THE PUNJAB SURVEY AND RECTANGULATION OF LANDS ORDINANCE, 1959

(W.P. Ordinance XXXIV of 1959)

C O N T E N T S

Sections

         1.         Short title, extent and commencement.

         2.         Power to direct survey and rectangulation.

         3.         Assessment and recovery of costs.

         4.         Penalty.

         5.         Indemnity.

         6.         Bar to jurisdiction of Civil Courts.

         7.         Power to make rules.

 

[1]THE [2][PUNJAB] SURVEY AND RECTANGULATION OF LANDS ORDINANCE, 1959

(W.P. Ordinance XXXIV of 1959)

[1 June 1959]

An Ordinance to provide for the survey and rectangulation of lands

Preamble WHEREAS it is expedient to make provision for carrying out the survey and rectangulation of land in any area in the province of [3][the Punjab];

      Now, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-

1.   Short title, extent and commencement (1) This Ordinance may be called the [4][Punjab] Survey and Rectangulation of Lands Ordinance, 1959.

      [5][(2)  It extends to the whole of the province of [6][the Punjab] except the Tribal Areas.]

      (3)  It shall come into force in such area and on such date as the Board of Revenue, [7][Punjab] may by notification direct.

2.   Power to direct survey and rectangulation Notwithstanding anything contained in any other law for the time being in force, the Board of Revenue, [8][Punjab] may, by notification, direct that survey and rectangulation of land in any area be carried out provided that, as far as possible, the area of an owner’s holding shall not, as a result of such operations, be reduced.

3.   Assessment and recovery of costs The cost of the survey, and rectangulation operations shall be assessed and recovered from the persons whose holdings are affected in such manner as may be prescribed by rules made under this Ordinance:

      Provided that Provincial Government may remit, in whole or in part, the cost of such operations.

4.   Penalty.— Whoever obstructs or prevents any operations under this Ordinance, or fails to comply with any provisions of the rules made thereunder, shall, on a complaint made in writing by any Revenue Officer, be punished with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or with both.

5.   Indemnity No suit or other legal proceedings shall be maintainable in respect of the exercise of any powers or discretion conferred by this Ordinance or rules made thereunder, or against any public servant or person duly appointed or authorised under this Ordinance or the rules, in respect of anything in good faith done, or purporting to be done under this Ordinance or the rules.

6.   Bar to jurisdiction of Civil Courts No Civil Court shall have jurisdiction to entertain any claim, suit or other legal proceedings in respect of any act done in pursuance of the provisions of this Ordinance.

7.   Power to make rules The Board of Revenue [9][Punjab], may frame such rules as may be necessary to give effect to the provisions of this Ordinance.

 



[1]This Ordinance was promulgated by the Governor of West Pakistan on 29th May, 1959; published in the West Pakistan Gazette (Extraordinary), dated 1st June, 1959, pages 469-70; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).

[2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[3]Ibid.

[4]Ibid.

[5]Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).

[6]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[7]Ibid.

[8]Ibid.

[9]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”