[1]THE THAL DEVELOPMENT ACT, 1949
(Punjab Act XV of 1949)
[
An Act to provide for the speedy development of the area brought under
irrigation by the execution of the Thal Project, and for the re-settlement
thereon of refugees and others and for the levy of development fee
Preamble.– WHEREAS the Governor of the Punjab has, in pursuance of a proclamation[2] issued by the Governor-General of Pakistan under section 92-A of the Government of India Act, 1935, assumed, on behalf of the Governor-General, all powers vested in or exercisable by the Provincial Legislature under the said Act;
Now, THEREFORE, in exercise of the powers so assumed the Governor is hereby pleased to enact as follows:-
CHAPTER I
PRELIMINARY
1. Title, extent and commencement.– (1) This Act may be called the Thal Development Act, 1949.
[3][(2) It
extends to the districts of Mianwali, Bhakkar, Muzaffargarh, Layyah and
Khushab; provided that the Provincial Government may by notification extend all
or any of the provisions of this Act to any other part of the Province of the
(3) It shall come into force at once.
2. Definitions.– In this Act unless there is anything repugnant to the subject or context–
“Collector” has the same meaning as in clause (c) of section 3 of the Land Acquisition Act, 1894[4];
“Development Fee” shall mean fee imposed under section 40 of this Act;
“Holding” means a share or portion of an estate held by one landowner or by two or more landowners jointly;
“Improvement” when made by a tenant means such improvement as the tenant is permitted to make under the conditions applicable to his tenancy;
“Land” includes land as defined in clause (a) of section 3 of the Land Acquisition Act, 1894[5];
“Local Area” means an area to which this Act has been extended;
“Local Authority” has the same meaning as in section 2 of the Local Authorities Loans Act, 1914[6];
“Member” means member of the Thal Development Authority appointed under section 4 of this Act;
“Notification”
means a notification published in [7][the
“Prescribed” means prescribed by rules made by Provincial Government under this Act;
“Rent” includes rent as defined in section 4(3) of the Punjab Tenancy Act, 1887[8];
“Scheme” means a scheme framed under section 21 of this Act;
“Tenant” includes the predecessors and successors-in-interest of a tenant;
“Tribunal” means a Tribunal constituted
under section 37 of this Act;
the expressions “tree”, “timber” and “cattle” have the meanings respectively assigned thereto in the [9][* * *] Forest Act, 1927[10].
CHAPTER II
CONSTITUTION OF THE AUTHORITY
3. Creation and incorporation of the Authority.– The duty of carrying out the provisions of this Act in any local area shall, subject to the conditions and limitations hereinafter contained, be vested in a Board to be called “The Thal Development Authority”, hereinafter referred to as “The Authority” and the Board shall be a body corporate, and shall have perpetual succession and a common seal, and shall by the said name sue and be sued.
4. Constitution of the Authority.– (1) The Authority shall consist of not more than seven members appointed by the Provincial Government by notification [11][:]
[12][Provided that one of the Members shall be a person who, in the opinion of the Provincial Government, is qualified to hold charge of the finances of the Authority and he shall be appointed after previous consultation with the Chairman:
Provided further that no person shall be appointed a Member of the Authority, who would, if he were a Member, be liable to removal under section 9.]
(2) One of the members shall be appointed by the Provincial Government as Chairman.
[13][(3) The Authority or the Chairman may and if directed by the Provincial Government shall delegate such powers and assign such duties to the various Members of the Authority as may be specified in writing by the Authority or the Chairman or the Provincial Government as the case may be.
5. Term of office of Member.– The term of office of the Members of the Authority shall be three years.
6. Commencement
of term of office, reappointment and resignation.– (1) The term of office of a Member shall commence
on such date as shall be notified in this behalf by the Provincial Government.
(2) Any person ceasing to be a Member of the Authority by reason of the expiry of the term of his office shall, if otherwise qualified, be eligible for re-appointment.
(3) Any Member of the Authority may at any time resign, provided that his resignation shall not take effect until accepted by the Provincial Government.
7. [Filling of casual vacancies.] Deleted
by the Thal Development (
8. Remuneration of Chairman and Members.– The Chairman and Members of the Authority shall receive such salary or remuneration as may be sanctioned by the Provincial Government.
