UTILIZATION AUTHORITY ORDINANCE, 1981
Ord. VI of 1981)
Short title, extent and commencement.
3. Establishment of
5. Meetings of the
6. Delegation of
7. Powers and
functions of the Authority.
8. Preparation of
schemes and approval thereof by Government.
9. Preliminary notice
by the Authority.
10. Publication of
preliminary notification regarding proprietary land.
11. Objector to be
12. Declaration that land is
required for cultivation or development.
13. Authority to take
possession of the land.
14. Land to be marked
out, measured and planned.
14-A. Credit facilities to
14-B. Recovery of loans.
16. Employees of the
18. Budget and Audit.
19. Reports to be
furnished to Government.
20. Submission of
returns, statements, etc., to Government.
21. Director-General or
any other officer or employee to be a Revenue Officer.
22. Members, officers
and other employees of the Authority to be public servants.
24. Power to make rules.
25. Power to make
UTILIZATION AUTHORITY ORDINANCE, 1981
Ord. VI of 1981)
An Ordinance to provide for the establishment
of a Land Utilization Authority in the Province of the Punjab
WHEREAS it is expedient to establish a Land Utilization Authority for the
purpose of taking over temporarily the control and management of certain
culturable waste land in the Province, surveying
and assessing its potential and preparing schemes and projects for its
proper utilization, executing or arranging the execution of approved
projects and monitoring their effective implementation to achieve the
also to motivate land owners to develop their
culturable waste land, inter alia,
by providing credit facilities to them].
NOW, THEREFORE, in pursuance of the
Proclamation of the fifth day of July, 1977, read with the Laws (Continuance
in Force) Order, 1977 (C.M.L.A. Order 1 of 1977), the Governor of the
is pleased to make and promulgate the following Ordinance:-
1. Short title, extent and commencement.—
(1) This Ordinance may be called the Punjab Land Utilization Authority
(2) It extends to the whole of the
Province of the Punjab.
(3) It shall come into force at once.
2. Definitions.— In this Ordinance,
unless there is anything repugnant in the subject or context—
(a) ‘Authority’ means the Punjab Land
Utilization Authority established under the Ordinance;
(b) ‘Board’ means the Board constituted
under the Ordinance;
(c) ‘Chairman’ means the Chairman of
the Board and includes any person for the time being discharging the
functions of the Chairman;
(d) ‘Director-General’ means the
Director-General of the Authority and includes any person for the time being
discharging the functions of the Director-General;
(e) ‘employee’ means an employee of the
(f) ‘Government’ means Government of
(g) ‘member’ means member of the Board
and includes its Chairman;
(h) ‘officer’ means an officer of the
Authority other than the Chairman or the member;
‘prescribed’ means prescribed by rules framed under the Ordinance;
(j) ‘regulations’ means regulations
made under the Ordinance;
(k) ‘rules’ means rules framed under
the Ordinance; and
(l) ‘specified’ means specified by an
order of Government.
3. Establishment of the Authority.—
(1) Government may, by notification, establish an authority to be called the
Punjab Land Utilization Authority.
(2) The Authority shall be a body
corporate having perpetual succession and a common seal with powers, subject
to the provisions of the Ordinance, to acquire, hold and dispose of
property, both movable and immovable, and may, by the said name, sue and be
(3) The head office of the Authority
shall be at Lahore.
4. Board.— (1) The administration and
management of the Authority and its affairs shall vest in the Board which
may exercise all the powers and perform all the functions of the Authority
under the Ordinance.
(2) The Board shall consist of the
Minister for Agriculture Punjab who shall also be the Chairman of the
Chairman, Planning and Development Board, Government of the
(ii) Member (Revenue),
Board of Revenue, Punjab;
(iii) Secretary to
Government of the Punjab, Finance Department;
(iv) Secretary to
Government of the Punjab, Agriculture Department;
(v) Secretary to Government
of the Punjab, Irrigation Department;
(vi) Secretary to
Government of the Punjab
Communications and Works Department;
(vii) Secretary to
Government of the Punjab, Forestry and Wild Life
(viii) Secretary to
Government of the Punjab, Co-operative Department;
(ix) Secretary to
Government of the Punjab, Livestock, Dairy
Development and Fisheries Department;
(x) Member (Power) or the
General Manager (Distribution) Power Wing, WAPDA, if permitted by the
(xi) Army Member Border
Area Committee as constituted under the West Pakistan Border Area
Regulation, 1959 (MLR 9 of 1959);
(xii) Director-General of
the Authority who shall also be the Secretary of the Board; and
(xiii) four non-official
members to be nominated by Government from the farming community and members
of the local councils constituted under the Punjab Local Government
Ordinance, 1979 (VI of 1979).
