Q. No.

Answer 1 a 2 d 3 a 4 a 5 b 6 d 7 a 8 b 9 a 10 d 11 c 12 d 13 c 14 a 15 b 16 c 17 b 18 b 19 d 20 b 21 a 22 b 23 b 24 d 25 a 26 a 27 c 28 d 29 a 30 c

Q. No. Answer 31 b 32 a 33 d 34 a 35 d 36 b 37 a 38 c 39 d 40 b 41 b 42 b 43 c 44 b 45 c 46 c 47 c 48 d 49 a 50 c 51 a 52 b 53 a 54 a 55 d 56 d 57 a 58 b 59 a 60 a

Q. No. Answer 61 b 62 a 63 d 64 a 65 d 66 d 67 b 68 c 69 a 70 a 71 c 72 a 73 b 74 d 75 a 76 d 77 b 78 d 79 c 80 b 81 a 82 a 83 a 84 a 85 a 86 b 87 c 88 b 89 b 90 c

Q. No. Answer 91 a 92 b 93 a 94 d 95 a 96 b 97 c 98 a 99 b 100 a 101 a 102 c 103 c 104 b 105 a 106 a 107 a 108 c 109 c 110 b 111 d 112 c 113 c 114 b 115 a 116 b 117 d 118 d 119 d 120 d

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

The Punjab Land Revenue Act, 1967 is divided into Fifteen Chapters. There are 184 sections in PLRA, 1967. There is one Schedule in PLRVA, 1967. Lambardar is the most important functionary in the Village. Lambardar is give 5 per cent of land revenue collection which is called pachotra. The West Pakistan Land Revenue Act was passed by the West Pakistan Assembly on 4th November, 1967. Revenue is "the income the nation collects from taxes". The West Pakistan Land Revenue Act was published in the West Pakistan Gazettee (Extraordinary) dated 7th December, 1967. The West Pakistan Land Revenue Act, 1967 was given name as "the Punjab Land Revenue Act, 1967" in 1974. The purpose of PLRA, 1967 : making and maintenance of record-of-right, assessment and collection of land revenue, appointment and functions of Revenue Officers. The WPLRA, 1967 was enforced in whole West Pakistan except the "Tribal Areas" WPLR Rules was passed and enforced in 1968. WPLR Assessment Rules was enforced in Pakistan in 1968. Land occupied as the site of a town' is excluded from the operation of the PLRA, 1967. Collector can determine that what lands are included within the site of a town or village. For the purposes of the PLRA, 1967 'agricultural year' means the year commencing on the first day of July. A person liable for an arrear of LR is called Defaulter. An area for which a separate ROR has been made is called -Estate. Estate menas any area -a) for which a separate ROR has been made, b) Which has been separately assessed to LR, c) Which the BOR may by general rule or special order, declare to be an estate. BOR means the BOR established under the BOR Act, 1957. Survey number is also known as Khasra Number. The estimated average annual surplus produce of estate or group of estates remaining after deduction of the ordinary expenses of cultivation is called Net Assets. LR is the revenue of the nature of a rent charged by the state as : Overlord of the land. There is no bar to the appointment of females as Lambardars in law. The law gives the collector power to appoint a minor as Lambardar. A temporary Lambardar cannot claim permanent appointment as of right.

25 Different crops in different seasons' practice of cultivation can be referred to as crop rotation. 26 27 28 29 Land Revenue' is not an indirect tax. Khata' is Holding of a landlord. A list of owner's holding is called: 'Khewat' Kanugos, Patwaris, Kotars and Lambardars are called Village Officers. A portion of land of which the are is separately entered under an indicative number in the 30 ROR is called "Khasra Number".

