PUNJAB LAND RECORDS AUTHORITY ORDINANCE 2016

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PUNJAB LAND RECORDS AUTHORITY ORDINANCE 2016

PUNJAB LAND RECORDS AUTHORITY ORDINANCE 2016 (XVIII of 2016)
[11th November, 2016]
An Ordinance

to provide for the establishment of the Punjab Land Records Authority for reform
and modernization of the system of land records.
It is necessary to establish the Punjab Land Records Authority to reform
and modernize the system of land records, to improve the land records service
delivery; to contribute to long lasting tenure security; and, to deal with ancillary
matters.
Provincial Assembly of the Punjab is not in session and Governor of the
Punjab is satisfied that circumstances exist which render it necessary to take
immediate action.
In exercise of the powers conferred under clause (1) of Article 128 of
Constitution of the Islamic Republic of Pakistan, Governor of the Punjab is
pleased to make and promulgate the following Ordinance:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.– (1) This Ordinance may be
cited as the Punjab Land Records Authority Ordinance 2016.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– (1) In this Ordinance:
(a) “Arazi Record Center” means an office, service center or facility
established or notified in terms of section 17 of the Ordinance;
(b) “Assistant Commissioner” means an officer of the Government
appointed as Assistant Commissioner under section 10 of the Punjab Land
Revenue Act, 1967 (XVII of 1967);
(c) “Assistant Director Land Records” means an employee of the
Authority designated as such at an Arazi Record Center and includes such other
employee as the Director General may designate to act as Assistant Director
Land Records;
(d) “Authority” means Punjab Land Records Authority established under
section 3 of the Ordinance;
(e) “Board” means the Board constituted under section 6 of the
Ordinance;
(f) “Board of Revenue” means Punjab Board of Revenue established
under the Punjab Board of Revenue Act, 1957 (XI of 1957);
(g) “Chairperson” means the Chairperson of the Board;
(h) “Commissioner” means an officer of the Government appointed as
Commissioner under section 8 of the Punjab Land Revenue Act, 1967 (XVII of
1967);
(i) “Director General” means a person appointed as Director General
under section 9 of the Ordinance;
(j) “District Collector” means an officer of the Government appointed as
the Collector of the District under section 8 of the Punjab Land Revenue Act, 1967
(XVII of 1967);
(k) “employee” means any person in the employment and service of the
Authority;
(l) “Fund” means the Punjab Land Records Authority Fund established
under section 21 of the Ordinance;
(m) “Government” means Government of the Punjab;
(n) “Land records” includes any information in electronic, digital or
computerized form in relation to land or buildings;
(o) “Land Record Officer” means an employee of the Authority
designated as such for an Arazi Record Center and includes such
other employee as the Director General may designate to act as
Land Record Officer;
(p) “member” means a member of the Board;
(q) “prescribed” means prescribed by the rules or regulations;
(r) “PMU” means the Project Management Unit, Land Records
Management and Information Systems, Board of Revenue, Punjab;
(s) “regulations” mean the regulations made under the Ordinance; and
(t) “rules” mean the rules made under the Ordinance.
(2) A word or expression used in the Ordinance but not defined shall
have the same meaning as assigned to it under the Punjab Land Revenue Act,
1967 (XVII of 1967) or the rules made under that Act.
CHAPTER II
PUNJAB LAND RECORDS AUTHORITY
3. The Authority.– (1) The Government shall, by notification, establish an
Authority to be called the Punjab Land Records Authority for carrying out
purposes of the Ordinance.
(2) The Authority shall be a body corporate, having perpetual
succession and a common seal, with power to enter into agreements, acquire and
hold property, both moveable and immoveable, and may, by the said name, sue
and be sued.
4. Principal Office.– The principal office of the Authority shall be at Lahore,
and it may establish regional offices at such other place or places in the Punjab as
it deems appropriate.
