Land Acquisition Act, 1894 PDF -

The Land Acquisition Act, 1894

Q1. What is the Act number and official title of the Act mentioned in the text?
Ans: This Act is titled “The Land Acquisition Act, 1894” and its Act number is “(I of 1894)”.

Q2. On what exact date was the Land Acquisition Act, 1894 published or enacted?
Ans: It was published/enacted on 3 February 1894.

Q3. Where was the Land Acquisition Act, 1894 originally published, and on what pages?
Ans: It was published in the Gazette of India, dated 3 February 1894, on pages 1–11.

Q4. Where can the “Statement of Objects and Reasons” for this Act be found?
Ans: It can be found in the Gazette of India, 1892, Part V, page 32.

Q5. Where can the “Report of the Select Committee” for this Act be found?
Ans: It can be found in the Gazette of India, 1894, Part V, page 23.

Q6. Where can the “Proceedings in Council” for this Act be found?
Ans: They can be found in the Gazette of India, 1892, Part VI, page 25, and ibid., 1894, pages 19 and 24–42.

Q7. What is the main purpose or preamble of the Land Acquisition Act, 1894?
Ans: The purpose of the Act is to amend the law for the acquisition of land needed for public purposes and for Companies, and for determining the amount of compensation to be made on account of such acquisition.

Q8. According to Section 1(1), what is the short title of this Act?
Ans: This Act may be called the Land Acquisition Act, 1894.

Q9. What is the geographical extent of the Land Acquisition Act, 1894 according to Section 1(2)?
Ans: It extends to the whole of Pakistan.

Q10. Which legal amendment substituted Section 1(2) to extend the Act to the whole of Pakistan, and when was it assented to?
Ans: It was substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), which was assented to by the President on 7 June 1960.

Q11. When and where was the Central Laws (Statute Reform) Ordinance, 1960 published, and when did it officially come into force?
Ans: It was published in the Gazette of Pakistan (Extraordinary), dated 9 June 1960 (pp. 725–845, s. 3 read with the Second Schedule), and it came into force on 14 October 1955.

Q12. When did the Land Acquisition Act, 1894 officially come into force according to Section 1(3)?
Ans: It came into force on the first day of March, 1894.

Q13. How was the Land Acquisition Act, 1894 declared to be in force in Baluchistan?
Ans: It was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), Section 3 read with Schedule I.

Q14. To what extent and under what regulation was the Act applied to Phulera in the Excluded Area of Upper Tanawal?
Ans: It was applied to Phulera to the extent the Act is applicable in the N.W.F.P. (now KPK), subject to certain modifications, under the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

Q15. When did the Act come into force in the Excluded Area of Upper Tanawal other than Phulera?
Ans: It was declared to be in force in that area with effect from 1 June 1951, via the N.W.F.P. Gazette (Extraordinary), dated 1 June 1951.

Q16. Which specific laws provided local modifications to the Land Acquisition Act, 1894?
Ans:
• The Town Improvement Act, 1922 (Punjab Act IV of 1922, Section 59 and Schedule)
• The Thal Development Act, 1949 (Punjab Act XV of 1949, Section 35 and Schedule)
• The Karachi Development Order, 1957 (P.O. No. 5 of 1957)

Q17. What happened to Section 2 of the Land Acquisition Act, 1894?
Ans: Section 2, which related to “Repeal”, was repealed.

Q18. Which specific Acts and Regulations repealed Section 2 of the Land Acquisition Act, 1894?
Ans: It was repealed partly by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India on 21 March 1914 (pp. 47–59), and partly by the Repealing Act, 1938 (I of 1938), published in the Gazette of India on 5 March 1938 (pp. 1–20).

Q19. What is the qualification clause mentioned at the beginning of Section 3 (Definitions)?
Ans: The definitions apply “unless there is something repugnant in the subject or context”.

Q20. What is the definition of the expression “land” under Section 3(a)?
Ans: The expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.

Q21. What is the definition of the expression “person interested” under Section 3(b)?
Ans: The expression “person interested” includes 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.

Q22. What is the definition of the expression “Collector” under Section 3(c)?
Ans: The expression “Collector” means the Collector of a District appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967), and includes any officer specially appointed by the Board of Revenue or the Commissioner.

Q23. Which legal amendment substituted the definition of “Collector” and inserted the definition of “Commissioner”, and when did it come into force?
Ans: They were modified/inserted by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), published in the Punjab Gazette on 14 April 2011. It came into force on 20 April 2011 through a notification published on 16 April 2011.

Q24. What is the definition of the expression “Commissioner” under Section 3(cc)?
Ans: The expression “Commissioner” means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967), and includes an Additional Commissioner.

Q25. What is the definition of the expression “Court” under Section 3(d)?
Ans: The expression “Court” means a Principal Civil Court of Original Jurisdiction and includes the Court of any Additional District Judge and any Civil Judge whom the Provincial Government may appoint, by name or by virtue of his office, to perform concurrently all or any functions of the Court under this Act within a specified area.

Q26. What is the restriction placed on a Civil Judge performing the functions of a “Court” under Section 3(d)?
Ans: In the case of a Civil Judge, such functions shall be exercised only up to the limits of his pecuniary jurisdiction.

Q27. Which law substituted the definition of “Court” in Section 3(d), and when was it published?
Ans: It was substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q28. What does the expression “Company” mean under Section 3(e)?
Ans: The expression “Company” means a Company registered under the Companies Ordinance, 1984, or under the English Companies Acts, 1862–1890, or incorporated by an Act of Parliament of the United Kingdom, or by a Pakistan law, or by Royal Charter or Letters Patent. It also includes a society registered under the Societies Registration Act, 1860, and a registered society within the meaning of the Co-operative Societies Act, 1912.

Q29. Which amendment substituted the expression “Companies Ordinance, 1984” for “Indian Companies Act, 1882” under Section 3(e)?
Ans: The Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab Gazette on 14 August 2001.

Q30. Under what constitutional article was the Land Acquisition (Punjab Amendment) Ordinance, 2001 saved?
Ans: It was saved under Article 270AA of the Constitution of the Islamic Republic of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010 (X of 2010), published on 20 April 2010.

Q31. Which order inserted the words “of the United Kingdom” in Section 3(e), and when did it come into force?
Ans: The Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), made on 21 January 1961, inserted the words “of the United Kingdom” in Section 3(e). It came into force on 23 March 1956.

Q32. What historical legal orders adapted the phrases “of the Governor General in Council” and “Indian law” to “by a Pakistan law” in Section 3(e)?
Ans: The words “of the Governor General in Council” were substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, and “Indian law” was substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published on 28 March 1949.

Q33. Which amendment added societies registered under the Societies Registration Act, 1860 and the Co-operative Societies Act, 1912 to the definition of “Company”?
Ans: They were added by the Land Acquisition (Amendment) Act, 1919 (XVII of 1919), published in the Gazette of India on 20 September 1919.

Q34. What are the Act numbers for the Societies Registration Act and the Co-operative Societies Act mentioned in the text?
Ans: The Societies Registration Act is XXI of 1860, and the Co-operative Societies Act is II of 1912.

Q35. What does the expression “public purpose” include under Section 3(f)?
Ans: The expression “public purpose” includes the provision of village-sites in districts in which the Provincial Government has declared by notification in the Official Gazette that it is customary for the Government to make such provision.

Q36. Which order substituted the words “Local Government” with “Provincial Government” in Section 3(f)?
Ans: The Government of India (Adaptation of Indian Laws) Order, 1937, dated 1 April 1937, read with the Table of General Adaptations, substituted the words “Local Government” with “Provincial Government”.

Q37. Who is deemed “entitled to act” on behalf of persons beneficially interested if they are under a disability?
Ans: Trustees for other persons beneficially interested shall be deemed the persons entitled to act to the same extent as the persons beneficially interested could have acted if free from disability.

Q38. Who is deemed “entitled to act” for a married woman in cases where English law is applicable?
Ans: A married woman, whether of full age or not, shall be deemed entitled to act to the same extent as if she were unmarried and of full age.

Q39. Who is deemed “entitled to act” on behalf of minors, lunatics, or idiots?
Ans: The guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons entitled to act.

Q40. What is the first proviso (i) regarding a person “entitled to act”?
Ans: Provided that no person shall be deemed “entitled to act” whose interest in the subject matter is shown to the satisfaction of the Collector or the Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act.

Q41. What happens under proviso (ii) if a person interested has an adverse interest or defaults in appearance?
Ans: In every such case, the person interested may appear by a next friend or, in default of appearance by a next friend, the Collector or the Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof.

Q42. Which legal code applies to persons appearing by a next friend or guardian under proviso (iii)?
Ans: The provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before the Collector or the Court by a next friend or by a guardian for the case.

Q43. What restriction does proviso (iv) place on a person “entitled to act” regarding compensation money?
Ans: No person “entitled to act” shall be competent to receive the compensation money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land and receive and give a valid discharge for the purchase money on a voluntary sale.

The Land Acquisition Act, 1894 (PART II)

Q1. Which current code must be referred to instead of Chapter XXXI of the Code of Civil Procedure (XIV of 1882) mentioned in Footnote 1?
Ans: Instead of the old code, the Code of Civil Procedure, 1908 (V of 1908) is now referred to.

Q2. What is the heading of Part II of the Land Acquisition Act, 1894?
Ans: The heading of Part II is “Acquisition”.

Q3. What is the sub-heading under Part II that covers Section 4 and Section 5?
Ans: The sub-heading is “Preliminary Investigation”.

Q4. What is the title of Section 4 of the Land Acquisition Act, 1894?
Ans: The title of Section 4 is “Publication of preliminary notification and powers of officers thereupon”.