31 Lambardar is a person appointed un the PLRA whose duty is to collect Revenue. Hereditary Lambardari System (Headman System) was abolished by the Supreme Court of 32 Pakistan in 2002. Provincial Government' can change the number and limits of Divisions, Districts and 33 Tehsils in the Province. Where the appeal lies to the collector what is the period of limitation for an appeal -Thirty 34 days'. 35 Where the appeal lies to the BOR, what is the period of limitation for an appeal Ninety days. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Land which remained unsown for eight successive harvests is called -Banjar qadim. Land which remianed unsown for four successive harvest is called: Banjar Jadid. The Ros have been classified into five categories. Where the appeal lies to the Commissioner, what is the period of limitation -Sixty days. A collector cannot review the orders of his predecessor-in-office without first obtaining the sanction of Commissioner. Kanungos, Patwaris, Zabits, Kotars, Arbabs, Raise and Lambardars are called in terms of LRA village officers. Local revenue administration of a Tahsil has been entrusted to Tehsildar. The functions to be performed by an y class of Ros shall be determined and notified by the BOR except those specified in LRA, 1967. Uncultivated land is classified into three types. Cultivated land is classified into seven types. The sale of immovable property of defaulter shall be conducted by a RO not below the rank of a Tehsildar. Girdawari means Inspection of Harvest. The post higher next to Tehsildar is Assistant Commissioner not Naib-Tehsildar, Commissioner or Ziladar Revenue. Local revenue administration of a Division has been entrusted to Commissioner. Local revenue admin. Of a District has been entrusted to Collector. Local revenue admin. Of a Sub-Division in a District has been entruested to Under whichsanction the remedy of 'Rivision' has been provided -Section 184. Under whichsanction the remedy of 'Review' has been provided -Section 163. The village map showing the position of boundaries of every field is known as Shajra Kishtwar. Under which section of PLRA the procedure for mutation has been laid down -Section 42. For mutation any person must acquire any right in an estate through Inheritance or gift, purchase,or Mortgage. To whom a person acquiring any right in an estate as a land-owner should report for mutation -Patwari Who can conconfer on any person the powers of Assistant Collector -BOR. The Govt. of the Punjab can confer on any person the powers of Assistant Collector. BOR, Punjab is the highest court of appeal in revenue cases in the province.

61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92

BOR is the highest court of revision in revenue cases in the province. The post higher next to the Patwari is 'Kanungo'. The Post higher next to the Kanungo is Naib Tehsildar. The officer known as Tehsildar in the Punjab & KPK is known in Sindh as Mukhtiarkar. What persons can appear and conduct cases and make applications before RO ? A) parties themselves, b) authorised agents, c) Legal practitioners. On whom a summons issued by a RO can be served? A) personally on the person to whom it is addressed, b) on authorised agent of the person to whom it is addressed, c) an adult male member of his family usually residing with him. Under Section 32 of PLRA a RO's proceedings are valid although held on holiday. VOC can be imposed at such rate not exceeding five percent of the LR. Two types of Records are present in LRA. The record prepared once in every four years is called 'Periodical Record'. Maintenance of ROR in cities and towns is a function of BOR. The register of crops inspection is called 'Khasra Girdawari'. The statement of customs respecting rights of liabilities in the estate is called 'Wajib-ul-Arz'. A piece of cloth on which the village map is drawn showing the position and boundaries of every field is known as 'Shajra Parcha'. A village note book or Lal Kitab shall be prepared for each Estate. Lal Kitab comprises following statements -a) Annual area, annual crops and annual revenue account, b) Annual transfer of land, c) Annual sales and mortgages, assessment. Under Section 24 of PLRA, the mode of service of summons issued by a RO has been laid down. What is the vernacular word for 'mutation' -Intiqal Under Section 48 of PLRA the penalty for failure to report the acquisition of a right in land by inheritance, purchase, gift, etc. has been provided. A penalty of a fine not exceeding five hundred rupees is provided in the PLRA for failure to report the acquisition of a right in land by inheritance, purchase, gift, etc. within three months. A person received summons from a RO. What are the consequences of failure to appear before him -Fine upto five hundred rupees What the period of Kharif crop starts in Pakistan? -May and June The period of Kharif crop ends in Pakistan in 'September and October'. The period of Rabi Crops starts in Pakistan in 'October and November. The period of Rabi Crops ends in Pakistan in April and May. Fixing the amount of and imposing land revenue upon an estate is called -Assessment. Assessment shall remain in force for a period of 25 years. The Punjab Riverain Boundaries Act was enforced in 1899. The PLR (North-West Frontier Province Amendment) Act was enforced in 1935. The PLRA (Second Amendment) was enforced in 1950. The PLRA (North-West Frontier Province Amendment ) Act was enforced in 1954. The PLRA (Amendment) was enforced in 1955.