5. Functions of the Authority.– (1) The Authority shall:
(a) frame policies for implementing the Ordinance;
(b) manage, update and maintain land records;
(c) formulate strategies, policies and plans for the management of land
records;
(d) provide efficient and prompt services to the public;
(e) develop a human resource management system for effective discharge of
the functions under the Ordinance;
(f) advise the Government on matters relating to improvement and
modernization of land records management;
(g) manage technical cooperation and coordination with other Government
departments, including foreign organizations and international intergovernmental
organizations, on its own or on behalf of the Government;
(h) lay down the administrative, financial, legal and technical framework
including the information technology based land records management and
related services;
(i) recommend to the Government draft policies and procedures for
coordination with all other Government departments, including the Board of
Revenue, for smooth operation of the activities under the Ordinance;
(j) explore new revenue models and sources of revenue for provision of
services under the Ordinance;
(k) provide for the computerization of the record-of-rights or part thereof or any
other land related document, preparation of the computerized land record
and its maintenance, in respect of each estate, in collaboration with the
Board of Revenue;
(l) establish Arazi Record Centers, maintain and operate such Centres and
provide for monitoring the performance of Arazi Record Centers;
(m) co-ordinate with the Board of Revenue for preparation of computerized
land record of any area in respect of which no record-of-rights exist or the
existing records-of-rights require special revision;
(n) prescribe, receive, deposit, utilize and refund fees and charges;
(o) execute, administer and monitor contracts of any nature;
(p) pass its annual budget containing the estimated receipts and expenditures;
(q) appoint independent auditors to undertake the audit of accounts of the
Authority;
(r) enter into public private partnership arrangements for purposes of carrying
out any of its functions and activities;
(s) designate any place or facility for provision of land records or part
thereof; and
(t) perform such other functions as are incidental or
consequential to any of the aforesaid functions.
CHAPTER III
ADMINISTRATION OF AUTHORITY
6. The Board.– (1) The management and administration of the Authority shall
vest in the Board and the Board may perform functions of the Authority by itself or
through the employees of the Authority as may be prescribed.
(2) The Board shall consist of the Chairperson who shall be appointed
by the Chief Minister and the following members:
(a) Senior Member, Board of Revenue; Member
(b) Member (Taxes), Board of Revenue; Member
(c) all Commissioners; Members
(d) Director General; and Member
(e) five members to be nominated by
the Chief Minister; Members
(3) The Director General shall act as Secretary of the Board.
(4) The tenure of members, other than ex officio members, shall be
three years, unless sooner terminated under section 8 of the Ordinance.
(5) No act or proceeding of the Board shall be invalid by reason only of
the existence of a vacancy or defect in the constitution of the Board.
(6) The Chief Minister may alter or modify the composition of the Board.
7. Meetings of the Board.– (1) The meetings of the Board shall be presided
over by the Chairperson or in his absence by a member nominated by the
Chairperson, or if no such nomination is made, by a member elected for that
meeting by the members present.
(2) Seven members of the Board shall constitute the quorum for a
meeting of the Board.
(3) Subject to subsection (4), the meetings of the Board shall be held at
such time and place as the Chairperson may determine.
(4) The Director General shall call a meeting of the Board as and when
directed by the Chairperson or on a request in writing by at least one third of the
members of the Board or on receipt of any reference from the Government for
placing the matter before the Board.
(5) The Board shall take decision by majority of its members present
and voting and, in case of a tie, the person presiding the meeting shall have a
casting vote.
(6) The Director General shall maintain a record of the minutes of all the
meetings highlighting the proceedings and the decisions taken by the Board.
(7) The Director General shall submit the minutes of a meeting to the
person who presided that meeting for approval.
8. Removal of members.– (1) The Chief Minister may remove a member,
other than ex officio member, if he:
(a) is declared by the court as an insane person; or
(b) is found guilty of misconduct or found acting against the interest of
the Authority; or
(c) is convicted by a court on charges of corrupt practice, moral
turpitude or misuse of power or authority under any law; or
(d) is absent from three consecutive meetings of the Board and is
unable to justify his absence; or
(e) is recommended to be removed by at least three fourth of the total
members of the Board.
(2) A member may resign by tendering resignation in writing to the
Board.
9. Director General.– (1) There shall be a Director General of the Authority
who shall be appointed by the Chief Minister.
(2) The Director General shall, unless sooner removed or repatriated in
the prescribed manner, hold office for three years or for such further period as the
Chief Minister may, on the recommendations of the Board, determine.
(3) The Director General shall be paid such remuneration and
allowances and shall be entitled to such privileges and facilities as the Board may
determine but which shall not be less favourable than his emoluments in the basic
pay scale prior to his appointment, and the same shall not be varied to his
disadvantage during his term of office.
