THE LAND ACQUISITION (NORTH-WEST FRONTIER PROVINCE AMENDMENT) ORDINANCE, 1978. Peshawar, the 31st August, 1978. N.-W. F. P. ORDINANCE NO. XVI OF 1978. AN ORDINANCE further to amend the Land Acquisition Act, 1894, in its application to the North-West Frontier Province.
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action; 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 No. I of 1977), and in exericse of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance :
Short title, extent and commencement.
(2) It shall come into force at once.
Amendment of section 18 of Act I of 1894
"(4) Notwithstanding anything to the contrary contained in section 21, the Provincial Government may, if it has not accepted the award, refer the matter to the Court within a period of six months from the date of announcement of the award: Provided that the Court shall not entertain the reference unless in its opinion there is a prima facie case for inquiry and determination of the objection against the award.".
Omission of section 18-A of Act I of 1894.
4. In the said Act, in section 31, for sub-section (1), the [following sub-section shall be substituted, namely:
Amendment of section 31 of Act I of 1894.
"(1) When the Collector has made an award under section, 11— (a) if the persons interested entitled to compensation under the award and the Provincial Government accept the award and intimate their acceptance in writing to the Collector before the expiry of the period prescribed in sub-section (2) of section 18 for making an application to the Collector for referring the award to the Court, or in sub-section (4) of the said section for referring the award to the Court by the Provincial Government, whichever is later, or if the period specified in subsection (2) of the said section for making an application to the Collector or in sub-section (4) for referring the award to the : Court has expired and no such application or reference has been made, the Collector shall, before taking possession of the land, tender payment of the full amount of compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2); (b) if the persons interested entitled to compensation under the award or the Provincial Government object the award and an application has been made to the Collector under subsection (2) of section 18 for referring the award to the Court or the award has been referred to the Court by the Provincial Government under sub-section (4) of that section, the Collector shall, before taking possession of the land, tender payment of the compensation awarded by him or the estimated cost of acquisition of such land as determined by the Collector of the district under sub-section (i) of section 17 , whichever is less, to the persons entitled thereto under the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2): Provided that no payment under clause (b) shall be made until the person entitled to compensation furnishes to the satisfaction of the Collector a security for refund of the amount, if any, which may subsequently be found to be in excess of the compensation awarded to him by the Court. "