93 The West Pakistan (PLRA) Amendment) Act was enforced in 1956. 94 An arrear of LR may be recovered 'by arrest and detention of the defaulter'. When an order is made by an Assistant Collector of either grade, an appeal shall lie from an 95 original or appellate order of Revenue Officer to the Collector. When a matter has been decided by a civil court, that decision does not only operate by way 96 of judicata but also bars the jurisdiction of the BOR. 97 What is Khadir -Low lying land near rivers. 98 Karam is a Unit of length. 99 A portion of crop which has failed to come to maturity is called -Kharaba. 100 A surcharge of 5 percent on the revenue paid to village headmen is called :Pachotra. 101 A group of estates forming a sub division of a district or Tehsil is called :Pargana 102 The deputy of Tehsildar is known as : Naib Tehsildar. 103 ret means Sand. 104 Sarsahi is a unit of Area. 105 What is parta -Assessment rate. 106 The BOR is the successor of the office of the Financial Commissioner. BOR is the controlling authority in all matters connected with the administration of land, 107 collection of govt. dues including land taxes, land revenue, preparation of land records and other matters relating thereto. 108 PLR (West Pak Amendment) Ordinance was enforced in 1959. The West Pak Determination of Land Revenue and Water Rate Ordinance was enforced in 109 1959. 110 The PLR (West Pak Amendment ) Ordinance ws enforced in 1962. 111 The Sind Revenue Jurisdiction Act was enforced in 1876. 112 The Bombay Land Revenue Code was enforced in 1879. 113 The Sind Village Officers Act was enforced in 1881. 114 The PLRA, 1887 was enforced in April 1887. 115 PLR , 1967 (West Pak Act XVII of 1967) was enforced on 7th December, 1967. 116 Section 57 of PLRA, 1967 deals with Special power in cases of urgency. Ordinary expenses of cultivation include payments, if any, which the landowner customarily 117 bears, whether in kind or in cash, and in a) maintenance of embankments, b) water rates, c) maintenance of means of irrigation. Ordinary expenses of cultivation include payments, if any, which the landowner customarily bears, whether in kind or in cash, and in whole or in part whether in respect of : a) supply of 118 seed, b) supply of manure, c) improved implements of husbandry.a) maintenance of embankments, b) water rates, c) maintenance of means of irrigation.

119

120

121

122 123 124 125 126 127 128 129 130 131 132 133 134 135

Ordinary expenses of cultivation include payments, if any, which the landowner customarily bears, whether in kind or in cash, and in whole or in part whether in respect of : a) the share that would be retainable by a tenant if the land were let to a tenant paying rent, whether in cash or in kind, at the normal rate actually prevalent in the estate or group of estates, b) interest charges payable in respect of advances made in cash, free of interest, to tenants for the purpose of cultivation c) wages or customary dues paid to village auxiliaries whose products or labor are utilized for the purposes of cultivation and harvesting. Rates and cesses' means rates and cesses which are primarily payable by land-owners, and include: a) the local rate, if any, payable under any law for the time being in forces, and any fee similarly leviable from land-owners for the use of, or benefits derived from embankments and works for supply or storage of water for agricultural purposes and for the preservation and reclamation of soil and drainage and reclamation of swamps b) any annual rate chargeable on owners of land under any law for the time being inforce for the benefits derived from drainage works carried on for the public health, or for the improvement of land or for the proper cultivation or irrigation thereof, or for the protection from floods or other accumulations of water, or from erosion by a river; c) village officers' cess: and any sum payable on account of village expenses. Tenant means a person who hold land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person, and includeds the predecessors and successors-in-interest of such person, but does not include :a) a mortgagee of the rights of a landowner, b) a person to whom a holding has been transferred, or an estate or hold has been let in farm, under the provisions of this Act, for the recovery of an arrear of land-revenue or of a sum recoverable as such an arrear ; c) a person who takes from govt. a lease of unoccupied land for the purpose of subletting it. Section 74 of PLRA, 1967 deals with Liability for payment of land-revenue. Sec-75 of PLRA deals with Security for payment of land revenue. Sec.76 of PLRA deals with Orders to regulate payment of land revenue. Sec.77 of PLRA deals with Rules to regulate collection , remission and suspension of land revenue. Sec.78 of PLRA deals with Costs recoverable as part of arrear. Sec.79 of PLRA deals with Certified account to be evidence as to arrear. Sec.80 of PLRA deals with Processes for recovery of arrears. Sec.81 of PLRA deals with Notice of demand. The PLRA describes the rights and relations between the State and land-owners. Sec.86 of PLRA deals with Annulment of assessment of holding. Sec.87 of PLRA deals with proclamation of attachment or annulment of assessment and consequences of proclamation. Sec.88 of PLRA deals with Sale of holding. The LR assessed and payable in respect of a holding is the first charge upon the rernts, profits and produce thereof. In which section fo PLRA the procedure for the recovery of arrears of land revenue has been laid down -Sec-80-91.