(4) The Director General shall be the Chief Executive Officer of the
Authority and shall be responsible for the day to day administration of the affairs
of the Authority and shall exercise such powers and functions as may be
prescribed or assigned to him by the Authority.
10. Appointment of officers and staff.– (1) The Authority may appoint such
employees as it considers necessary for the performance of its functions on such
terms and conditions as may be prescribed.
(2) Subject to the terms and conditions of appointment, the Authority
may, at any time, terminate the services of an employee by serving thirty days’
prior notice or on payment of thirty days salary in lieu of the notice.
11. Appointment by transfer.– (1) The Government may, on the request of
the Authority, transfer the services of an employee to the Authority on the terms
and conditions which shall not be less favourable than those admissible to him
immediately before his transfer to the Authority.
(2) An employee transferred under subsection (1) shall continue to be
the employee of the Government, liable to be transferred back to the Government
unless, with the consent of the employee and approval of the Government, he is
absorbed in the service of the Authority in such manner and on such terms and
conditions as may be prescribed.
12. Delegation.– The Board may, on such conditions and limitations as it may
deem fit to impose, delegate any of the functions or powers of the Authority to a
member, the Director General, or any of the employees of the Authority except the
power to:
(a) approve audited accounts of the Authority;
(b) make, amend or repeal Regulations;
(c) recommend the proposed rules;
(d) approve the annual budget;
(e) determine the terms and conditions of service of the Director
General and other employees of the Authority; and
(f) appoint Directors and Additional Directors.
13. Assignment of functions.– The Authority may assign such functions and
responsibilities to the Commissioners, District Collectors and Assistant
Commissioners as it may deem necessary to fulfill the purposes of this Ordinance.
CHAPTER IV
LAND RECORDS AND ARAZI RECORD CENTERS
14. Preparation of land record.– The Authority shall, in the prescribed
manner, prepare, amend and keep the land record.
15. Documents included in land records.– The Authority shall specify the
documents forming part of record-of-rights which are to be computerized, and
such computerization shall be done in such form and manner as may be
prescribed.
16. Presumption in favour of land records.– The land records including the
computerized land records managed and maintained by the Authority shall be
presumed to be true until the contrary is proved or a new entry lawfully substituted
thereof.
17. Arazi Record Centres.– (1) The Authority shall establish one or more
Arazi Record Centres in each tehsil and may also designate any place or facility
notified as such to provide such services as my be prescribed.
(2) The Authority may establish offices or deploy human resource for
the transmission of land records maintained by any other body established under
law.
18. Mutation Fee and Charges.– (1) The Authority may levy such fee or
charges for provision of services as may be prescribed.
(2) The Authority may collect on behalf of the Government, authorities
or other entities, such fee and charges as may be prescribed and shall transfer
the amount so recovered to the Government, or as the case may be to the
authorities or other entities.
CHAPTER V
APPEAL, REVIEW AND REVISION
19. Appeal, Review and Revision. The provisions of Chapter XIII of the
Punjab Land Revenue Act, 1967 shall mutatis mutandis apply to an appeal,
review or revision filed in respect of the Land Records prepared under this
Ordinance.
20. Correction and Updation of the Land Records.– Any correction or
updation required to be incorporated in the Land Records shall be made and
incorporated under the orders of relevant authorities and in the manner provided
under different enactments, rules and regulations relating to the correction and
updation of the land records promulgated, approved and issued by the Competent
Authorities as envisaged under the relevant provisions of the law, rules and
regulations related to Land Records.
CHAPTER VI
FINANCIAL PROVISIONS
21. Fund.– (1) The Authority shall establish a Fund to be known as the Punjab
Land Records Authority Fund which shall vest in the Authority.
(2) The Fund shall consist of:
(a) budgetary releases from the Government;
(b) grants made by the Government;
(c) moneys received from the Federal Government or any other agency
by way of grants;
(d) donations by persons or association of persons;
(e) fees or charges collected and profits earned by the Authority;
(f) all other sums which may in any manner become payable to or
vested in the Authority; and
(g) revenue from any other source.
(3) The Authority shall keep, maintain and spend the Fund in the
prescribed manner.
(4) In case of any surplus amount in the Fund, the Board may invest
any amount in such manner as may be prescribed.
22. Budget.– The Director General shall prepare or cause to be prepared the
annual budget consisting of the expected income and expense for the ensuing
financial year and submit it to the Board, in such form and manner as may be
prescribed, for approval.
