Free Legal Aid & Lok Adalats

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement. -

(1) This Act may be called the Legal Services Authorities Act, 1987.

(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates1 may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.

1. Except Chapter III this Act came into force on 9th November 1995 vide S.O. 893 (E), dated 9th November 1995.

Chapter III came into force in the State of Sikkim on 9th November 1995 vide S.O. 919 (E), dated 9th November 1995.

Chapter III came into force in the State of Rajasthan on 20th November 1995 vide S.O. 942 (E), dated 20th November 1995.

Chapter III came into force in the State of Andhra Pradesh on 28thNovember, 1995 vide S.O. 941(E), dated 28th November 1996.

Chapter III came into force, on 14th February 1996 vide S.O. 136(E), dated 14th February 1996.
Chapter III came into force, on 6th February 1998 in the State of Maharashtra vide S.O.108 (E), dated 6th February 1998.


Chapter III came into force in the State of Punjab on 4th March 1996 vide S.O. 171(E), dated 4th March 1996.

Chapter III came into force in the State of Orissa on 15th May 1996 vide S.O. 348 (E), dated 15th May 1996.

Chapter III came into force in the State of West Bengal on 1stJuly, 1996 Vide 1st July 1996.

Chapter III came into force on the State of Uttar Pradesh on 5th July 1996 vide S.O. 584(E), dated 21st August 1996.

Chapter III came into force in the State of Madhya Pradesh on 2lst August, 1996vide S.O. 584(E), and dated 2lst August 1996.

Chapter III came into force in the Bihar on 24th September 1996 vide S.O. 658(E), dated 24th September 1996.

2. Definitions.

(1) (1) In this Act, unless the context otherwise requires,

2[(a) “Case” includes a suit or any proceeding before a court;

(aa) “Central Authority” means the National Legal Services Authority constituted under section 3;

(aaa) “Court” means a civil criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-Judicial functions;]

(b) “District Authority” means a District Legal Services Authority constituted under section 9;

3[(bb) High Court-Legal Services Committee” means a High Court Legal Services Committee constituted under section 8A;]

(c) “Legal service” includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter;

(d) “Lok Adalat” means a Lok Adalat organised under Chapter VI;

(e) “Notification” means a notification published in the Official Gazette;

(f) “Prescribed” means prescribed by rules made under this Act;

3[(ff) “Regulations” means regulations made under this Act;]

(g) “Scheme” means any scheme framed by the Central Authority, a State Authority or a District Authority for the purpose of giving effect to any of the provisions of this Act;

(h) “State Authority” means a State Legal Services Authority constituted under section 6;

(i) “State Government” includes the administrator of a Union Territory appointed by the President under Article 239 of the Constitution.

2(j) “Supreme Court Legal Services Committee” means the Supreme Court Legal Services Committee constituted under section 3A;

(k) “Taluk Legal Services Committee” means a Taluk Legal Services Committee constituted under section 11A.]

(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

2. Subs. by Act 59 of 1994, sec. 2, for clause (a).
3. Ins. by Act 59 of 1994, sec. 2.

CHAPTER II

THE NATIONAL LEGAL SERVICES AUTHORITY

4[3. Constitution of the National Legal Services Authority: –

(1) The Central Government shall constitute a body to be called the National Legal Services Authority to exercise the powers and perform the functions conferred on, or assigned to, the Central Authority under this Act.

(2) The Central Authority shall consist of-

(a) The Chief Justice of India who shall be the Patron-in-Chief,

(b) A serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and

(c) Such number of other members, possessing such experience and qualifications, as may prescribed by the Central Government, to be nominated by that Government in consultation with the Chief Justice of India.

(3) The Central Government shall, in consultation with the Chief Justice of India, appoint a person to be the Member-Secretary of the Central Authority, possessing such experience and qualifications as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.

(4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the Central Authority shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(5) The Central Authority may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions under this Act.

(6) The officers and other employees of the Central Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(7) The administrative expenses of the Central Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall be defrayed out of the Consolidated Fund of India.

(8) All orders and decisions of the Central Authority shall be authenticated by the Member-Secretary or any other officer of the Central Authority duly authorised by the Executive Chairman of that Authority.

(9) No act or proceeding of the Central Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Central Authority.

4. Subs. by Act 59 of 1994, sec. 3.

3A. Supreme Court Legal Services Committee. –

(1) The Central Authority shall constitute a committee to be called the Supreme Court Legal Services Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central Authority.

(2) The Committee shall consist of-

(a) A sitting Judge of the Supreme Court who shall be the Chairman; and

(b) Such number of other members possessing such experience and qualifications as may be prescribed by the Central Government, to be nominated by the Chief Justice of India.

(3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescribed by the Central Government.

(4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the Central Authority.

(5) The Committee may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions.

(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.

