1951 : Pb. Act X.] DEVELOPMENT OF DAMAGED 17
AREAS
THE PUNJAB DEVELOPMENT OF DAMAGED AR
ACT, 1951. i
TABLE OF CONTENTS
SECTIONS
1. Short title, extent and' commencement. Definiticns.
Schemes 'for the development of a damaged area. Publication of schemes.
vv
&
w
N
Decision of objections and publication of the sanctioned scheme.
Acquisition of 'damaged area through the Collector. Magistrate to enforce surrender of land. Marking and measuring.
co
Pe
N
S
Notice inviting claims to compensation and objections.
10. Occupier to disclose other intereste d persons.
11. Enquiry into claims and objections.
12. Execution of scheme by the Trust.
13. Total compensation, how calcul ated.
14, Collector's award to be filed. 15, Trust may make reference to the Tribunal.
16. Payment of compensation by Collector.
17, Deposit of compensation in Treasury.
18. Jurisdiction of other courts barred.
19. Persons interested may require reference to Tribunal s.
20. Statement of case by Collector on references.
41. Notice by Tribunal to persons interested,
22. Scope of enquiry.
23. Decision of Tribunal.
24. Costs.
1
LK
pMENT OF DAMAGED [1951 : Ph,
18 DEVE a AREAS Act aor
x.
25. Interest ot to be award ed, —
26. Collector to disburse amount awarded in e xcess
Tribunal,
by
27. Power tosummon the witnesses.
28. Mceting of Trust to sanction proceedings,
29. Consequences. of erection, etc. in contrayent; sanctioned scheme. €
ntion gf
30. Protection of Government, etc.
6
a a body »
31. Penalties. Initiation of complaints. mR
2
» p 1961 : Pb. Act X.] DEVELOPMENT OF DAMAGED
19
AREAS
THE PUNJAB DEVELOPMENT OF D
AREAS ACT, 1951. ia ce PuNnJAB AcT No. X OF 1951. [ Received the assent of the Preside nt on the 1th Ma 19
and first published in the Punjab Go vernment acatte
(Extraordinary) of May l
l, 1951.]
|
1 | 2
3 4
Year No. Shor t title Whet her repealed or otherwis e
affected by legislation |
1951 x | The Pun
jab Develop- Amended by Punjab Act No. 25 of 1964?
by the Punjab Reorga- ment of Damaged
Amended
Areas Act, 1951 n isation (Chandigarh) (Ad aptation of
Laws on State and Conc urrent Subjects)
Order, 1968.
e for the Development of Damaged Areas. An Act to provid
IT is hereby enacted as follows :—
1. (1) This Act ma y be cited as the Pun jab Develop- Short titl e, easeat
ment of Damaged A reas Act, 1951.
ment.
(2) It extends to the whole of s1Union territory of
Chandigarh].
|
(3) It shall come into force at once within the local ovement Trust, and in other
area of the Amrits ar Impr
areas on such da te as the 2[Centr al Government] may, by
notification, specify
.
~~ aFor § —— ——pjects
and | 5,
Soc ounlab Gover tte (Extra-
1For Statement of Objects d Reasons, sev P jab Government Gazette (2
ind
, »ding
s in the Assemb ly, seé Punja Legislative
ordinary)
tes, V B35 P igs, pages (20) 75—(20) 94 and
(21) g5—(21) 138. Assembly Debates , Volume III, 19
51
sce Punjab Gover nment Gazette (Extra-
2For Statement of Objects and R easons,
ordinary), 1964, pag e 935-37.
.
"piniab" by the Pu njab Reorganisation (Chandi-
Substituted for the word sie and Concurrent Subjects) Orde r, 1968-
garh) (Adaptation
of Laws on
3
20° DEVELOPMENT OF DAMAGED [1951 : Pb. Act X.
AREAS
Definitions. 2. Inthis Act, unless there is anything repugnant in the subject or context,— . .
(a) "Building", "Building Line', Local prea
"Street Alignment," "Tribunal ie i other words and expressions not define ns — Act have the same meaning as assigned to them Ill of it in the Punjab Municipal Act, 1911, the East E. Pb. Ac Punjab Damaged Areas Act, 1949, and ce nab.
