B Teg Aug prof ifs, if any, received or receivable on this

_— CEE Sar the three years preceding the date of the

1. (2) Every person required (o i jut Wier ges section oi section BDL ri egally bound to do so within the meani i Pp $ Xi and 176 of the Indian Peng] Code, 1860. PY toations 175 a } Enduiyinto chim 11. On (he date fj ; and objections, go gor 9, or on any other under sub-section (2) (b) of be adjourned, the Collector shall hich Yie enquiry may the objections filed under the af Raid od fo enquire into Into the respective interests of (heed sub-section (2) (b) pensation, and shal] determine— persons claiming com. (@) the true area of (he land ; 1951 : Ph, Act XJ] oF gd A. YEVELOPMENT OF . AREAS DAMAGED §5 3
   • (h) the market value, a ; alue, at the time rr the scheme under cain ih Publicaties of
     • (i) the land, ji) all materi andi
   • (if) all material standing on them, and
   • (iif) any sources of i : lf) \ of income derived from the (¢) the value of plots th i , the mat other sources of income materia yi i N as notif ied by the [Central Government a dor section 12 ; and ], tower . (d) the extent of the interest of every person claiming compensation, and the market value of the interest of such persons at the time of publication of the scheme under section 4(1). 12. (1) On possession of the land comprised in any Excaution ~~ Of sanctioned scheme being delivered to the Trust, it shall — ty the proceed fo execute the scheme. ; me or (2) The T ust shall, as soon a$ after—but rot later than three years from the date of the sanction of the schem,—submit for the scrutiny of the 1[ Central Go- vernment] an accurate statement which shall contain the following particulars :—
   • (a) the actual cost of the scheme;
   • (b) the income derived from the scheme ; )
   • (eo) the. particulars and the estimated value of the i plots and any material thereon that remain {0 be sold; and . FE - E
   • (d) the estimated value of the other sources of income from the scheme which remain outstanding. pe 3 : " . ter SUC
2. (3) The 1[Central Government] shall, all scrutiny as it may deem necessary: notify the details ppt aforesaid statement. y Co a . by th punjab Reorganisation smd fr eo te Govind arnt Subjects) Order, 1968: - gr 26 DEVELOPMENT OF DAMAGED [1951 : Pp, Act AREAS . X, Total compensa 13. (1) After the statement has been notified ung, tom how ceuat preceding section, the Collector shall make ay awarg apportioning compensation, in the manner hereinagyy, prescribed, among all the persons known or believed to be interested in the land, of whom or of whose claims pe has information, whether or not they have appeared before him,
3. (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 shal] 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 be sold 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.
4. (3) Subject to the provisions of the Administration of Evacuee Property Act, 1950, or any other law on the, subject for the time being in force, the compensation is. 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, *
5. (4) The total compensation, less any deductions that may be necessary on account of (he 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 not be less than the market value of his interest as determined 1951 : Pb. Act Xi] DEVELOPMENT OF DAMAGED 27 AREAS by the Collector under section 11(d) minus the cost of demolition and removal incurred by the Trust. 14. (I) The award made by the Collector under sec- Collectoris award 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.
6. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is announced. 15. As soon as the Collector has made his award it Trust may, mm shall be intimated to the Trust, which shall within thirty fees ‘© 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 under Payment of com- section 15 the Collector shall, according to the award, Zhe by Col lender payments to the persons interested and make pay- ments to those who agree to receive the same, with or without protest. 17. (I) The amounts due to persons who may not Deposit of com: be competent to alienate the land for which compensation Frasuny. has been awarded, or the amounts due in respect of the land which is subject to a disputed title, shall be deposit- ed in the local Treasury.
7. (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 f 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. pe \ - 25 DEVELOPMENT OF DAMAGED [1951 : Ph. Ace y = AREAS . eos : i hall preclude the C 3) Nothing in this section s h ol. 1 tor dom making payment of compensation due to any grep incompetent fo alienate the same, or from tang,’ oa the land or securities purchased under sub-section 2), " 10 such person after the cessation of his disability or, during such disability, to any person competent to recejy, . the same under any law for the time being in force or on an order of a competent civil court. —— 18. (I) No award under this Act shall be called ip other courts bar- question in any court or-in any, other manner except a5 red. 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. 3 i 19. (I) The Trust or any person interested who has
   • • Persons d . . oy res received compensation under protest may; by written ap- Tanai '° plication to the Collector, require that the matter be refer- Tribunals. p . Aap red 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 Is payable or to the apportionment of compensation among peut 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 (7).
   • • (3) Every such application shall be made— oo (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 © (©) in other cases, within six weeks of the receipt of the notice under sub-section (2) of section 14, OR fun three months from (he date of the Col- ector’s award, whichever shall first expire. -_ !Substituted for the words “St. OT mm—— ar i SETS E \ (Chandigarh) (Adaptation of Laws On State and eabcy the Supe cornice 1951 : Ph. 3 VE " S b. Act Xi] DE ORIENT OF DAMAGED 29 ] 20. (J) In making the referenc for the information of fhe Tribune. ela on, hall by Cotecton “on : under his hand— » stale in writing reference. | (a) the situation and extent of th ith ng ) he Ic particulars of any buildings und ora gf th tures standing thereon ; -
8. (0) the gpames of thm pests believed (o be interest- (¢) 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. .