(3) Government may, by notification,
increase, decrease or alter the membership of the Board.
(4) A member, other than an
ex-officio member, shall hold office for a period of two years:
Provided that Government may remove any
non-official member before the expiry of his term without assigning any
(5) Government may suspend the
execution of any resolution, decision or order of the Board which, in the
opinion of Government, contravenes any provision of the Ordinance or the
rules or regulations framed thereunder, or is not in conformity with any
direction given by Government, and may prohibit the doing of any act which
is to be done or is being done in pursuance of the said resolution, decision
or order, or if the act has been accomplished, order its rectification in
such manner as Government may direct.
5. Meetings of the Board.— (1) The
meetings of the Board shall be held at such time and place as may be
determined by the Chairman of the Board.
At least one meeting shall be held during each quarter of the year.
(3) The quorum for transaction of
business at a meeting of the Board shall be seven:
Provided that the meeting of the Board to approve the budget of the
Authority shall not take place in the absence of the Finance Secretary.
(4) All decisions at a meeting of the
Board shall be taken by majority of votes of the members present and in the
event of equality of votes, the Chairman shall have a casting vote.
(5) The meetings of the Board shall be
presided over by the Chairman and in his absence by a member as may be
nominated by him from amongst the members.
(6) No act or proceeding of the Board
shall be invalid merely by reason of a vacancy in, or defect in the
constitution of the Board.
(7) The minutes of every meeting of the
Board shall be drawn up and recorded in a book to be kept for the purpose
and shall be signed by the person presiding over the meeting and shall be
open to inspection by any member.
(8) The Director-General shall
circulate to all members a copy of the minutes of every meeting.
6. Delegation of powers.— The Board
may, by general or special order, and subject to such conditions as may be
specified in such order, delegate any of its powers, duties or functions
under the Ordinance or the rules and the regulations made thereunder, to a
member, officer or employee of the Authority.
7. Powers and functions of the
Authority.— (1) Subject to the provisions of the Ordinance, the
Authority may take such measures and exercise such powers as it considers
necessary or expedient, undertake works, incur expenditure, procure
equipment or material required for its use, enter into contracts and do all
other acts and things necessary for carrying out the purposes of the
(2) In particular and without prejudice
to the generality of the foregoing provision, the Authority shall subject to
such terms and conditions and in such manner and to such extent as may be
prescribed, have the power—
(a) to take over, for a limited period not exceeding ten
years, the control and management of uncultivated State land not covered by
any scheme, or the land of any person, including that of a charitable trust,
a corporate body, a local authority, who, despite notice,
to cultivate and/or develop it to the satisfaction of the Authority within
such period as may be laid down by the Authority] and also to take over in
the same manner any piece of cultivated land which happens to fall within a
compact block of uncultivated land taken over by the Authority for the
purpose of its development, cultivation or proper utilization;
(b) to take over in the same
manner and for the same purpose the uncultivated land of any person who
volunteers to hand over the control and management of his land to the
to motivate land-owners to develop their culturable
waste land, inter alia, by providing
credit facilities to them];
(c) to undertake survey,
planning and preparation of development projects or schemes for the land
taken over by the Authority;
(d) to undertake or arrange
the implementation of the projects or schemes for the improvement,
development, cultivation or proper utilization of such land, including soil
and water conservation measures, installation of tube-wells,
levelling and cultivation of such land;
(e) to enter into contracts
with any person with a view to subletting the execution of any development
project, programme or scheme for undertaking
survey and feasibility studies;
(f) to hand over the management of the State land
developed by the Authority to any person for crop production, orchard
raising, afforestation, range development and
improvement, dairy and livestock farms on such terms and conditions as may
be specified by Government;
(g) to monitor the progress
of implementation of the approved schemes; and
(h) to incur necessary
expenditure under an approved project and to recover the cost of development
from the beneficiaries.
