefrom as they
might have had from the land in respect whereof such money shall have been
deposited or as near thereto as may be.
34. Payment
of interest.– When the amount of such
compensation is not paid or deposited on or before taking possession of the
land, the Collector shall pay the amount awarded with [62][62][compound interest at the rate of eight per centum] per
annum from the time of so taking possession until it shall have been so paid or
deposited [63][63][:]
[64][64][Provided that any waiver of the above right by the land
owner shall be void and he shall be entitled to the said interest
notwithstanding any agreement to the contrary].
Part VI
Temporary
Occupation of Land
35. Temporary
occupation of waste or arable land. Procedure when difference as to
compensation exists.– (1) Subject to the provisions of
Part VII of this Act, whenever it appears to the [65][65][Commissioner] that the temporary occupation and use of any
waste or arable land are needed for any public purpose or for a Company, the [66][66][Commissioner] may direct the Collector to procure the
occupation and use of the same for such term as it shall think fit, not
exceeding three years from the commencement of such occupation.
[67][67][(2) The
Collector shall cause public notice of the substance of the direction to be
given at convenient places in the locality in which the land is situate, and
thereupon it shall be lawful for any officer, either generally or specially
authorised by the Collector in this behalf, and for the servants and workmen of
such officer, to enter upon and survey and take levels of any land in such
locality.]
[68][68][(3) On receipt
of plans detailing the land acquired, the Collector shall give notice in
writing to the persons interested in such land of the purpose for which the
same is needed and shall, for the occupation and use thereof for such term as
aforesaid, and for the material, if any, to be taken therefrom, pay to them
such compensation, either in a gross sum of money or by monthly or other periodical
payments as shall be agreed upon in writing between him and such persons
respectively.]
[69][69][(4)] In case the
Collector and the persons interested differ as to the sufficiency of the
compensation or apportionment thereof, the Collector shall refer such
difference to the decision of the Court.
36. Power to
enter and take possession, and compensation on restoration.– (1) On payment of such compensation, or on executing such
agreement or on making a reference under section 35, the Collector may enter
upon and take possession of the land, and use or permit the use thereof in
accordance with the terms of the said notice.
(2) On
the expiration of the term, the Collector shall make or tender to the persons
interested compensation for the damage (if any) done to the land and not
provided for by the agreement, and shall restore the land to the persons
interested therein:
Provided
that, if the land has become permanently unfit to be used for the purpose for
which it was used immediately before the commencement of such term, and if the
persons interested shall so require, the [70][70][Commissioner] shall
proceed under this Act to acquire the land as if it was needed permanently for
a public purpose or for a Company.
37. Difference as
to condition of land.– In case
the collector and persons interested differ as to the condition of the land at
the expiration of the term, or as to any matter connected with the said
agreement, the Collector shall refer such difference to the decision of the
Court.
Part VII
Acquisition of
Land for Companies
38. Company may
be authorised to enter and survey.–
[71][71][(1) The [72][72][Commissioner] may authorise any officer of any Company
desiring to acquire land for its purpose to exercise the powers conferred by
sub-section (2) of section 4].
(2) In
every such case section 4 shall be construed as if for the words “for such
purpose” the words “for the purposes of the Company” were substituted; and [73][73][sub-section (3) of section 4] shall be construed as if
after the words “the officer” the words “of the Company” were inserted.
[74][74][38-A. Industrial concern to be deemed Company
for certain purposes.– An industrial
concern, ordinarily employing not less than one hundred workmen owned by an
individual or by an association of individuals and not being a Company,
desiring to acquire land for the erection of dwelling houses for workmen
employed by the concern or for the provision of amenities directly connected
therewith shall, so far as concerns the acquisition of such land, be deemed to
be a Company for the purposes of this Part, and the references to Company in
sections 5A, 6, 7, 17 and 50 shall be interpreted as references also to such
concern].
39. Previous
consent of [75][75][Commissioner]
and execution of agreement necessary.–
The provisions of sections 6 to 37 (both inclusive) shall not be put in force
in order to acquire land for any Company, unless with the previous consent of
the [76][76][Commissioner] nor unless the Company shall have executed
the agreement hereinafter mentioned.