Q5. According to Section 4(1), under what circumstances is a preliminary notification published?
Ans: 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 be published in the official Gazette.

Q6. What duty does Section 4(1) impose on the Collector after the publication of the notification in the official Gazette?
Ans: The Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

Q7. Which legal amendment substituted Section 4(1), Section 5, and Section 5A, and when was it published?
Ans: They were substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q8. Who has the authority to authorize officers to enter and survey the land under Section 4(2)?
Ans: The Collector of the district has the authority to authorize officers either generally or specially.

Q9. Which law originally substituted the words “such Government” with “the Commissioner or the Board of Revenue” (later changed to Collector), and when did it come into force?
Ans: It was substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published on 2 July 1957, and it came into force on 14 October 1955.

Q10. What specific actions are lawful for an authorized officer, their servants, and workmen to perform under Section 4(2)?
Ans: They are authorized to:

Enter upon and survey and take levels of any land in such locality.
Dig or bore into the subsoil.
Do all other acts necessary to ascertain whether the land is adapted for such purpose.
Set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon.
Mark such levels, boundaries and lines by placing marks and cutting trenches.
Cut down and clear away any part of any standing crop, fence or jungle where the survey cannot otherwise be completed.

Q11. What is the proviso regarding entering buildings or enclosed courts/gardens under Section 4(2)?
Ans: No person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days’ notice in writing of his intention to do so.

Q12. What requirement does Section 4(3) place on the authorized officer at the time of entry upon the land?
Ans: The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done.

Q13. What happens under Section 4(3) if there is a dispute regarding the sufficiency of the payment or tender for damages?
Ans: The officer shall immediately refer the dispute to the Collector or other chief revenue officer of the district, whose decision shall be final.

Q14. What is the title of Section 5 of the Land Acquisition Act, 1894?
Ans: The title of Section 5 is “Notification that particular land is needed for a public purpose or for a Company”.

Q15. Who must be satisfied under Section 5 before a notification is issued for a public purpose and for a Company respectively?
Ans:

For a public purpose: The Commissioner must be satisfied.
For a Company: The Provincial Government must be satisfied.

Q16. Which amendment substituted the expression “Executive District Officer (Revenue)” back to “Commissioner” in Sections 5 and 5A, and when did it come into force?
Ans: The Punjab Laws (Amendment) Act, 2011 (VI of 2011), published on 14 April 2011, restored the word “Commissioner”. It came into force on 20 April 2011.

Q17. Which previous ordinance had substituted the word “Commissioner” with “Executive District Officer (Revenue)” in 2001?
Ans: The Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published on 25 October 2001 (with effect from 14 August 2001), later saved under Article 270AA of the Constitution through the Constitution (Eighteenth Amendment) Act, 2010.

Q18. What details must be stated in the official Gazette notification issued under Section 5?
Ans: The notification must state:

The district or other territorial division where the land is situated.
The purpose for which the land is needed.
The approximate area of the land.
The situation/location of the land.
If a plan has been prepared, the place where the plan may be inspected.

Q19. What public notice must the Collector give under Section 5 after the Gazette notification?
Ans: The Collector shall cause public notice to be given of the substance of the notification at convenient places on or near the land to be acquired.

Q20. What is the heading inserted before Section 5A, and which law introduced it?
Ans: The heading is “Objections”, and it was inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q21. What is the title of Section 5A of the Land Acquisition Act, 1894?
Ans: The title of Section 5A is “Hearing of objections”.

Q22. Within how many days can an interested person object to the acquisition under Section 5A(1)?
Ans: Any person interested may object within thirty days after the issue of the notification under Section 5.

Q23. To whom must an objection under Section 5A(2) be made, and in what form?
Ans: Every objection shall be made to the Collector in writing.

Q24. What procedure must the Collector follow after receiving objections under Section 5A(2)?
Ans: The Collector shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, submit the case for the decision of the Commissioner.

Q25. What documents must the Collector submit to the Commissioner along with the case under Section 5A(2)?
Ans: The Collector must submit:

The record of the proceedings held by him.
A report containing his recommendations on the objections.

Q26. What is the legal status of the Commissioner’s decision on the objections under Section 5A(2)?
Ans: The decision of the Commissioner on the objections shall be final.

Q27. What additional duty does the Collector have under Section 5A(3) when land is needed specifically for a Company?
Ans: The Collector shall, after making such enquiries as he deems necessary, also make his recommendations to the Commissioner with regard to the area that, in his opinion, is reasonable for the purpose.

Q28. Who is deemed to be a “person interested” for the purpose of Section 5A according to sub-section (4)?
Ans: A person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.

Q29. What is the sub-heading under Part II that covers Section 6 to Section 10?

Ans: The sub-heading is “Declaration of intended Acquisition”.

Q30. What is the title of Section 6 of the Land Acquisition Act, 1894?

Ans: The title of Section 6 is “Declaration that land is required for a public purpose”.

Q31. According to Section 6(1), under what conditions and under whose signature is a declaration made for land acquisition?

Ans: Subject to the provisions of Part VII of this Act, when the Commissioner is satisfied, after considering the report, if any, made under Section 5A(2), that any particular land is needed for a public purpose or for a Company, a declaration shall be made under the signature of the Commissioner or of some officer duly authorised to certify such order.

Q32. Which amendment originally substituted the words “whenever it appears to the Local Government” with the requirement to consider the Section 5A report under Section 6(1), and when was it published?

Ans: It was substituted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q33. What are the historical legal updates regarding the substitution of “Commissioner” in Section 6 and Section 7?

Ans: The expression “Executive District Officer (Revenue)” was substituted back to “Commissioner” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011) with effect from 20 April 2011. It was earlier substituted by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), saved under Article 270AA of the Constitution through the Constitution (Eighteenth Amendment) Act, 2010. Before that, “Provincial Government” had been substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957) with effect from 14 October 1955, which itself had replaced “Local Government” under the Government of India (Adaptation of Indian Laws) Order, 1937.

Q34. Which law substituted the words “a secretary to such Government” and the word “its” with “the Commissioner” and “such” in Section 6(1), and when did it come into force?

Ans: It was substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published on 2 July 1957, and it came into force on 14 October 1955.

Q35. What is the proviso stated under Section 6(1) regarding the funding of the compensation?

Ans: No such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.

Q36. What specific details must be stated in the official Gazette declaration under Section 6(2)?

Ans: The declaration shall state:

The district or other territorial division in which the land is situated.
The purpose for which it is needed.
Its approximate area.
Where a plan has been made of the land, the place where such plan may be inspected.

Q37. What is the legal evidentiary value of the declaration according to Section 6(3)?

Ans: The declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be.

Q38. What happens under Section 6(4) if the area in the final declaration is less than the area previously notified under Section 4(1)?

Ans: When the final area is less than the area previously notified, the previous notification, so far as it relates to the excess area, shall be deemed to have been superseded by the declaration.

Q39. Which law added Section 6(4) and Section 9(5) to the Act?

Ans: They were added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q40. What is the title of Section 7 of the Land Acquisition Act, 1894?

Ans: The title of Section 7 is “After declaration Collector to take order for acquisition”.

Q41. What directive must be given to the Collector under Section 7 once the land has been declared necessary?

Ans: The Commissioner, or some officer authorized by the Commissioner in this behalf, shall direct the Collector to take order for the acquisition of the land.

Q42. What is the title of Section 8 of the Land Acquisition Act, 1894?

Ans: The title of Section 8 is “Land to be marked out, measured and planned”.

Q43. What actions must the Collector take immediately under Section 8 after receiving the directive?

Ans: The Collector shall cause the land (unless it has been already marked out under Section 4) to be marked out, measured, and if no plan has been made thereof, a plan to be made of the same.

Q44. What is the title of Section 9 of the Land Acquisition Act, 1894?

Ans: The title of Section 9 is “Notice to persons interested”.

Q45. What public notice must the Collector give under Section 9(1), and where must it be placed?

Ans: The Collector shall cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.

Q46. What information must the notice state, and what is the minimum timeframe required for appearance under Section 9(2)?

Ans: The notice shall state the particulars of the land needed and require all persons interested to appear personally or by agent before the Collector at a time and place mentioned, such time not being earlier than fifteen days after the date of publication of the notice.

Q47. What specific details must persons interested state when they appear before the Collector under Section 9(2)?

Ans: They must state:

The nature of their respective interests in the land.
The amount and particulars of their claims to compensation for such interests.
Their objections (if any) to the measurements made under Section 8.

Q48. Can the Collector require the statement under Section 9(2) to be submitted in writing?

Ans: Yes. The Collector may require such statement to be made in writing and signed by the party or his agent.

Q49. On whom must the Collector serve individual notices within the revenue district under Section 9(3)?

Ans: The Collector shall serve notice to the same effect on:

The occupier (if any) of the land.
All persons known or believed to be interested in the land.
Persons entitled to act on behalf of interested persons who reside or have authorized agents within the revenue district.

Q50. How must the notice be sent under Section 9(4) if an interested person resides elsewhere and has no authorized agent?

Ans: The notice shall be sent by registered post in a letter addressed to the person’s last known residence, address, or place of business under Part III of the Act.

Q51. Which historical Act governed the registered post under Section 9(4), and which current Act replaces it according to Footnote 1?

Ans: It originally referred to the Indian Post Office Act, 1866 (XIV of 1866). It is now replaced by the Post Office Act, 1898 (VII of 1898).

Q52. What are the requirements for serving notice of the enquiry to the acquiring department, local authority, or company under Section 9(5)?

