N.-W.F.P. Land Acquisition (Amendment) Ordinance 2001

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NORTH-WEST FRONTIER PROVINCE LAND ACQUISITION (AMENDMENT) ORDINANCE, 2001

ORDINANCE XVII OF 2001

An Ordinance further to amend the Land Acquisition Act, 1894

[Gazette of N.-W.F.P., Extraordinary, 22nd August, 2001]

**No.Legis: 1(2)/71/II/4258, dated 22-8-2001.**The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:---

Whereas it is expedient further to amend the Land Acquisition Act, 1894 (Act No.1 of 1894), including the amendments necessitated in pursuance of the judgment of the Supreme Court of Pakistan in Shariat Appeal No.7/89;

And whereas the Governor is satisfied that circumstances qxist which render it necessary to take immediate action;

Now, therefore, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, as amended uptodate, and the Provisional Constitution Order No.1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:

NORTH‑WEST FRONTIER PROVINCE LAND ACQUISITION (AMENDMENT) ORDINANCE, 2001

[Gazette of N.‑W.F.P., Extraordinary, 22nd August, 2001]

**No.Legis: 1(2)/71/II/4258, dated 22‑8‑2001.**The following Ordinance by the Governor of the North‑West Frontier Province is hereby published for general information:‑‑‑

1. Short title and commencement.‑‑(1) This Ordinance may be called the North‑West Frontier Province Land Acquisition (Amendment) Ordinance, 2001.

(2) It shall come into force at once; provided that sections 7, 9 and 13 shall be deemed to 'have taken effect on the 30th day of September, 1991.

2. Amendment of section 3 of Act I of 1894.‑‑‑In the Land Acquisition Act, 1894 (Act No. 1 of 1894), hereinafter referred to as the said Act, in section 3, in clause (c), the words "and any officer specially appointed by the Board of Revenue or Commissioner to perform the functions of a Collector under this Act", occurring after the words "Deputy Commissioner", shall be deleted.

3. Amendment of section 9 of Act I of 1894‑‑‑‑In the said Act, in section 9, in subsection (5), for the words "on the Department of Government", the words and comma "on the Provincial Government, the Federal Government" shall be substituted.

**4. Amendment of section 11 of Act I of 1894.‑‑‑**In the said Act, in section 11, for the words "and a Department of Government", the commas and the words "including the Provincial Government, Federal Government" shall be substituted.

5. Insertion of new sections 11‑A and 11‑B to Act I of 1894.‑‑‑In the said Act, after section 11, the following new section shall be inserted, namely:

"11‑A ++Acquisition through private negotiation++ .‑‑‑(1) There shall be no private negotiation for acquiring land under this Act, except as provided in subsection (2).

(2) The head of the Department concerned of Government or the Ministry concerned of the Federal Government, as the case may be, may, where expedient, request the Collector of the District concerned in writing to acquire land through private negotiations which shall be subject to such instructions or directions as Government may, from time to time, issue in this behalf.

11‑B ++Process of acquisition++ . ‑‑‑The whole process of acquisition of land should be completed within a period of six months from the date of notification under section 4, or where it is not completed within the stipulated period, the reason for delay shall be explained by the Collector in his award, which, if not satisfactory, may hold him personally responsible for the delay and may result in disciplinary proceedings against him".

6. Amendment of section 17 of Act I of 1894.‑‑‑In the said Act, in section 17, in the proviso to subsection (1), for the words "Department of Government", the words and comma "Provincial Government, the Federal Government" shall be substituted.

7. Amendment of section 18 of Act I of 1894.‑‑‑In the said Act; in section 18, for subsection (4), the following shall be substituted, namely:‑

"(4) Notwithstanding anything to the contrary contained in section 21, the Federal Government, the Provincial Government, a local authority or a Company, as the case may be, for or on behalf bf whom the land is being acquired, 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 and determination of the objection against the award."

8. Amendment of section 20 of Act I of 1894.‑‑‑In the said Act, in section 20, in clause (c), for the words "and the Department of Government", the words and comma "and the Provincial Government, the Federal Government" shall be substituted.

9. Amendment of section 22A of Act I of 1894.‑‑In the said Act, in section 22A, between the words and comma "The Provincial Government," occurring in the beginning, and the words "or a local authority", the words "the Federal Government" shall be inserted.

10. Amendment of section 23 of Act I of 1894.‑‑In the said Act, in section 23, in subsection (1), for the words and figures "firstly, the market -value of the land on the date of the publication of the notification under section 4, subsection (1)", the words and comma "firstly, the market‑value of the land on the date of taking possession of the land" shall be substituted.

11. Amendment of section 28 of Act I of 1894.‑‑ In the said Act, in section 28, for the words "pay simple interest on such excess at the rate of six 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", the words "deposit with the Court such amount as determined by it" shall be substituted.

12. Amendment of section 31 of Act I of 1894.‑‑In the said Act, in section 31,‑‑

(1) in sub‑section (1),‑‑

(i) in clause (a),‑‑

(a) between the words "Provincial Government", occurring for the first time, and the word "accept", the words and commas "or the Federal Government, where the land has been acquired for the Federal Government,"

(a) between the words and comma "Provincial Government,", occurring for the second time, and the words "whichever is later", the words and commas "or the Federal Government, as the case may be," shall be inserted; and

(b) between the words and comma "Provincial Government,", occurring for the second time, and the words "whichever is later", the words and commas "or the Federal Government, as the case may be," shall be inserted; and

(ii) in clause (b), for the words "Provincial Government", wherever occurring, the words and commas "Federal Government or Provincial Government, as the case may be," shall be substituted; and

(2) in subsection (3), between the word "Commissioner" and the words "instead of awarding", the commas and the words", or where the land has been acquired for a public purpose on behalf of the Federal Government, with the sanction of the Federal Government," shall be inserted.

13. Amendment of section 50 of Act I of 1894.‑‑In the said Act, in section 50, in subsection (2), the colon shall be replaced by a full‑stop and the proviso appearing thereafter shall be deleted.

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