Punjab Town Improvement Act, 1922, asthe ty ¢r 19%
case may be ;
(5) "Collector" means a Collector as defined in the Land Acquisition Act, 1894 ;
(c) "Cost of a Scheme" includes all expenses in- curred by an Improvement Trust in the prepa- ration, supervision and execution of the Scheme ;
(d) "Damaged Area" means an area which the [Central Government] may, by notification, declare to be a damaged area and shall include the areas already notified under the East E. Pb. Act X Punjab Damaged Areas Act, 1949 : aa
(e) "Improvement Trust" or "Trust"? means an Improvement Trust constituted under the Punjab Town Improvement Act, 1922: ee on (f) "Land " includes benefits to arise out of lands and things attached to the earth or permanent- ly fastened to anything attached to the earth; (g) "Notify" means to publish in the Official Gazette ;
(h) "Persons interested" includes _ all persons' Claiming an interest in compensation to be awarded 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 assessment affecting that land; (i) "Prescribed" means prescribed by rules made under this Act. I of 1894,
{Substituted for the words "State | Government" by the Punjab Re-organi ti
( Chandigarh) (Adaptation of Laws on State and Concurrent Subs Order, 1968,
4
1951: Ph. Act X.]) DPVELOPMPNT oF DAMAGED 21
ARFAS
3. The Trust may frame a scheme or achemes forthe Sehemes of the development ofa damaged area, providing for all or a development of @
£4) ters tj . i \ al ' Af ny demaged area.
of the matters mentioned in section 28 of the Punjab Town b A { * , ~ ' ( 9 6 ¢
Ti) Main Act Improvement Act, 1922 , and any scheme already framed or sanctioned in respect of a damaged area under the pro- visions of that Act shall be deemed to have been framed or sanctioned under this Act.
4. (J) When a scheme has been framed or deemed Publication of to have been framed under this Act, the Trust shall publish 'hem a notice in the Offical Gazette and two newspapers, one at least with a circulation in both India and Pakistan— unless the entry into Pakistan of the newspapers publish- ed in India is banned, in which case both papers shall be such as have circulation in India, stating :—
(a) the fact that the scheme has been framed ;
(b) the boundaries of the locality comprised in the scheme ; and
(c) the place where and the time when details of the scheme, including a statement of the land proposed to be acquired and a general map of the locality comprised in'the'scheme, may be inspected.
(2) Such notice shall also prescribe the period during which objections to the scheme will be received. 5, (1) After considering the objections, if any, wh ich Pens an hatte
may be received by the Trust during t
he perio tion of the sane
rescribed, the Trust may approve t
he scheme with or tioned scheme.
without modifications.
(2) Assoon as the scheme has bee n approved by the
Trust, it shall submit the schem e and a statement of .ob- jections received to the [Cent ral Government}, and the 1Central Government] may modify the scheme, !
necessary.
~~
'ab Reorganisation
ISubstituted for the words "State Government" by the, Subjects) Order, 1968. (Chandigarh) (Adaptation of Law
s on State and Concurren
5
MENT OF DAMAGED [1954 : ip 22 DEVELOP) ARBAS b, Act ,
nt] shall ¢}, The [Central Governme ha en mn. sche either in original o das mea ied by it a th e e published shall be deemed to be the sand in scheme. ne d
icati b-séction 3 The publica on under su (3) sh
concise evidence that a scheme' has been duly fra! be :
m
and sanctioned.
ed
5) The provisions of the Punjab Town Impro mei ck 1922, shall apply, to the extent they are ang tS cable, to all schemes framed and sanctioned Under thi. Act in so far as they do not conflict with or are Not incon. sistent with the provisions of this Act. a, 6. (1) The Trust Shall, within thre: months from the
through the Collec: date of publication of the scheme under Sub-section (3) of
tor.
Section 5, apply to the Collector for the acquisition of any damaged area comprised in the scheme and, if considered necessary for the immediate delivery of the PoSsession of the whole or any part of such area to the Trust,
(2) Notwithstanding anything contained in any other law for the time being in force, the Collector may accept the application made to him under the foregoing sub-
Section and forthwith deliver , or cause to be delivered, to
the Trust Possession of the damaged area for which the application has been made, and on such order being made, the area shall thenceforth vest¥absolutely in the Trust free
rom all encumbrances but subject to the payment in due
Course of Compensation by the Trust in accordance with
the Provisions of this Act
Provided that possessj
di
f
ae
On of any building or part ol a
ryding shall Not be taken unless its sccipier has been
B ve at dj Cast two weeks' Notice, or such longer notice as
, Considered reasonably Sufficient to enable him to remove
5 Moveable Property fro LO € é se l : nnece
"ary inconvenience py hinge building without u fart 'Substitued far she
6
1951 ; Pb. Act X,] 1951 ; Ph. Act A. DEVELOPMENT OF ME Y DAMAQET ARRAS ed + If the Collector ot
* a
i 'ctor or
any person acti
;
rity 18 opposed
or obst ruc
ted i the de
livery" uncer
autho- Magletrate
to ete
under section
6. he shall, if hi . liver
y of possession tee werender of
enforet the § as himself a '{ Judicial Magist — "
+ "44 e surrendet of the land to the im provernont ad
—* me iS not himself a V Judicial Magistrate ] appl 'hae
(Judicia Magistrat
e] for this pu rpose, and ae oO 4
trate shall enforce the surr ender ot the land to the i. m-
provement Trust,
g. After possession of t he land | se { 1as been deliv er arki
the Trust, the Collecto r shall have the land einiess this saring. _ has already been done) d emarcated and measured and, if
no plan of the site exist s, have a plan prepared.