9. Removal of Members.– The Provincial Government may [14][after giving him an opportunity of being heard], by notification, remove any Member–
(a) if he refuses to act, or becomes in the opinion of the Provincial Government, incapable of acting or has been declared as insolvent, or has been convicted of any such offence or subjected by a Criminal Court to any such order as implies in the opinion of the Provincial Government, a defect of character which renders him unfit to be a Member; or
(b) if he has been declared to be disqualified for employment in, or has been dismissed from the public service and the reasons for the disqualification or dismissal is such as implies, in the opinion of the Provincial Government, a defect of character which renders him unfit to be a Member; or
[15][(c) if he has absented himself from more than three consecutive meetings of the Authority, or of any committee of which he is a member, and is unable to explain such absence to the satisfaction of the Provincial Government; or]
(d) if, in the opinion of the Provincial Government he has flagrantly abused his position as a Member; or
(e) if he has knowingly acquired or continued to hold without the permission in writing of the Provincial Government, directly or indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of the Authority; or
(f) if he has knowingly acted as a Member in a matter other than a matter referred to in clause (iv) of the proviso to this section, in which he or a partner had, directly or indirectly, a personal interest; or
(g) if he has acted in contravention of section 15; or
(h) who being a legal practitioner, acts or appears on behalf of any other person in any suit or other proceedings instituted by or on behalf of the Authority or in any suit or other proceeding acts or appears on behalf of any other person against the Authority; or
(i) who is a salaried servant of the Government, and his continuance in office is in the opinion of the Provincial Government, unnecessary or undesirable:
Provided that a person shall not be deemed, for the purpose of clause (e) to acquire, or continue to have, any share or interest in a contract or employment by reason only of his–
(i) having a share or interest in any lease, sale or purchase of land or building, or in any agreement for the same, provided that such share or interest was acquired before he became a Member; or
(ii) having a share in a joint-stock company which shall contract with, or be employed by or on behalf of the Authority; or
(iii) having a share or interest in a newspaper in which an advertisement relating to the affairs of the Authority is inserted; or
(iv) holding a debenture or otherwise being interested in a loan raised by or on behalf of the Authority; or
(v) having a share or interest in the occasional sale of an article in which he regularly trades to the Authority, to a value not exceeding in any one year, such amount as the Authority, with the sanction of the Provincial Government, may fix in this behalf [16][:]
[17][Provided further that it shall be lawful for the Provincial Government to remove any Member at any time without assigning any reason for his removal.
10. Disabilities of Members removed under section 9.– A Member removed under section 9 shall not be eligible for re-appointment for a period of three years from the date of his removal:
Provided that if a Member has been removed by reason of his having been declared as insolvent, he shall be eligible for re-appointment when he shall have obtained his discharge.
CHAPTER III
PROCEEDINGS OF THE AUTHORITY, COMMITTEES,
OFFICERS AND SERVANTS AND SUPPLY OF INFORMATION TO PROVINCIAL GOVERNMENT
[18][11.] Meetings of the Authority.– (a) The Authority shall ordinarily meet for the transaction of business at least [19][once in every month] at such time as it may fix, provided that the Chairman may, whenever he thinks fit, and shall, upon the written request of not less than two members, call a special meeting.
(b) The quorum necessary for the transaction of business at an ordinary or special meeting shall be three:
Provided that if at any such meeting a quorum is not present, the Chairman shall adjourn the meeting to such other day [20][not being later than fourteen days] as he may think fit and the business which would have been brought before the original meeting if there had been a quorum present shall be brought before and transacted at the adjourned meeting whether there be a quorum present thereat or not.
(c) At every meeting the Chairman, if he be present, or in his absence such one of the Members present as may be chosen by the meeting, shall preside.
(d) All questions which come before any meeting shall be decided by a majority of the votes of the members present, the president of the meeting in case of an equality of votes having a second or casting vote.
(e) Minutes of the names of the members present
and of the proceedings at each meeting shall be drawn up and recorded in a book
to be kept for the purpose, and shall be signed by the person presiding at the
meeting or at the next ensuing meeting, and shall at all reasonable times and
without charge be open to inspection by any Member.
(2) [21][* * * * * * * * * * *]
12. Temporary association of Members with the Authority for particular purposes.– (1) The Authority may, [22][and when directed by the Provincial Government shall,] associate with itself in such manner and for such period as may be prescribed by rules made under section 51 any person whose assistance or advice [23][the Authority or Provincial Government] may desire in carrying out any of the provisions of the Act.