4. Functions of the Central Authority. -The Central Authority shall 5[***] perform all or any of the following functions, namely: -

(a) Lay down policies and principles for making legal services available under the provisions, of this Act;

(b) Frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act;

(c) Utilise the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities;

(d) Take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections, of the society and for this purpose, give training to social workers in legal skills;

(e) Organise legal aid camps, especially in rural areas, slums or labour colonies with the dual purpose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through Lok Adalats;

(f) Encourage the settlement of disputes by way of negotiations, arbitration and conciliation;

(g) Undertake and promote research in the field of legal services with special reference to the need for such services among the poor;

(h) To do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under Part IVA of the Constitution;

(i) Monitor and evaluate implementation of the legal aid programmes at periodic intervals and provide for independent evaluation of programmes and schemes implemented in whole or in part by funds provided under this Act;

6[(j) Provide grants-in-aid for specific schemes to various voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of legal services schemes under the provisions of this Act;]

(k) Develop, in consultation with the Bar Council of India, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions;

(l) Take appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights benefits and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures;

(m) Make special efforts to enlist the support of voluntary social welfare institutions, working at the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and rural and urban labour; and

(n) Coordinate and monitor the functioning of 7[State Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and voluntary social service institutions] and other legal services organisations and give general directions for the proper implementation of the legal services programmes.

5. The words, "subject to the general directions of the Central Government" omitted by Act 59 of 1994, sec. 4.
6. Subs. by Act 59 of 1994, sec. 4 (ii).
7. Subs. for the words” State and District Authorities and other voluntary social institutions,” by Act 59 of l994, sec. 4.

5. Central Authority to work in coordination with other agencies. -In the discharge of its functions under this Act, the Central Authority shall, wherever appropriate, act in coordination with other governmental and nongovernmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor.

CHAPTER-III

STATE LEGAL SERVICES AUTHORITY

8[6. Constitution of State Legal Services Authority: -

(1) Every State Government shall constitute a body to be called the Legal Services Authority for the State to exercise the powers and perform the functions conferred on, or assigned to, a State Authority under this Act.

(2) A State Authority shall consist of-

(a) The Chief Justice of the High Court who shall be the Patron-in-Chief;

(b) A serving or retired Judge of the High Court, to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and

(c) Such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

(3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service, not lower in rank than that of a District Judge, as the Member-Secretary of the State Authority, to exercise such powers and perform such duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority:

Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately before the date of constitution of the State Authority may be appointed as Member-Secretary of that Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not exceeding five years.

(4) The terms of office and other conditions relating thereto, of members and the Member-Secretary of the State Authority shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) The State Authority may appoint such number of officers and other employees as may be prescribed by the State Government, in consultation with the Chief Justice of the High Court, for the efficient discharge of its functions under this Act.

(6) The officers and other employees of the State Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(7) The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authority shall be defrayed out of the Consolidated Fund of the State.

(8) All orders and decisions of the State Authority shall be authenticated by the Member Secretary or any other officer of the State Authority duly authorised by the Executive Chairman of the State Authority.

(9) No act or proceeding of a State Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the State Authority.]

8. Subs. by Act 59 of 1994, sec. 5.

7. Functions of the State Authority. -

(1) It shall be the duty of the State Authority to give effect to the policy and directions of the Central Authority.

(2) Without prejudice to the generality of the functions referred to in sub-section (1), the State Authority shall perform all or any of the following functions, namely: -

(a) Give legal service to persons who satisfy the criteria laid down under this Act;

(b) Conduct 9[Lok Adalats including Lok Adalats for High Court cases];

(c) Undertake preventive and strategic legal aid programmes; and

(d) Perform such other functions as the State Authority may, in consultation with the 10 [Central Authority,] fix by regulations.

9. Subs. for the words “Lok Adalats” by Act 59 of 1994, sec. 6.
10. Subs. for the words “Central Government” by Act 59 of 1994, sec. 6.

11[8. State Authority to act in coordination with other agencies etc., and be subject to directions given by Central Authority. -In the discharge of its functions the State Authority shall appropriately act in coordination with other governmental agencies, nongovernmental voluntary social service institutions, universities and other bodies engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority may give to it in writing.

11. Subs. for sections 8 and 9 by Act 59 of 1994, sec. 7.

8A. High Court Legal Services Committee. –

(1) The State Authority shall constitute a Committee to be called the High Court Legal Services Committee for every High Court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.

(2) The Committee shall consist of-

(a) A sitting Judge of the High Court who shall be the Chairman; and

(b) Such number of other as may be determined by regulations made by the State Authority,

To be nominated by the Chief Justice of the High Court.

(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government.

(4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the State Authority.

(5) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.

(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

9. District Legal Services Authority. -

(1) The State Government shall, in consultation with the Chief Justice of the High Court, constitute a body to be called the District Legal Services Authority for every District in the State to exercise the powers and perform the functions conferred on, or assigned to, the District Authority under this Act.