40. Previous
enquiry.– (1) Such
consent shall not be given unless the [77][77][Commissioner] be satisfied, [78][78][either on the report of the Collector under section 5-A,
sub-section (2), or] by an enquiry held as hereinafter provided–
[79][79][(a) that the
purpose of the acquisition is to obtain land for the erection of dwelling
houses for workmen employed by the Company or for the provision of amenities
directly connected therewith or
[80][80][(aa) that such
acquisition is needed for the construction of some building or work for a
Company which is engaged or is taking steps for engaging itself in any industry
or work which is for a public purpose], or
(b) that such acquisition is needed for the
construction of some work, and that such work is likely to prove useful to the
public], [or][81][81]
(2) Such
enquiry shall be held by such officer and at such time and place as the [83][83][Commissioner] shall appoint.
(3) Such
officer may summon and enforce the attendance of witnesses and compel the
production of documents by the same means and, as far as possible, in the same
manner as is provided by the [84][84]Code of Civil Procedure in the case of a Civil Court.
41. Agreement
with Provincial Government.–
[85][85][* * *] If the [86][86][Commissioner] is satisfied [87][87][after considering the report, if any, of the Collector
under section 5-A, sub-section (2), or on the report of the officer making an
inquiry under section 40] that [88][88][the object of the proposed in acquisition is to obtain land
for one of the purposes referred to clause (a) or clause (aa) or clause (b) of
sub-section (1) of section 40] [89][89][he] shall [90][90][* * *] require the Company to enter into an agreement [91][91][with the Provincial Government], providing to the
satisfaction of the [92][92][Provincial Government] for the following matters, namely:-
(2) the
transfer, on such payment, of the land to the Company;
(3) the
terms on which the land shall be held by the Company;
[95][95][(4) where the
acquisition is for the purpose of erecting dwelling houses or the provision of
amenities connected herewith, the time within which, the conditions on which
and the manner in which the dwelling houses or amenities shall be erected or provided;
and
(5) Where the acquisition is for a purpose falling under clause (b) of
sub-section (1) of section 40, the time within which and the conditions on
which the work shall be constructed and maintained].
42. Publication
of agreement.– Every such agreement shall, as soon
as may be after its execution, be published [96][96][* * *] in the [97][97][official Gazette] [98][98][and the acquisition shall be deemed to have been made
subject to the terms of such agreement].
43. Sections
39 to 42 not to apply where Government bound by agreement to provide land for
Companies.– The provisions
of sections 39 to 42, both inclusive, shall not apply and the corresponding
sections of the [99][99]Land Acquisition Act, 1870, shall be deemed never to have
applied, to the acquisition of land for any Railway or other Company, for the
purposes of which, [100][100][under any agreement with such Company, the Secretary of
State for India in Council, the Secretary of State, [101][101][the [102][102][Federal] government or any Provincial Government] is or
was bound to provide land].
[103][103][43-A. Restrictions on transfer, etc.– No Company for which any land is acquired under this part
shall be entitled to transfer the said land or any part thereof by sale,
mortgage, gift, lease or otherwise, except with the previous sanction of the
provincial Government].
44. How agreement
with Railway Company may be proved.–
In the case of the acquisition of land for the purpose of a Railway Company,
the existence of such an agreement as is mentioned in section 43 may be proved
by the production of a printed copy thereof purporting to be printed by order
of Government.
Part VIII
Miscellaneous
45. Service of
Notices.– (1) Service of any notice under
this Act shall be made by delivering or tendering a copy thereof signed, in the
case of a notice under section 4, by the officer therein mentioned, and, in the
case of any other notice, by or by order of the Collector or the Judge.
(2) Whenever
it may be practicable, the service of the notice shall be made on the person
therein named.