8. Preparation of schemes and approval
thereof by Government.— (1) Whenever it comes to the notice of the
Authority that any land in the province is lying waste for more than two
consecutive years but is capable of being developed or brought under
cultivation, it may frame a scheme providing for all or any of the matters
which the Authority is competent to undertake.
(2) A scheme prepared by the Authority
under sub-section (1) shall be submitted to Government for its approval and
Government may approve the scheme with such modifications and subject to
such conditions as it deems necessary.
(3) If the land in question is State
land, the Authority may, proceed with the implementation of the scheme as
soon as the approval of Government is communicated to it.
(4) If the land in question is
proprietary, the Authority shall, on receipt of the approval of Government,
follow the procedure laid down in sections 9, 10, 11, 12, 13 and 14 of the
If the land comprising a scheme is partly State land and partly proprietary,
the Authority may, if feasible, proceed with the implementation of that part
of the scheme which pertains to State land pending completion of proceedings
under sections 9, 10, 11, 12, 13 and 14 of the Ordinance in respect of that
part of the land which is proprietary.
(6) On the completion of the
proceedings in respect of proprietary land under sections 9, 10, 11, 12, 13
and 14 of the Ordinance, the Authority may proceed to implement the scheme.
Any scheme prepared under the Ordinance may, at any time, be amended or
modified by the Authority and if the scheme has already been approved the
amended or modified scheme shall be submitted to Government for its approval
and Government may approve the same with such modification and subject to
such conditions as it deems necessary.
9. Preliminary notice by the
Authority.— (1) When a scheme for the development
or cultivation of a culturable waste land has
been approved by Government under section 8, and the whole or part of the
land comprising the scheme is proprietary, the Authority may, by order in
writing, direct that the proprietary land shall be brought under cultivation
such period as may be fixed by the Authority] from the date of the order.
(2) An order passed by the Authority
under sub-section (1) shall specify the village in which the land is
situated, its approximate area and field number, its boundaries and such
other particulars as the Authority deems necessary.
(3) An order passed under sub-section
(1) shall be served on all persons shown in the revenue record as owners,
occupiers, tenants, mortgagees and such other persons as are known or
believed to have any interest in such land.
(4) The service of order on the persons
mentioned in sub-section (3) shall be made in any one or more of the
(a) by delivery of a copy of the
(b) by registered-post at the
last known address; and
(c) such other manner as the
Authority deems fit.
10. Publication of preliminary
notification regarding proprietary land.— If the
land in respect of which an order has been passed under section 9 is not
brought under cultivation within [the period fixed by
the Authority], the Authority may, by notification in the official Gazette,
declare that the land is likely to be taken over by the Authority for a
specified period, for cultivation or development, according to the
provisions of the Ordinance. The notification shall give such particulars of
the land as are mentioned in the order passed under section 9 and shall
state that any person having any interest in the land may, within
days] of the issue of the notification, make an objection in writing to the
Objector to be heard.— The
Authority shall give the objector an opportunity of being heard either in
person or through an authorized agent.
Declaration that land is required for cultivation or development.—
(1) After considering the objection, if any, and examining the record, if
the Authority is of the opinion that any particular land should be taken
over for cultivation or development for such period not exceeding ten years
from the date of taking possession of the land, as may be specified, it
shall make a declaration to that effect.
(2) The declaration shall be published
in the official Gazette and it shall give the particulars mentioned in
sub-section (2) of section 9, and where a plan of the land has been made,
shall state the place where such plan may be inspected.
13. Authority to take possession of the
land.— Whenever a declaration under section 12 has been made in respect
of any land, the Authority shall direct the Collector to take possession of
the land for purposes of the Ordinance, and deliver the same to the
Authority and the Collector shall comply with such order.
Land to be marked out, measured and planned.—
After taking possession of the land under section 13, the Authority shall
cause the land to be marked out, if it has not already been done, and
measured, and if no plan of land has been made, to prepare a plan of the
Credit facilities to land-owners.— (1)
Notwithstanding anything to the contrary contained in this Ordinance and
subject to such rules as may be framed for the purpose, the Authority may
grant loans to such land owners as may be prepared to undertake the
development of their culturable waste land for
bringing the same under cultivation or for the improvement of such land.