(2) A District Authority shall consist of-

(a) The District Judge who shall be its Chairman; and

(b) Such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

(3) The State Authority shall, in consultation with the Chairman of the District Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of the District Judiciary as Secretary of the District Authority to exercise such powers and perform such duties under the Chairman of that Committee as may be assigned to him by such Chairman.

(4) The terms of office and other conditions relating thereto, of members and Secretary of the District Authority shall be such as may be determined by regulations made by the State Authority in consultation with the Chief Justice of the High Court.

(5) The District Authority may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.

(6) The officers and other employees of the District Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(7) The administrative expenses of every District Authority, including the salaries, allowances and pensions payable to the Secretary, officers and other employees of the District Authority shall be defrayed out of the Consolidated Fund of the State.

(8) All orders and decisions of the District Authority shall be authenticated by the Secretary or by any other officer of the District Authority duly authorised by the Chairman of that Authority.

(9) No act or proceeding of a District Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the Constitution of, the District Authority.]

10. Functions of District Authority. -

(1) It shall be the duty of every District Authority to perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority.

(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Authority may perform all or any of the following functions, namely: -

12[(a) Co-ordinate the activities of the Taluk Legal Services Committee and other Legal Services in the District];

(b) Organise Lok Adalats within the District; and

(c) Perform such other functions as the State Authority may 13[***] fix by regulations.

12. Subs. by Act 59 of l994, sec. 8 (i).
13. The words, "in consultation with the State Government," omitted by Act 59 of 1994, sec. 8.

11. District Authority to act in coordination with other agencies and be subject to directions given by the Central Authority, etc.-In the discharge of its functions under this Act, the District Authority shall, wherever appropriate, act in coordination with other governmental and nongovernmental institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the Central Authority or the State Authority may give to it in writing.

14[11A. Taluk Legal Services Committee: -

(1) The State Authority may constitute a Committee, to be called the Taluk Legal Services Committee, for each taluk or manual or for group of taluks or manuals.

(2) The Committee shall consist of-

(a) The 14A[Senior-most Judicial Officer] operating within the jurisdiction of the Committee who shall be the ex officio Chairman; and

(b) Such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

(3) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.

(4) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) The administrative expenses of the Committee shall be defrayed out of the District Legal Aid Fund by the District Authority.

14. Ins. by Act 59 of 1994, sec. 9.
14A Ins. By Act 37 of 2002, sec.2 in place of “ Senior Civil Judge”

11B. Functions of Taluk Legal Services Committee. -The Taluk Legal Services Committee may perform all or any of the following functions, namely: -

(a) Coordinate the activities of legal services in the taluk

(b) Organise Lok Adalats within the taluk; and

(c) Perform such other functions as the District Authority may assign to it.]

CHAPTER IV

ENTITLEMENT TO LEGAL SERVICES

12. Criteria for giving legal services. -Every person who has to file or defend a case shall be entitled to legal services under this Act if that person, is-

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution;

(c) A women or a child;

(d) A mentally ill or otherwise disabled person;

(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) An industrial workman; or

(g) In custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or

15[(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.]

15. Subs. by Act 59 of 1994, sec. 10.
(Rules have already been amended to enhance this income ceiling).According to section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case' which includes a suit or any proceeding before a court. Section 2(1) (aaa) defines the 'court' as a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. As per section 2(1)(c) 'legal service' includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prima facie case in his favour provide him counsel at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority.A nationwide network has been envisaged under the Act for providing legal aid and assistance. National Legal Services Authority is the apex body constituted to lay down policies and principles for making legal services available under the provisions of the Act and to frame most effective and economical schemes for legal services. It also disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes.In every State a State Legal Services Authority is constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people and conduct Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the State High Court who is its Patron-in-Chief. A serving or retired Judge of the High Court is nominated as its Executive Chairman.District Legal Services Authority is constituted in every District to implement Legal Aid Programmes and Schemes in the District. The District Judge of the District is its ex-officio Chairman.Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal or for group of Taluk or Mandals to coordinate the activities of legal services in the Taluk and to organise Lok Adalats. Every Taluk Legal Services Committee is headed by a senior Civil Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman.After the constitution of the Central Authority and the establishment of NALSA office towards the beginning of 1998, following schemes and measures have been envisaged and implemented by the Central Authority:-(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in the country for disposal of pending matters as well as disputes at pre-litigative stage;(b) Establishing separate Permanent & Continuous Lok Adalats for Govt. Departments, Statutory Authorities and Public Sector Undertakings for disposal of pending cases as well as disputes at pre-litigative stage;(c) Accreditation of NGOs for Legal Literacy and Legal Awareness campaign;(d) Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in the country; (e) Disposal of cases through Lok Adalats on old pattern;(f) Publicity to Legal Aid Schemes and programmes to make people aware about legal aid facilities;(g) Emphasis on competent and quality legal services to the aided persons;(h) Legal aid facilities in jails;(i) Setting up of Counseling and Conciliation Centers in all the Districts in the country;(j) Sensitisation of Judicial Officers in regard to Legal Services Schemes and programmes;(k) Publication of "Nyaya Deep", the official newsletter of NALSA;(l) Enhancement of Income Ceiling to Rs.50,000/- p.a. for legal aid before Supreme Court of India and to Rs.25,000/- p.a. for legal aid up to High Courts; and(m) Steps for framing rules for refund of court fees and execution of Awards passed by Lok Adalats.