(3) When such person cannot be found, the
service may be made on any adult male member of his family residing with him;
and, if no such adult male member can be found, the notice may be served by
fixing the copy on the outer door of the house in which the person therein
named ordinarily dwells or carries on business, or by fixing a copy thereof in some
conspicuous place in the office of the officer aforesaid or of the Collector or
in the court-house, and also in some conspicuous part of the land to be
acquired:
Provided that, if the Collector or
Judge shall so direct, a notice may be sent by post, in a letter addressed to
the person named therein at his last known residence, address or place of
business and registered under Part III of the [104][104]Indian Post Office Act, 1866, and service of it may be
proved by the production of the addressee’s receipt.
46. Penalty for
obstructing acquisition of land.–
Whoever willfully obstructs any person in doing any of the acts authorised by
section 4 or section 8, or willfully fills up, destroys, damages or displaces
any trench or mark made under section 4, shall, on conviction before a
Magistrate, be liable to imprisonment for any term not exceeding one month, or
to fine not exceeding fifty rupees, or to both.
47. Magistrate
to enforce surrender.– If the Collector is opposed or impeded in taking possession under this
Act of any land, he shall, if a Magistrate, enforce the surrender of the land
to himself and, if not a Magistrate, he shall apply to a Magistrate [105][105][* * *] and such Magistrate [106][106][* * *] shall enforce the surrender of the land to the Collector.
48. Completion of
acquisition not compulsory, but compensation to be awarded when not completed.– (1) Except in the case provided for in section 36, the [107][107][Commissioner] shall be at liberty to withdraw from the
acquisition of any land of which possession has not been taken.
(2) Whenever
the [108][108][Commissioner] withdraws from any such acquisition, the
Collector shall determine the amount of compensation due for the damage
suffered by the owner in consequence of the notice or of any proceedings
thereunder, and shall pay such amount to the person interested, together with
all costs reasonably incurred by him in the prosecution of the Proceedings
under this Act relating to the said land.
(3) The
provisions of Part III of this Act shall apply, so far as may be, to the
determination of the compensation payable under this section.
49. Acquisition
of part of house or building.–
(1) The provisions of this Act shall not be put in force for the purpose of
acquiring a part only of any house, manufactory or other building, if the owner
desires that the whole of such house, manufactory or building shall be so
acquired:
Provided
that the owner may, at any time before the Collector has made his award under
section 11, by notice in writing withdraw or modify his expressed desire that
the whole of such house, manufactory or building shall be so acquired:
Provided also that, if any question
shall arise as to whether any land proposed to be taken under this Act does or
does not form part of a house, manufactory or building within the meaning of
this section, the Collector shall refer the determination of such question to
the Court and shall not take possession of such land until after the question
has been determined.
In deciding on such a reference, the
Court shall have regard to the question whether the land proposed to be taken
is reasonably required for the full and unimpaired use of the house,
manufactory or building.
(2) If, in the case of any claim under
section 23, sub-section (1), thirdly, by
a person interested, on account of the severing of the land to be acquired from
his other land, the [109][109][Commissioner] is of
opinion that the claim is unreasonable or excessive, [110][110][he] may, at any time before the Collector has made his
award, order the acquisition of the whole of the land of which the land first
sought to be acquired forms a part.
(3) In
the case last hereinbefore provided for, no fresh declaration or other
proceedings under sections 6 to 10, both inclusive, shall be necessary; but the
Collector shall without delay furnish a copy of the order of the [111][111][Commissioner] to the person interested, and shall
thereafter proceed to make his award under section 11.
50. Acquisition
of land at cost of a local authority or Company.– (1) Where the provisions of this Act are put in force for
the purpose of acquiring land at the cost of any fund controlled or managed by
a local authority or of any Company, the charges of and incidental to such
acquisition shall be defrayed from or by such fund or Company.
[112][112][(1-A) Any charges
to be defrayed from the funds of a local authority or a Company under
sub-section (1), may be recovered, in addition to any other mode of recovery
provided in any other law, as arrears of land revenue].
(2) In
any proceeding held before a Collector or Court in such cases the local
authority or Company concerned may appear and adduce evidence for the purpose
of determining the amount of compensation:
Provided that no such local
authority or Company shall be entitled to demand a reference under section 18.