For the purpose of this provision, “improvement” means any work which adds
to the letting value of land and includes the following:-
(a) the installation of
tube-wells or the construction of wells, tanks and other works for the
storage, supply or distribution of water for the purposes of agriculture, or
for the use of men and cattle employed in agriculture;
(b) the preparation of land for
(c) the drainage, reclamation
from rivers or other waters, or protection from floods or from
erossion or other damage by water, or land used
for agricultural purposes or waste land which is
(d) the reclamation, clearance,
enclosure or permanent improvement of land for agricultural purposes;
(e) the renewal or reconstruction
of any of the foregoing works, or alterations therein or additions thereto;
(f) such other works as the
Government may, from time to time, by Notification in the official Gazette,
declare to be improvements for the purposes of this Ordinance.
(3) Nothing herein contained shall
prevent the Authority from advancing loans through Co-operative Societies
registered under the Co-operative Societies Act, 1925.
Recovery of loans.— (1)
Subject to such rules as may be made under section 14-A, all loans granted
under the Ordinance, all interest, if any, chargeable thereon, and costs, if
any, incurred in making the same, shall, when they become due, be
recoverable by the Authority or any person designated by it, in all or any
of the following modes, namely:-
(a) from the borrower—as if they
were arrears of land revenue due from him;
(b) from his surety (if any)—as
if they were arrears of land revenue due from him;
(c) out of the land for the
benefit of which the loan has been granted—as if they were arrears of land
revenue due in respect of that land;
(d) out of the property comprised
in the collateral security (if any)—according to the procedure for the
realization of land revenue by the sale of immovable property other than the
land on which that revenue is due:
Provided that no proceeding in respect
of any land under clause (c) shall affect any interest in that land which
existed before the date of the order granting the loan, other than the
interest of the borrowers, and of mortgagees of, or persons having charges
on, that interest, and where the loan is granted under section 14-A with the
consent of another person, the interest of that person, and of mortgagees
of, or persons having charges on, that interest.
(2) When any sum due on account of any
such loan, interest or costs is paid to the Authority by a surety or an
owner of property comprised in any collateral security, or is recovered
under subsection (1) by the Authority from a surety or out of any such
property, the Authority shall, on the application of the surety or the owner
of that property (as the case may be), recover that sum on his behalf from
the borrower, or out of the land for the benefit of which the loan has been
granted, in manner provided by subsection (1).
(3) It shall be in the discretion of
the Authority acting under this section to determine the order in which he
will resort to the various modes of recovery permitted by it].
15. Director-General.— (1) There
shall be appointed by Government a Director-General of the Authority who
shall exercise such executive powers and perform such functions and duties
as may be assigned to him by the Board.
(2) The Director-General shall—
(a) be a whole-time officer of
(b) hold office for such term as
may be provided in the contract of employment;
(c) be entitled to receive such
salary and allowance as may be specified:
Provided that the Director-General shall notwithstanding the expiration of
his term, continue to hold office for a further period of three months or
till his successor enters upon his office, whichever is earlier.
(3) Nothing contained in sub-section
(2) shall preclude Government from re-appointing the Director-General, with
his consent, to hold that office for such further period as may be
(4) The Director-General may, at any
time before the expiry of his term, resign his office by writing under his
hand addressed to Government with three months’ notice or on payment of
three months’ salary in lieu thereof.
Notwithstanding anything contained in sub-sections (2) and (3) or in the
contract of employment, Government may remove the Director-General from
office without assigning any reason by giving him three months’ notice or on
payment of three months’ salary in lieu thereof.
(6) The Director-General shall, at the
time of assumption of charge of his office, make a declaration to Government
in the manner specified, of all immovable and movable properties exceeding
in value of rupees twenty-five thousand, including shares, certificates,
securities, insurance policies and jewellary,
belonging to him or held by him and shall obtain prior permission of
Government before acquiring or disposing of any property exceeding the said
16. Employees of the Authority.— (1)
The Authority may employ such officers and other employees as it considers
necessary for the efficient performance of its functions on such terms and
conditions as may be prescribed:
Provided that the Authority shall not be
precluded from making any appointment on contract basis on such terms and
conditions as it may deem fit.