13. Entitlement to Legal Services: -

(1) Person who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

14. Grants by the Central Government. -The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Central Authority, by way of grants, such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

15. National Legal Aid Fund. -

(1) The Central Authority shall establish a fund to be called the National Legal Aid Fund and there shall be credited thereto-

(a) All sums of money given as grants by the Central Government under section 14;

(b) Any grants or donations that may be made to the Central Authority by any other person for the purposes of this Act;

(c) Any amount received by the Central Authority under the orders of any court or from any other source.

(2) The National Legal Aid Fund shall be applied for meeting-

(a) The cost of legal services provided under this Act including grants made to State Authorities;

16[(b) The cost of legal services provided by the Supreme Court Legal Services Committee;

(c) Any other expenses which are required to be met by the Central Authority.]

16. Subs. by Act 59 of 1994, sec. 11.

16. State Legal Aid Fund: -

(1) A State Authority shall establish a fund to be called the State Legal Aid Fund and there shall be credited thereto-

(a) All sums of money paid to it or any grants made by the Central Authority for the purposes of this Act;

(b) Any grants or donations that may be made to the State Authority by the State Government or by any person for the purposes of this Act;

(c) Any other amount received by the State Authority under the orders of any court or from any other source.

(2) A State Legal Aid Fund shall be applied for meeting-

(a) The cost of functions referred to in section 7;

17[(b) The cost of legal services provided by the High Court Legal Services Committees;

(c) Any other expenses which are required to be met by the State Authority.]

17. Subs. by Act 59 of 1994, see. 12.

17. District Legal Aid Fund. -

(1) Every District Authority shall establish a fund to be called the District Legal Aid Fund and there shall be credited thereto-

(a) All sums of money paid or any grants made by the State Authority to the District Authority for the purposes of this Act;

18[(b) Any grants or donations that may be made to the District Authority by any person, with the prior approval of the State Authority, for the purposes of this Act.]

(c) Any other amount received by the District Authority under the orders of any court or from any other source.

(2) A District Legal Aid Fund shall be applied for meeting-

(a) The cost of functions referred to in section 10 19[and 11 B];

(b) Any other expenses which are required to be met by the District Authority.

18. Subs. by Act 59 of 1994, sec. 13.

19. Ins. by Act 59 of 1994, sec. 13.

18. Accounts and audit. -

(1) The Central Authority, State Authority or the District Authority (hereinafter referred to in this section as ‘the Authority’), as the case may be, shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority concerned to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the auditing of the accounts of an Authority under this Act shall have the same rights and privileges and Authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authorities under this Act.

(4) The accounts of the Authorities, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually by the Authorities to the Central Government or the State Governments as the case may be.

20[(5) The Central Government shall cause the accounts and the audit report received by it under sub-section (4) to be laid, as soon as may be after they are received, before each House of Parliament.

(6) The State Government shall cause the accounts and the audit report received by it under sub-section (4) to be laid, as soon as may be after they are received, before the State Legislature.]

20. Ins. by Act 59 of 1994, sec. 14.

CHAPTER VI

LOK ADALATS

21[19. Organisation of Lok Adalats: -

(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organised for an area shall consist of such number of-

(a) Serving or retired judicial officers; and

(b) Other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or as the case may be, the Taluk Legal Services Committee, organising such Lok Adalat.

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(4) The experience and qualifications of other persons referred to in clause (b) of subsection (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of-

(i) Any case pending before; or

(ii) Any matter, which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised:

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.

21. Subs. for sections 19 and 20 by Act 59 of 1994, sec. 15.

20. Cognisance of cases by Lok Adalats.

(1) Where in any case referred to in clause (i) of sub-section (5) of section 19; -

(i) (a) The parties thereof agree; or

(b) One of the parties thereof makes an application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or

(ii) The court is satisfied that the matter is an appropriate one to be taken cognisance of by the Lok Adalat,

the court shall refer the case to the Lok Adalat:

Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties.

(2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination:

Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party.

(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.

(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court.

(7) Where the record of the case is returned under sub-section (5) to the Court, such court shall proceed to deal with such case from the stage, which was reached before such reference under sub-section (l)].

21. Award of Lok Adalat. –

22[(1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section (I) of section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court Fees Act, (7 of 1870).]

(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award.