(2) A person associated with [24][* * *] the Authority, under sub-section (1) for any purpose shall have a right to take part in the discussions of the Authority relative to that purpose, but shall not have a right to vote at a meeting of the Authority, and shall not be deemed to be a Member for any other purpose.
13. Constitution and functions of committees.– (1) The Authority may, [25][and if directed by the Provincial Government shall,] from time to time appoint committees consisting of such persons of any of the following classes as it may deem fit, namely:-
(i) Members;
(ii) persons associated with the Authority under section 12;
(iii) other persons whose services, assistance or advice the Authority may [26][consider useful] as members of such committees:
Provided that no such committee shall consist of less than three persons and that at least one Member of the Authority shall be a member thereof.
(2) The Authority may [27][, and when directed by the Provincial Government shall,]
(a) refer to such committees for inquiry and report any matter relating to any of the purposes of this Act; and
(b) delegate to such committees by resolution, and subject to any rules made under section 51 [28][, or to any direction given by the Provincial Government,] any of the powers or duties of the Authority.
(3) The Authority [29][* * *] may at any time, [30][with the permission of the Provincial Government] dissolve, or, subject to the provisions of sub-section (1) alter the constitution of any such committees.
(4) Every
such committee shall conform to instructions from time to time given to it by
the Authority [31][or by the Provincial Government and in case of
conflict, instructions of the Provincial Government shall prevail.]
(5) All proceedings of any such committees shall be subject to confirmation by the Authority.
(6) Any person associated with the Authority under section 12(1) or appointed as member of a committee under clause (iii) of sub-section (1) shall be entitled to receive such remuneration as may be prescribed.
14. Meetings of committee.– (1) Committees appointed under section 13 may meet and adjourn as they think proper; but the Chairman of the Authority may, whenever he deems fit, call a special meeting of any such committee, and shall do so [32][, when directed by the Provincial Government or,] upon the written request of not less than two members thereof.
(2) The Chairman may attend any meeting of a committee appointed under section 13 whether he is a member of such committee or not, and shall preside at every such meeting at which he is present; if he be absent, any member present and being a member of such committee as may be chosen by the Committee, shall preside; provided that if only one member is present, he shall preside.
(3) All questions which come before any meeting of such committee shall be decided by a majority of the votes of the members present, the person presiding in case of equality of votes having a second or casting vote.
(4) No business shall be transacted at any meeting of such committee when less than two members or if the committee consists of more than eight members when less than one-fourth of such members are present.
In the case of an adjournment due to want of quorum, the provisions of section 11(1)(b) shall apply.
15. Members and associated persons of the Authority or committee not to take part in proceedings in which they are personally interested.– (1) A member who–
(i) has directly or
indirectly by himself or by any partner, employer, or employee, any such share
or interest as is described in the proviso to section 9, in respect of any
matter, or
(ii) has acted professionally, in relation to any matter on behalf of any person having therein any such share or interest as aforesaid,
shall not vote or take any other part in any proceedings of the Authority or any committee appointed under this Act relating to such matter.
(2) If any member, or any person, associated with
the Authority under section 12 or any other member of a committee appointed
under this Act, has, directly or indirectly, any beneficial interest in any
land, situated in any locality comprised in any scheme framed under this Act or
in any locality in which it is proposed to acquire land for the purpose of this
Act–
(i) he shall, before taking part in any proceedings at a meeting of the Authority or any committee appointed under this Act relating to such area, inform the person presiding at the meeting of the nature of such interest;
(ii) he shall not vote at any meeting of the Authority or any such committee upon any resolution or question relating to such land; and
(iii) he shall not take any other part in any proceeding at a meeting of the Authority or any such committee relating to such locality if the person presiding at the meeting considers it inexpedient that he should do so.
16. Power of the Authority to fix number and salaries of permanent servants and appointments of temporary servants in cases of emergency.– (1) Subject to such rules as the Provincial Government may make, the Authority may from time to time employ such servants as it may deem necessary and proper to assist in carrying out the purposes of this Act, and may assign to such servants such pay as it may deem fit [33][:]
[34][(i) provided that where the maximum of the grade fixed for a post exceeds one thousand rupees, the previous approval of the Provincial Government shall be necessary:
(ii) provided further that the Provincial Government may, by general or special order, specify the post or posts to which appointments shall not be made except with the previous approval of the Provincial Government.]
