N.-W.F.P. Public Property (Removal of Encroachment) Act 1977

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ACT V OF 1977 NORTH‑WEST FRONTIER PROVINCE PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) ACT, 1977

An Act to provide for measures for removal of encroachment from public property

[Gazette of N.‑W. F. P., Extraordinary, 23rd June 1977]

(First published after having received the assent of the Governor of the North‑West Frontier Province. in the Gazette of North‑West Frontier Province, (Extraordinary). dated the 23rd June, 1977).

No. Legis. 1 (10)/76.‑The North‑West Frontier Province Public Property (Removal of Encroachment) Bill, 1977. having been passed by the Provincial Assembly of the North‑West Frontier Province on 17th June, 1977. and assented to by the Governor of the North‑West Frontier Province on 22nd June, 1977, is hereby published as an Act of the Provincial Legislature of the North‑West Frontier Province.

Preamble.‑ Whereas it is expedient to provide for measures for removal of encroachment from public property and for matters ancillary thereto;

It is hereby enacted as follows :‑‑

ACT V OF 1977

NORTH‑WEST FRONTIER PROVINCE PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT) ACT, 1977

  1. Short title, extent and commencement.‑(1) This Act may be called the North‑West Frontier Province Public Property (Removal of Encroachment) Act, 1977.

(2) It extends to the whole of the North‑West Frontier Province.

(3) It shall come into force at once.

  1. Definitions.‑In this Act, unless there is anything repugnant in the subject or context :‑

(a) "autonomous body" means a board, corporation, institution, organisation, authority or other body established by Government or, which is incorporated under any Provincial law, and includes a University or Board of Intermediate and Secondary Education established under Provincial law;

(b) "building" means a building or part thereof and the land appurtenant thereto;

(c) "encroachment" means unauthorized occupation, temporary or permanent, of public property;

(d) "Government" means the Government of the North‑West Frontier Province;

(e) "land" includes land under water, well, foot‑path, road, tunnel culvert, nala, bridge and street;

(f) "Local Council" means a council constituted under the North‑West Frontier Province Local Government Ordinance, 1972 (N: W. F. P. Ord., Ill of 1972), or any law relating to Local Government for the time being in force;

(g) . "Prescribed" means prescribed ‑ by rules made under this Act;

(h) "public property" means a building. land, place or premises, which vests in, or is in the possession or under the management or control, of Government, Local Council, autonomous body, or such other authority;

(i) "Tribunal" means a Tribunal constituted under section 12;

(i) "unauthorized occupant" means a person who his made encroachment on or is in occupation of, any public property without the express permission or authority of a competent authority and includes‑

(i) a lessee or licensee who after the expiry of the period of lease or licence or on determination of such lease or licence, continues to remain is occupation of any public property;

(ii) a person inducted into any public property by the lessee or licensee thereof; and

(iii) every member of the lessee's or licensee a family who remains in occupation of any public property after the expiry of the period of lease or licence :;f after the determination of the lease or licence in respect of the' same.

  1. Removal of structure.‑‑(1) If Government, or any authority or officer authorized by Government In this behalf, is satisfied that any person is an unauthorized occupant, it or he may, by order in writing, direct such person to vacate the public property and to remove the structures, if any, raised by him on the public property, within such period as may be specified in the order; provided that such period shall not be less than three days.

(2) The order under subsection (I) may be served b;‑‑

(a) giving or tendering it to the unauthorised occupant or any adult male person residing with him; or

(b) affixing it at a conspicuous place on or near the public property to which it relates.

  1. Review.‑(1) Any person aggrieved by an order made under section 3 may, within seven days of the service thereof, prefer act review petition to Government or any authority or officer who has made such order.

(2) Government or, as the case may be, the authority or officer a‑4 aforesaid, may, after considering the review petition filed under subsection (t) and after giving the petitioner or his &V authorized agent an opportunity of being heard, confirm, modify or vacate the order.

  1. Eviction.‑‑ (1) If any person on whom order under section 3 has been served refuse or fails to vacate the public property or remove the structure raised thereon, within seven days of the date of service of such order, or where a review petition is filed against such order, within three days of the date of dismissal of such review petition, any officer authorized in this behalf by Government may, notwithstanding anything contained in any other law for the time being in force, enter upon such property by evicting such person and may also demolish and remove the structures, if any erected or built by that person;

(2) For the purpose of recovering possession of any public property under the provisions of subsection (1), an officer authorized by Government in this behalf may use or cause to be used such force as may be necessary.