22. Subs. by Act 59 of 1994, sec. 16.

22. Powers of Lok Adalats 23[or Permanent Lok Adalats.]

(1) The Lok Adalat or 23[Permanent Lok Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely: -

(a) The summoning and enforcing the attendance of any witness and examining him on oath;

(b) The discovery and production of any document;

(c) The reception of evidence on affidavits;

(d) The requisitioning of any public record or document or copy of such record or document from any court or office; and

(e) Such other matters as may be prescribed.

(2) Without prejudice to the generality of the powers contained in sub-section (1), every Lok Adalat or 23[Permanent Lok Adalat] shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.

(3) All proceedings before a Lok Adalat or 23[Permanent Lok Adalat] shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860) and every Lok Adalat 23[or Permanent Lok Adalat] shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).


23. Ins. By Act 37 of 2002, sec.3


23A[CHAPTER VI A
PRE-LITIGATION CONCILATION AND SETTLEMENT
22A. Definitions
In this Chapter and for the purposes of sections 22 and 23, unless the context otherwise requires:-
(a)“Permanent Lok Adalat” means a Permanent Lok Adalat established
under sub-section (1) of section 22B;
(b)“public utility service” means any –
(i) transport service for the carriage of passengers or goods by air, road or water; or(ii) postal, telegraph or telephone service; or(iii) supply of power, light or water to the public by any esablishment;or(iv) system of public conservancy or sanitation; or(v) service in hospital or dispensary; or(vi) insurance service, and includes any service which the Central Government or the State Government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes of this Chapter.
22B. Establishment of Permanent Lok Adalats
(1) Notwithstanding anything contained in section 19, the Central Authority or, as the case may be, every State Authority shall, by notification, establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification.
(2) Every Permanent Lok Adalat established for an areas notified under sub-section (1) shall consist of –
(a) a person who is, or has been, a district judge or additional district judge or has held judicial officer higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat; and
(b) two other persons having adequate experience in public utility service to be nominated by the Central Government or, as the case may be, the State Government on the recommendation of the Central Authority or, as the case may be, the State Authority, appointed by the Central Authority or, as the case may be, the State Authority, establishing such Permanent Lok Adalat and the other terms and conditions of the appointment of the Chairman and other persons referred to in clause (b) shall be such as may be prescribed by the Central Government.
22C. Cognisance of cases by Permanent Lok Adalat
(1) Any party to a dispute may, before the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute:
Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law:
Provided further that the Permanent Lok Adalat shall also not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees:
Provided also that the Central Government, may, by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the Central Authority.
(2) After an application in made under sub-section (1) to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute.
(3) Where an application is made to a Permanent Lok Adalat under sub-section(1), it –
(a) shall direct each party to the application to file before it a written statement, stating therein the facts and nature of dispute under the application, points or issues in such dispute and grounds relied in support of, or in opposition to, such points or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to each of the parties to the application;(b) may require any party to the application to file additional statement before it at any stage of the conciliation proceedings;(c) shall communicate any document or statement received by it from any party to the application to the other party, to enable such other party to present reply thereto.
(4) When statement, additional statement and reply, if any, have been filed under sub-section(3), to the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation proceedings between the parties to the application in such manner as it thinks appropriate taking into account the circumstances of the dispute.(5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings under sub-section (4), assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner.
(6) It shall be the duty of every party to the application to cooperate in good faith with the Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply with the direction of the Permanent Lok Adalat to produce evidence and other related documents before it.
(7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is of opinion that there exists elements of settlement in such proceedings which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispute and give to the parties concerned for their observations and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the settlement agreement and the Permanent Lok Adalat shall pass an award in terms thereof and furnish a copy of the same to each of the parties concerned.
(8) Where the parties fail to reach at an agreement under sub-section (7), the Permanent Lok Adalat shall, if the dispute does not relate to any offence, decide the dispute.

22D Procedure of Permanent Lok Adalat
The Permanent Lok Adalat shall, while conducting conciliation proceedings or deciding a dispute on merit under this Act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1892.
22E Award of Permanent Lok Adalat to be final
(1) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.]
23A Inserted by Legal Services Authorities (Amendment) Act. 2002, 37of 2002,sec.4



CHAPTER VII

MISCELLANEOUS

24[23. Members and staff of Authorities Committees and Lok Adalats to be public servants: -The members including Member-Secretary or, as the case may be, Secretary of the Central Authority, the State Authorities, the District Authorities, the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and officers and other employees of such Authorities, Committees and 24A[the members of the Lok Adalat or the persons constituting Permanent Lok Adalat] shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)

24. Subs. for sections 23 and 24 by Act 59 of 1994, sec. 17.
24A Subs for “members of Lok Adalat’ by Act 37 of 2002 by Sec.5

24. Protection of action taken in good faith. -No suit, prosecution or other legal proceeding shall lie against-

(a) The Central Government or the State Government;

(b) The Patron-in-Chief, Executive Chairman, members of, Member-Secretary or officers or other employees of the Central Authority;

(c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers or other employees of the State Authority;

(d) Chairman, Secretary, members or officers or other employees of the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or the District Authority; or

(e) Any other person authorised by any of the Patron-in-Chief, Executive Chairman, Chairman, member, Member-Secretary referred to in sub-clauses (b) to (d),

For anything which is in good faith done or intended to be done under the provisions of this Act or any rule or regulation made there under.]