23. Accounts and Audit.– (1) The Authority shall maintain proper accounts
and other records relating to its financial affairs including, its income and
expenditure and its assets and liabilities in such form and manner as may be
prescribed.
(2) After the end of a financial year, the Authority shall prepare the
statements of account which shall include a balance-sheet and an account of
income and expenditure during the last financial year.
(3) The Authority shall maintain on regular basis a list of all its assets till
the date of closing of the financial year.
(4) The Auditor General of Pakistan shall annually audit the accounts of
the Authority.
(5) The Government may, in addition to the audit under subsection (4),
cause the accounts of the Authority to be annually audited by a Chartered
Accountant or a firm of Chartered Accountants and, at any time, appoint a
Chartered Accountant or a firm of Chartered Accountants, to conduct an
additional external audit of the accounts of the Authority and submit its report to
the Government.
(6) The Authority shall produce all books of accounts and documents
and furnish such explanation and information as an auditor may require for
purposes of audit.
24. Bank Accounts.– The Authority may open and maintain its accounts in a
scheduled bank as may be prescribed, and until so prescribed, as the Authority
may determine.
CHAPTER VII
MISCELLANEOUS
25. Public servants.– The Chairperson, members, Director General,
Additional Directors General, employees and other persons authorized to perform
any function under the Ordinance or render services to the Authority as agents,
advisors or consultants shall be deemed to be public servants within the
meanings of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
26. Indemnity.– No prosecution, suit or other legal proceeding shall lie against
the Authority, Chairperson, members, Director General, employees and other
persons authorized to perform any function under the Ordinance or render
services to the Authority as agents, advisors or consultants for anything done in
good faith for carrying out the purposes of the Ordinance, rules or regulations.
27. Directions by the Government.– The Government may, from time to time,
give such directions relating to policy matters to the Authority and the Authority
shall implement the directions.
28. Ordinance to override other laws.– The provisions of the Ordinance shall
have effect notwithstanding anything to the contrary contained in any other law.
29. Rules.– The Government may, by notification in the official Gazette, make
rules for carrying out the purposes of the Ordinance.
30. Regulations.– Subject to the Ordinance and the rules, the Authority may
frame regulations to give effect to the provisions of the Ordinance.
31. Succession.– (1) On notification of the Authority;
(a) All assets and properties in possession of the PMU shall stand
transferred to the Authority;
(b) All the Arazi Record Centers established for the land records by the
PMU shall be deemed to have been established as Arazi Record
Centers under the Ordinance;
(c) The land records prepared and maintained by the PMU shall be
deemed to have been prepared and maintained under the
Ordinance;
(d) all suits and other legal proceedings instituted by or against the
PMU before its dissolution shall be deemed to be suits and
proceedings by or against the Authority; and
(e) notwithstanding anything contained in any other law or policy for the
time being in force, all persons presently working in the PMU and at
all Arazi Record Centers shall be deemed to be the employees of
the Authority on the terms and conditions contained in their
contracts, and shall be adjusted against positions created in the
Authority, in the manner prescribed; and
(f) Assistant Director Land Records and Land Records Officer
sanctioned in the Directorate of Land Records, Punjab shall stand
transferred to the Authority on the same terms and conditions as
envisaged in their contracts and shall be deemed to be adjusted
against the positions created in the Authority and shall be eligible for
all benefits in Authority available for similar or equal posts in the
manner prescribed by the Rules.
(2) All orders, notifications, instructions or standard operating
procedures in force pertaining to or in any way concerned with or affecting the
PMU immediately before the establishment of the Authority, shall, so far as they
are not inconsistent with any of the provisions of the Ordinance, continue to be in
force until superseded by the rules or regulations.
(3) Notwithstanding the provisions of Punjab Rented Premises Act,
2009 (VII of 2009), all the immoveable properties including any site or building
obtained on rent for purposes of the PMU shall be deemed to have been obtained
in the name of the Authority, and the Authority shall be deemed to be the tenant of
such premises and shall be liable to make payment of the agreed rent in terms of
the relevant agreement.
32. Removal of difficulties.– If any difficulty arises in giving effect to or
applying the provisions of the Ordinance or the rules, the Government may, within
two years, make such order, not inconsistent with the Ordinance or the rules, as
may be necessary for removal of such difficulty.

Source: http://www.punjabcode.punjab.gov.pk/

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