Ans: The Collector shall serve notice of the enquiry to be held under Section 11, not less than fifteen days before the date fixed under Section 9(2), on the Department of Government, local authority, or Company for which the land is being acquired, requiring it to depute an authorized representative.

Q53. What is the role and purpose of the authorized representative deputed under Section 9(5)?

Ans: The authorized representative shall:

Attend the enquiry on behalf of the Department, local authority, or Company.
Raise objections, if any, regarding the measurement of the land.
Object to claims of any interest.
Object to the amount of compensation.
Be treated as a party to the proceedings.

Q54. What is the title of Section 10 of the Land Acquisition Act, 1894?

Ans: The title of Section 10 is “Power to require and enforce the making of statements as to names and interests”.

Q55. What additional information can the Collector require under Section 10(1), and what is the minimum timeframe for delivery?

Ans: The Collector may require any person to make or deliver a statement, within a time not earlier than fifteen days after the requisition, containing:

The name of every other person possessing any interest in the land as co-proprietor, sub-proprietor, mortgagee, tenant, or otherwise.
The nature of each person’s interest.
The rents and profits received or receivable on account of the land for the three years immediately preceding the date of the statement.

Q56. What is the legal obligation of a person required to make a statement under Section 9 or Section 10?

Ans: Every person required to make or deliver a statement under these sections shall be deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Pakistan Penal Code.

Q57. Which law replaced the words “Indian Penal Code” in Section 10(2), what is its Act number, and when did it come into force?

Ans: The words “Indian Penal Code” were replaced by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), which came into force on 14 October 1955. The Pakistan Penal Code is Act XLV of 1860.

The Land Acquisition Act, 1894 (PART III)

Q. What is the title of Section 11 of the Land Acquisition Act, 1894?
Ans: The title of Section 11 is “Enquiry and award by Collector.”

Q. According to Section 11, who are the parties whose objections the Collector must enquire into?
Ans: The Collector must enquire into the objections stated by any person interested, as well as a Department of Government, a local authority, or a Company, as the case may be.

Q. Which legal amendment inserted the phrase regarding a Department of Government, local authority, or Company into Section 11, and when was it published?
Ans: It was inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q. At what specific date must the value of the land be determined by the Collector during the enquiry under Section 11?
Ans: The value of the land must be enquired into at the date of the publication of the notification under Section 4(1).

Q. Which legal amendment inserted the provision regarding the date of the land value under Section 11, and when was it enacted?
Ans: It was inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q. What three distinct matters must the Collector make an award under his hand for under Section 11?
Ans:
(i) The true area of the land.
(ii) The compensation which in his opinion should be allowed for the land.
(iii) The apportionment of the compensation among all the persons known or believed to be interested in the land, whether or not they have appeared before him.

Q. What is the title of Section 12 of the Land Acquisition Act, 1894?
Ans: The title of Section 12 is “Award of Collector when to be final.”

Q. Where must the Collector’s award be filed, and what is its legal standing under Section 12(1)?
Ans: The award shall be filed in the Collector’s office and shall, except as otherwise provided, be final and conclusive evidence between the Collector and the persons interested regarding the true area and value of the land and the apportionment of compensation.

Q. What duty does Section 12(2) impose on the Collector if interested persons are not present when the award is made?
Ans: The Collector shall give immediate notice of his award to those persons interested who are not present personally or through their representatives when the award is made.

Q. What is the title of Section 12-A, and what does it allow the Collector to do?
Ans: The title of Section 12-A is “Correction of mistake.” It allows the Collector to correct any clerical or arithmetical mistake in the award arising from any accidental slip or omission at any time.

Q. Can the Collector correct an award under Section 12-A on his own motion or is an application required?
Ans: The Collector may correct the award either on his own motion or on the application of any of the parties.

Q. Which amendment inserted Section 12-A into the Land Acquisition Act, 1894, and when was it published?
Ans: It was inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published on 17 December 1969.

Q. What is the title of Section 13 of the Land Acquisition Act, 1894?
Ans: The title of Section 13 is “Adjournment of enquiry.”

Q. What power does the Collector have regarding the scheduling of the enquiry under Section 13?
Ans: The Collector may, for any cause he thinks fit, adjourn the enquiry from time to time to a day fixed by him.

Q. What is the title of Section 14 of the Land Acquisition Act, 1894?
Ans: The title of Section 14 is “Power to summon and enforce attendance of witnesses and production of documents.”

Q. By what means and manner can the Collector summon witnesses and compel the production of documents under Section 14?
Ans: The Collector has the power to summon witnesses and enforce the production of documents by the same means and, as far as possible, in the same manner as a Civil Court under the Code of Civil Procedure.

Q. What is the title of Section 15 of the Land Acquisition Act, 1894?
Ans: The title of Section 15 is “Matters to be considered and neglected.”

Q. By which specific provisions must the Collector be guided when determining the amount of compensation under Section 15?
Ans: The Collector shall be guided by the provisions contained in Sections 23 and 24.

Q. What is the sub-heading under Part II that covers Section 16 and Section 17?
Ans: The sub-heading is “Taking Possession.”

Q. What is the title of Section 16 of the Land Acquisition Act, 1894?
Ans: The title of Section 16 is “Power to take possession.”

Q. When can the Collector take possession of the land under Section 16, and what restriction applies?
Ans: When the Collector has made an award under Section 11, he may take possession of the land, subject to the provisions of Section 31.

Q. What happens to the status of the land once the Collector takes possession under Section 16?
Ans: The land shall thereupon vest absolutely in the Government, free from all encumbrances.

Q. Which amendment inserted the phrase “, subject to the provision of section 31,” into Section 16?
Ans: It was inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

Q. What historical legal adaptations occurred regarding the words “vest absolutely in the Government” in Section 16?
Ans: The words were substituted by the Government of India Order, 1937, which used the word “Crown”, and the word “Crown” was later substituted back to “Government” by the Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), which came into force on 23 March 1956.

Q. What is the title of Section 17 of the Land Acquisition Act, 1894?
Ans: The title of Section 17 is “Special power in cases of urgency.”

Q. Under Section 17(1), how many days after the publication of the notice under Section 9(1) can the Collector take possession in cases of urgency, and who must direct it?
Ans: Whenever the Commissioner so directs, the Collector may take possession on the expiration of fifteen days from the publication of the notice under Section 9(1), even though no award has been made.

Q. What are the historical legal updates regarding the substitution of the word “Commissioner” in Section 17?
Ans: The expression “Executive District Officer (Revenue)” was substituted back to “Commissioner” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), effective from 20 April 2011. It had previously been substituted by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which was later saved under Article 270AA of the Constitution.

Q. What strict precondition is placed on the Commissioner under Section 17(1) before issuing a direction to the Collector?
Ans: The Commissioner shall not issue any direction unless the Department of Government, local authority, or Company first deposits the estimated cost of acquisition as determined by the Collector, keeping in view Sections 23 and 24.

Q. Under Section 17(2), what specific emergencies allow the Collector to take immediate possession of land for a Railway Administration or a public road?
Ans: Immediate possession may be taken owing to any sudden change in the channel of a navigable river or any other unforeseen emergency for the maintenance of traffic over a railway line, railway station, or a public road.

Q. What sanction is required, and when can possession be taken under Section 17(2) for unforeseen emergencies?
Ans: With the previous sanction of the Commissioner, the Collector may take possession immediately after the publication of the notice under Section 9(1).

Q. What notice must be given to an occupier under Section 17(2) before taking possession of a building or part of a building?
Ans: The Collector must give the occupier at least forty-eight hours’ notice, or such longer notice as may reasonably be sufficient to enable the occupier to remove movable property without unnecessary inconvenience.

Q. What must the Collector offer to persons interested at the time of taking possession under Section 17(3)?
Ans: The Collector shall offer compensation for the standing crops and trees (if any) on the land and for any other damage caused by sudden dispossession, except the matters excluded under Section 24.

Q. What happens under Section 17(3) if the Collector’s offer for crops, trees, or sudden dispossession damage is not accepted?
Ans: The value of the crops, trees, and other damage shall be included in the compensation awarded for the land under the provisions of the Act.

Q. What special authority is granted to the Commissioner under Section 17(4) regarding the applicability of Section 5 and Section 5-A?
Ans: The Commissioner may direct that the provisions of Sections 5 and 5-A shall not apply. In such a case, a declaration under Section 6 may be made at any time after the publication of the notification under Section 4(1).

Q. Which legal amendment completely substituted Section 17, and when was it published?
Ans: Section 17 was substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

(ii) The amount of the compensation.
(iii) The persons to whom it is payable.
(iv) The apportionment of the compensation among the persons interested.

Q. What must be stated in the application under Section 18(2)?
Ans: The application shall state the grounds on which objection to the award is taken.

Q. What is the time limit under proviso (a) of Section 18(2) for a person who was present or represented before the Collector when the award was made?
Ans: The application must be made within six weeks from the date of the Collector’s award.

Q. What is the time limit under proviso (b) of Section 18(2) for cases where the person making the application was not present or represented?
Ans: The application must be made within six weeks from the receipt of the notice under Section 12(2), or within six months from the date of the Collector’s award, whichever period first expires.

Q. Under Section 18(3), within what period can the Provincial Government refer the matter to the Court, and what condition applies?
Ans: The Provincial Government may refer the matter to the Court within six months from the date of announcement of the award, provided that the Court shall not entertain the reference unless it is satisfied that there is a prima facie case for inquiry into and determination of the objection.

Q. Which legal amendment added Section 18(3) to the Act, and when was it published?
Ans: It was added by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q. What is the title of Section 19 of the Land Acquisition Act, 1894?
Ans: The title of Section 19 is “Collector’s statement to the Court.”

