West Pakistan Land and Water Development Board Reclamation (Fee) Rule, 1965

ax"""'oa AIIT ,. .. CIISnUDNe..l'IID ;J aLbt Cia,£11t of (~ Btst l.Baki.stan LAHORE, TUESDAY, DECEMBER 14. 1965 GQVERNJ.IENT OF WEST PAKISTAN LAND AND WATER DEVELC PME;,ff DEPARTMENT NOTIFICATION The 7th December 1965 No. Admn-10(1 )65/3928-In ex rcise of the powers conferred by sub section (4) of section 38 of the Soil Reclamation Act, 1952 (Punjab Act XXI of 1952), the ', Goveroor 11f Weot Pa.ld•tan is ple"""cl to framqJJtc following rules for the l~vy and re covery of reclamation fec: WEST PAKISTAN LAND AND WATER DEVELOPMENT BOARD R8!,LA \I ATIUN (FEE) RULE·, l965 I. Short title, extent and ·commenceme11t--(I) These rules mav be called the West Pakistan La.nd and \Vater Development Board (Reclamation Fe~e} Rulef-, 1965. (2) They shall apply to land comprised in such Sch<:'mes, sanctioned under the Soil Reclamation Act, 1952, as may be notified by Government from time to time. (3) They shall ccrne into force at once. 2. Defini/£011s-Jn these rules, unless the context otherwise requires, the following expressicns shall have the meanings hereby respectively assigntd to t,hem, that is to say : ( i) "Act" means t)le Soil Reclamation Act, 1952 (Punjab Act XXI of 19: 2) ; (ii) "culturablc> commanded area 11 means the area within a canal system which can be irrigated by gravity from the cannls ; (1'.ii) "date of commencement of the scheme" meanR such date as may be fixed by the Board in this behalf ; (iv) "Divisional Can,1 ] Offic<'r" mcf'ns rin officer cxrrcifinJl control over a. Division cif a Canal and in<'ludcs an, · fficer appointed under the canal and Drainage Act, 1873 or the Sind Irrigation Act., ISiO to exercise all or any of t.hc powers of a Divisional Canal Officer; (v) "Land revenue" means land Revenue assessed under the Jaw applicable to the area ; (vi) "Owner of bnd" includes a lrsser, a tenant of Gov<"rnmcnt, land who has not acquired proprietor,v rightg therein and an ullottee, whctlwr pro vifional or permanent, of land under the law for the rehabilitation of refugees for the time being in force ; (tiii) .. Project Dire<'tor" means an Officer appointed by the Board wh o is overaU incharge of operationR under ih1:' sch< me; (t?,iii) "Statement of demand" means a statement of c..kmand prepared under rul~ 5. 3. A rcclamatk,n fee shall b(" levied on tt.H culturflhlr rommflndcd a.ren at such Tates na may be notified by Government from t.ime to time. 4. Tho reda.mation fee shall ~c paid by the owner of th.c bnd; 1(;047) 6048 THE GAZ. OF WEST PAK. (EXTRY.), DEC. 14, 1965 provided that when the land ie mortgaged with p<>BB888ion. the ro,,lamation fee shall be paid by the mortgagee and the fee eo paid shall be deemed to be part of the mortgage money but shall carry no int.ereat. 5. The Divisional Canal Officer •hall prepare & statement of demand in Form L&WDB (RF) No. l, shOwing the name, parentage, C&BW e.nd residence of the asses. see, full particulars of the land in respect of which the reolamation fee has bean levied and tho amount which h• ie liable to pay. 6. (1) A oopyof the statement of demand together with a. notice of the pla.co whero its origina.l or authentic copy may be inspected and of the date or da.tea (which aha.II not be ea,rliertha.n thirty days from thod"- toofsuch notice) a.nd the place at which objeotions thereto will bo heard, shall bo displayed for a period of not leee than thirty days on a oonspiouous plaoe in the offi.oes of the Divisional Canal Officer, the Project Director, the Tehsildar /Mukhtiarkar and the Union Councils within whoae juriediotion the land to which the statement pertains is situa.tcd. (2) A copy of the notice roferred to in sub-rule (1) shall bo publishod . ~,i) 'bf beat of drurnd'in the'lb'colity where'the fa:nd 'to which th0 statement of demand pertains is situatod, a.nd .. (b) in at lea.et one English and ooo Vernacular da.ily newspaper having ade quate circulation in tho aroa wh~ro the land to which the statement of demand pertaina is situated .. (3) The statement aha.II be open to inspection by the owner of tho land includ ed in th.is statement or his duly authorized agont at the office of the Divieiona.l C&mil Officer during t office hours a.nd he sho.ll be permitted to mako extre.cts from it, (4) No foe sha.11 be charged for any such inspection. 7, (1) Any person fooling &ggrievod by a sta.tement of dema.nd may, within thirty days from the d&te of publica.tion thereof, prefer objection thereto to the Divi sional Canal Officer, who may. & ft.er hearing the objections and making euch enquiry as he may consider nece88ary, reject the objections or accept them and cancel or modify tho statement of demand: Provided that the Divisional Ca,nal Officer may ext.end the period with which objections may be filed by a period not exceoding thirty daY", if tho pcrso11 making the objection! sa.tisfi.os him th.a.t b.e wa.a prevented by rel\-sons beyond his r,ontrol, from making th• objections within the prescribed period, (2) The objections under sub-rule ( 1) shall be preferred by means of a writton memorandum, on plain judicial pa.per, stating briefly tho grounds of objection. (3) The objections filed under sub-rule (I) sahall be entered in a reg :stor in Form L&WDB {BF) No. 2 maintained for the purpoae. 