(2) The Chairman, in case of emergency, may appoint such temporary servants as in his opinion may be required for the purposes of this Act, and may direct that the salaries of such temporary servants fixed as the emergency may require, shall be paid from the funds of the Authority:
Provided that–
(i) he shall not act under this sub-section in contravention of any order of the Authority prohibiting the employment of any temporary servants for any particular work; and
(ii) every appointment made under this sub-section shall be reported at the next following meeting of the Authority.
[35][17. Power of appointment, etc.– Subject to the provisions of section 16 and to any rules for the time being in force, the power of promoting and granting leave to officers and servants of the Authority, and reducing, suspending, or dispensing with their services for any reason or dismissing them shall vest–
(i) in case of officers and servants whose maximum monthly salary does not exceed five hundred rupees, in the Chairman; and
(ii) in other cases, in the Authority:
Provided that any officer or servant in receipt of a monthly salary exceeding one hundred rupees who is reduced, suspended or dismissed by the Chairman or whose services have been dispensed with by him, may appeal to the Authority whose decision shall be final; subject to revision by the Provincial Government:
Provided further that in all other cases in which an officer or servant who has been reduced, suspended or dismissed by the Authority or whose services have been dispensed with by the Authority may appeal to the Provincial Government: and
Provided
still further that the Provincial Government may, by a general or special
order, direct that the incumbents of such of the posts carrying salaries not
exceeding one hundred rupees per mensem, as may be
specified by the Provincial Government, shall not be dismissed from service without
the previous permission of the Provincial Government.]
18. Control by Chairman.– The Chairman shall exercise supervision and control over all officers and servants of the Authority and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances.
19. Delegation of certain powers of Chairman’s functions.– (1) The Chairman may, by general or special order in writing, delegate to any officer of the Authority any of the Chairman’s powers, duties or functions under this Act or any rule made thereunder except those conferred or imposed upon or entrusted to him by sections 11 and 14, respectively [36][:]
[37][Provided that when the Chairman delegates any powers, duties or functions under this sub-section, the delegation shall be subject to the approval of the Authority.]
(2) The exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (1) shall be subject to such conditions and limitations (if any) as may be prescribed in the said order, and also be subject to control and revision by the Chairman or the Authority.
20. Supply of information and documents to the Government.– (1) The Chairman shall forward to the Provincial Government a copy of the minutes of the proceedings of each meeting of the Authority, within ten days from the date on which the minutes of the proceedings of each meeting were signed as prescribed in clause (e) of sub-section (1) of section 11.
(2) If the Provincial Government so directs in any case, the Chairman shall forward to it a copy of all papers which were laid before the Authority for consideration at any meeting.
(3) The Provincial Government may require the Chairman to furnish it with–
(i) any return, statement, estimate, statistics or other information regarding any matter under the control of the Authority; or
(ii) a report on any such matter; or
(iii) a copy of any document in the charge of the Chairman.
The Chairman shall comply with every such requisition without unreasonable delay.
[38][20-A. Powers of the Provincial Government to issue directions.– (1) In cases where, in the opinion of the Provincial Government, there is sufficient ground for proceeding under this sub-section, it may, by an order in writing, direct the Authority, or any of its Members, or employees, or any other person purporting or required to act under this Act or the rules made thereunder, or in pursuance of any order passed under this Act or the said rules, to abstain from a certain act or acts or to act in such manner or follow such policy as may be specified in the order.
(2) Without prejudice to the generality of the
provisions of sub-section (1), the Provincial Government may, by order in
writing, suspend the execution of any resolution or order of the Authority, or
prohibit the doing of any act which is to be done, or is being done under this
Act or the rules made thereunder, or in pursuance of any sanction or permission
granted by the Authority in the exercise of its powers under this Act or the
said rules, or if such act has been accomplished, may order its rectification
in such manner as may be specified, if, in its opinion, the said resolution, or
order, or act is in excess of the powers conferred by law.
(3) (i) When the provincial Government, after due enquiry, is satisfied that the Authority has made default in performing any duty imposed upon it by this Act, or by any order or rules made under this Act, the Provincial government may, by an order in writing, fix a period for the performance of that duty; and, should it not be performed within the period so fixed, the Provincial Government may cause such duty to be performed and may recover from the Authority the expenses incurred in doing so.