Q. What four specific pieces of information must the Collector state in writing under his hand when making a reference under Section 19(1)?
Ans: The Collector shall state:
(a) The situation and extent of the land, with particulars of any trees, buildings, or standing crops thereon.
(b) The names of the persons whom he has reason to think interested in the land.
(c) The amount awarded for damages and paid or tendered under Sections 5 and 17, or either of them, and the amount of compensation awarded under Section 11.
(d) If the objection relates to the amount of compensation, the grounds on which the amount of compensation was determined.

Q. What document must be attached to the Collector’s statement under Section 19(2)?
Ans: A schedule giving the particulars of the notices served upon, and the statements in writing made or delivered by, the parties interested respectively shall be attached.

Q. What is the title of Section 20 of the Land Acquisition Act, 1894?
Ans: The title of Section 20 is “Service of notice.”

Q. What action must the Court take upon receiving the reference under Section 20?
Ans: The Court shall issue a notice specifying the day on which it will determine the objection and directing the concerned persons to appear before the Court on that day.

Q. Who are the persons upon whom the Court must serve the notice under Section 20?
Ans: The notice shall be served on:
(a) The applicant.
(b) All persons interested in the objection, except those who have consented without protest to receive the compensation awarded.
(c) If the objection relates to the area of the land or the amount of compensation, the Collector and the Department of Government, local authority, or Company, as the case may be, for which the land is being acquired.

Q. Which law inserted the phrase regarding the Department of Government, local authority, or Company into Section 20(c), and when was it published?
Ans: It was inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published on 17 December 1969.

Q. What is the title of Section 21 of the Land Acquisition Act, 1894?
Ans: The title of Section 21 is “Restriction on scope of proceedings.”

Q. To what extent is the scope of inquiry restricted in Court proceedings under Section 21?
Ans: The scope of the inquiry shall be restricted to a consideration of the interests of the persons affected by the objection.

Q. What is the title of Section 22 of the Land Acquisition Act, 1894?
Ans: The title of Section 22 is “Proceedings to be in open Court.”

Q. Where must the proceedings take place, and who is entitled to appear, plead, and act under Section 22?
Ans: Every proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the Province shall be entitled to appear, plead, and act in such proceedings.

Q. What is the title of Section 22-A of the Land Acquisition Act, 1894?
Ans: The title of Section 22-A is “Cross objection.”

Q. Who is allowed to lodge a cross objection under Section 22-A, and what power does the Court have regarding the award?
Ans: The Provincial Government, a local authority, or a Company for which the land is being acquired may lodge a cross objection to the objection made by any person interested, and the Court may reduce the amount awarded by the Collector if it considers it just and proper.

Q. Which legal amendment inserted Section 22-A into the Act?
Ans: Section 22-A was inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

Q. What is the heading of Part III of the Land Acquisition Act, 1894?
Ans: The heading of Part III is “Reference to Court and Procedure Thereon”.

Q. What is the title of Section 18 of the Land Acquisition Act, 1894?
Ans: The title of Section 18 is “Reference to Court”.

Q. Who has the right to require a reference to the Court under Section 18(1), and what form must it take?
Ans: Any person interested who has not accepted the award may, by a written application to the Collector, require that the matter be referred to the Court.

Q. What four types of objections can be raised in the application for reference under Section 18(1)?
Ans:
(i) Measurement of the land.
(ii) Amount of compensation.
(iii) Persons to whom compensation is payable.
(iv) Apportionment of compensation among the persons interested.

Q. What must be stated in the application under Section 18(2)?
Ans: The application must state the grounds on which objection to the award is taken.

Q. What is the time limit under proviso (a) of Section 18(2) for a person who was present or represented before the Collector when the award was made?
Ans: The application must be made within six weeks from the date of the Collector’s award.

Q. What is the time limit under proviso (b) of Section 18(2) for a person who was not present or represented?
Ans: The application must be made within six weeks of receiving notice under Section 12(2), or within six months from the date of the Collector’s award, whichever period expires first.

Q. Under Section 18(3), within what period can the Provincial Government refer the matter to the Court?
Ans: The Provincial Government may refer the matter to the Court within six months from the date of announcement of the award, provided the Court finds a prima facie case for inquiry.

Q. Which legal amendment inserted Section 18(3) into the Act?
Ans: The Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

Q. What is the title of Section 19 of the Land Acquisition Act, 1894?
Ans: The title of Section 19 is “Collector’s Statement to the Court”.

Q. What information must the Collector state in writing under Section 19(1)?
Ans:
(a) Situation and extent of the land, including trees, buildings and standing crops.
(b) Names of the persons interested.
(c) Amount awarded for damages under Sections 5 and 17 and compensation awarded under Section 11.
(d) Grounds on which the amount of compensation was determined, if compensation is disputed.

Q. What document must be attached to the Collector’s statement under Section 19(2)?
Ans: A schedule containing particulars of notices served and written statements submitted by the interested parties.

Q. What is the title of Section 20 of the Land Acquisition Act, 1894?
Ans: The title of Section 20 is “Service of Notice”.

Q. What action must the Court take upon receiving the reference under Section 20?
Ans: The Court shall issue a notice specifying the date of hearing and directing the concerned persons to appear before it.

Q. Upon whom must the Court serve notice under Section 20?
Ans:
(a) The applicant.
(b) All persons interested in the objection, except those who accepted compensation without protest.
(c) The Collector and the Department of Government, Local Authority, or Company, where the objection relates to the area of land or amount of compensation.

Q. Which law inserted the phrase regarding the Department of Government, Local Authority or Company into Section 20(c)?
Ans: The Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

Q. What is the title of Section 21 of the Land Acquisition Act, 1894?
Ans: The title of Section 21 is “Restriction on Scope of Proceedings”.

Q. To what extent is the Court’s inquiry restricted under Section 21?
Ans: The inquiry is restricted to the interests of the persons affected by the objection.

Q. What is the title of Section 22 of the Land Acquisition Act, 1894?
Ans: The title of Section 22 is “Proceedings to be in Open Court”.

Q. Where must the proceedings take place under Section 22?
Ans: All proceedings shall take place in an open Court.

Q. Who is entitled to appear, plead and act under Section 22?
Ans: Every person entitled to practise in any Civil Court in the Province may appear, plead and act in such proceedings.

Q. What is the title of Section 22-A of the Land Acquisition Act, 1894?
Ans: The title of Section 22-A is “Cross Objection”.

Q. Who may lodge a cross objection under Section 22-A?
Ans: The Provincial Government, a Local Authority, or a Company for which the land is being acquired may lodge a cross objection.

Q. What power does the Court have under Section 22-A regarding the award?
Ans: The Court may reduce the amount of compensation awarded by the Collector if it considers it just and proper.

Q. Which legal amendment inserted Section 22-A into the Act?
Ans: The Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

The Land Acquisition Act, 1894 (PART IV)

Q. What is the heading of Part IV of the Land Acquisition Act, 1894?
Ans: The heading of Part IV is “Apportionment of Compensation”.

Q. What is the title of Section 29 of the Land Acquisition Act, 1894?
Ans: The title of Section 29 is “Particulars of Apportionment to be Specified”.

Q. What is the legal effect of an agreement among several interested persons regarding apportionment under Section 29?
Ans: If the interested persons agree on the apportionment, the particulars shall be specified in the award, and the award shall be conclusive evidence of the correctness of the apportionment between them.

Q. What is the title of Section 30 of the Land Acquisition Act, 1894?
Ans: The title of Section 30 is “Dispute as to Apportionment”.

Q. To whom may the Collector refer a dispute regarding apportionment or the persons entitled to compensation under Section 30?
Ans: The Collector may refer the dispute to the Court for decision.

The Land Acquisition Act, 1894 (PART V)

Q. What is the heading of Part V of the Land Acquisition Act, 1894?
Ans: The heading of Part V is “Payment”.

Q. What is the title of Section 31 of the Land Acquisition Act, 1894?
Ans: The title of Section 31 is “Payment of Compensation or Deposit of Same in Court”.

Q. Which legal amendment completely substituted Section 31(1), and when was it published?
Ans: It was substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q. Under Section 31(1)(a), when must the Collector tender the full amount of compensation before taking possession?
Ans: The Collector shall tender the full amount of compensation if:
(i) The interested persons and the Provincial Government accept the award in writing; or
(ii) The prescribed period for making an application or reference under Section 18(2) or Section 18(3) has expired without any application or reference being made.

Q. Under Section 31(1)(b), what must the Collector tender if the award is objected to and a reference is made?
Ans: The Collector shall tender the compensation awarded by him or the estimated cost of acquisition determined under Section 17(1), whichever is less.

Q. What condition must be fulfilled before payment under Section 31(1)(b)?
Ans: The person entitled to compensation must furnish security, to the satisfaction of the Collector, for refund of any excess amount that may later be found payable after the Court’s decision.

Q. Under Section 31(2), in which four situations must the Collector deposit compensation in Court?
Ans:
(i) When the persons interested refuse to receive it.
(ii) When no person is competent to alienate the land.
(iii) When there is a dispute regarding the title to receive compensation.
(iv) When there is a dispute regarding the apportionment of compensation.

Q. Can an admitted interested person receive compensation under protest?
Ans: Yes. A person admitted to be interested may receive payment under protest regarding the sufficiency of the amount.

Q. What restriction applies to a person who receives compensation without protest?
Ans: Such a person cannot make an application under Section 18.

Q. Does payment of compensation under the Act relieve the recipient from liability towards the lawful owner?
Ans: No. The recipient remains liable to pay the compensation to the person lawfully entitled to it.

