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Punjab Acquisition of Land (Housing) Rules, 1973

 

In exercise of the powers conferred by the section 21 of the Punjab Acquisition of Land (Housing) Act, 1973, the Governor of the Punjab is pleased to make the following rules :

 

1.         These rules may be called the Punjab Acquisition of Land (Housing) Rules, 1973.

 

2. (1) In these rules unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-

(a)                ‘Act’ means the Punjab Acquisition of Land (Housing) Act, 1973.

 

(b)              ‘Awardee’ means a person who is entitled to receive compensation according to an award under the Act, and

 

(c)               ‘treasury’ means a Government Treasury located in the Province of the Punjab and includes a sub-treasury.

 

(2)        All expressions used but no defined in these rules but defined in the Act, shall bear the same meanings as they bear in the Act.

 

3.         (1) Notice to owners and claimants under section 6 (1) of the Act shall be issued by the Collector to all such persons as are known or believed to be owners or claimants of interest according to the entries in the revenue record or any other information available to the Collector as a result of such enquiry as he may deem fit, of the land sought to be acquired.

 

(2)        The notices referred to in sub-rule (1) shall be served personally or through registered post (acknowledgment due) of the person concerned cannot be found, notice may be served in any adult male member of his family. In case service on adult male member of the family is also not possible the service of the notice may be effected by affixing a copy thereof upon some conspicuous part of the house in which the individual concerned resides or is known to have last resided and also upon a conspicuous place on or near the land to be acquired.

 

4.         Except as otherwise provided in section 11 of the Act, the manner of payment, the form of payment and combination of such forms shall be such as may be determined by the Government or the Official Development Agency, as the case may be for each individual housing scheme for which the land is acquired.

 

5.         (1) The Collector shall at the time of announcing the award announce the dates time and place at which awardees may upper before him to receive cash payments.

 

(2)        In case an awardee fails to appear before the Collector to receive the cash compensation on the appointed day and time, the Collector shall deposit the amount payable to such awardee in the nearest treasury to the credit of the awardee within a period of 90 days of the announcement of the award.

 

(3)        A deposit of cash compensation by the Collector in the treasury to the credit of an awardee shall be deemed to be payment of cash compensation to the said awardee.

 

6.         (1) An Organization that may be declared to be an Official Development Agency under sub-clause (iv) of clause (f) of sub-section (1) of section 2 of the Act shall be bound by the following terms and conditions :-

 

(i)         The selection of a site for a housing scheme shall be subject to the approval of the Government. Before submission to the Government for approval, a proposal in this behalf shall pass scrutiny of and be cleared through such channels as the Government may require:

 

(ii)        A housing scheme to be submitted to Government for approval shall be accompanied by the following information

(a)        objectives of the scheme ;

(b)        area of the scheme ;

(c)        proposed land-use pattern ;

(d)        number and size of plots, houses, apartments, etc. to be provided ;

(e)        development standards and description of utility services to be provided :

(f)         approximate cost of the scheme supported by estimates and unit costs of developed plots, house, apartments, etc ;

(g)        proposed manner of disposal of plots, houses apartments, etc. and tentative prices to be charged along with the mode of recovery of the prices ;

(h)        time schedule for implementation ; and

(i)         any other information that the Government may require ;

 

(iii)        Before commencing the execution of work in an approved housing scheme, the Official Development Agency shall obtain sanction of the Government to a detailed project containing detailed plans, cost estimates, etc. and such information that the Government may require.

 

(iv)        The price at which Official Development Agency may dispose of the plots, houses, apartments, etc. in an approved housing scheme shall be subject to sanction of the Government. In support of its proposal in this behalf, the Official Development Agency shall supply such information as the Government may require.

 

(v)        After a housing scheme is approved the Official Development Agency shall proceed to implement it strictly in accordance with the time Schedule and other provisions of the scheme as approved and in accordance with the project as sanctioned by the Government. The Official Development Agency shall keep the Government informed of the progress in this behalf through periodic reports and shall supply and information that may be required by the Government at any time. The scheme shall be open to inspection at any time be such officers of the Government as may be authorised in this behalf..

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