(1) The Collector shall then cause notices to be : Notice inviting
9.
sted at convenient places on or near the land comprised claims to com.
nsation and
in the scheme, stat
ing that claims to
com ensati
. .
ion for all pr interests in such land may be made to hi m. N objec
tions
(2) Such notice s hall—
(a) give full particula rs of the land; and
(b) specify the dat e, time and place when
sons interested in the land are requir ed to ap"
pear before the Collector to state the mature 0
their respective in terests in the land , any ob-
jections which t hey may have to make to the
demarcation
or measuremen
ts of the la
nd in
the extent
anc
which th y are interested an
nature of their cl aims to compensa tion .
Provided that
this date shall not be earlier than
ate of posting of the
fifteen days fro m the d
notices: an
Provided furth er, that a pe
rson interested §=may
appear persona lly or by ag
ent and the C
ollector
may in any
case require
the statement
to be
ed by the pa
rty or
made in writi
ng and sign
agent.
3) The Collec tor shall als o give noti ce to the sa me
Mt
'f any, of suc h land and t o all such
J
——e ee
effect to the occ upier, 1 an
Substituted fo r the word ""M agistr
25 of 1964.
ate" by Pun
jab Act No
.
| e e
e
a
l
7
ar ( e > SEVELOPMENT OF DAMAGED [1951 + Pb. Act y
OEE AREAS
tat interested or fo be enti -nown or believed to be int It- yersons known interested, if such persons or thei, | act for persons so ied to act for | to receive service on their behalf resiq, agents authorised to recely ' _ OF within the revenue district in which the land is situated.
'Son i terested resides else. 4) In case any person so nle P
whers And has no such agent, the notice shall be sent t
him by post in a letter addressed to him at his last known
residence, address or place of business.
(5) In case whereabouts of any such person are not known , such notice may be given by publication in a news. paper of the descriplion given in sub-section (1) of section 4, and if such notice has been published in such news- paper not less than fifteen days before the date of hearing ex parte proceedings may be taken if the person 'does no. appear on that date.
Occupier to disclose 10. (/) The Collector may also require any such ercons, "Sd nerson fo make or deliver (o him, on a date anda place persons. : . 1 Ane . : mentioned in the requisition (such date not being earlier than fifteen days from the date of the requisition) a state- ment 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, mott- gagee, tenant or otherwise, the nature of Such interest and the rents and profits, if any, received or receivable on this account for the three years preceding the date of the Statement. . |
(2) Every person required to make or deliver a State- ment under this section or section 9 Shall be deemed to be legally bound to do so within the meaning of sections 175 XLV and 176 of the Indian Penal Code, 1860, | 7860 snduiry intoclaim 11, On the date f ixed under sub-section (2 and objections, section 9, or on any other date to Which the acne be adjourned, the Collector shal] Proceed to enquire jnto the objections filed under the aforesaid sub-section (2) (b) into the respective interests of the a €rsons clai ' pensation, and Shall determine— P ming com
(a) the true area of the land ;
8
1951 . b. Act X.] - aed ,
Le
AREAS
(hb) the market value ' 7 ' al t he {1
. é the scheme under section 41) Pan of
(i) the land,
(ii) all material standing on them, and
(c) - value of plots, the mate rial thereon and
other sources of income remai ning outstandin
as notified by the 1¢Central Go vernment] under
section 12 ; and
(d) the extent of the interest of every pe rson
claiming compensation, and the market value of the interest of suc h persons at the time
0
publication of the sche me under section 4(/).