8, (I) On the da.te or da.tee fixed for the h6"ring of objections ma.d& under ru'e 'l on dates to whioh the prooooiinge m&y b& adjournod., the Division&\ Canal Officer shall proceed to dispose of the abjections .,. expeditiously.,. posaibl&, (21 The Divisional C..nal Officer shall &!low to tho objector &nd a.ny other per aon, who in his opinion, is likely to b& directly interested in the result of the objection, a.n opportunity of being h6"rd in person or through hie &uthorised &gent, (3) The Diriaiou&l Canal Offioor mo.y, at his discretion, he&r and record snob oml or documentary eridenoo .,. b.e m&y consider relevo.nt to the enquiry or ne-y for the diapoa&l of objections. (41 When an objection h&8 h-1 di9poaed of, the order p&886d thereon ob&II be reoorded together with the da.te of such order in the regialer in Form L&WDB(Rll') No. 2. 9. (l) The deoiaion of the Divisional Canal Offioer on the objootions made under ,:ule 1 •hall be inoorpon,te.d in the ata.tement of dem&nd which ab &ll be authenticatod by the said oflioer. 'l'HE GAZ. OF WEST PAK. (.EX'l'RY.). DEC. 14. 1965 6049 (2) The Diviaion&l Can&l Offioerahall also t.~pened a. oertifi0&te to the ato.te ment to the effect that it haa been duly amended ao far aa i~ waa nooeoaary to doao in the light of the orden paased under rule 8. 10. (1) !my person feeling aggrieved by an order passed by the DiYioion&I Canal Offioer under rule 8, may, within thrity daya from the date of such order, prefer an appeal to the Project Director, who may, after hearing the appeUM1t, pNS rnch order ae he may deem fit. ( 2) An &ppeal under aub-rule( I )aha.II be preferred by means of a memorand11111. ahall be accomp&nied by a oertified oopy of the order appealed &gainat. and be pre sented by the appellant in penon, or through his duly authorised agent or be sent by registered post. (3) The appeal sho.11 be deoided after due notice to the Division&! Canal Officer and conoideration of any repreeentation that may be made hy him, &nd after an opportunity hu been given to the &ppellant and ouch other persona &Bin the opinion of the Project Director may directly be interested in the roault of the appeal, of being heard in person or through & duly authorised agent. (() The statement of demand ah&ll be modified by the Division&! Canal Officer, if necessary, in the light of the order paaeed by the Project Director, under aub-rule (3). 11. (1) Alter expiry of the period fixed for the receipt ofobjeotiona, or where objection■ or an appeal baa been preferred after the lint.I disposal thereof, a atatemenl of account■ in Form L&WDB (RF) No. 3 shall be prepared in respect of each person from whom the reclamation fee is due r.nd aha.II be aerved on him in the manner pres cribed in aection 154 of the Act. (2) The Divisional Canal Officer shall forward & certified oopy of the state ment of demand aa modified under sub-rule (I) of rule 9 and oub-rule (4) of rule lO to the Collector of the diotriot for recovery aa arrean of land r&'renue. 12. (I) The reclamation fee shall be p&yable in eight equal half-ye&rly inat&J. menta commencing from auch date as may be fixed by the Project Director : Provided that no recovery ahall be made during the first two years from tho date of oommenoemcnt of the eoheme. (2) If any inotalment ia not paid on the date on which it beoomoe due, simple int,eroet on the amount of that inatalment at the rate of six per cent per &DDUlll shall be charged ; Provided that no intereat shall be le'ried on any instalment the payment where of baa been deferred by the Bo&rd. 13. Th& Boo.rd may &Xempt any particulars site or claae of sitea from tho operation of th....,TUleo having regard to th& character of the aoil, the ei&e of the hold ing or the purpoae for whioh it is being or is likely to be w,ed. A. H. QURAISHI Secretary to Government of West Paldat&n, ]And and Wa.ter Development Department. Serial No, ~Rrne, f')arent.a.2:e, caste and resicloncC of tho owner 2 *See rule 2 (ii). FORM L. AND W. D. B. (RF) NO. I (See RoL:I!: ti] WEST PAKISTAN LAND AND WATER DEVELOPMENT bOARD SJ.A'fF M- Z..'r OP' DEMAND OJI' RP:CLAMATlON FEE Village/Deb Tehsil. Ta.Iuka District *CuLTURABT,E com ?.tA~DEn AREA Total e.rea Rate or reel&- Total recla- :No. of of the mation fee mntion fee in!'ltalments Rl•El}!tlL owner Area per aero payable Survey No. 3 4 5 6 7 8 Dat,ea; when Amount of instalment11; cneh due inst.alment 9 IO RE14A..BXS 11 ti ttj p .... '° g; Name of applicant Rnr.\RK~ THE O,\Z. OF WEST PAK. ( r:'i: rttY.), r I I J ' I~ I l I I I~; I I I I \ \ \ I I I I " \ l \ . I I I \ •O \ I 11 ! I • l . ~ I i I I I I 1 I I r \, i l I I i I I 1~ I I I I I l