The first step for the recovery of arrears of land revenue is Service of a notice of demand on the defaulter. Arrest and detention of the defaulter of land revenue is made under sec of PLRA 1967. 137 Sectopm 82. When proceedings are taken under Punjab LRA for the recovery of arrear, the person against 138 whom the proceedings are taken iif denies his liablility , he may institute a suit ina Civil Court. 136 139 The shape of land measurement or survey shall be bases on square system or: rectangulation. 140 The report for mutation to the Patwari must be made withi : Three months. On a report by the land-owner for mutation on acquiring any right in an estable the Patwar shall do the following: a) record such report in the Roznamcha, b) furnish a copy of the 141 report to the person makng the repeport, c) send a copy of the report, to the office of Union Administration. The khewat is the number of owner's holdings which should be arranged in the order in 142 which the names of owners are given in the village: genealogical trees. In the case of towns where the genealogical trees and not in existence, the order of khewat 143 number is government by: Khasra Numbers. 144 What is the vernacular word for 'acre': Karam The rise or collection of sub-soils water or moisture to such an extent that the land so 145 affected becomes unfit for cultivation is called : sem 146 Penalty for encroachment on any village road is : imprisonment for three months. 147 PLRA was enforced on 7th Dec., 1967 148 Sec.5 of PLRA deals with Province to be divided into Districts. 149 Sec.6 of PLRA deals with Districts to be divided into Tehsila. 150 Sec.7 of PLRA deals with :Classes of Revenue Officers. 151 Sec.8 of PLRA deals with :appointment of Collector. 152 Sec.9 of PLRA deals with :Additional Collectors. 153 Sec.10 of PLRA deals with :Assistant Collectors. 154 Sec.11 of PLRA deals with :Tehsildars. 155 Sec.12 of PLRA deals with: Certain appointments to be notified. 156 Sec.13 of PLRA deals with: Superintendence and control of Revenue Officers. 157 Sec.14 of PLRA deals with : Power to distribute business and withdraw and transfer cases. 158 159 160 161 162 163 Sec.15 of PLRA deals with : Combination of offices. Sec. 16 of PLRA deals with :Conferment of powers of Revenue Officers. Sec. 17 of PLRA deals with :Functions of Revenue Officers. Sec. 18 of PLRA deals with :Retention of powers by ROS on transfer. Sec. 19 of PLRA deals with :Subordination of ROs. Sec. 20 of PLRA deals with : Powers to make rules as to procedure. Sec. 21 of PLRA deals with : Persons by whom appearance and applications may be made 164 before and to Ros.

165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183

184 185 186 187 188 189

Sec. 110 of PLRA deals with :Mode of payment for movable property when sale is subject to confirmation. BOR is the custodian of the rights of the Land holders. BOR is the highest Revenue Copurt in the province with appellate / Revision jurisdiction against orders of subordinate revenue officers / courts including Commissioners and Collectors. All Revenue Officers and Revenue Courts are subject to the general superintendence and control of the BOR. BOR itself is subject to the administrative control of the Provincial govt. A famous book "Revenue and Income of Country" was written by William H. K. Mick. Village Officer is authorised by competent authority to collect land revenue. Liability for payment of land revenue is discussed under the sec. 74 of PLRA. Under Sec.49 PLRA nuclear energy, mineral oil and natural gas are property of Federal Government. Under Sec.49 PLRA mines and minerals except nuclear energy, mineral oil and natural gas are property of Govt. of the Punjab. Under Sec.56 A of LRA following land is exempted from land revenue: a) irrigated land not exceeding 2.5 acres; b) unirrigated land not exceeding 5 acres. Sec.52 of PLRA deals with "presumption in favor of entrries in ROR and PR. Sec.53 PLRA deals with "suit for declaratory decrees by persons agrieved by an entry in a record. Sec.54 of PLRA deals with ROR and PR for groups of estates. "Agricultural year" means the year commencing on the first day of July, or on such other date as the BOR with the previous approval of govt. may by notification, appoint for any specified areas. In the absence of fixation of inspection date by BOR, the inspection of Kharif harvest shall commence on 1st October. In the absence of fixation of inspection date by BORD, the inspection of Rabi harvest shall commence on 1st March. In the absence of fixation of inspection date by BOR the inspection of Extra Rabi (Zaid Rabi) harvest shall commence on 15th March. Village note book or Lal Kitab shall be prepared for each estate, comprising the annual Kharif Crops, annual Rabi Crops and a)Annual Arears of that estate, b) Annual revenue account & Annual Transfers of loand by owners etc. BOR may by notification direct the survey of any land in any part of the province with a view to a) the settlement of land revenue, b) the preparation of ROR, c) Any other similar purpose. Pakistan's major seasons for agricultural crops are Kharif and Rabi. Sec.82 of PLRA deals with arrest & detention of deafulter. Sec.83 of PLRA deals with Distress and sale of movable property and crops. Sec.84 of PLRA deals with Transfer of holding. Sec.85 of PLRA deals with attachment of holding.