Q. What arrangements may the Collector make under Section 31(3), and whose approval is required?
Ans: With the sanction of the Commissioner, the Collector may:
(i) Grant other land in exchange.
(ii) Remit land revenue on other land held under the same title.
(iii) Make any other equitable arrangement.

Q. What are the historical legal updates regarding the substitution of the word “Commissioner” in Section 31(3)?
Ans: The expression “Executive District Officer (Revenue)” was substituted back to “Commissioner” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), effective from 20 April 2011. It had earlier been substituted by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001). Before that, “Provincial Government” replaced “Local Government” through the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), effective from 14 October 1955.

Q. Does Section 31(3) restrict the Collector from entering into agreements with persons competent to contract?
Ans: No. Section 31(4) provides that nothing in Section 31(3) limits the Collector’s power to enter into any arrangement with a person interested in the land who is competent to contract.

Q. What is the title of Section 32 of the Land Acquisition Act, 1894?
Ans: The title of Section 32 is “Investment of Money Deposited in Respect of Lands Belonging to Persons Incompetent to Alienate”.

Q. What must the Court order if compensation is deposited for land belonging to a person incompetent to alienate?
Ans: The Court shall order:
(i) The money to be invested in the purchase of other land to be held under the same title; or
(ii) If immediate purchase is not possible, investment in Government or other approved securities.

Q. How long must the money remain invested under Section 32(1)?
Ans: It shall remain invested until it is:
(i) Applied in purchasing other land; or
(ii) Paid to the person who becomes absolutely entitled to it.

Q. What costs must the Court direct the Collector to pay under Section 32(2)?
Ans:
(i) Costs of making the investments.
(ii) Costs of orders relating to payment of interest or investment proceeds.
(iii) Costs of payment out of Court of the principal amount, except those arising from disputes between rival claimants.

Q. What is the title of Section 33 of the Land Acquisition Act, 1894?
Ans: The title of Section 33 is “Investment of Money Deposited in Other Cases”.

Q. Under what circumstances may the Court invest money under Section 33?
Ans: On the application of any interested person (for reasons other than those mentioned in Section 32), the Court may invest the money in Government or other approved securities and direct that the income be accumulated and paid so as to provide the parties the same benefit they would have received from the land.

Q. What is the title of Section 34 of the Land Acquisition Act, 1894?
Ans: The title of Section 34 is “Payment of Interest”.

Q. What rate of interest is payable under Section 34 if compensation is not paid before possession is taken?
Ans: The Collector shall pay compound interest at the rate of eight per cent per annum from the date of taking possession until payment or deposit of compensation.

Q. What does the proviso to Section 34 state regarding waiver of interest?
Ans: Any waiver by the landowner of the right to interest is void, and the landowner remains entitled to the prescribed interest despite any agreement to the contrary.

Q. Which amendment substituted the words “compound interest at the rate of eight per centum” in Section 34?
Ans: The Land Acquisition (West Pakistan Amendment) Act, 1969 (III of 1969), published on 15 March 1969.

The Land Acquisition Act, 1894 (PART VI)

Q. What is the heading of Part VI of the Land Acquisition Act, 1894?
Ans: The heading of Part VI is “Temporary Occupation of Land”.

Q. What is the title of Section 35 of the Land Acquisition Act, 1894?
Ans: The title of Section 35 is “Temporary Occupation of Waste or Arable Land – Procedure When Difference as to Compensation Exists”.

Q. Under Section 35(1), what maximum term can the Commissioner direct for the temporary occupation and use of land?
Ans: The Commissioner may direct temporary occupation for a period not exceeding three years from the commencement of such occupation.

Q. What types of land can be temporarily occupied under Section 35(1)?
Ans: Only waste or arable land may be temporarily occupied.

Q. What are the historical legal updates regarding the substitution of “Commissioner” in Sections 35 and 36?
Ans: The expression “Executive District Officer (Revenue)” was substituted back to “Commissioner” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), effective from 20 April 2011. It had earlier been substituted by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which was saved under Article 270AA of the Constitution through the Eighteenth Amendment Act, 2010. Before that, “Provincial Government” replaced “Local Government” under the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), effective from 14 October 1955.

Q. What duties are imposed on the Collector and authorized officers under Section 35(2)?
Ans: The Collector shall:
(i) Publish public notice of the direction at convenient places in the locality.
(ii) Authorize officers, servants and workmen to enter upon, survey and take levels of the land.

Q. Which legal amendment substituted Section 35(2) and inserted Section 35(3)?
Ans: The Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published on 17 December 1969.

Q. What must the Collector do under Section 35(3) after receiving the plans of the land?
Ans: The Collector shall:
(i) Give written notice to the persons interested stating the purpose for which the land is required.
(ii) Pay compensation, either as a lump sum or by monthly or periodical payments, as agreed in writing for the occupation, use of the land and materials taken from it.

Q. What action must the Collector take under Section 35(4) if there is disagreement regarding compensation or its apportionment?
Ans: The Collector shall refer the dispute to the Court for decision.

Q. Which law renumbered the original sub-section as Section 35(4)?
Ans: The Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

Q. What is the title of Section 36 of the Land Acquisition Act, 1894?
Ans: The title of Section 36 is “Power to Enter and Take Possession, and Compensation on Restoration”.

Q. Under Section 36(1), when may the Collector enter upon and take possession of land for temporary occupation?
Ans: The Collector may enter upon and take possession of the land:
(i) After payment of compensation;
(ii) After execution of the agreement; or
(iii) After making a reference under Section 35.

Q. What must the Collector do under Section 36(2) when the temporary occupation period expires?
Ans: The Collector shall:
(i) Pay or tender compensation for any damage not covered by the agreement.
(ii) Restore the land to the persons interested.

Q. What happens under the proviso to Section 36(2) if the land becomes permanently unfit for its original purpose?
Ans: If the persons interested so require, the Commissioner shall acquire the land permanently under the Act as if it were required for a public purpose or for a Company.

Q. What is the title of Section 37 of the Land Acquisition Act, 1894?
Ans: The title of Section 37 is “Difference as to Condition of Land”.

Q. What must the Collector do under Section 37 if a dispute arises regarding the condition of the land after restoration?
Ans: If there is any dispute regarding:
(i) The condition of the land at the expiry of the occupation period; or
(ii) Any matter connected with the agreement,the Collector shall refer the dispute to the Court for decision.

The Land Acquisition Act, 1894 (PART VII)

Q. What is the heading of Part VII of the Land Acquisition Act, 1894?
Ans. The heading of Part VII is “Acquisition of Land for Companies.”

Q. What is the title of Section 38 of the Land Acquisition Act, 1894?
Ans. The title of Section 38 is “Company may be authorized to enter and survey.”

Q. Who may authorize an officer of a Company to exercise the powers conferred by Section 4(2) under Section 38(1)?
Ans. The Commissioner may authorize any officer of a Company desiring to acquire land for its purposes to exercise the powers conferred by Section 4(2).

Q. Which legal amendment substituted Section 38(1) into its present form, and when was it published?
Ans. Section 38(1) was substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q. What are the historical legal updates regarding the substitution of the word “Commissioner” in Part VII?
Ans.
• “Executive District Officer (Revenue)” was substituted back to “Commissioner” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), effective from 20 April 2011.
• It had earlier been substituted by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), which was later protected under Article 270AA of the Constitution through the Eighteenth Amendment Act, 2010.
• Before that, “Provincial Government” replaced “Local Government” through the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), effective from 14 October 1955.

Q. How must Section 4 be construed when land is acquired for a Company under Section 38(2)?
Ans. Section 4 shall be read as if:
• The words “for such purpose” are replaced with “for the purposes of the Company.”
• In Section 4(3), the words “of the Company” are inserted after the words “the officer.”

Q. Which amendment substituted the words “sub-section (3) of section 4” in place of “section 5” under Section 38(2)?
Ans. This substitution was made by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969).

Q. What is the title of Section 38A of the Land Acquisition Act, 1894?
Ans. The title of Section 38A is “Industrial concern to be deemed Company for certain purposes.”

Q. What conditions must an industrial concern fulfill to be deemed a Company under Section 38A?
Ans. An industrial concern:
• Must not already be a registered Company.
• Must ordinarily employ not less than 100 workmen.
• Must be owned by an individual or an association of individuals.
• Must seek land for constructing workmen’s houses or providing amenities directly connected with those houses.

Q. To which sections does the expression “Company” also apply when an industrial concern qualifies under Section 38A?
Ans. The expression “Company” also applies to Sections 5A, 6, 7, 17 and 50.

Q. Which amendment inserted Section 38A into the Act, and when was it published?
Ans. Section 38A was inserted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), published in the Gazette of India on 16 September 1933.

Q. What is the title of Section 39 of the Land Acquisition Act, 1894?
Ans. The title of Section 39 is “Previous consent of Commissioner and execution of agreement necessary.”

Q. What conditions must be fulfilled before Sections 6 to 37 can be applied for acquiring land for a Company?
Ans.
• The previous consent of the Commissioner must be obtained.
• The Company must execute the prescribed agreement.

Q. What is the title of Section 40 of the Land Acquisition Act, 1894?
Ans. The title of Section 40 is “Previous enquiry.”

Q. On what basis can the Commissioner grant consent under Section 40(1)?
Ans. The Commissioner may grant consent after being satisfied either:
• On the report submitted by the Collector under Section 5A(2), or
• After an enquiry conducted under the Act.

