Reviews of Acts
1.Punabj Environemnt Protection Act 1997 both
The Pakistan Environmental Protection Act 1997 (XXXIV of 1997)
The Pakistan Environmental Protection Act 1997 (the PEPA 1997) was promulgated for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and for the promotion of sustainable development. The PEPA 1997 conserve environment with the command of prohibition. The Pakistan Environmental Protection Agency was established as a regulator to control pollution in all four provinces of the Pakistan. Earlier to this PEPA 1997, the Pakistan Environment Protection Ordinance 1983 (the PEPO 1983) was passed to protect environment but said PEPO was repealed after promulgation of PEPA 1997. Although, Shehla Zia VS. WAPDA ect. case (PLD 1994 SC 693) was the landmark case in the history of environment laying foundation of the actions to be taken to conserve environment and after this case the environmental jurisprudence has gone to its double pace but still the PEPA 1997 was considered to be the first legislation in Pakistan to strictly adhere to the environmental concerns. The PEPA 1997 has expressly addressed the adverse environmental effects with the restraining command. The Environment Protection Council and the Environment Protection Agency was constituted, the Federal Tribunal was established and the offences committed in violation of provisions of the PEPA 1997 were tried and the offenders were punished accordingly. So, in Pakistan this was the incredible origin to conserve and rehabilitate the environment.
The Punjab Environment Protection Act 1997 (the PEPA 1997:
After 18th Amendment, the subject of Environment was devolved upon the provinces and Provinces through this amendment were conferred power to make legislation on the subject. The Province of Punjab like the other provinces promulgated the Punjab Environment Protection Act 1997 (amended in 2012) (the PEPA 1997) with certain amendments in the PEPA 1997 and the Punjab Environment Protection Agency was established as a regulator like in the other provinces of the Country. The Punjab adopted the PEPA 1997 and the Provincial Environmental Tribunal under section 20 of the PEPA 1997 was established to address complaint filed under section 21 of the Act ibid against the offenders.
PEPA 1997 has defined the Pollution, the adverse environmental effects and bio diversity to address violation caused due to deliberate act of the person including the government agencies too.
Section 3 provides the Establishment of the Punjab Environmental Protection Council which the Government, by notification in the official Gazette, has established and section 4 deals with the functions and powers of the Council which shall– (a) co-ordinate and supervise enforcement of the provisions of PEPA 1997 (b) approve comprehensive national environmental policies and ensure their implementation within the framework of a national conservation strategy as may be approved by the Government from time to time; (c) approve the Punjab Environmental Quality Standards; (d) provide guidelines for the protection and conservation of species, habitats, and biodiversity in general, and for the conservation of renewable and non-renewable resources; (e) coordinate integration of the principles and concerns of sustainable development into national development plans and policies; and (f) consider the Punjab Environment Report and give appropriate directions thereon. (2) The Council may, either itself or on the request of any person or organisation, direct the Provincial Agency or any Government Agency to prepare, submit, promote or implement projects for the protection, conservation, rehabilitation and improvement of the environment, the prevention and control of pollution, and the sustainable development of resources, or to undertake research in any specified aspect of environment.
Section 5 established the Provincial Environmental Protection Agency. The Agency has to exercise its powers and perform the functions under (Section 6 & 7) assigned to it under this Act, the rules and the regulations. The Provincial Agency shall be headed by a Director General, who shall be appointed by the Government on such terms and conditions as it may determine. (3) The Provincial Agency shall have such administrative, technical and legal staff as the Government may specify, to be appointed in accordance with such procedure as may be prescribed. The Provincial Agency may– (a) lease, purchase, acquire, own, hold, improve, use or otherwise deal in and with any property both movable and immovable; (b) sell, convey, mortgage, pledge, exchange or otherwise dispose of its property and assets; (c) fix and realize fees, rates and charges for rendering any service or providing any facility information or data under this Act or the rules and regulations made thereunder; (d) enter into the contracts, execute instruments, incur liabilities and do all acts or things necessary for proper management and conduct of its business; (e) appoint with the approval of the Government and in accordance with such procedures as may be prescribed, such advisers, experts and consultants as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit; (f) summon and enforce the attendance of any person and require him to supply any information or document needed for the conduct of any enquiry or investigation into any environmental issue; (g) enter and inspect and under the authority of a search warrant issued by the Environmental Tribunal or Environmental Magistrate, search at any reasonable time, any land, building, premises, vehicle or vessel or other place where or in which, there are reasonable grounds to believe that an offence under this Act has been or is being committed etc.
