Evacuee Property and Displaced Persons Laws (Repeal) Act 1975

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[1]THE EVACUEE PROPERTY AND DISPLACED PERSONS LAWS (REPEAL) ACT, 1975

(XIV of 1975)

[28 January 1975]

An Act to repeal certain laws relating to

evacuee property and rehabilitation of displaced persons.

Whereas it is expedient to repeal certain laws relating to evacuee property and the rehabilitation of the displaced persons;

It is hereby enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975.

(2) It shall come into force at once and shall be deemed to have taken effect on the first day of July, 1974.

[2][1-A. Definitions.- In this Act-

(a) "Board of Revenue" means the Board of Revenue established under the Punjab Board of Revenue Act, 1957 (XI of 1957); ^{^[3]}[*]

[4][(aa) "Full Board" means the Full Board consisting of three Members of the Board of Revenue, constituted by the Senior Member, Board of Revenue from time to time; and]

(b) "Government" means Government of the Punjab.]

2. Repeal of certain laws.- (1) The following Acts and Regulations are hereby repealed, namely:-

(i) the Registration of Claims (Displaced Persons) Act, 1956 (III of 1956);

(ii) the Pakistan Rehabilitation Act, 1956 (XLII of 1956);

(iii) the Pakistan (Administration of Evacuee Property) Act, 1957 (XII of 1957);

(iv) the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (XXVIII of 1958);

(v) the Displaced Persons (Land Settlement) Act, 1958 (XLVII of 1958);

(vi) the Scrutiny of Claims (Evacuee Property) Regulation, 1961; and

(vii) the Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.

[5][(2) Subject to the provisions of this section, in relation to any matter falling under the aforesaid Acts and Regulations, all proceedings pending before any notified officer immediately before the commencement of the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022, shall stand transferred for final disposal to the Full Board, and all cases decided by the Supreme Court or the Lahore High Court after the commencement of the said Act of 2022 which would have been remanded to the notified officer shall be remanded to the Full Board.]

[6][(2-A) All properties allotted after the repeal of the Acts and Regulations mentioned in subsection (1) shall be subject to scrutiny at any time, and after observing due process of law, if it is found that any land or property was allotted in contravention of any law or through fraud, forgery or misrepresentation, such allotment shall be cancelled.

(2-B) All proceedings which, immediately before the commencement of the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 in relation to adjustment, allotment or utilization of former evacuee land against verified claims of produce index units of claimants, are pending before a notified officer shall stand abated:

Provided that such proceedings in relation to cancellation of adjustment, allotment or utilization of land made against pending claims of produce index units after 1^st day of July 1974 in contravention of any law shall not stand abated and shall be decided in accordance with law.]

[7][(3) Any proceedings transferred or remanded to the Full Board in pursuance of sub-section (2) shall be disposed of by the Full Board in accordance with the provisions of the aforesaid repealed Acts or Regulations to which the proceedings relate, within a period of ninety days of such transfer or remand, as the case may be.

Explanation.- The decision of the majority shall be the decision of the Full Board.]

(4) The final orders passed under sub-section (3) shall be executed by the [8][Board of Revenue] in accordance with the provisions of the Act or the Regulation hereby repealed to which the proceedings related.

[9][3. Transfer of property.- All properties, both urban and rural, including agricultural land, other than such properties attached to charitable, religious or educational trusts or institutions, whether occupied or un-occupied, which may be available for disposal immediately before the repeal of the aforesaid Acts and Regulations or which may become available for disposal after such repeal as a result of cancellation of any fraudulent allotment shall stand transferred to the Government for utilization for public purposes.]

4. Disposal of residual work.- All the work regarding documentation, both for the urban and rural properties, recovery of outstanding transfer price, rent or mortgage money of such property already disposed of and discharge of miscellaneous liabilities out of these recoveries, which may remain pending immediately before the repeal of the aforesaid Acts and Regulations shall stand transferred to the [10][Board of Revenue].

5. Power to make rules.- The [11][Government] may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

[12][6. * * * * * * * * * * * *]

[1]This Act of Parliament received the assent of the President on 1^st February 1975, and was published in the Gazette of Pakistan, Extraordinary, Part III, dated 3rd February 1975, p.20.

This Act was originally in the Federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18th Amendment in the Constitution, hence it was adapted, with amendments, for the province of the Punjab by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012).

[2]Inserted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012).

[3]The word "and" omitted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 (XXI of 2022).

[4]Inserted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 (XXI of 2022).

[5]Substituted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 (XXI of 2022), for the following:

"(2) Upon the repeal of the aforesaid Acts and Regulations, all proceedings which, immediately before such repeal, may be pending before the authorities appointed thereunder shall stand transferred for final disposal to such officers as may be notified by the Government in the official Gazette and all cases decided by the Supreme Court or the Lahore High Court after such repeal which would have been remanded to any such authority in the absence of such repeal shall be remanded to the officers notified as aforesaid."

[6]Inserted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 (XXI of 2022).

[7]Substituted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 (XXI of 2022), for the following:

"(3) Any proceedings transferred or remanded to an officer in pursuance of sub-section (2) shall be disposed of by him in accordance with the provisions of the Act or Regulation hereby repealed to which the proceedings relate."

[8]Substituted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012), for the words "Board of Revenue of the Province".

[9]Substituted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2022 (XXI of 2022), for the following:

"3. Transfer of property.- (1) All properties, both urban or rural, including agricultural land, other than such properties attached to charitable, religious or educational trusts or institutions, whether occupied or un-occupied, which may be available for disposal immediately before the repeal of the aforesaid Acts and Regulations or which may become available for disposal after such repeal as a result of a final order passed under sub-section (3) of section 2, shall stand transferred to the Government, for disposal-

(a) in the case of urban properties, by the Government under a scheme to be prepared by it; and

(b) in case of rural properties, by the Board of Revenue under a scheme to be prepared by the Government.

(2) The agricultural land temporarily allotted under any of the aforesaid Acts or Regulations to a displaced person from Jammu and Kashmir State or to such other person as the Government may determine who is not in cultivating possession of the allotted land, shall be offered for sale to such allottee unless an order of cancellation of allotment has been passed against him in respect of such land:

Provided that only so much land shall be offered to such allottee as does not, together with the land already held by him, exceed a subsistence holding within the meaning of the Land Reforms Regulation, 1972:

Provided further that the temporary allottee or other person who purchases the land so offered to him shall not eject the tenant from such land except on the ground that he has failed to pay rent in accordance with the terms of his tenancy:

Provided further that, in the event of a displaced person from Jammu and Kashmir State or any of his successors-in-interest being repatriated to that State, he shall pay to the Government the price of the land held by him at the rate ascertained by the Government."

[10]Substituted by the Evacuee Property and Displaced Persons Laws (Repeal) (Amendment) Act 2012 (XXXVIII of 2012), for the words "Board of Revenue of the Province".

[11]Ibid., for the words "Provincial Government".

[12]Section 6 "Repeal." omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3, Second Sch.

Pakistan (Punjab) Legislation

Evacuee Property and Displaced Persons Laws (Repeal) Act 1975