(3) If any officer authorized to take action under subsection (1) requires police assistance, he may send requisition to the officer‑in‑charge of a police station within whose local jurisdiction the public property is situate and such police officer shall on such requisition under the assistance required.

  1. Recovery of cost of demolition and removal of structures..‑The cost of demolition or removal of structures under section 5 may be recovered as arrears of land revenue from the person in whom the ownership of the structures vested at the time of their demolition and removal.

  2. Recovery of arrears of rent.‑If any rent payable in respect of any public property has been in arrears on the day d recovery of possession of such property, the amount due on account of such arrears, with interest, if any, accrued thereon shall be recoverable as arrears of land revenue.

  3. Punishment.‑‑(1) Any person who has made encroachment shall be ,punished with imprisonment of either description for a term which tray extend to six months or with fine which may extend to three thousand rupees or with both.

(2) The officer appointed for preventing encroachment in any area who directly or indirectly connives at, or assists in, the commission of the offence of encroachment or persistence of such offence. or due to whose negligence of duty such offence is committed or persists, shall be punished as an abettor.

(3) Where the officer‑in‑charge of police station wilfully fails or avoids to provide the necessary police assistance under subsection (3) of section 5, he shall be punished as an abettor of the offence of encroachment.

(4) Any person who is an abettor within the meaning of subsection (2) or (3) shall be punishable with the same punishment as is provided in subsection (1) of this section.

  1. Cognizance of offence and mode of trial.‑(1) No Court shall take cognizance of an offence under this Act, except on a complaint in writing made by an officer authorized by Government in this behalf,

(2) Government may, by notification in the official Gazette, direct that an offence under this Act, shall be tried in summary way in accordance with the procedure prescribed in Chapter XXII of the Code of Criminal Procedure, 1898 (Act V of 1898).

  1. Delegation of powers. ‑Government may, by notification in the official Gazette, delegate all or any of its powers under this Act, to any officer subordinate to it or any Local Council, autonomous body or other authority.

  2. Bar of jurisdiction and abatement of suits: (1) No civil Court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation tea a dispute that any property is not a public property, or that any lease or licence in respect of such public property has not been determined for the purpose of this Act or anything done or intended of purported to be done under this Act.

(2) All suits, appeals and applications relating to encroachment or disputes referred to in subsection (1) and pearling in any Court shall abate on the coming into force of this Act ;

Provided that a party to such suit, appeal or application may, within thirty days of the coming into force of this Act, file a suit before a Tribunal in case of a dispute that any property is not a public property or that any lease or licence in respect of such public property has not been determined.

  1. Tribunal.‑(1) Government may, by notification In the official Gazette, constitution a Tribunal and specify the area in which such Tribunal shall exercise its jurisdiction.

(2).The Tribunal constituted under subsection (1) shall consist of a District Judge, or Additional District Judge, or District Magistrate, or Additional District Magistrate with experience of not less than three years as such Magistrate, gas Government may appoint.

  1. Exclusive jurisdiction.‑A Tribunal shall have exclusive jurisdiction to adjudicate upon a dispute that any property is not a public property or that any leas;, or licence in respect of such public property has rot been determined for the purpose of this Act.

  2. Procedure and Powers of the Tribunal.‑(1) A Tribunal shall decide any suit or application in such manner and in accordance with such procedure as may be prescribed.

(2) Any order mace by the Tribunal which conclusively determines the rights of the parties with regard to all or any of the matters in controversy under this Act. shall be final and binding on the parties.

(3) The Tribunal shall have powers of a civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), as to‑

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

(h) receiving evidence on affidavits; _

(c) compelling the production of documents ;

(d) issuing commissions for examination of witnesses or documents:

(4) The proceedings before the Tribunal shall be judicial proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code (Act XLV of 1860).

  1. Transfer.‑Government may transfer any case from one Tribunal to another Tribunal.

  2. Indemnity. No suit or )egad proceeding shall lie against Government or any authority or person in respect of anything which is in good faith done or intended to be done under this Act.

  3. Power to make rules.‑Government may make rules for carving out the purposes of this Act.

  4. Repeal ‑.‑The West Pakistan Autonomous Bodies Immovable property (Ejectment of Unauthorized Occupants) Ordinance, 1965 (W. P. Ord. XXXVII of 1965), and the West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance, 1966 (W. P. Ord. TX of 1966), Rind the North‑West Frontier Province Public Property (Removal of Encroachment) Ordinance, 19?7 (North‑West Frontier Province Ord. No. VII of 1977), are hereby repealed.

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