51. Exemption
from stamp duty and fees.– No award
or agreement made under this Act shall be chargeable with stamp duty, and no
person claiming under any such award or agreement shall be liable to pay any
fee for a copy of the same.
52. Notice in
case of suits for anything done in pursuance of Act.– No suit or other proceeding shall be commenced or
prosecuted against any person for anything done in pursuance of this act,
without giving to such person a month’s previous notice in writing of the
intended proceeding, and of the cause thereof, nor after tender of sufficient
amends.
53. Code of Civil
Procedure to apply to proceedings before Court.– Save in so far as they may be inconsistent with anything
contained in this Act, the provisions of the [113][113]Code of Civil Procedure shall apply to all proceedings
before the Court under this Act.
[114][114][54. Appeals in proceedings before Court.– Subject to the provisions of the Code of Civil Procedure
1908, applicable to appeals from original decrees, and notwithstanding anything
to the contrary in any enactment for the time being in force, an appeal shall
only lie in any proceedings under this Act to the High court from the award, or
from any part of the award, of the Court and from any decree of the High Court
passed on such appeal as aforesaid, an appeal shall lie to [115][115][the Supreme Court] subject to the provisions contained in
section 110 of the Code of Civil Procedure, 1908, and in order XLV thereof].
55. power
to make rules.– (1) The [116][116][Provincial Government] shall [117][117][* * *] have power to make rules consistent with this Act
for the guidance of officers in all matters connected with its enforcement, and
may from time to time alter and add to the rules so made.
(2) The
power to make, alter and add to rules under sub-section (1) shall be subject to
the condition of the rules being made, altered or added to after previous
publication.
(3) All
such rules, alterations and additions shall [119][119][* * *] be published in the Official Gazette, and shall
thereupon have the force of law.
[1][1]For statement
of objects and reasons, see Gazette
of India, 1892, Pt. V, p. 32; for Report of the Select Committee, see ibid., 1894, Pt. V, p. 23 and for
Proceedings in Council, see ibid., 1892,
Pt. VI, section 25, and ibid., 1894,
pp. 19, 24 to 42.
This Act had been declared to be in force
in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913).
It had been applied to
Phulera in the Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.W.F.P., subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded
Area) Laws Regulation, 1950.
It had been extended to Excluded Area of
Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded
Area) Laws Regulation, 1950 and declared to be in force in that area with
effect from 1st June, 1951, see N.W.F.P.,
Gazette, Extraordinary, dated 1-6-51.
For local modifications see the Town Improvement Act, 1922
(Punjab Act IV of 1922), section 59 and schedule, and the Thal Development Act,
1949 (Punjab Act XV of 1949), section 35 and schedule, and the Karachi
Development Order, 1957 (P.O. 5 of 1957).
[2][2]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance XXI of 1960),
section 3 and 2nd schedule, with effect from the 14th October, 1955.
[6][6]Substituted
for the words “Indian Companies Act, 1882” by the Land Acquisition (Punjab
Amendment) Ordinance, 2001 (XXXIII of 2001). Under Article 5A of the
Provisional Constitution Order 1999 (I of 1999), as amended, read with Article
270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall
not be subject to any limitation as to duration prescribed in the Constitution.
[7][7]Inserted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961),
Article 2 and Schedule (w.e.f. 23rd March, 1956).
[8][8]The original words “of the G.G. in C”, were first substituted by the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and
then amended by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. 4 of 1949), Schedule, to read as above.
[11][11]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[13][13]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance,
1969 (XLIX of 1969), section 4 (a).
[14][14]Substituted ibid., section 4
(b) for “Commissioner or the Board of Revenue” which were previously
substituted, for “such Government”, by the West Pakistan (Adaptation and Repeal
of Laws) Act, 1957 (XVI of 1957).
[16][16]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969), section 5.
[17][17]Substituted for the words and brackets
“Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[18][18]Sub-heading
and Section 5-A were inserted by the Land Acquisition (Amendment) Act, 1923
(XXXVIII of 1923). Section 5-A was, however, substituted later by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section
6.