(ii) Should the expenses be not so paid within the
time specified, the Provincial Government may make an order directing the
person having the custody of the balance of the Authority fund to pay the said
expenses out of such balance or from time to time as and when he has such
balance in hand. The said person shall give priority to such payments over all
other charges against the Authority fund.]
CHAPTER IV
SCHEMES AND PROCEDURE TO BE FOLLOWED IN
FRAMING THEM
21. Scheme for development.– [39][(1)] The Authority may frame a scheme or schemes for the development of any local area or part thereof providing for all or any of the following matters:-
(i) The acquisition under the Land Acquisition Act, 1894[40], as modified by this Act, of any land or any interest in land necessary for, or affected by the execution of the scheme;
(ii) the acquisition by purchases, lease, exchange or otherwise of such land or interest in land;
(iii) the retention, letting on hire, lease, sale,
exchange or disposal otherwise of any land vested in or acquired by the
Authority;
(iv) the relaying of any land comprised in the
scheme, and reservation of any land not exceeding one-fifth of the total area
for the common purposes of the village or villages comprised in the scheme, and
the redistribution of the rest of the land among the owners of the property
comprised in the scheme, and management of lands reserved for common purposes;
(v) the layout and construction of towns, mandis, market places, villages and settlements including
the demolition of existing buildings, the erection and re-erection of buildings
by the Authority or by the owners, or by the Authority in default of the
owners;
(vi) the provisions of facilities for communication including the layout and alteration of roads, streets, foot-paths, bridle paths, aerodromes and water-ways;
(vii) the provision of open spaces, playing fields, national parks, nature reserves, forests and forest parks, camping grounds, camp sites, holiday camps and holiday villages, and cemeteries and places of religious worship;
(viii) the breaking up, cultivation, afforestation or plantation of lands, and the raising, lowering or reclamation of any land for the production of foodgrains, fruit, vegetables, fuel, fodder and the like and the provision of means of irrigation and irrigation channels by the Authority or by the owners or by the Authority in default of owners;
(ix) the draining, water-supply and lighting of streets and sanitation of villages and settlements, towns, mandis and market places;
(x) the provision of a system of drains or sewers for the improvement of ill-drained and insanitary localities;
(xi) the provision of fisheries, poultry farms,
live-stock farms, dairy farms sheep farms, bee-farms, sericulture farms and the
like;
(xii) the installation, management, maintenance and
encouragement of public utility undertakings, rural trades and crafts,
industries and works;
(xiii) the doing of all acts intended to promote the health, well being and prosperity of the residents of a local area, including the conservation and preservation from injury or pollution of rivers and other sources and means of water-supply, and establishment of educational institutions, dispensaries and nursing homes;
(xiv) the advance to the owners, occupiers or tenants of land comprised in the scheme upon such terms and conditions as to interest and sinking fund and otherwise as may be prescribed under the scheme of the whole or part of the capital requisite for breaking up and cultivation of land construction of water-courses, sinking of wells, purchase of cattle and of agricultural implements and machinery, for seeds and for any purpose subsidiary to agriculture and for erection of houses, godowns and cattle-sheds;
(xv) the establishment of an insurance fund for the insurance on a compulsory or voluntary basis of crops, and cattle, and the recovery of insurance premia and contributions and the distribution of benefits from the insurance fund subject to the provisions of any law applicable thereto;
(xvi) the execution of any scheme or part of the scheme by any department of Government on such terms and conditions as may be agreed upon between the Authority and the Provincial Government;
(xvii) all other matters which the Provincial Government may deem necessary to promote the general efficiency of a scheme or for the development of the local area.
[41][(2) Every provision made in a scheme for acquisition of land under clause (i) of sub-section (1) after the coming into force of the Thal Development Act (Amendment) Ordinance, 1955, shall be subject to the following limitations and conditions:-
(i) The land which is
outside the irrigation boundaries of the
(ii) If a person owns less than 15 acres of land within the irrigation boundaries it shall not be acquired.
(iii) If a person owns more than 15 but not more than 100 acres of land within the irrigation boundaries, not more than 50 per cent of the land in excess of 15 acres shall be liable to be acquired.
(iv) If a person owns more than 100 acres of land within the irrigation boundaries, not more than 75 per cent of the land in excess of 100 acres shall be liable to be acquired in addition to the land acquired under clause (iii) above in respect of the first 100 acres.