Land administration is the regulatory framework, institutional arrangements, systems and 190 processes that encompass the determination, allocation, administration and information concerning land. The Land Admin System (LAS) in Pakistan is organized on the traditional system of Land 191 registers and maps. BOR at provincial level is mandated with all matters connected with admn. Of the land, 192 collection of land revenue, paration of land records and other matters. 193 BOR is the highest court of appeal in revenue cases within the province. 194 BOR is the highest court of revision in revenue cases within the province. 195 Senior Member BOR IS Chairman of BOR or Chief Land Commissioner. The land record data is maintained at Tehsil offices whereby record sets are developed at 196 time of settlement. 197 Field Map shows all the fields, duly measured and numbered in a village. Field Map is basically a surveyed paper map at different scales depending upon village area, 198 normally at a scale of 1" = 40 karam. 199 The yard-stick of measuring a field is called Karam which is 5.5 feet in length. 200 Mussavi is developed at the time of settlement. No changes can be made in this record-set till next settlement which is noramally carried out 201 after every 30-35 years. Field Book -This contains the details of measurement of each field e.g. its length, breadth, 202 diagonal detail, and worked out total area. All the Mussavis of a village are drawn up conjointly on a cloth (Lattha) for day-to-day use 203 by the Patwari which is called Shajra Kishtwar. Register Haqdaran-e-Zamin (Jammabandi) -This is the most important register containing 204 necessary particulars about ownership, tenancy, khasra number and its classification, source of irrigation, land revenue, and Rent (Lagan). Register of Mutations -It contains particulars of all transactions which are entered by the 205 Patwari and decided by the Revenue Officer. Register Khasra Girdawar -This register contains details of the inspection of crop grown in each field in each harvest and all changes of ownership and tenancy. It is a track record of 206 the possession of a particular patch of land which helps to resolve issues relating to ownership of that patch. Lal Kitab -This book has details about statistics of a village land e.g. total area, area sown, assessment of land revenue, number of entered and attested mutations, notes about changes 207 in cultivation, and ownership for the last four years. It also shows the population of a village and the approximate number of livestock. It is a statistical book of a village. Fard Bach -It contains the details of the demand of land revenue and cesses thereon 208 recoverable from each land owner in a village. 209 Roznamcha Waqiati -All the happenings about land affairs are recorded in this diary. For instance, hailstorm, severe rains, the reports of all transactions of land, encroachments on.

210 BOR Deptt. Maintained the land record in Pakistan.

211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228

Certified copies of land records are the following: a) Khatauni, b) Jamabandi, c) Khasra Gurdhawari. The Grade (BPS) of Tahsildar is 16. Tahsildars are appointed by Punjab Public Service Commission. Khatauni are kept in the custody of Halqa Patwari. Khatauni contains entries regarding, ownership, cultivation, and various rights in land. Khatauni is revised after every 4 years. Khatauni is prepared by Patwari. Khatauni is the register of all persons cultivating or otherwise land in a village. Major functions of the Rev. Deptt. Are as under: a) collection of land revenue, b) transaction of land, & c) maintenance of record of rights. Major functions of the Rev. Deptt. are as under: a) conduct of girdawari, b) decision of cases, & c) appointment as local commission. Jamabandi is a document prepared as part of ROR of all persons owning land in a village according to Punjab Land Record Manual. Jamabandi contains entries regarding ownership, cultivation and various rights in land. Jamabandi are kept in the custody of Halqa Patwari. BOR is the highest authority in the classification of Revenue Officers. Assisstant Collectors of the Second Grade is the lowest authority in the classification of ROs. Khasra Girdhawari register is used for harvest inspection. The work of Halqa patwari is supervised by a Field Kanungo. The work of Halqa patwari is supervised by a field Kanungo, whose main duties are: a) General supervision over patwari, b) supervision over village maps, & c) checking of patwari's records and statistics.