12. (J) On possession of the land compri sed in any Execution =
scheme ty the
sanctioned schem e being delivere d to the Trust, it shall 7
proceed to execu te the scheme. - ie.
yes
(2) The T ust s hall, as soon as after—but rot later
than three years from the d
ate of the sanct ion of the
schem,—submit for the scrutiny of the {Centra l Go-
vernment] 'an accurate st
'ch shall contain the
following parti culars -—
(a) the actual cost of the sch eme,
(b) the inco me derived fr om the scheme ; |
. (ec) the. par ticulars and the estimated value of the plots and any material thereo n that remain {0
'be sold; an a -.
es
d) the esti mated value of the ot her sources of
from tl
scheme wh ich remain Government ] shall, a fter such otify the det ails of the
3)
scrutiny aS it may deem necessary,
1
aforesaid statement. |
-
os
me
f
"Sta » by the' Punjab Reorganisation (OF tal words
ys 01 oan
Concurren!
Subjects) Order, 1968+
'Substituted
(Chandigarh
) ( Adaptati
on of Law
08
|
26 DEVELOPMENT OF DAMAGED [1951 : Ph, Act x
AREAS
Total compensa- 13. (J) After the statement has been notified und Cd MR the preceding section, the Collector shall make an ay<"" . ° e e . a apportioning compensation, in the manner heteinafts prescribed, among all the persons known or believed to
interested in the land, of whom or of whose claims he
a information, whether or not they have appeared before him,
|
(2) Notwithstanding anything contained in any Other law for the time being in force, the total compensation payable for any land acquired under this Act shall be the difference between—
(a) the income of the scheme, which shall include the estimated value of the plots and the ma- terial thereon that remain to besold and the other sources of income from the scheme which remain outstanding ; and
(b) the cost of the scheme, as notified in the state- ment under section 12.
(3) Subject to the provisions of the Administration of Evacuee Property Act, 1950, or any other law on the yy), Subject for the time being in force, the compensation 19s awarded in respect of the Structures, if any, standing on the land comprised in the scheme shall be payable to the
persons known or believed to be interested in those struc- tures according to their respective interests as determined by the Collector under section 11. Explanation.—In computing such compensation, the Col- lector shall assess the market value of the structures at the
time of delivery of possession of the land to the Trust and
deduct from such value the cost of demolishing them and
removing the material from the site. °
(4) The total compensation, less any deductions that may be necessary on account of the amounts, if any, pay- able under sub-section (3), shall be paid to the various persons interested in proportion to the interests held by them as determined by the Collector under section 11(¢):
Provided that the amount paid to any person shall Bo be less than the market value of his interest as determine
10
1951 : Pb. Act X.] DEVELOPMENT OF DAMAGED 27 | ARPAS
by the Collector under section I11(d) minus the cost of demolition and removal incurred by the Trust.
14. (J) The award made by the Collector under sec- Collector's awar d
tion 13 shall be filed in the office of the Collector of the °° district and shall, except as hereinafter provided, be final and conclusive evidence as between the Improvement Trust and the persons interested—whether they have ap- peared before the Collector or not, of the true area and value of the land and the apportionment of the compensa- tion among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present rsonally or by their representatives when the award is announced.
15. As soon as the Collector has made his award it Trust| may make shall be intimated to the Trust, which shall within thirty ery, '° days of the date of the announcement of the award either ~ notify its intention to make a reference to the Tribunal in the manner stated in section 19 against the amount award- ed by the Collector or place the amount awarded at his disposal.
16. From the amount placed at his disposal unde! Payment of com- section 15 the Collector shall, according to the award, pension *" 6°° tender payments to the persons interested and make pay- ments to those who agree to receive the same, with or without protest.
17. (1) The amounts due to persons who may not Deposit of con be competent to alienate the land for which compensation Treasury. has been awarded, or the amounts due in respect of the Jand which is subject to a disputed title, shall be deposit- ed in the local Treasury.
(2) In the case of persons incompetent to alienate the land acquired under this Act, the amount of compensa- tion due may be invested by the Collector 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, if such purchase cannot be effected forthwith in Government securities. The interest accruing on such money may also be deposit- ed and invested in the same way until the same be applied in the manner aforesaid.
11
os
28 DEVELOPMENT OF DAMAGED [1951 : Ph. Acy x.
AREAS .
(3 ing in this.section shall preclude the Cg, rectal prom making payment of
rompensa von due to ; I
erson incompetent to alienate he pane Or oom tansfep ring the land or securilies purchase 7 ce 7 section
(2)
to such person after the cessation of his disability or during such disability, to any person competent to TeCeive the same under any law for the time being in force or on an order of a competent civil court. | |
Jurisdiction of 18. (/) No award under this. Act shall be called in other courts bat- question in any court or-in any, other manner except as ree provided hereinafter.