Q. Which amendment inserted the reference to the Collector’s report under Section 5A(2) into Section 40(1)?
Ans. It was inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q. What four matters must satisfy the Commissioner under Section 40(1)?
Ans. The Commissioner must be satisfied that:
(a) The land is required for constructing houses for workmen or providing related amenities.
(aa) The land is needed for constructing a building or work for a Company engaged or intending to engage in an industry or work serving a public purpose.
(b) The acquisition is required for constructing a work likely to be useful to the public.
(c) The area proposed for acquisition is reasonable for the intended purpose.

Q. Who appoints the officer, time and place for the enquiry under Section 40(2)?
Ans. The Commissioner appoints the officer, as well as the time and place of the enquiry.

Q. What powers does the enquiry officer possess under Section 40(3)?
Ans. The enquiry officer may:
• Summon witnesses.
• Enforce the attendance of witnesses.
• Compel the production of documents.
• Exercise these powers in the same manner as a Civil Court under the Code of Civil Procedure.

Q. What is the title of Section 41 of the Land Acquisition Act, 1894?
Ans. The title of Section 41 is “Agreement with the Provincial Government.”

Q. Which phrase was substituted in the title of Section 41 by the Government of India Order, 1937?
Ans. The words “with the Provincial Government” were substituted for “Secretary of State in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary) on 1 April 1937.

Q. Which expression was omitted from the beginning of Section 41, and by which amendment?
Ans. The expression “Such officer shall report to the Local Government the result of enquiry, and,” was omitted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published on 11 August 1923.

Q. On what basis must the Commissioner be satisfied before requiring an agreement under Section 41?
Ans. The Commissioner must be satisfied after considering:
• The report of the Collector under Section 5A(2), if any; or
• The report of the officer conducting the enquiry under Section 40.

Q. Which amendment inserted the requirement of considering the reports under Sections 5A(2) and 40 into Section 41?
Ans. The requirement was inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q. What are the historical legal updates regarding the substitution of the word “Commissioner” in Section 41?
Ans.
• “Executive District Officer (Revenue)” was substituted back to “Commissioner” by the Punjab Laws (Amendment) Act, 2011 (VI of 2011), effective from 20 April 2011.
• It had earlier been substituted by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), later protected under Article 270AA through the Constitution (Eighteenth Amendment) Act, 2010.
• Before that, “Provincial Government” replaced “Local Government” under the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), effective from 14 October 1955.

Q. What must the Commissioner require the Company to do if satisfied under Section 40(1)?
Ans. The Commissioner shall require the Company to enter into an agreement with the Provincial Government containing provisions satisfactory to the Provincial Government.

Q. What does Section 41(1) require regarding the financial cost of acquisition?
Ans. The agreement must provide for the payment to the Provincial Government of the cost of acquisition.

Q. What does Section 41(2) require after payment of the acquisition cost?
Ans. The agreement must provide for the transfer of the acquired land to the Company upon such payment.

Q. What does Section 41(3) require regarding the holding of the land?
Ans. The agreement must specify the terms and conditions on which the land shall be held by the Company.

Q. What must the agreement specify under Section 41(4) where land is acquired for workmen’s dwelling houses or amenities?
Ans. The agreement must specify:
• The time within which the dwelling houses or amenities shall be provided.
• The conditions on which they shall be provided.
• The manner in which they shall be erected or provided.

Q. What must the agreement specify under Section 41(5) where acquisition is made under Section 40(1)(b)?
Ans. The agreement must specify:
• The time within which the work shall be constructed.
• The conditions on which the work shall be constructed and maintained.

Q. Which amendment substituted Section 41(4), and when was it published?
Ans. Section 41(4) was substituted by the Land Acquisition (Amendment) Act, 1933 (XVI of 1933), published in the Gazette of India on 16 September 1933.

Part VIII (Questions & Answers)

Q. What is the heading of Part VIII of the Land Acquisition Act, 1894?
Ans. The heading of Part VIII is “Miscellaneous.”

Q. What is the title of Section 45 of the Land Acquisition Act, 1894?
Ans. The title of Section 45 is “Service of notices.”

Q. Who must sign the copy of a notice under Section 45(1)?
Ans. In the case of a notice under Section 4, it shall be signed by the officer mentioned therein. In the case of any other notice, it shall be signed by or by the order of the Collector or the Judge.

Q. What is the preferred method of serving a notice under Section 45(2)?
Ans. Whenever practicable, the notice shall be served personally on the person named in it.

Q. What is the procedure under Section 45(3) if the person named in the notice cannot be found?
Ans. The notice may be served:
• On any adult male member of his family residing with him.
• If no such person is available, by affixing a copy on the outer door of his residence or place of business.
• It may also be affixed in a conspicuous place in the office of the officer, Collector, or Court-house, and on a conspicuous part of the land to be acquired.

Q. How may a notice be served by post under the proviso to Section 45(3)?
Ans. If directed by the Collector or Judge, the notice may be sent by registered post to the person’s last known residence, address, or place of business under the Post Office Act, 1898, and service may be proved by producing the addressee’s receipt.

Q. What is the title of Section 46 of the Land Acquisition Act, 1894?
Ans. The title of Section 46 is “Penalty for obstructing acquisition of land.”

Q. What is the punishment under Section 46 for obstructing acquisition proceedings or destroying survey marks?
Ans. Upon conviction by a Magistrate, the offender is liable to:
• Imprisonment up to one month; or
• Fine up to fifty rupees; or
• Both imprisonment and fine.

Q. What is the title of Section 47 of the Land Acquisition Act, 1894?
Ans. The title of Section 47 is “Magistrate to enforce surrender.”

Q. What must the Collector do if he is opposed while taking possession under Section 47?
Ans.
• If the Collector is a Magistrate, he shall enforce the surrender of the land himself.
• If he is not a Magistrate, he shall apply to a Magistrate, who shall enforce the surrender of the land to the Collector.

Q. Which expressions were omitted from Section 47 and by which amendment?
Ans. The expressions:
• “or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police”; and
• “as Commissioner (as the case may be)”
were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949).

Q. What is the title of Section 48 of the Land Acquisition Act, 1894?
Ans. The title of Section 48 is “Completion of acquisition not compulsory, but compensation to be awarded when not completed.”

Q. When may the Commissioner withdraw from the acquisition under Section 48(1)?
Ans. Except in the case provided under Section 36, the Commissioner may withdraw from the acquisition of any land of which possession has not yet been taken.

Q. What are the historical legal changes regarding the word “Commissioner” in Sections 48 and 49?
Ans.
• “Executive District Officer (Revenue)” was replaced by “Commissioner” through the Punjab Laws (Amendment) Act, 2011 (VI of 2011), effective from 20 April 2011.
• Earlier, “Commissioner” had been replaced by the Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), later protected under Article 270AA by the Constitution (Eighteenth Amendment) Act, 2010.
• Before that, “Provincial Government” replaced “Local Government” under the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), effective from 14 October 1955.

Q. What must the Collector do when the Commissioner withdraws from acquisition under Section 48(2)?
Ans. The Collector shall:
• Determine the compensation payable for the damage suffered by the owner due to the acquisition proceedings; and
• Pay the compensation together with all reasonable costs incurred by the person interested.

Q. Which Part of the Act governs compensation under Section 48(3)?
Ans. The provisions of Part III of the Act apply, as far as possible.

Q. What is the title of Section 49 of the Land Acquisition Act, 1894?
Ans. The title of Section 49 is “Acquisition of part of house or building.”

Q. What restriction is imposed under Section 49(1) regarding the acquisition of part of a house or building?
Ans. If the owner desires, only a part of a house, manufactory, or other building cannot be acquired; the whole property must be acquired.

Q. When may the owner withdraw or modify this request under the first proviso to Section 49(1)?
Ans. The owner may withdraw or modify the request by giving written notice at any time before the Collector makes the award under Section 11.

Q. What must the Collector do if there is a dispute about whether the land forms part of a house or building?
Ans. The Collector shall:
• Refer the matter to the Court for determination; and
• Shall not take possession until the Court decides the issue.

Q. What must the Court consider while deciding such a dispute under Section 49(1)?
Ans. The Court shall consider whether the land proposed to be acquired is reasonably necessary for the full and unimpaired use of the house, manufactory, or building.

Q. What power does the Commissioner have under Section 49(2)?
Ans. If the Commissioner considers a claim for compensation due to severance under Section 23(1) thirdly to be unreasonable or excessive, he may order the acquisition of the whole land instead of only a part.

Q. Is a fresh declaration required if the Commissioner orders acquisition of the whole land under Section 49(3)?
Ans. No. No fresh declaration or proceedings under Sections 6 to 10 are required. The Collector shall furnish a copy of the Commissioner’s order to the person interested and proceed to make the award under Section 11.

The Land Acquisition Act, 1894 (PART VIII)

Q. What is the title of Section 50 of the Land Acquisition Act, 1894?
Ans. The title of Section 50 is “Acquisition of land at cost of a local authority or Company.”

Q. Under Section 50(1), how shall the charges of and incidental to land acquisition be defrayed if the acquisition is at the cost of a local authority or a Company?
Ans. The charges of and incidental to the acquisition shall be defrayed from or by the fund controlled or managed by the local authority or by the Company concerned.

Q. What additional method of recovery for charges is provided under Section 50(1A), and which amendment inserted it?
Ans. The charges may be recovered as arrears of land revenue. This provision was inserted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published on 17 December 1969.

Q. What right does a local authority or Company have during proceedings before the Collector or the Court under Section 50(2)?
Ans. The local authority or Company may appear and produce evidence for determining the amount of compensation.

Q. What restriction is imposed on a local authority or Company under the proviso to Section 50(2)?
Ans. A local authority or Company is not entitled to demand a reference under Section 18.

Q. What is the title of Section 51 of the Land Acquisition Act, 1894?
Ans. The title of Section 51 is “Exemption from stamp-duty and fees.”