25. Act to have overriding effect. -The Provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

26. Power to remove difficulties. –

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

25[27. Power of Central Government to make rules. –

(1) The Central Government in consultation with the Chief Justice of India may, by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -

(a) the number, experience and qualifications of other members of the Central Authority under clause (c) of sub-section (2) of section 3;

(b) the experience and qualifications of the Member-Secretary of the Central Authority and his powers and functions under sub-section (3) of section 3;

(c) the terms of office and other conditions relating thereto, of members and Member Secretary of the Central Authority under sub-section (4) of section 3;

(d) the number of officers and other employees of the Central Authority under subsection (5) of section 3;

(e) the conditions of service and the salary and allowances of officers and other employees of the Central Authority under sub-section (6) of section 3;

(f) the number, experience and qualifications of members of the Supreme Court Legal Services Committee under clause (b) of sub-section (2) of section 3A.

(g) the experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub-section (3) of section 3A.

(h) the number of officers and other employees of the Supreme Court Legal Services Committee under sub-section (5) of section 3A and the conditions of service and the salary and allowances payable to them under sub-section (6) of that section;

(i) the upper limit of annual income of a person entitling him to legal services under clause (h) of section 12, if the case is before the Supreme Court;

(j) the manner in which the accounts of the Central Authority, the State Authority or the District Authority shall be maintained under section 18;

(k) the experience and qualifications of other persons of the Lok Adalats organised by the Supreme Court Legal Services Committee specified in sub-section (3) of section 19;

(l) other matters under clause (e) of sub-section (1) of section 22;

25A[(la) the other terms and conditions of appointment of the Chairman
and other persons under sub-section (2) of Section 22B;]

(m) any other matter which is to be, or may be, prescribed.]

25. Subs. for sections 27, 28 and 29 by Act 59 of 1994, sec. 18.
25A Ins.by Act 37 of 2002, dated 11.6.2002 , by Sec.6

28. Power of State Government to make rules. -

(1) The State Government in consultation with the Chief Justice of the High Court may, by notification, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: -

(a) The number, experience and qualifications of other members of the State Authority under clause (c) of sub-section (2) of section 6;

(b) The powers and functions of the Member-Secretary of the State Authority under sub-section (3) of section 6;

(c) The terms of office and other conditions relating thereto, of members and Member Secretary of the State Authority under sub-section (4) of section 6:

(d) The number of officers and other employees of the State Authority under subsection (5) of section 6;

(e) The conditions of service and the salary and allowances of officers and other employees of the State Authority under sub-section (6) of section 6;

(f) The experience and qualifications of Secretary of the High Court Legal Services Committee under sub-section (3) of section 8A;

(g) The number of officers and other employees of the High Court Legal Services Committee under sub-section (5) of section 8A and the conditions of service and the salary and allowances payable to them under sub-section (6) of that section;

(h) The number, experience and qualifications of members of the District Authority under clause (b) of sub-section (2) of section 9;

(i) The number of officers and other employees of the District Authority under subsection (5) of section 9;

(j) The conditions of service and the salary and allowances of the officers and other employees of the District Authority under sub-section (6) of section 9;

(k) The number, experience and qualifications of members of the Taluk Legal Services Committee under clause (b) of sub-section 12) of section 11A;

(1) The number of officers and other employees of the Taluk Legal Services Committee under sub-section (3) of section 11A;

(m) The conditions of service and the salary and allowances of officers and other employees of the Taluk Legal Services Committee under sub-section (4) of section 11A;

(n) The upper limit of annual income of a person entitling him to legal services under clause (h) of section 12, if the case is before a court, other than the Supreme Court;

(o) The experience and qualifications of other persons of the Lok Adalats other than referred to in sub-section (4) of section 19;

(p) Any other matter which is to be, or may be, prescribed.