Section 9 provides the Establishment of the Provincial Sustainable Development Fund and Section 10 deals with the Management of the Provincial Sustainable Development Fund which shall be managed by a Board known as the Provincial Sustainable Development Fund Board consisting of– (i) Chairman, Planning and Development Board; Chairperson (ii) Such officers of the Government, not exceeding six, as the Government may appoint including Secretaries incharge of the Finance, Industries and Environment Departments; Members (iii) such non-official persons not exceeding ten as the Government may appoint including representatives of the Chamber of Commerce and Industry, non-governmental organizations and major donors; and Members (iv) Director General of the Provincial Agency. Member/Secretary (2) In accordance with such procedure and such criteria as may be prescribed.
Provisions of Section 11 & 12 are the main provisions around which the entire statute revolves. All violations in shape of discharge or emission above the prescribed limits and environmental approval are dealt with under these provisions. Section 11 postulates that subject to the provisions of this Act and the rules and regulations made there under no person shall discharge or emit or allow the discharge or emission of any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of the Punjab Environmental Quality Standards or, where applicable, the standards established under sub-clause (i) of clause (g) of subsection (1) of section 6. (2) The Government may levy a pollution charge on any person who contravenes or fails to comply with the provisions of sub-section (1), to be calculated at such rate, and collected in accordance with such procedure as may be prescribed. (3) Any person who pays the pollution charge levied under sub-section (2) shall not be charged with an offence with respect to that contravention or failure.
Section 12 regulates the environmental approval cases and the Agency is competent to grant such approval under certain terms and conditions keeping in view the nature of projects and environmental degradation. Section 12 states that No proponent of a project shall commence construction or operation unless he has filed with the Provincial Agency an initial environmental examination or where the project is likely to cause an adverse environmental effect, an environmental impact assessment, and has obtained from the Provincial Agency approval in respect thereof. (2) The Provincial Agency shall– (a) review the initial environmental examination and accord its approval, or require submission of an environmental impact assessment by the proponent; or (b) review the environmental impact assessment and accord its approval subject to such conditions as it may deem fit to impose, or require that the environmental impact assessment be re-submitted after such modifications as may be stipulated, or reject the project as being contrary to environmental objectives. (3) Every review of an environmental impact assessment shall be carried out with public participation with other procedural requirements.
2015 S C M R 1739 “LAHORE DEVELOPMENT AUTHORITY through D.-G. and others Versus Ms. IMRANA TIWANA and others”
Pakistan Environmental Protection Agency, Review of Initial Environmental Examination and Environmental Impact Assessment Regulation 2000, Schedule II, Part D, Serial No.2…Constitution of Pakistan, Article 9, 14, 17 & 25….Signal Free Corridor Project proposed and initiated by Lahore Development Authority…..Environmental Impact Assessment…High Court set aside the EIA approval for the project in question by declaring that the same was granted by Director General, Environmental Protection Agency in violation of certain fundamental Rights of the citizenry besides being offensive to the environmental justice and due process protected under the Constitution……Validity….Section 5 (6) of the Punjab Environmental Protection Act 1997 imposed a mandatory duty on the Provincial Government Agency to constitute Advisory Committee under the said Act… Said Committee was meant to assist the Environmental Protection Agency in evaluating the environmental impact of projects under consideration…Failure by the Provincial Government to constitute the said Committee in the present case violated its statutory duty….Environmental Impact Assessment for the project in question could be struck down for such failure of the Provincial Government, however in the present case, the project in question did not require Environmental Impact Assessment approval because as per entry at Serial No.2 of Part-D of Schedule-II of the Pakistan Environmental Protection Agency (Review of IEE & EIA) Regulation, 2000 projects for rebuilding or reconstruction of existing roads did not require an Environment Impact Assessment…Even otherwise impugned Judgment of High Court had not recorded any objection to the EIA approval on merits, nor had the petitioner (before the High Court) highlighted any objection that had remained unattended any yet was fatal to the EIA approval…Moreover, the PEPA 1997 provided an appeal to the Environmental Tribunal and a second appeal to the a Division Bench of the High Court…Neither of these remedies have been availed before filing Constitutional Petition before the High Court…Environmental Impact Assessment approval could not be struck down in the present case upon mere presumption or apprehension….Appeal was partly allowed accordingly.