A Patwari has chief duties: a) the maintenance of record of the crop grown at every 229 harvest, b) the keeping of the record of rights up to date by the punctual record of mutations, & c) the keeping of the record of rights up to date by the punctual record of mutations. Procedure for carrying out mutation: a) apply on a plain paper with a non-judicial stamp of Rs.5 affixed on it, b) application should be addressed to the Tehsildar of the area in which 230 the land is situated, c) clearly mention the name of the village in which the right has been acquired and give description of the land. 231 Certified copies of land record are the following: Khatauni, Jamabandi, khasra girdawari. 232 Certified copies of land record like Khatauni / Jamabandi & Khasra Girdhawari can be obtained by any person of any revenue record available in the office of Tehsildar.

The Punjab Tenancy Act, 1887 (PTA)

1 Date of enactment of the PTA -23rd September, 1887. 2 Total schedules in PTA -01 3 Total chapters in PTA -08 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90

The Land Acquisition Act, 1894 (LAA)

1 2 3 4 5 6 LAA came into force on the 1st March, 1894. (same as Sr.No.3) Land Acquisition Act (LAA) , 1894 was passed on 2nd February, 1894. LAA came into force on the 1st March, 1894. "Land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. "Persons interested" include all persons claiming an interest in compensation to be made 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 easement affecting the land. "Collector" means the Collector of a district, and includes a) District Officer (Rev.), b) any officer specially appointed by the BOR, and c) Executive District officer (Rev.) "Court" means a principal Civil Court of original jurisdiction, and includes the Court of any Addl. District Judge and any Civil Judge whom the Prov. Govt. may appoint, by name or by virtue of his office, to perform concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act. "Company" means a Company registered under the Companies Ordinance, 1984, or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliement of the United Kingdom or by a Pakistan law, or by Royal Charter or Letters Patent and includes a society registered under the Societies Registration Act. "Public purpose" includes the provision of village-sites in districts in which the Prov. Govt. shall have declared by notification in the official Gazette that it is customary for the govt. to make such provision. "Trustee" for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from diability. "A married woman" in cases to which the English law is applicable, shall be deemed the person so entitled to act, and whether of full age or not, to the same extent as if she were unmarried and of full age. "The Guardians" of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted. No person shall be deemed "entitled to act" whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act. In every, such case the person interested may appear by a next friend or, in default of his appearance by a, next friend, the Collector, Court as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof. In determing the amount of compensation to be awarded for land, the Court shall take into consideration following : a) the market-value of the land at the date of publication of the notification under sec.4, sub-sec.(1), b) the damage of any standing crops or trees, c) the damage of severing such land from his other land. Court shall award 15% of the market-value in addition to the market-value of land in consideration of the compulsory nature of the acquisition. In determining the amount of copensation to be awarded for land, the Court shall Not taken into consideration; a) the degree of urgency, b) improvements on the land acquired, c) increase to the value of the land. When the award of the Collector is not upheld by the Court "Collector" shall pay the costs incurred in the proceedings before the court. The Collector may be directed to pay on excess compensation -8% per anum The dispute as to apportionment can be referred to the Court under sec.30.

