Law: General Clauses Act, 1956

Section: 4

(a) West Pakistan General Clauses Act (VI of 1956), S. 4 Repeal-Does not affect pending proceedings under repealed law which can continue as if repealing Act not passed. Akhtar v. The State P L D 1961 Lab. 1049 ref. (b) West Pakistan Consolidation of Holdings Ordinance (VI of 1960) and West Pakistan Consolidation of Holdings Rules, 1960 ---Provisions do not cover proceedings undertaken under old law and to be completed under that law-Punjab Consolidation of Holdings Act (IV of 1936). Date of hearings 21st October 1971.                                                                                                         JUDGMENT Petitioner, Faiz Muhammad Khan, along with certain other land-owners of village "Bate Wasava Khanwala South", Tehsil Leiah, District Muzaffargarh, on 29-1-1942, filed an application under section 3 of the Punjab Consolidation of Holdings Act IV,. 1936, for consolidation of the land of the aforesaid village. The consolidation proceedings thereafter started, and the Consolida tion Scheme was approved on 22-8-1960, and was finalized on 12-9-1961 when the record was attested. 2. The point, in the present case, is about the assessment and realization of the consolidation fee to be charged from the: land-owners of the village. 3. Mr. Imam Bakhsh, Assistant Consolidation Officer is present with record along with Elahi Bakhsh Patwari. After verifying the record he has submitted that the actual cost which the Government had to incur on the consolidation was Rs. 23,240.00. However, the liability of the land-owners was fixed at the rate of Rs. 5 per cultivable acre, and Re. 1 for each uncultivable acre. In this way, the total cost which was to be recovered from the village was only Rs. 21,548,00 as against the real expenditure of Rs. 23,240.00. The short fall he submits, has to be borne and subsidized, if necessary, by the Government. The A. C. O. further states that this rate has…