2006 SCMR 1202, SHERI-CBE and others Vs. Lahore Development Authority and other
Construction of Complex….Dispute was with regard to construction of complex in a residential area over an amenity plot….Contention of the Petitioner was that the complex in question involved construction of a huge building with an initial estimated cost of Rs.1500 million, which involved use of roads in a residential locality by a large number of additional persons and vehicles visiting the complex which also involved a change in land use, fell within the purview of project as defined by Ss.2(xxxv) of Pakistan Environmental Protection Act, 1997, and in view of provisions of Ss.12 of the Pakistan Environmental Protection Act, 1997, the very commencement of its construction without filing an initial environmental examination with the Agency and without its approval regarding the environmental impact assessment, was grossly illegal and was even a culpable offence under the Pakistan Environmental Protection Act, 1997…Leave to appeal was granted by Supreme Court to consider the contention raised by the petitioner.
Section 16 relates to the issuance of Environmental Protection Order by the Agency after giving opportunity of hearing and directions to take mitigation measure within the time frame given by the Agency. In case of non-compliance and violation of the section 11, 12 & 16 the Agency is competent is file complaint for violation of Section 17 of the PEPA before the Environmental Protection Tribunal constituted under section 20 (and jurisdiction to exercise under section 21) of the PEPA 1997 to address violation.
Section 22 envisages the filing of appeal by the aggrieved person from the order passed by the Agency within 30 days’ time period under the special law jurisdiction.
Section 31 empowers the Provincial Government to make rules for carrying out the purposes of PEPA 1997 including rules for implementing the Punjab Environmental Protection (Amendment) Act 2012 (XXXV of 2012), the provisions of the international environmental agreements, specified in the Schedule to PEPA 1997. Section 32 deals with Power to amend the Schedule and Section 33 relates to Power to make regulations.
2. Forest Act 1927
THE FOREST ACT, 1927 (Act XVI of 1927)
The Forest Act 1927 (the “Act 1927”) has been promulgated to conserve forest and to increase the forest cover to reach the minimum satisfactory standards necessary for a balanced economy and to avoid drastic reduction in forest cover in Pakistan particularly in Punjab and to strategies the demand and need of the hour in changing climate.
The preamble of the Act 1927 postulates the reasons to promulgate Act, is to consolidate the laws relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce.
PLD 2019 Lahore 664
Sheik Asim Farooq Vs. Federation of Pakistan
Current situation of increasing deforestration in the province of Punjab and Pakistan and its advers impact on environment, people, animal species and flora and fauna.
Deforestation in Pakistan….Protection of forests….Urban forestation…Plantation of tree in the urban areas including housing societies, educational institutions, hospitals, roads, streets, green belts, markets, parks and car parks. Directions issued by the High Court to Federal and Provincial government departments and local authorities to safely manage, conserve, sustain, maintain, protect and grow forests and plant trees in urban cities stated.
2015 SCMR 1520 Supreme Court, (Lahore Bachao Tehrik Vs. Dr. Iqbal Muhammad Chauhan and another
Traffic congestion problems and bottlenecks on the Lahore Canal Bank Road….Further widening / construction activities on the Canal Road proposed by the provincial government….permission granted by the Supreme Court for such construction activities for the good of the public…permission conditional upon minimal intrusion……..Recommendations made by the Mediation Committee showed that it was fully conscious of the traffic problems along certain sector of the canal road and envisioned works in such sector in the future. Traffic congestion on the canal road was against the public goods as considerable resist residential localities were present around the area. Addition of a third road lane, in such circumstances, was the only solution to the problems of traffic congestion provided there was a minimum environmental intrusion and the area around the canal road was duly protected, addition of a third lane would significantly benefit the people of the city by enabling smooth flow of traffic.
RESERVED FOREST
Chapter II of the Act 1927 deals with the Reserved Forests reflecting definition of forest as “a forest notified as reserved forest under the Act” and forest land as “a piece of land notified by the Government as the forest land to develop, protect and conserve forest and includes a rangeland and wasteland”. Section 3 & 4 postulates the powers of the government and the issuance of the Notification of reserved forest by declaring that it has been decided to constitute such land a reserved forest by appointing an officer “the Forest Settlement-officer” to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this Chapter. (a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and (b) specifying, as nearly as possible, the situation and limits of such land; and Explanation– For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, bridges or other well-known or readily intelligible boundaries.
