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1977 5 the Khyber Pakhtunlhwa Public Property Removal of Encroachment Act 1977

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KP encroachment act 1977
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  1 | Page   THE 1 [KHYBER PAKHTUNKHWA] PUBLIC PROPERTY(REMOVAL OF ENCROACHMENT).ACT, 1977. 2 [KHYBER PAKHTUNKHWA]ACT,No. V. OF 1977. [23 rd  June, 1977.] CONTENTS PREAMBLE SECTIONS 1.   Short title, extent and commencement. 2.   Definitions. 3.   Removal of structures. 4.   Review. 5.   Eviction. 6.   Recovery of cost of demolition and removal of structures. 7.   Recovery of arrears of rent. 8.   Punishment. 9.   Cognizance of offence and mode of trial. 10.   Delegation of power. 11.   Bar of jurisdiction of abatement of suits. 12.   Tribunal. 13.   Exclusive jurisdiction. 14.   Procedure and powers of the Tribunal. 15.   Transfer. 16.   Indemnity. 17.   Power to make rules. 18.   Repeal. 1 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   2 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.  2 | Page   THE 1 [KHYBER PAKHTUNKHWA] PUBLIC PROPERTY (REMOVAL OF ENCROACHMENT).ACT, 1977. 2 [KHYBER PAKHTUNKHWA] ACT, No. V. OF 1977. [23 rd  June, 1977.] (First published after having received the assent of the Governor of the 3 [Khyber Pakhtunkhwa], in the Gazette of  4 [Khyber Pakhtunkhwa] (Extra-ordinary), dated 23rd June, 1977). AN ACT to provide for measures for removal of encroachment from public property.  WHEREAS it is expedient to provide for measures for removal of encroachment from public property and for matters ancillary thereto; Preamble . It is hereby enacted as follows:  —   1.   (1) This Act, may be called the [Khyber Pakhtunkhwa] Public Property (Removal of Encroachment) Act, 1977. Short title, extent and commence-ment.  (2) It extends to the whole of the 6 [Province of Khyber Pakhtunkhwa]. (3) It shall come into force at once. 2. In this Act, unless there in anything repugnant in the subject or context.__ Definitions.  (a)   “autonomous body”  means a board, corporation, institution, organization authority or other body established by Government, or which is incorporated under any Provincial law, and includes a University or Board of Intermediate and Secondary Education established under Provincial law; 1 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   2 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. 3 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   4 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   5 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   6 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.    3 | Page   (b)    building means a building or the part there of and the land appurtenant thereto; (c)   “ encroachment ”  means unauthorized occupation, temporary or  permanent, of public property; (d)   “ Government ”  means the Government of the 1 [Khyber Pakhtunkhwa]; (e)   “ land ”  includes land under water, well, foot-path, road, tunnel, culvert, nala, bridge and street; (f)   “ Local Council ”  means a council constituted under the 2 [Khyber Pakhtunkhwa]Local Government Ordinance, 1972 ( 3 [Khyber Pakhtunkhwa]Ord No. Ill of 1972), or any law relating to Local Government for the time being in force; (g)   “prescribed”  means prescribed by rules made under this Act; (h)   “public property”  means a building, land, place or premises, which vests in, or is in the possession or under the management or control of Government, Local Council, autonomous body, or such other authority; (i)   “ Tribunal ”  means a Tribunal constituted under section 12; (j)   “ unauthorized occupant ”  means a person who has made encroachment on, or is in occupation of, any public property without the express permission or authority of a competent authority and includes  —   (i)   a lessee or licencee who after the expiry of the period of lease or licence or on determination of such lease or licence, continues to remain in occupation of any public  property; (ii)   a person inducted into any public property by the lessee or licencee thereof; and 1 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   2 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.   3 Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011.    4 | Page   (iii)   every member of the lessee's or licencee's family who remains in occupation of any public property after the expiry of the period of lease or licence or after the determination of the lease or licence in respect of the same. 3. (1) If Government, or any authority or officer authorized by Government in this behalf, is satisfied that any person is an unauthorized occupant, it or he may, by order in writing, direct such person to vacate the  public, property and to remove the structure, if any, raised by him on the  public property, within such period as may be specified in the order; provided that such period shall not be less than three days. Removal of structures.  (2) The order under sub-section (I) may be served by  —   (a)   giving or tendering it to the unauthorized occupant or any adultmaleperson residing with him; or (b)   affixing it at a conspicuous place on or near the public property towhich it relates. 4. (1) Any person aggrieved by an order made under section 3 may, within seven days of the service thereof, prefer a review petition to Government or any authority or officer who has made such order. Review.  (2) Government or, as the case maybe, the authority or officer as aforesaid, may, after considering the review petition filed under sub-section (1) and after giving the petitioner or his duly authorized agent an opportunity of being heard, confirm, modify or vacate the order. 5. (1) If any person on whom order under sections has been served refuses or fails to vacate the public property or remove the structure raised thereon, within seven days of the date of service, of such order, or where a review  petition is filed against such order, within three days of the date of dismissal of such review petition, any officer authorized in this behalf by Government may, notwithstanding anything contained in any other law for the time being in force, enter upon such property by evicting such person and may also demolish and remove the structures, if any, erected or built by that person. Eviction.  (2) For the purpose of recovering possession of any public property under the provisions of sub-section (1), an officer authorized by Government in this behalf may use or cause to be used such force as may be necessary. (3) If any officer authorized to take action under sub-section (1). requires police assistance, he may send requisition to the officer-in-charge of a
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