29. Power of Central Authority to make regulations.

(1) The Central Authority may, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -

(a) The powers and functions of the Supreme Court Legal Services Committee under sub-section (1) of section 3A;

(b) The terms of office and other conditions relating thereto, of the members and Secretary of the Supreme Court Legal Services Committee under sub-section (4) of section 3A;

29A. Power of State Authority to make regulations.-

(1) The State Authority may, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: -

(a) The other functions to be performed by the State Authority under clause (d) of subsection (2) of section 7;

(b) The powers and functions of the High Court Legal Services Committee under subsection (1) of section 8A;

(c) The number, experience and qualifications of members of the High Court Legal Services Committee under clause (b) of sub-section (2) of section 8A;

(d) The terms of office and other conditions relating thereto, of the members and Secretary of the High Court Legal Services Committee under sub-section (4) of section 8A;

(e) The terms of office and other conditions relating thereto, of the members and Secretary of the District Authority under sub-section (4) of section 9;

(f) The number, experience and qualifications of members of the High Court Legal Services Committee under clause (b) of sub-section (2) of section 8A;

(g) Other functions to be performed by the District Authority under clause (c) of subsection (2) of section 10;

(h) The terms of office and other conditions relating thereto, of members and Secretary of the Taluk Legal Services Committee under sub-section (3) of section 11A.]

30. Laying of rules and regulations. -

(1) Every rule made under this Act by the Central Government and every regulation made by the Central Authority thereunder shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

(2) Every rule made under this Act by a State Government and every regulation made by a State Authority thereunder shall be laid, as soon as may be after it is made, before the State Legislature.

THE LAND ACQUISITION, ACT, 1894

[1]THE LAND ACQUISITION, ACT, 1894
(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;
[2][(2) It extend to the whole of Pakistan]; and
(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;
(c) the expression “Collector” means the Collector of a district, and includes a [3][District Officer (Revenue)] and any officer specially appointed by the [4][Board of Revenue or [5][Executive District Officer (Revenue)]] to perform the functions of a Collector under this Act:
[6][(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 [7][Companies Ordinance, 1984], or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament [8][of the United Kingdom] or [9][by a Pakistan law], or by Royal Charter or Letters Patent [10][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[11]]:
(f) the expression “public purpose” includes the provision of village-sites in districts in which the [12][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 [13]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.— [14][(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 [15][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.
[16][(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].
[17][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 [18][Executive District Officer (Revenue)], 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].
[19][Objections
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 [20][Executive District Officer (Revenue)] together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the [21][Executive District Officer (Revenue)] 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 [22][Executive District Officer (Revenue)] 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, [23][when the [24][Executive District Officer (Revenue)] 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 [25][Executive District Officer (Revenue)] or of some officer duly authorised to certify [26][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 [27][Executive District Officer (Revenue)] may acquire the land in manner hereinafter appearing.
[28][(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 [29][Executive District Officer (Revenue)], or some officer authorised by the [30][Executive District Officer (Revenue)] 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 [31]Indian Post Office Act, 1866.
[32][(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.[33]
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 [34][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 [35][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.
[36][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 [37]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, [38][subject to the provision of section 31], take possession of the land, which shall thereupon [39][vest absolutely in the [40][Government]] free from all encumbrances.
[41][17. Special power in cases of urgency.— (1) In cases of urgency, whenever the [42][Executive District Officer (Revenue)] 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 [43][Executive District Officer (Revenue)] 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 [44][Executive District Officer (Revenue)] 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 [45][Executive District Officer (Revenue)], 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 [46][Executive District Officer (Revenue)], the provisions of sub-section (1) or sub-section (2) are applicable, the [47][Executive District Officer (Revenue)] 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.
[48][(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, [49][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.
[50][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 [51][notification under section 4, sub-section (1)].
[52][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.
[53][(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 [54][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 [55][* * *].
(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.— [56][(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.
[57][(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[58]].
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 [59][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.
[60][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
[61][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 [62][Executive District Officer (Revenue)] 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 [63][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 [64][:]
[65][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 [66][Executive District Officer (Revenue)] that the temporary occupation and use of any waste or arable land are needed for any public purpose or for a Company, the [67][Executive District Officer (Revenue)] 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.
[68][(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.]
[69][(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.]
[70][(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 [71][Executive District Officer (Revenue)] 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.— [72][(1) The [73][Executive District Officer (Revenue)] 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 [74][sub-section (3) of section 4] shall be construed as if after the words “the officer” the words “of the Company” were inserted.
[75][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 [76][Executive District Officer (Revenue)] 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 [77][Executive District Officer (Revenue)] nor unless the Company shall have executed the agreement hereinafter mentioned.
40. Previous enquiry.— (1) Such consent shall not be given unless the [78][Executive District Officer (Revenue)] be satisfied, [79][either on the report of the Collector under section 5-A, sub-section (2), or] by an enquiry held as hereinafter provided—
[80][(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
[81][(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][82]
[83][(c) that the area proposed to be acquired is reasonable for the purpose].
(2) Such enquiry shall be held by such officer and at such time and place as the [84][Executive District Officer (Revenue)] 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 [85]Code of Civil Procedure in the case of a Civil Court.
41. Agreement with Provincial Government.— [86][* * *] If the [87][Executive District Officer (Revenue)] is satisfied [88][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 [89][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] [90][he] shall [91][* * *] require the Company to enter into an agreement [92][with the Provincial Government], providing to the satisfaction of the [93][Provincial Government] for the following matters, namely:-
(1) the [94][payment to the [95][Executive District Officer (Revenue)]] of the cost of the acquisition;
(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;
[96][(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 [97][* * *] in the [98][official Gazette] [99][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 [100]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, [101][under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, [102][the [103][Federal] government or any Provincial Government] is or was bound to provide land].
[104][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 [105]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 [106][* * *] and such Magistrate [107][* * *] 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 [108][Executive District Officer (Revenue)] shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the [109][Executive District Officer (Revenue)] 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 [110][Executive District Officer (Revenue)] is of opinion that the claim is unreasonable or excessive, [111][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 [112][Executive District Officer (Revenue) 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.
[113][(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 [114]Code of Civil Procedure shall apply to all proceedings before the Court under this Act.
[115][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 [116][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 [117][Provincial Government] shall [118][* * *] 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.
[119][* * * * * * * * * * * *]
(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 [120][* * *] be published in the Official Gazette, and shall thereupon have the force of law.