9. (2) To the said statement shall be attached a schedule giving the particulars of the notice served upon, and of the statement in writing made or delivered by, the parties interested. ) . 21. The Tribunal shall thereupon cause notice, speci- hic? by li fying the day on which it will proceed to determine the rea. objections and directing their appearance before it on that day, to be served on the following persons :— . («) the applicant ; > a b) all persons interested in the objection, except (when the objection is not made by the Trust) such, if any, of them as have consented with- out protest to receive payment of the compen: sation awarded ; and p Ar J area of the land ¢) if the objection relates to the area 0 rg @ or to ie amount of compensation, the Col lector. 22. The scope of the enquiry in such proceedings scope of natin. before the Tribunal shall be restricted to 2 re of the interests of the persons affected by the 0%) ’ | hb | 51: Pb, 30 DEVELOPMENT OF DAMAGED (19 Act X, AREAS . ference mag sion of Tribu: (I) The Tribunal may, on any I¢ [made pion Rs D any order for the payment of compensation to any person proved to be entitled to it and may either main. tain or modify the award of the Collector : . : t question th Provided that the Tribunal shall no e amounts notified by the 1Central Government] under sec. tion 12 as the cost of a scheme and the income from it. 2) Every such award shall be in writing and shall be ed by the President of the Tribunal, and it shall be deemed to be a decree and the statement of the ions (0) thereof a judgement within th: meaning of sub-sections (2) and (9), respectively of section 2 of the Code of Civil 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 a P! 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 at a rate not exceeding 50 per cent of their value as de- termined by the Tribunal. . HER J le itt tr g ensation and tendere in accordance with the order of the Collector. Collector to dis- 26. [0)] The amounts if . burse amount : ) 1 any, awarded by the Tri- SHALL ty fe ompenatin ard by 0 Co the Trust, and th Coy at the disposal of the Collector by or dispose of th ollector shall disburse, deposit, invest and 17 as if they ere ved anes stated in sections 16 of the ava rd made by hig unts deposited on account aplation of Laws on State and Concurrent Subjects) Orden, 1968. 1951 : Pb. Act X.) DEVELOPMENT OF DAMAGED 31 AREAS
10. (2) The Collector shall also in like m 2 cordance with the decision of the mal tsbusse. de- posit, invest or dispose of the com ensation due for the land the title to which is disputed before him. 27. (1) For the purposes of enquiries und i Pow the Collector and the Tribunal shall have SFr ic wan the wines. mon and enforce the attendance of witnesses, the parties interested or any of them, and to compel the Kiroduction of documents by the same means and, so far as may be applicable, in the manner provided in the case of civil t 198. courts under the Code of Civil Procedure, 1908. ] (2) All proceedings of the Tribunal shall take place ’ in open court, and all persons entitled to practise as legal practitioners in any civil courts in the State shall be en- titled to appear, plead and act in such proceedings. 28. (I) A Trust shall not exercise its power under Meeting of Trust this Act, or act otherwise for the acquisition and posses- © Sanction pro- sion of land or for the execution of any scheme under this ©" Act, unless approval thereto has been accorded in a meet- ing of the Trust held after a notice of at least seven days.
11. (2) The quorum for all such meetings shall not be less than three, and the decision of the majority shall prevail. 29. (I) If any person, without the permission of the Consequensts ot Trust, erects, re-erects, adds to, or alters any building in contravention of contravention of any scheme sanctioned by the Trust sanctioned scheme. under this Act, for any damaged area, the Chairman of the Trust may—
    • (a) by a written notice, direct that the building, alteration, or addition be stopped ; and -” b) require such building alteration, of addition ®) or be altered or demolished, as he may deem | necessary. . i ined in any 2) Notwithstanding anything contain other Dw for the time being in force, no person shall have aright to claim compensation for any damage dono in oXGy cution of the requisition of the Chairman under the fore: going sub-section. Fe Thpnn—— 32 DEVELOPMENT OF DAMAGED [1951 : ph, 4 X AREAS . f i legal proceed: fon of Go- 30. No suit, prosecution, or other Proceediy nen. shail in the '[Central Government] or a; Imp. rovement Trust or any person for anything done op ur. porting to have been done in pursuance of this Act or i the framing, supervision or excution of any scheme thers. under. Penalties, 31. Any person who—
    • (a) fails to deliver possession when required ¢, do so by the Collector under this Act;
    • (b) obstructs or molests any person in the seryiee of an Improvement Trust, any person acting under the authority or directions of such per- Son, any person with whom the Tryst 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 (¢) 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, shall be Jihable With rigorous imprisonment which may extend to two years or with fine which may extend to one thousand rupees or with both. Initjatj f N . . paar,” °F com 32. No prosecution for any offence punishable under this Act shall be instituted except on a complaint in writ- Ing made by the Chairman 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. h Rules, oe sngks ens "[Central Government) may, by aolifioation a or carrying out R r S Ol this Act, ying UL or any of the purpose Substitute ET — Nr —— (Chand (haan “Soe SHE tnd omer ghatah Rerun "Substituted for the word “Magistrate by Punjab Act No. 25 of 1964, 1951 : Pb. Act X.] DEVELOPMENT OF DAMAGED 33 AREAS 34. (I) The Punjab Development of Damaged Areas RP! Of Punjab Ordinance (XVI of 1950), is hereby repealed. 8 a FEE “No.
12. (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.