(2) No person shall challenge in any court, or before the Tribunal, the amounts notified by 'the [Central Go- vernment] under section 12 as the cost of a scheme and the income from it. |
-Persons interested 19. (1) The Trust or any person interested who has may require received compensation under protest may; by written ap- Titus. '° plication to the Collector, require that the matter be refer- ted by the Collector to the Tribunal for determination, whether the objection be to the measurement of the land, the amounts of the compensation, the persons to whom it Js payable or to the apportionment of compensation among Tr; is s+. the persons interested: ..-. ° : _ (2) The application shall state the grounds on which objection to the award is based, and the grounds shall not be other than those stated in sub-section (J).
(3) Every such application shall be made—
(a) in the case of the Trust: or a person interested who was present or represented before the Col- lector at the time of the announcement of the award, within six weeks. from the date of an- nouncement of the award : and
(6) in other cases, within six weeks of the receipt of the notice under sub-section (2) of section 14,
OR
within three months from the date of the Col- lector's award, Whichever shall first expire. ——..
Substituted for the words "Stat 'h oa nici
i [ ¢ Government"by the Punjab Reo anisation
(Chandigarh) (Adaptation of Laws On State and Concurrent Subjects) Order, '1968,
12
s i e n t a c we se al ed ha na a- te ca ea ed - p c 1951 : Pb. Act X.]) © DEVELOPMENT OF DAMAGED , 29
AREAS
20. (J) In making the refer . Add oo MAKING erence the Collector s Stateme for the information. of the Tribunal, state in witing by. Collector on under his. hand— : | TINE reference.
(a) the situation and extent th ) the s xtent of the land, wit particulars of any buildings and other thru tures standing thereon ; - |
(b) the names of the persons believed to be interest- ed in such land; |
(c) the amount of compensation, if any, awarded for the structures or buildings standing on the land and the value assessed for the unsold plots and the sources of income from the scheme still outstanding ; and
(d) if the objection be to the amount of compensa- tion, the grounds on which the amount of compensation was determined.
(2) To the said statement shill be attached a schedule
giving the particulars of the notice serv ed upon, and of the
statement in writing made or deli vered by, the parties
interested.
Notice by Tribunal
41. The Tribunal shall thereupo n cause notice, speci- Nese 'iler ese
fying the day on which it will proceed to determine th e tea.
objections and directing their appearance before it on that day, to be served on the follow ing persons :—
(a) the applicant , the objection, except
b) all persons intereste d in
") (when the object ion is not made by th e Trust)
such, if any, of them as have consented w ith-
out protest to receive payment of the compen -
sation awarded ; and (c) if the objection relates to the ar
or to the amount
of compensatio
n,
lector.
area of the land
the Col-
uch proceeding
s Scope of enquiry.
(he enquir in S
y
e of th qu a
consideration 22. The scop
before the Tribunal
shall be restricted t
o
of the interests of th
e persons affected
by the objections.
13
30 DEVELOPMENT OF DAMAGED
[1951: Pb. Act x.
ARBAS
°
n any reference made ision of Tribu- 23. (/) The Tribunal m ay, 0
a to it Ske any order for the payment ¢ on, A aaabat
any person proved to be entitled to 1t and ma y either maip.
tain or modify the award of the
Collector :
Provided that the Tribunal shall not question the
amounts notified by the Central Government] under sec.
tion 12 as the cost of a scheme and the in come from it.
very such award shall be in writing and sha ll
be signed by the President of the Tribunal, and it shall be
deemed to be a decree and the statement of the groups
thereof a judgement within th> meaning of sub-sections 2
)
and (9), respectively of section 2 of the Code of Civi l Pro-
cedure, 1908; and every award and order of the Tribunal y,,, shall be enforced by the court of the Senior Sub-Judge within the local limits of its jurisdiction as if it were a decree made or passed by it.
Costs. 24. Every award of the Tribunal shall also determine the amount of the cost incurred in the proceedings by the parties concerned and the person by whom and the propor- tions in which they shall be paid :
Provided that no order for the payment of costs shall be made against the Trust unless, in the opinion of the Tribunal, the value of the plots unsold and of the material and other sources of income outstanding , as notified under section 12, is found to have been assessed by the Collector ata rate not exceeding 50 percent of their value as de- termined by the Tribunal. .