[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]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.
[3]Substituted for the words “Deputy Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[4]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), section 3(3) and schedule III as amended by the West Pakistan (Adaptation and Repeal of Laws) (Amendment) Ordinance, 1961 (XXXI of 1961), for “Provincial Government”.
[5]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[6]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[7]Substituted for the words “Indian Companies Act, 1882” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[8]Inserted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule (w.e.f. 23rd March, 1956).
[9]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.
[10]Inserted by section 2 of the Land Acquisition (Amendment) Act, 1919 (XVII of 1919).
[11]II of 1912.
[12]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]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908 (V of 1908).
[14]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 4 (a).
[15]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]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[17]Substituted ibid., section 5.
[18]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[19]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.
[20]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[21]Ibid.
[22]Ibid.
[23]Substituted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 4, for “whenever it appears to the Local Government”.
[24]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[25]Ibid.
[26]Substituted for the word “its” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
[27]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[28]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 7.
[29]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[30]Ibid.
[31]XIV of 1866, subsequently replaced by the Post Office Act, 1898 (VII of 1898).
[32]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 8.
[33]XLV of 1860.
[34]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 9.
[35]Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923)
[36]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 10.
[37]Now the Code of Civil Procedure, 1908 (V of 1908).
[38]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 11.
[39]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”.
[40]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “Crown”, w.e.f. 23rd March, 1956.
[41]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 12.
[42]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[43]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan..
[44]Ibid.
[45]Ibid.
[46]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[47]Ibid.
[48]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[49]Ibid.
[50]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 15.
[51]Substituted, by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 7, for “declaration relating thereto under section 6”.
[52]Added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[53]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[54]Substituted by the Land Acquisition (Amendment) Act, 1923 ( XXXVIII of 1923), section 8., for “declaration under section 6”.
[55]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.
[56]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).
[57]Added ibid.
[58]V of 1908.
[59]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]Added ibid.
[61]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[62]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[63]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”.
[64]The full stop at the end of section 34 replaced by the colon ibid., section 2 (d).
[65]Added ibid.
[66]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[67]Ibid.
[68]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), section 19 (a).
[69]Inserted ibid, section 19(b).
[70]Sub-section (3) was re-numbered as sub-section (4) ibid.
[71]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[72]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[73]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[74]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for “Section 5”.
[75]Inserted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933).
[76]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[77]Ibid.
[78]Ibid.
[79]Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
[80]Substituted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), section 3, for the original Clauses (a) and (b).
[81]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1965 (I of 1965).
[82]Substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), for the full-stop.
[83]Added ibid.
[84]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[85]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908.
[86]The words, “such officer shall report to the Local Government the result of enquiry and”, repealed by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), section 10.
[87]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[88]Inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923).
[89]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”.
[90]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”.
[91]The words “subject to such rules as the G.G. in C. may from time to time prescribe in this behalf”, repealed by the Devolution Act 1920 (XXXVIII of 1920), section 2 and Schedule I.
[92]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 “with the Secretary of State for India in Council”.
[93]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]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 “payment to Government”.
[95]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[96]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).
[97]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]Substituted, ibid., for “local official Gazette”.
[99]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]X of 1870, repealed by this Act.
[101]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”.
[102]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]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
[104]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[105]XIV of 1866, subsequently replaced by the Post Office Act, 1898 (VI of 1898).
[106]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]The words and brackets, “as Commissioner (as the case may be)”, omitted ibid.
[108]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[109]Ibid.
[110]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[111]Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for “it”.
[112]Substituted for the word “Commissioner” by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
[113]Inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).
[114]XIV of 1882, subsequently replaced by the Code of Civil Procedure, 1908.
[115]Substituted by the Land Acquisition (Amendment), Act 1921 (X of 1921), section 3.
[116]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), for “His Majesty in Council”.
[117]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”.
[118]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).
[119]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.
[120]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.