Q. What exemptions are provided under Section 51?
Ans.
• No award or agreement made under this Act is chargeable with stamp duty.
• No person claiming under such award or agreement is liable to pay any fee for obtaining its copy.

Q. What is the title of Section 52 of the Land Acquisition Act, 1894?
Ans. The title of Section 52 is “Notice in case of suits for anything done in pursuance of Act.”

Q. What conditions must be fulfilled before filing a suit under Section 52?
Ans.
• One month’s prior written notice of the intended suit and its cause must be given.
• No suit can be filed after sufficient amends have been tendered.

Q. What is the title of Section 53 of the Land Acquisition Act, 1894?
Ans. The title of Section 53 is “Code of Civil Procedure to apply to proceedings before Court.”

Q. To what extent does the Code of Civil Procedure apply under Section 53?
Ans. The provisions of the Code of Civil Procedure, 1908 (formerly Code XIV of 1882), apply to all proceedings before the Court under this Act, so far as they are not inconsistent with the provisions of the Act.

Q. What is the title of Section 54 of the Land Acquisition Act, 1894?
Ans. The title of Section 54 is “Appeals in proceedings before Court.”

Q. Which amendment substituted Section 54, and when was it published?
Ans. Section 54 was substituted by the Land Acquisition (Amendment) Act, 1921 (XIX of 1921), published in the Punjab Gazette on 21 October 1921.

Q. To which Court does an appeal first lie under Section 54?
Ans. An appeal lies to the High Court against the whole or any part of the award of the Court.

Q. Under what conditions can an appeal be made from the High Court to the Supreme Court?
Ans. An appeal lies to the Supreme Court from a decree of the High Court, subject to the provisions of Section 110 and Order XLV of the Code of Civil Procedure, 1908.

Q. Which legal order substituted the words “the Supreme Court” for “His Majesty in Council” in Section 54?
Ans. The substitution was made by the Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), made on 21 January 1961 and effective from 23 March 1956.

Q. What is the title of Section 55 of the Land Acquisition Act, 1894?
Ans. The title of Section 55 is “Power to make rules.”

Q. Who has the authority to make, alter and add rules under Section 55(1)?
Ans. The Provincial Government has the power to make, alter and add rules consistent with the Act for the guidance of officers in matters relating to its enforcement.

Q. Which amendment substituted the words “Provincial Government” for “Local Government” in Section 55(1)?
Ans. The substitution was made by the Government of India (Adaptation of Indian Laws) Order, 1937, published on 1 April 1937.

Q. Which law omitted the phrase “subject to the control of the Governor General in Council” from Section 55(1)?
Ans. The phrase was omitted by the Devolution Act, 1920 (XXXVIII of 1920), published on 24 September 1920.

Q. What condition must be fulfilled before rules are made, altered or added under Section 55(2)?
Ans. Rules, alterations and additions can only be made after previous publication.

Q. What requirement gives rules the force of law under Section 55(3)?
Ans. The rules, alterations and additions must be published in the Official Gazette, after which they shall have the force of law.

Q. Which amendment omitted the words “when sanctioned by the Governor General in Council” from Section 55(3)?
Ans. The words were omitted by the Decentralization Act, 1914 (IV of 1914), published in the Gazette of India on 28 February 1914.

The Land Acquisition Act, 1894

Q1. What is the Act number and official title of the Act mentioned in the text? Ans: This Act is titled “The Land Acquisition Act, 1894” and its Act number is “(I of 1894)”.

Q2. On what exact date was the Land Acquisition Act, 1894 published or enacted? Ans: It was published/enacted on 3 February 1894.

Q3. Where was the Land Acquisition Act, 1894 originally published, and on what pages? Ans: It was published in the Gazette of India, dated 3 February 1894, on pages 1–11.

Q4. Where can the “Statement of Objects and Reasons” for this Act be found? Ans: It can be found in the Gazette of India, 1892, Part V, page 32.

Q5. Where can the “Report of the Select Committee” for this Act be found? Ans: It can be found in the Gazette of India, 1894, Part V, page 23.

Q6. Where can the “Proceedings in Council” for this Act be found? Ans: They can be found in the Gazette of India, 1892, Part VI, page 25, and ibid., 1894, pages 19 and 24–42.

Q7. What is the main purpose or preamble of the Land Acquisition Act, 1894? Ans: The purpose of the Act is to amend the law for the acquisition of land needed for public purposes and for Companies, and for determining the amount of compensation to be made on account of such acquisition.

Q8. According to Section 1(1), what is the short title of this Act? Ans: This Act may be called the Land Acquisition Act, 1894.

Q9. What is the geographical extent of the Land Acquisition Act, 1894 according to Section 1(2)? Ans: It extends to the whole of Pakistan.

Q10. Which legal amendment substituted Section 1(2) to extend the Act to the whole of Pakistan, and when was it assented to? Ans: It was substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), which was assented to by the President on 7 June 1960.

Q12. When did the Land Acquisition Act, 1894 officially come into force according to Section 1(3)? Ans: It came into force on the first day of March, 1894.

Q13. How was the Land Acquisition Act, 1894 declared to be in force in Baluchistan? Ans: It was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), Section 3 read with Schedule I.

Q15. When did the Act come into force in the Excluded Area of Upper Tanawal other than Phulera? Ans: It was declared to be in force in that area with effect from 1 June 1951, via the N.W.F.P. Gazette (Extraordinary), dated 1 June 1951.

Q17. What happened to Section 2 of the Land Acquisition Act, 1894? Ans: Section 2, which related to “Repeal”, was repealed.

Q19. What is the qualification clause mentioned at the beginning of Section 3 (Definitions)? Ans: The definitions apply “unless there is something repugnant in the subject or context”.

Q20. What is the definition of the expression “land” under Section 3(a)? Ans: The expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.

Q24. What is the definition of the expression “Commissioner” under Section 3(cc)? Ans: The expression “Commissioner” means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967), and includes an Additional Commissioner.

Q26. What is the restriction placed on a Civil Judge performing the functions of a “Court” under Section 3(d)? Ans: In the case of a Civil Judge, such functions shall be exercised only up to the limits of his pecuniary jurisdiction.

Q27. Which law substituted the definition of “Court” in Section 3(d), and when was it published? Ans: It was substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q29. Which amendment substituted the expression “Companies Ordinance, 1984” for “Indian Companies Act, 1882” under Section 3(e)? Ans: The Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab Gazette on 14 August 2001.

Q34. What are the Act numbers for the Societies Registration Act and the Co-operative Societies Act mentioned in the text? Ans: The Societies Registration Act is XXI of 1860, and the Co-operative Societies Act is II of 1912.

Q38. Who is deemed “entitled to act” for a married woman in cases where English law is applicable? Ans: A married woman, whether of full age or not, shall be deemed entitled to act to the same extent as if she were unmarried and of full age.

Q39. Who is deemed “entitled to act” on behalf of minors, lunatics, or idiots? Ans: The guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons entitled to act.

The Land Acquisition Act, 1894 (PART II)

Q1. Which current code must be referred to instead of Chapter XXXI of the Code of Civil Procedure (XIV of 1882) mentioned in Footnote 1? Ans: Instead of the old code, the Code of Civil Procedure, 1908 (V of 1908) is now referred to.

Q2. What is the heading of Part II of the Land Acquisition Act, 1894? Ans: The heading of Part II is “Acquisition”.

Q3. What is the sub-heading under Part II that covers Section 4 and Section 5? Ans: The sub-heading is “Preliminary Investigation”.

Q4. What is the title of Section 4 of the Land Acquisition Act, 1894? Ans: The title of Section 4 is “Publication of preliminary notification and powers of officers thereupon”.

Q6. What duty does Section 4(1) impose on the Collector after the publication of the notification in the official Gazette? Ans: The Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

Q7. Which legal amendment substituted Section 4(1), Section 5, and Section 5A, and when was it published? Ans: They were substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q8. Who has the authority to authorize officers to enter and survey the land under Section 4(2)? Ans: The Collector of the district has the authority to authorize officers either generally or specially.

Q10. What specific actions are lawful for an authorized officer, their servants, and workmen to perform under Section 4(2)? Ans: They are authorized to:

Enter upon and survey and take levels of any land in such locality.

Dig or bore into the subsoil.

Do all other acts necessary to ascertain whether the land is adapted for such purpose.

Set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon.

Mark such levels, boundaries and lines by placing marks and cutting trenches.

Cut down and clear away any part of any standing crop, fence or jungle where the survey cannot otherwise be completed.

Q12. What requirement does Section 4(3) place on the authorized officer at the time of entry upon the land? Ans: The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done.

Q13. What happens under Section 4(3) if there is a dispute regarding the sufficiency of the payment or tender for damages? Ans: The officer shall immediately refer the dispute to the Collector or other chief revenue officer of the district, whose decision shall be final.

Q14. What is the title of Section 5 of the Land Acquisition Act, 1894? Ans: The title of Section 5 is “Notification that particular land is needed for a public purpose or for a Company”.

Q15. Who must be satisfied under Section 5 before a notification is issued for a public purpose and for a Company respectively? Ans:

For a public purpose: The Commissioner must be satisfied.

For a Company: The Provincial Government must be satisfied.

Q18. What details must be stated in the official Gazette notification issued under Section 5? Ans: The notification must state:

The district or other territorial division where the land is situated.

The purpose for which the land is needed.

The approximate area of the land.

The situation/location of the land.

If a plan has been prepared, the place where the plan may be inspected.

Q19. What public notice must the Collector give under Section 5 after the Gazette notification? Ans: The Collector shall cause public notice to be given of the substance of the notification at convenient places on or near the land to be acquired.

