PUNJAB JINNAH ABADIS FOR NON-PROPRIETORS IN RURAL AREAS ACT,
(Act III of 1986)
1. Short title,
extent and commencement.
3. Grant of land.
6. Cancellation of
8. Liability of
10. Power of
12. Repeal of Act V of
13. Repeal of Ordinance
II of 1986.
PUNJAB JINNAH ABADIS FOR NON-PROPRIETORS IN RURAL AREAS ACT 1986
(Act III of 1986)
[31 May 1986]
An Act to provide for housing facilities to
non-proprietors in the rural areas of the
Preamble.– Whereas it is expedient to
make provisions for providing housing facilities to non-proprietors in the
rural areas of the Punjab and to provide for matters connected therewith or
It is hereby enacted as follows:-
1. Short title, extent and commencement.–
(1) This Act may be called the Punjab Jinnah Abadis for Non-proprietors in
Rural Areas Act 1986.
(2) It shall apply to all rural areas
in the Punjab except such rural areas as
may be excluded from the operation of this Act through a notification by the
(3) It shall come into force at once.
2. Definitions.– In this Act, unless
there is anything repugnant in the subject or context–
(a) “Abadi-deh” means an area recorded
as such in the record of rights and is a rural area;
(b) “Allotment Committee” means a
Committee which may be set up as prescribed for a revenue estate for the
purposes of this Act;
“Collector” means the Collector of a District appointed under the Punjab
Land Revenue Act, 1967 (XVII of 1967) and includes an officer authorized by
the Government to exercise the powers of the Collector;
(d) “Commissioner” means a Commissioner
of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of
1967) and includes an Additional Commissioner;]
* * * * * * * * * * * *];
(f) “Government” means the Government
of the Punjab;
“Non-proprietor” means a person who is permanently residing in a rural area
and who or any member of whose family does not own any agricultural land or
other immovable property anywhere in Pakistan;
(h) “Prescribed” means prescribed by
rules made, instructions issued, or schemes sanctioned, by the Government
under this Act;
(i) “Rural Area” means an area other
than the area defined as urban area by or under any law relating to Local
Government for the time being in force.
Explanation.– For the purpose of
(i) “family” means husband, wife and
their unmarried children; and
(ii) “immovable property” shall not
include the structure raised by a non-proprietor on land not owned by him.
3. Grant of land.– The Government may
grant land, free of cost not exceeding seven marlas in a rural area, on such
terms and conditions as may be prescribed, to a non-proprietor in the
revenue estates in the Union Council in which he ordinarily resides, for the
construction of a house by him for his residence.
4. Allotment.– To give effect to the
provisions of section 3, the Collector may, on the recommendation of the
Allotment Committee, allot land to non-proprietors.
5. Proprietary Rights.– On the
completion of the construction of a house on the land allotted to him and
subject to the condition that neither the house nor the land shall be
alienated during a period of ten years from the date of allotment, the
Government may grant proprietary rights to an allottee in such manner as may
Explanation.– If, before the
commencement of this Act, an allottee had constructed a house on the land
allotted to him under this Act, it shall be deemed as sufficient compliance
of the provisions of sections 3 and 5.
Cancellation of allotment.–
Notwithstanding the grant of proprietary rights to an allottee, the
Collector shall, after giving the allottee an opportunity of being heard,
cancel the allotment and resume the land if he is satisfied that the
furnished wrong information for securing allotment in his favour; or
(b) has committed a breach of the
conditions of allotment provided for by this Act, or by the rules made,
instructions issued, or the schemes framed, under this Act:
Provided that the allottee may be given
reasonable time to rectify a breach mentioned in clause (b).
7. Re-entry.– (1) Where land had been
resumed under the provisions of section 6, the Collector may issue an order
requiring the allottee to remove all buildings, structures and other
property belonging to him from the site and to deliver vacant possession of
the site to the Collector within a period not exceeding one month from the
date of the order.
(2) If the allottee fails to comply
with the order issued under sub-section (1), the Collector may re-enter,
take possession of the land and execute the order under sub-section (1).
(3) In case of re-entry under
sub-section (2), the building, structure and other property mentioned in
sub-section (1) shall be sold.
(4) The cost of execution under
sub-sections (2) and (3) shall be recovered from the sale proceeds accruing
under sub-section (3).
8. Liability of acquisition.–
Notwithstanding anything to the contrary contained in the Land Acquisition
Act, 1894 or in any other law for the time being in force, land in rural
areas including such residential sites in the village Shamlat and abadi deh
in possession of non-proprietors whereupon the non-proprietors have built
residential houses for permanent residence shall be liable to acquisition by
Government at any time under that Act for the purpose of providing housing
facilities and ancillary uses to non-proprietors under this Act:
Provided that land on which there is an
orchard, a well, a tubewell or on which there is a building constructed by
the owner shall not be acquired for the purposes of this Act.
Explanation.– Acquisition of
land for purposes of this Act shall be deemed as “public purpose” within the
meaning of the Land Acquisition Act, 1894.
An appeal shall lie to the [Commissioner]
against every order made by the Collector under this Act and the decision of
thereon shall be final:
* * * * * * * * * * * *];
no order in any appeal under this section shall be passed without providing
to the person to be affected thereby an opportunity of being heard; and
the limitation for filing an appeal under this section shall be thirty days
from the date of the impugned order and the provisions of section 5 of the
Limitation Act, 1908 (Federal Act IX of 1908) shall apply to an appeal under
Power of Government.– (1) The
Government may frame schemes and issue instructions consistent with this Act
and the rules framed thereunder, relating to all matters to which the
provisions of this Act apply.
If the Government considers that anything done or intended to be done by or
on behalf of any Officer or authority exercising any powers under this Act,
is not in conformity with law or is, in any way, against public interest, it
may, by order, quash the proceedings, suspend the execution of any order, or
prohibit the doing of anything proposed to be done or require such Officer
or authority to take such action as may be specified.
(3) The Government may delegate any of its powers and functions under
sub-section (2) to any Officer not below the rank of
Rules.– The Government may make rules for the purposes of this Act.
12. Repeal of Act V of 1975.– The
Punjab Housing Facilities for Non-proprietors in Rural Areas Act, 1975 (V of
1975) is repealed.
13. Repeal of Ordinance II of 1986.–
The Punjab Jinnah Abadis for Non-proprietors in Rural Areas Ordinance, 1986
(Ordinance II of 1986) is hereby repealed.