10

11

12

13

14

15

16 17 18 19 20

21 Collector can refer the dispute as to apportionment to the Court. The collector shall deposit the amount of the compensation in the court in following cases: a) the persons interested do not consent to receive compensation, b) if there be no 22 person competent to alienate the land, c) if there be any dispute as to the title to receive the compensation. For how long period temporary occupation of waste or arable land can be procured ? -not 23 exceeding three years. An industrial concern employing not less than 100 workmen can be deemed company for 24 certain purposes. A company which acquires land under this Act cannot transfer the land by sale, mortgage, gift, 25 lease or otherwise, except with the previous sanction of the Provincial Govt. After the issuance of notification within 30 days objections to the acquisition of land can be 26 raised. 27 Objections against the acquisition of land shall be made to the Collector in writing. Commissioner is competent to give final decision on the objections against acquisition of 28 land. A declaration that land is required for a public purpose under sec.6 shall be made to that 29 effect under the signature of Commissioner. A declaration under sec.6 shall be conclusive evidence that the land is needed for a public 30 purpose or for a company. 31 Publication of preliminary notification and powers of officers thereupon -4 Thereupon it shall be lawful for any officer, either generally or specially authorised by the Collector of the District in this behalf, and for his servants and workmen; a) to enter upon and 32 survey and take levels of any land in such locality; b) to dig or bore into the subsoil; c) to do all other acts necessary to ascertain whether the land is adapted for such purpose. (also at sr.No.44 below) 33 Sec.7 deals with "after declaration Collector to take order for acquisition". 34 Sec.8 deals with "Land to be marked out, measured and planned". 35 Sec.9 deals with "Notice to persons interested". Sec.10 deals with "Power to require and enforce the making of statements as to names and 36 interests". 37 Sec.11 deals with "Enquiry and award by Collector". 38 Sec.12 deals with "Award of Collector when to be final". 39 Sec.12A deals with "Correction of mistake". 40 Sec.13 deals with "Adjournment of enquiry". Sec.14 deals with "Power to summon and enforce attendance of witnesses and production of 41 documents". The preliminary notification for the acquisition of land is published under sub-sec.1 of 42 section 4. Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a company, a notification to that effect shall 43 be published a) in the Official Gazette, b) at convenient places in the said locality, c) in two daily newspapers. After the publication of preliminary notification under sub-sec 1 of sec 4 for the acquisition of any land it is lawful for the officers; a) to enter upon and survey and take levels of any land in 44 such locality; b) to dig or bore into the subsoil; c) to set out the boundaries of the land proposed to be taken. (also see at Sr.No.32 above) In cases of urgency the Collector can take possession of any building by giving a notice of 48 45 hours.

In cases of urgency the Collector shall at the time of taking possession offer to the persons 46 interested compensation for the : a) standing crops, b) standing trees, c) damage caused by sudden dispossession. If any person does not accept the award he can request the Collector to refer the matter to 47 court. The limitation period for raising objections against the award if the person was present or 48 represented before the Collector at the time of making award is six weeks. The Prov. Govt. may, if it has not accepted the award, refer the matter to the court within a 49 period of six months. In making the reference, to the court the collector shall state for the information of the court: 50 a) the situation and extent of the land, b) the names of the persons interested, c) the amount awarded for damages. The court shall serve the notice for appearance before the court to determine the objection on 51 the applicant, all persons interest and the collector. 52 The proceedings for the land acquisition shall take place in open court. Upon cross objection of the provincial govt., a local authority, a company, the court may 53 reduce the amount awarded by the Collector. 54 Matters to be neglected in determining compensation are provided in Sec.24. 55 Commissioner shall acquire the land after publication of declaration. 56 The collector announces the Award under Sec.11. After necessary inquiries the collector shall declare his award showing: a) the true area of the land, b) the compensation which in his opinion should be allowed for the land, c) the 57 apportionment of the said compensation among all the persons known or believed to be interested in the land. The Collector shall give immediate notice of his award to the persons interested as are not 58 present personally or by their represenatives when the award is made. Any clerical or arithmetical mistake in the award arising therein from any accidental slip or 59 omission may, at any time, be corrected by the Collector. A correction in the award shall be made by the Collector a) on his own motion, b) on the 60 application of any of the parties. 61 62 63 64 65 66 67 The Collector shall have power to summon and enforce the attendance of witnesses, in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure. In determining the amount of compensation the Collector shall be guided by the provisions contained in sections 23 and 24. Before taking possession of the land the Collector shall a) announce award, b) tender full payment. The ROs have special powers in cases of urgency under sec.17. In cases of urgency, after 15 days from publication of the notice mentioned in sub-sec.1 of sec.9 the collector can take possession of land. In cases of urgency, upon Commissioner direction the collector may taken possession of any land needed for public purposes or for a company. The Collector can take possession of land though no award has been made in following cases: a) urgency, b) sudden change in the channel of any navigable river, c) maintaining traffic over a public road.