Interest not to be = 25. The Trust shall not be required to pay interest awarded. On any amount awarded as compensation and tendered in accordance with the order of the Collector.
Conector to diss 26, (1) The amounts, if any, i-
awarded in excess DUNAl in excess of the compen ea Ry He Col by Tribunal. lector shall be placed at the disposal of the Collector by ee and the Collector shall disburse, deposit, invest
Or dispose of the same in the manner stated in sections 16 and 17 as if they were the a .
of the award made by him. mounts deposited on account
'Substituted f " = (Chandigarh Or the words "State Government " by the Punjab Reorganisation ) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968,
14
f 1908. 1951 : Pb. Act X.] 9 DEVELOPMENT OF DAMAGED = 3]
" AREAS
(2) The Collector shall also in lik i cordance with the decision of the Tiibunal disburse, de- posit, invest or dispose of the compensation due for the land the title to which is disputed before him.
27. (J) For the purposes of en uiries i the Collector and the Tribuna l shall have Wwe to
_ wow
mon and enforce the attendance of witnesses the parties
interested or any of them, and to compel the pro duction
of documents by the same means and, so f ar as may be
applicable, in the manner provided in the case of civil
courts under the Code of Civil Procedure
, 1908.
2) All proceedings of the T ribunal shall t ake place
in open court, and all persons entitled to practise as legal
practitioners in any civil courts in t he State shall be en-
titled to appear, plead and act in such proceedings.
28. (i) A Trust shal] not exe rcise its power under Meeting of Trust
this Act, or act otherwise for the acquisition and posses- 0 sanction pro-
sion of land or for the executio n of any scheme under this ceed ings
Act, unless approval thereto h as been accorded in a meet- ing of the Trust held after a notice of atleast seven days.
(2) The quorum for all s uch meetings shall not be less than three, and the decision of the majorit y shall
prevail.
he permission o
f the Consequences of
. erection, ele. In
Iters any building 1 co ntravention of
{ sanctioned scheme.
279. (J) If any person , without t
Trust, erects, re-erect s, adds to, or ail scheme sanctioned by the Trus
contravention of any under this Act, for an y damaged area, the Chairman of the
Trust may—
(a) by a written notic e, direct that the bu ilding,
alteration, OF addition be stopped ; and such building, alte ration, oF addition
b) require
") to be altered o r demolished, as h e may deem
necessary.
Z Notwithstandi ng anything
contained in a ny
other me for the t ime being In force, no person shall have aright to claim compensation for any damage done in on
cution of the requ isition of the Ch airman under the fore
going sub-section.
15
ae GED ~— [1951 : pp. Act VELOPMENT OF DAMA ' 32 DEV im : tion, or other legal Proceed, ion of Go- 30. No suit, prosecution, n rere e shall i against the [Central ee - an Timp
rovement Trust or any person for any ng re: OF pny. porting to have been done in pursuance of this A P ct Or in the framing, supervision or excution of any scheme thera. 3 under. Penalties, 31. Any person who—
ils to deliver possession When required
¢} a by the Collector under this Act;
ts or molests any person in the SeTvice m of an Inpro Trust, any person acting under the authority or directions of such Der- son, any person with whom the Trust has entered into a contract or any person acting under the authority or direction of such person in the execution of his duty or of anything which he is empowered or required to do under this Act; or
(c) removes any mark set up for the Purpose of indicating the boundaries of any damaged area 'Or any part thereof, or any level or direction necessary for the execution of any scheme under this Act, to do
shall be punishable with rigorous imprisonment which may exiengl to two years or with fine which may extend {oO one thousand Tupees or with both. Initiation of com. plaints, 32. No prosecution for any offence Punishable under this Act shall be j Instituted except On a complaint in writ- ing made by the Chai airman of the Improvement Trust with- In the local area in Which the offence is committed, and such cases shall be triable by a *[Judicial Magistrate] of the First Class Only, Rules,
33. The [Central Govern make rules for nent] may, by notification carrying out all this Act. or any of the purposes of eee
Substituted for the words "State (Chandigarh) (Adaptation of L
by the Punjab Reorganisation
urrent Subjects) Order, 1968.
Punjab Act No, 25 Of 196-4,
Government" QWs On State and Conc *Substituted for the word "Magistrate" by
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1951 : Pb. Act X.] DEVELOPMENT OF DAMAGED 33
AREAS
34. (J) The Punjab Development of Damaged Areas Repeal Of Punjab Ordinance (XVI of 1950), is hereby repealed. XVI of 1959, "N°
(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action was taken.
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