Explanation– ”Irrigation
boundaries” mean the boundaries determined by the Provincial Government to
which irrigation by the
22. Preparation, publication and transmission of
notice as to schemes, and supply of documents to applicants.– (1) When a scheme under this Act has been framed,
the Authority shall prepare a notice stating:-
(i) the fact that the scheme has been framed,
(ii) the boundaries of the locality comprised in the scheme, and
(iii) the place at which details of the scheme
including a statement of the land proposed to be acquired or on which it is
proposed to charge a development fee and a general map of the locality
comprised in the scheme may be inspected at reasonable hours.
(2) The Authority shall–
(i) cause the said notice to be published weekly for three consecutive weeks in the official Gazette and in a newspaper or newspapers with a statement of the period which shall not be less than 30 days, within which objections will be received; and
(ii) send a copy of the notice to the Chairman of the District Board in whose area the locality comprised in the scheme is situated and ask him to send any representation he may wish to make within six weeks from the date of the receipt of the copy.
(3) The Chairman shall cause copies of the documents referred to in clause (ii) of sub-section (1) to be delivered to any applicant on payment of such fees as may be prescribed.
23. Notice of proposed acquisition of land.– (1) During the thirty days next following the first day on which any notice is published under section 22 in respect of any scheme under this Act, the Authority shall serve a notice on–
(i) every person whom the Authority has reason to believe, after due enquiry, to be the owner of any immovable property which it proposes to acquire in executing the scheme or in respect of which it is proposed to charge a development fee;
(ii) the occupier or tenant (who need not be named) of such premises or land as the Authority proposes to acquire in executing the scheme.
(2) Such notice shall–
(a) state
that the Authority proposes to acquire such property or to recover a
development fee in respect of such property, for the purposes of carrying out a
scheme under this Act, and
(b) require such person, if he objects to such acquisition, or recovery of development fee, to state his reasons in writing (in duplicate) within a period of 30 days from the service of the notice.
(3) Every such notice shall be signed by, or by the order of the Chairman.
24. Abandonment of scheme, or application to Provincial Government to sanction it.– (1) After the expiry of the period respectively prescribed in clauses (i) and (ii) of sub-section (2) of section 22 and clause (b) of sub-section (2) of section 23, the Authority shall consider any objection or representation received thereunder and after hearing all persons making any such objection or representation who may desire to be heard or their representatives, the Authority may either abandon the scheme, or apply to the Provincial Government for sanction of the scheme with such modification (if any) as the Authority may deem necessary.
(2) Every application submitted to Provincial Government under sub-section (1) shall be accompanied by–
(i) complete plans and details of the scheme and an estimate of the cost of executing it;
(ii) a statement of the reasons for modifications (if any) made in the scheme as originally framed;
(iii) a statement of objections and representation, if any, received under section 22;
(iv) a list of the names of all persons (if any)
who have objected under clause (b) of sub-section (2) of section 23, to the
proposed acquisition of their property, or the proposed recovery of development
fee, and a statement of the reasons given for such objection; and
(v) a statement of the arrangements made or
proposed by the Authority for the resettlement or re-housing of persons who are
likely to be displaced by the execution of the scheme.
25. Power to sanction, reject or return scheme.– (1) [42][Subject to the other provisions of this Act,] the
Provincial Government may sanction, with or without modifications or may refuse
to sanction or may return for reconsideration any scheme submitted to it under
section 24.
(2) If a scheme returned for reconsideration under sub-section (1) is modified by the Authority, it shall be republished in accordance with section 22 in every case in which the modification affects the boundaries of the locality comprised in the scheme or involves the acquisition of any land not previously proposed to be acquired or the levy of development fee on land which was not previously proposed to be liable to such development fee.
26. Notification of sanction of scheme.– (1) Whenever the Provincial Government sanctions any scheme under this Act, it shall announce the fact by notification, and the Authority shall forthwith proceed to execute the scheme.
[43][(2) The notification under sub-section (1) in respect of any scheme shall not be called in question in a court of law or in any other proceedings save to the extent to which the scheme is inconsistent with the provisions of sub-section (2) of section 21.]
27. Alteration of scheme after sanction.– A scheme under this Act may be altered by the Authority at any time between its sanction by the Provincial Government and its execution:
Provided as follows:-
(a) if any alteration is estimated to increase the estimated net cost of executing a scheme by more than Rs. five laks or by 20 per cent of the said estimated net cost, whichever is less, such alteration shall not be made without the previous sanction of the Provincial Government;
(b) if
any alteration involves the acquisition, otherwise than by agreement, of any
land the acquisition of which has not been sanctioned by the Provincial
Government or the levy of development fee on land not previously liable to such
fee, the procedure prescribed in the foregoing sections of this chapter shall,
so far as applicable, be followed as if the alteration were a separate scheme.