Q20. What is the heading inserted before Section 5A, and which law introduced it? Ans: The heading is “Objections”, and it was inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q21. What is the title of Section 5A of the Land Acquisition Act, 1894? Ans: The title of Section 5A is “Hearing of objections”.

Q22. Within how many days can an interested person object to the acquisition under Section 5A(1)? Ans: Any person interested may object within thirty days after the issue of the notification under Section 5.

Q23. To whom must an objection under Section 5A(2) be made, and in what form? Ans: Every objection shall be made to the Collector in writing.

Q25. What documents must the Collector submit to the Commissioner along with the case under Section 5A(2)? Ans: The Collector must submit:

The record of the proceedings held by him.

A report containing his recommendations on the objections.

Q26. What is the legal status of the Commissioner’s decision on the objections under Section 5A(2)? Ans: The decision of the Commissioner on the objections shall be final.

Q28. Who is deemed to be a “person interested” for the purpose of Section 5A according to sub-section (4)? Ans: A person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.

Q29. What is the sub-heading under Part II that covers Section 6 to Section 10?

Ans: The sub-heading is “Declaration of intended Acquisition”.

Q30. What is the title of Section 6 of the Land Acquisition Act, 1894?

Ans: The title of Section 6 is “Declaration that land is required for a public purpose”.

Q31. According to Section 6(1), under what conditions and under whose signature is a declaration made for land acquisition?

Q32. Which amendment originally substituted the words “whenever it appears to the Local Government” with the requirement to consider the Section 5A report under Section 6(1), and when was it published?

Ans: It was substituted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q33. What are the historical legal updates regarding the substitution of “Commissioner” in Section 6 and Section 7?

Q34. Which law substituted the words “a secretary to such Government” and the word “its” with “the Commissioner” and “such” in Section 6(1), and when did it come into force?

Ans: It was substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published on 2 July 1957, and it came into force on 14 October 1955.

Q35. What is the proviso stated under Section 6(1) regarding the funding of the compensation?

Ans: No such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority.

Q36. What specific details must be stated in the official Gazette declaration under Section 6(2)?

Ans: The declaration shall state:

The district or other territorial division in which the land is situated.

The purpose for which it is needed.

Its approximate area.

Where a plan has been made of the land, the place where such plan may be inspected.

Q37. What is the legal evidentiary value of the declaration according to Section 6(3)?

Q1. What is the Act number and official title of the Act mentioned in the text?
Ans: This Act is titled “The Land Acquisition Act, 1894” and its Act number is “(I of 1894)”.

Q2. On what exact date was the Land Acquisition Act, 1894 published or enacted?
Ans: It was published/enacted on 3 February 1894.

Q3. Where was the Land Acquisition Act, 1894 originally published, and on what pages?
Ans: It was published in the Gazette of India, dated 3 February 1894, on pages 1–11.

Q4. Where can the “Statement of Objects and Reasons” for this Act be found?
Ans: It can be found in the Gazette of India, 1892, Part V, page 32.

Q5. Where can the “Report of the Select Committee” for this Act be found?
Ans: It can be found in the Gazette of India, 1894, Part V, page 23.

Q6. Where can the “Proceedings in Council” for this Act be found?
Ans: They can be found in the Gazette of India, 1892, Part VI, page 25, and ibid., 1894, pages 19 and 24–42.

Q7. What is the main purpose or preamble of the Land Acquisition Act, 1894?
Ans: The purpose of the Act is to amend the law for the acquisition of land needed for public purposes and for Companies, and for determining the amount of compensation to be made on account of such acquisition.

Q8. According to Section 1(1), what is the short title of this Act?
Ans: This Act may be called the Land Acquisition Act, 1894.

Q9. What is the geographical extent of the Land Acquisition Act, 1894 according to Section 1(2)?
Ans: It extends to the whole of Pakistan.

Q10. Which legal amendment substituted Section 1(2) to extend the Act to the whole of Pakistan, and when was it assented to?
Ans: It was substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), which was assented to by the President on 7 June 1960.

Q12. When did the Land Acquisition Act, 1894 officially come into force according to Section 1(3)?
Ans: It came into force on the first day of March, 1894.

Q13. How was the Land Acquisition Act, 1894 declared to be in force in Baluchistan?
Ans: It was declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913), Section 3 read with Schedule I.

Q15. When did the Act come into force in the Excluded Area of Upper Tanawal other than Phulera?
Ans: It was declared to be in force in that area with effect from 1 June 1951, via the N.W.F.P. Gazette (Extraordinary), dated 1 June 1951.

Q17. What happened to Section 2 of the Land Acquisition Act, 1894?
Ans: Section 2, which related to “Repeal”, was repealed.

Q19. What is the qualification clause mentioned at the beginning of Section 3 (Definitions)?
Ans: The definitions apply “unless there is something repugnant in the subject or context”.

Q20. What is the definition of the expression “land” under Section 3(a)?
Ans: The expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.

Q24. What is the definition of the expression “Commissioner” under Section 3(cc)?
Ans: The expression “Commissioner” means a Commissioner of a Division appointed under the Punjab Land Revenue Act, 1967 (XVII of 1967), and includes an Additional Commissioner.

Q26. What is the restriction placed on a Civil Judge performing the functions of a “Court” under Section 3(d)?
Ans: In the case of a Civil Judge, such functions shall be exercised only up to the limits of his pecuniary jurisdiction.

Q27. Which law substituted the definition of “Court” in Section 3(d), and when was it published?
Ans: It was substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q29. Which amendment substituted the expression “Companies Ordinance, 1984” for “Indian Companies Act, 1882” under Section 3(e)?
Ans: The Land Acquisition (Punjab Amendment) Ordinance, 2001 (XXXIII of 2001), published in the Punjab Gazette on 14 August 2001.

Q34. What are the Act numbers for the Societies Registration Act and the Co-operative Societies Act mentioned in the text?
Ans: The Societies Registration Act is XXI of 1860, and the Co-operative Societies Act is II of 1912.

Q38. Who is deemed “entitled to act” for a married woman in cases where English law is applicable?
Ans: A married woman, whether of full age or not, shall be deemed entitled to act to the same extent as if she were unmarried and of full age.

Q39. Who is deemed “entitled to act” on behalf of minors, lunatics, or idiots?
Ans: The guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons entitled to act.

Q1. Which current code must be referred to instead of Chapter XXXI of the Code of Civil Procedure (XIV of 1882) mentioned in Footnote 1?
Ans: Instead of the old code, the Code of Civil Procedure, 1908 (V of 1908) is now referred to.

Q2. What is the heading of Part II of the Land Acquisition Act, 1894?
Ans: The heading of Part II is “Acquisition”.

Q3. What is the sub-heading under Part II that covers Section 4 and Section 5?
Ans: The sub-heading is “Preliminary Investigation”.

Q4. What is the title of Section 4 of the Land Acquisition Act, 1894?
Ans: The title of Section 4 is “Publication of preliminary notification and powers of officers thereupon”.

Q6. What duty does Section 4(1) impose on the Collector after the publication of the notification in the official Gazette?
Ans: The Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

Q7. Which legal amendment substituted Section 4(1), Section 5, and Section 5A, and when was it published?
Ans: They were substituted by the Land Acquisition (West Pakistan Amendment) Ordinance, 1969 (XLIX of 1969), published in the Gazette of West Pakistan (Extraordinary) on 17 December 1969.

Q8. Who has the authority to authorize officers to enter and survey the land under Section 4(2)?
Ans: The Collector of the district has the authority to authorize officers either generally or specially.

Q10. What specific actions are lawful for an authorized officer, their servants, and workmen to perform under Section 4(2)?
Ans: They are authorized to:

Q12. What requirement does Section 4(3) place on the authorized officer at the time of entry upon the land?
Ans: The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done.

Q13. What happens under Section 4(3) if there is a dispute regarding the sufficiency of the payment or tender for damages?
Ans: The officer shall immediately refer the dispute to the Collector or other chief revenue officer of the district, whose decision shall be final.

Q14. What is the title of Section 5 of the Land Acquisition Act, 1894?
Ans: The title of Section 5 is “Notification that particular land is needed for a public purpose or for a Company”.

Q15. Who must be satisfied under Section 5 before a notification is issued for a public purpose and for a Company respectively?
Ans:

Q18. What details must be stated in the official Gazette notification issued under Section 5?
Ans: The notification must state:

Q19. What public notice must the Collector give under Section 5 after the Gazette notification?
Ans: The Collector shall cause public notice to be given of the substance of the notification at convenient places on or near the land to be acquired.

Q20. What is the heading inserted before Section 5A, and which law introduced it?
Ans: The heading is “Objections”, and it was inserted by the Land Acquisition (Amendment) Act, 1923 (XXXVIII of 1923), published in the Gazette of India on 11 August 1923.

Q21. What is the title of Section 5A of the Land Acquisition Act, 1894?
Ans: The title of Section 5A is “Hearing of objections”.

Q22. Within how many days can an interested person object to the acquisition under Section 5A(1)?
Ans: Any person interested may object within thirty days after the issue of the notification under Section 5.

Q23. To whom must an objection under Section 5A(2) be made, and in what form?
Ans: Every objection shall be made to the Collector in writing.

Q25. What documents must the Collector submit to the Commissioner along with the case under Section 5A(2)?
Ans: The Collector must submit:

Q26. What is the legal status of the Commissioner’s decision on the objections under Section 5A(2)?
Ans: The decision of the Commissioner on the objections shall be final.

Q28. Who is deemed to be a “person interested” for the purpose of Section 5A according to sub-section (4)?
Ans: A person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.