(2) The Authority may employ such
officers and other employees as may be placed at its disposal by Government
on such terms and conditions as may be specified by Government.
17. Fund.— (1) There shall be a fund
of the Authority to be known as the Punjab Land Utilization Authority Fund.
(2) The fund shall consist of—
(a) grants made by Government;
(b) loans obtained from
(c) loans obtained from the State Bank and Scheduled banks by the Authority
with the special or general approval of Government;
(d) foreign aid and loans
obtained through Government;
(e) recoveries and income of the
(f) all other sums received by
(3) The fund shall be maintained and
invested in such manner as may be prescribed.
(4) The fund shall be utilized to meet
the expenses of the Authority for carrying out its functions under the
18. Budget and Audit.— (1) The
Authority shall, before the commencement of each financial year, prepare a
statement of the estimated receipts and expenditure of the Authority for the
next financial year and forward the same to Government which may approve it
with or without any modification.
(2) The Authority shall maintain proper
accounts and other relevant records and prepare annual statement of accounts
including the balance sheet in accordance with such general directions as
may be issued, and in such form as may be specified by Government in
consultation with the Comptroller and Auditor-General of Pakistan,
hereinafter in this section referred to as the Auditor-General.
(3) The Auditor-General shall audit or
cause to be audited the accounts of the Authority at least once in every
(4) The Authority shall produce all
accounts, books and connected documents and furnish such explanations and
information as the Auditor-General or any officer
authorised by him in this behalf may require at the time of audit.
(5) A statement of audited accounts
referred to in sub-section (2) shall be furnished to Government by the
Authority as soon as possible after the end of each financial year.
19. Reports to be furnished to
Government.— The Authority shall furnish to Government as soon as
possible after the close of each financial year, an audited statement, in
the prescribed form, of its assets and liabilities, together with a profit
and loss account for the year and a full report on the working of the
Authority during that year including a report of all undertakings and
transactions as they stand at the close of that year.
20. Submission of returns, statements,
etc., to Government.— Government may require the Authority to furnish to
(a) any return, statement, estimate,
statistics or other information regarding any matter under the control of
(b) a report on any matter;
(c) a copy of any document in its
(d) a copy of any or all the papers
laid before the Board;
and the Authority shall comply with such
requirement within such time as may be specified by Government.
21. Director-General or any other
officer or employee to be a Revenue Officer.— The Director-General or
any other officer or employee of the Authority or any other person
authorized by the Authority in this behalf, shall be deemed to be and may
exercise the powers of a Revenue Officer under section 30 and 134 of the
Punjab Land Revenue Act, 1967 (West Pakistan Act XVII of 1967) for the
purposes of discharging functions under the Ordinance.
22. Members, officers and other
employees of the Authority to be public servants.— The members, officers
and other employees of the Authority shall be deemed to be public servants
within the meaning of section 21 of the Pakistan Penal Code 1860 (XLV of
23. Indemnity.— No suit or legal
proceeding shall lie against Government, the Authority, the member, officer
or employee of the Authority for anything done or intended to be done in
good faith, under the Ordinance or any rules or regulation made thereunder.
Power to make rules.— (1)
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of the Ordinance.
(2) Without prejudice to the generality
of the foregoing provision, such rules may provide for—
(a) surveying, preparation
and implementation of projects;
(b) method of ensuring
continuous evaluation by the Authority of its schemes and projects;
the manner in which credit facilities are to be provided by the Authority to
(c) the manner and
qualifications for employment and terms and conditions of service of the
officers and other employees of the Authority;
(d) the manner and the form
in which the annual budget statement of the Authority shall be submitted to
Government each year;
(e) the manner in which the
fund of the Authority shall be operated and expended;
(f) the custody of the fund
and property of the Authority;
(g) the manner and form in
which the accounts of the Authority shall be kept; and
(h) oath of fidelity and
25. Power to make regulations.— The
Authority may, with the previous approval of Government, make regulations
for matters, not prescribed for in the rules, for which provision is
necessary or expedient for carrying out the purposes of the Ordinance.