28. Inclusion of different localities in combined schemes.– Any number of localities in respect of which the Authority has framed or has proposed to frame schemes under this Act may at any time, be included in one combined scheme.
29. Passing over of works and services to local bodies.– As soon as any scheme has been carried out by the Authority or at a later date, the Authority may, [44][with the permission of the Provincial Government], by written requisition call upon a local authority within whose jurisdiction any particular area covered by the scheme lies, to take over and maintain any of the work and services in that area and the local authority shall be bound to comply with such requisition.
CHAPTER V
POWERS AND DUTIES OF THE AUTHORITY
30. Powers and duties of the Authority.– [45][(1) Subject to such rules as may be made under section 50, the Authority may–
(a) undertake any works and incur any expenditure for the improvement and development of a local area; and
(b) enter into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.]
[46][* * * * * * * * * * * * *]
[47][(2)] Without prejudice to the generality of the powers conferred by the preceding sub-section, the Authority may–
(a) grant land vested in the Authority to any person on any condition it thinks fit, and for this purpose issue a statement or statements of conditions on which the Authority is willing to grant land to tenants:
Provided that no land which has been vested in the Authority for management on behalf of the Provincial Government shall be granted to any person without the statement of conditions having been approved by the Government:
[48][Provided further that where any land is given to a proprietor in lieu of land acquired from him by the Authority such land shall stand transferred in favour of such proprietor with full proprietary rights. The Provincial Government by notification shall determine the improvement fees for such land, which shall be recovered in such installments as may be prescribed and that amount shall be the first charge on such land;]
(b) resume the land so granted, or in the alternative impose a penalty not exceeding five hundred rupees, where the tenant is proved to the satisfaction of the Authority to have committed a breach of the conditions of the tenancy [49][and may resume the grant so made if the land forming the subject matter of the grant was acquired in contravention of the provisions of sub-section (2) of section 21:]
Provided that before an order is made under this clause, the tenant shall be given an opportunity to appear and state his objections:
Provided further
that in a case of resumption, the tenant shall be liable to restore possession
forthwith, but will be entitled to compensation for the standing crops and for
improvements made by him during the tenancy;
(c) notwithstanding anything contained in section 3 of the Consolidation of Holdings Act, 1936[50], hereinafter in this section referred to as the said Act, prepare or confirm schemes for consolidation of holdings in any locality by redistribution of title or any of the lands therein, so as to reduce the number of plots in the holdings, and order payment of compensation to any person who has received an allotment under any such scheme of consolidation of less market value than his original holding to be paid by all or any of the other persons affected by the said scheme and in such proportion as the Authority may decide. The duties of the Consolidation Officer under the said Act shall be performed by such officer as may be appointed by the Authority in this behalf. The provisions of the said Act will apply mutatis mutandis to the proceedings under this clause except that section 3 of the said Act shall be deemed to have been deleted;
(d) take over and manage Government lands on such terms and conditions as may be agreed upon between the Authority and the Government;
(e) regulate by general or special order the use of land and restrict or prohibit the carrying of any offensive or unwholesome trade or the construction of building or structure;
(f) direct in respect of any area–
(1) the levelling, terracing and embankment of fields,
(2) the construction of earthworks in fields or ravines,
(3) the provision of drains for storm water,
(4) the training of streams, and
(5) the execution of such other works as are necessary in the opinion of the Authority to project the land from the erosive action of wind or water, or for the development of such area or for the exploitation of its mineral or water resources;
(g) direct that any work which has been required to be done by any person under the preceding clause, and which remains undone, shall, after due notice to such person and consideration of any objection raised by him, be executed by the Authority, and specify the portion in which the risk and expense of such work shall be borne by such person, or by any other person who is held by the Authority, upon due enquiry after reasonable notice to him, to be responsible for the execution of such work, in whole or in part;
(h) regulate, restrict or prohibit by general or special order in respect of any area–
(1) the clearing or breaking up of land for cultivation,
(2) the quarrying of stone and the burning of lime or charcoal,
(3) the admission, herding, parking and retention of cattle,
(4) the felling, girdling, lopping, tapping or burning any of tree or timber, and
(5) the kindling, keeping or carrying of any fire;
(i) direct the growing of a particular kind or type of crops or trees in a particular area and prescribed rotation of crops to be followed;
(j) undertake the breaking of land, planting of trees, construction of water-courses and to all necessary acts to bring land vested in the Authority under cultivation;
(k) advance money either by way of grant or by way of loan, or partly in one way and partly in the other, to any person for the purpose of furthering any of the objects of this Act on such terms and conditions as to recovery of interest and subject to such terms and conditions as may be prescribed by the Provincial Government;
(l) make arrangements for the marketing of the produce and manufactures of the local area;
(m) promote and undertake research on any matter in furtherance of this Act.