[19][19]Substituted for the words and brackets
“Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[22][22]Substituted
by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for
“whenever it appears to the Local Government”.
[23][23]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[24][24]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[25][25]Substituted
for the word “its” by the West Pakistan (Adaptation and Repeal of Laws) Act,
1957 (XVI of 1957).
[26][26]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[27][27]Added by the
Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969),
section 7.
[28][28]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[31][31]Added by the
Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969),
section 8.
[33][33]Inserted by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9.
[35][35]Inserted by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969),
section 10.
[37][37]Inserted by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969),
section 11.
[38][38]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “vest absolutely in the Government”.
[39][39]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of
1961), for “Crown”, w.e.f. 23rd March, 1956.
[40][40]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance,
1969 (XLIX of 1969), section 12.
[41][41]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[43][43]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[50][50]Substituted,
by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for
“declaration relating thereto under section 6”.
[52][52]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[53][53]Substituted
by the Land Acquisition (Amendment) Act, 1923 ( XXXVIII of 1923), section 8.,
for “declaration under section 6”.
[54][54]The words,
“or be less than the amount awarded by the Collector under section 11” omitted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969), section 17.
[55][55]Section 26
was re-numbered as sub-section (1) of that section by section 2 of the Land
Acquisition (Amendment) Act, 1921 (19 of 1921).
[58][58]Substituted
by the Land Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969),
section 2 (a), for “interest on excess at the rate of six per centum”.
[60][60]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[61][61]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[62][62]Substituted
by the Land Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969),
section 2 (d) for “interest thereon at the rate of six per centum”.
[65][65]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[67][67]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance,
1969 (XLIX of 1969), section 19 (a).
[70][70]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[71][71]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969).
[72][72]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[73][73]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969), for “Section 5”.
[88][88]Substituted by Land Acquisition (West Pakistan Amendment) Ordinance,
1969 (XLIX of 1969) section 22 (a) for “the purpose of the proposed acquisition
is to obtain land for the erection of dwelling houses for workmen employed by
the Company or for the provision of amenities directly connected therewith or
that the proposed acquisition is needed for the construction of a work, and
that such work is likely to prove useful to the public”.
[92][92]Substituted
by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
Schedule III, for “Provincial Government” which had been substituted, for
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[94][94]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[95][95]Substituted
by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), section 4, for the
original clauses (4) and (5), Clause (5) was, later, substituted by the Land
Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[96][96]The words “in
the Gazette of India and also” repealed by the Government of India (Adaptation
of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937.
[98][98]Substituted
by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of
1969), section 23, for “and shall thereupon (so far as regards the terms on
which the public shall be entitled to use the work) have the same effect as if
it had formed part of this Act”.
[100][100]Substituted by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, for “under any agreement between such company and
the Secretary of State for India in Council, the govt. is, or was, bound to
provide land”.
[101][101]Substituted
by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.4 of 1949),
Schedule, for “or any Government in British India”.
[103][103]Inserted by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[105][105]The words and
brackets, “or (within the towns of Calcutta, Madras and Bombay) to the
Commissioner of Police”, omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.4 of 1949).
[107][107]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[108][108]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[110][110]Substituted by the West Pakistan
(Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”.
[111][111]Substituted
for the words and brackets “Executive District Officer (Revenue)” by the Punjab
Laws (Amendment) Act 2011 (VI of 2011).
[112][112]Inserted by
the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[115][115]Substituted
by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “His Majesty
in Council”.
[116][116]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government”.
[117][117]The words
“subject to the control of the G.G. in C”, which had been inserted by the
Decentralization Act, 1914 (IV of 1914), were repealed by section 2 and
Schedule I of the Devolution Act, 1920 (XXXVIII of 1920).
[118][118]The proviso which had been added by
section 2 and Schedule I of the Devolution Act, 1920 (XXXVIII of 1920), was
repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 as
amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[119][119]The words
“when sanctioned by the G.G. in C” were repealed by the Decentralization Act,
1914 (IV of 1914), section 2 and Schedule, Part I.
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