[51][(3)] Any general order made under this section shall be published in such manner as may be prescribed.
31. [Power of Controlling, Letting of land and rights of tenants.] Omitted by the Thal Development (Amendment) Act, 1955 (XX of 1955) section 71.
32. Power of Authority for facilitating the movement of population.– In order to facilitate the movement of the population in and around a local area, the Authority may from time to time–
(a) subject to any conditions it may deem fit to impose–
(i) guarantee the payment from the funds at its disposal, of such sums as it may deem fit, by way of interest on capital expended on the construction, maintenance or working of means of locomotion; or
(ii) make such payments as it may deem fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work any means of locomotion; or
(b) either singly or in combination with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable there to; or
(c) construct or widen, strengthen or otherwise improve bridges:
Provided
that no guarantee or subsidy shall be made under clause (a) and no means of
locomotion shall be constructed, maintained or worked under clause (b) without
the previous sanction of Provincial Government.
33. Power to make surveys or contribute towards their cost.– The Authority may–
(a) cause a survey of any land to be made when it considers that a survey is necessary or expedient for the carrying out of any of the purposes of this Act; or
(b) contribute towards the cost of any such survey made by any other authority.
34. Power of entry.– (1) The Chairman or any person athorised by him in writing may enter upon and survey any land, erect pillars for the determination of areas and intended lines of works, make borings and excavations for the discovery of water or any minerals, construct channels and aqueducts for securing the flow of water, and do all other acts which may be necessary in order to carry out all or any of the objects of the Act:
Provided that when the affected land does not vest in the Authority, powers conferred by this clause shall be exercised in such manner as to cause the least interference with, and the least damage to the rights of the owner therein.
(2) When any person enters into or upon any land in pursuance of sub-section (1), he shall at the time of entering 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 [52][Collector] whose decision shall be final.
(3) It shall be lawful for any person authorised under sub-section (1) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier–
(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and
(b) if the occupier or owner, as the case may be, is absent, or being present, refuses to open such door, gate or barrier:
Provided that compensation shall be paid for the damage caused in such manner as the Authority may prescribe, and, in case of dispute as to its adequacy, the matter shall be referred to the [53][Collector] whose decision shall be final:
[54][Provided further that such entry shall not be made without reasonable notice to the owner or occupier which may be served by affixing a copy of the notice on the outer door, gate or other barrier.]
CHAPTER VI
ACQUISITION, ABANDONMENT OF ACQUISITION AND LEVY OF DEVELOPMENT FEE
35. Modification of Act I of 1894.– For the purpose of compulsory acquisition of land by the Authority, the Land Acquisition Act, 1894[55], shall be deemed to have been modified as indicated in the Schedule to this Act.
36. Acquisition of land in urgent cases.– (1) The Provincial Government may by notification in the official Gazette declare any locality comprised in a local area to be required immediately for resettlement of refugees, as defined in [56][any law for the time being in force or for development], or any other purpose, and direct the Authority to undertake in respect of such locality all or any such matters as may be included in a scheme under section 21.
(2) After a notification has been issued under sub-section (1) in respect of any locality the Authority may apply to the Collector who after giving such reasonable notice to the owners and occupiers as may be prescribed, shall deliver possession of any land in such locality to the Authority and the land shall thereupon, notwithstanding anything contained in the Land Acquisition Act, 1894, vest absolutely in the Authority free from all encumbrances subject only to payment of compensation under the Land Acquisition Act, 1894, as modified by this Act.
[57][(3) When the possession of any land has been delivered to the Authority under sub-section (2), it shall do all acts in respect thereof in order to comply with the directions contained in the notification issued under sub-section (1).]
[58][(4) In respec