Section 5 envisages the bar of accrual of forest-rights to any person except by succession or under a grant or contract in writing made or enter into by or on behalf of the Government so some person in whom such was vested when the notification was issued. Section 7 deals with the Powers of the Forest Officer and section 11 deals with the power to acquire land over which right is claimed other than a right-of-way or right of pasture, or a right to forest-produce or a water-course, the Forest Settlement officer shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either– (i) exclude such land from the limits of the proposed forest; or (ii) come to an agreement with the owner thereof for the surrender of his rights; or (iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894. (3) For the purpose of so acquiring such land– (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act; (c) the provisions of the preceding sections of that Act shall be deemed to have been complied with; and (d) the District Officer (Revenue)], with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money.
Section 17 deal with the right of appeal from the order passed under section 11, 12, 15 or 16 whereas section 26 of the Act 1927 impose penalties and punishment in violation of the provision of the Act 1927.
Section 27 of the Act 1927 is vital section dealing with the situation as how to declare forest as no longer a reserved forest stating as (1) The Government shall not declare or notify a reserved forest or any part of the reserved forest as being no longer reserved forest. (2) The Government shall not allow change in land use of a reserved forest, except for the purposes of right of way, building of roads and development of a forest park, but the Government shall not allow construction of concrete building or permanent structure in the reserved forest. (ii) in a compact form and is, as far as possible, situated close to the reserved forest land; and (c) provide funds for immediate forestation and maintenance of the substitute land as may be prescribed. (4) The Government shall, by notification, declare the substitute land provided under subsection (3) as the reserved forest.
VILLAGE-FORESTS
Chapter III of Act 1927 stipulates the Village Forests. Section 28 empowers the formation of Village Forest which the Government may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests. The Government is further competent to make rules for management of a village-forest, conditions under which the village community may use the forest produce other than timber and pasture and duties of the village community for the protection and improvement of the forest and all the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests.
UN-CLASSED FORESTS
The Government is empowered to declare through notification a wasteland, not being a reserved forest or protected forest, as unclassed forest pursuant to section 28-A of the Act 1927. The Government may, also declare through notification that all or any provisions of this Act relating to a reserved forest or protected forest, shall apply to an unclassed forest and may make rules for management of an unclassed forest.
PROTECTED FORESTS
Chapter IV of Act 1927 enshrines provisions pertaining to the Protected Forest. Section 29 postulates that The Government may, by notification in the official Gazette, declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in a reserved forest, but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled. (2) The forest-land and waste-lands comprised in any such notification shall be called a “protected forest”. (3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the Government thinks sufficient. Every Such record shall be presumed to be correct until the contrary is proved: Provided that, if, in the case of any forest-land or wasteland, the Government thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the meantime to endanger the rights of Government, the Government may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities.
Section 30 & 32 deals with the powers of the Government to issue notification regarding reserving trees etc. and to make rules for protected forests whereas the provision of section 33 relates to the punishments for the commission of offences pertaining to the protected forests ranging from fine Rs. 1000 to 500,000/- and punishment till 6 months or both.
POWER TO DECLARE FOREST NO LONGER PROTECTED
Section 34-A empowers Government to declare protected forest as no longer protected by stating that The Government shall not declare or notify a protected forest or any part of the protected forest as being no longer protected forest. The Government shall not allow change in land use of a protected forest, except for the purposes of right of way, building of roads and development of a forest park, but the Government shall not allow construction of concrete building or permanent structure in the protected forest. The Government shall, by notification, declare the substitute land provided thereunder as the protected forest.
PROTECTION OF FORESTS AT REQUEST OF OWNERS
Chapter V deals with the control over forests and lands not being the property of Government including Section 38 which envisages that Protection of forests at request of owners: The owner of any land or, if there be more than one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof may, with a view to the formation or conservation of forests thereon, represent in writing to the District Officer (Revenue) their desire that such land be managed on their behalf by the Forest-officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or that all or any of the provisions of this Act be applied to such land. In either case, the Government may, by notification in the official Gazette, apply to such land such provisions of this Act, as it thinks suitable to the circumstances thereof and as may be desired by the applicants.
Chapter VI of the Act 1927 pertains to the duty on timber and other forest produce, Chapter VII of the Act states control of timber and other forest produce in transit and Chapter VIII enshrine provisions relating to Collection of drift and stranded timber. The Chapter IX deals with the Penalties and procedure for seizer of property liable to confiscation in case of violation of provisions of this Act, power to release property, appeal (Sec. 59) from the order under section 55, 56, or 57.
ADDITIONAL POWERS TO MAKE RULES:
The Government is empowered under section 76 of the Act 1927 to frame rules to prescribe and limit the powers and duties of any Forest-officer under this Act; to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act; for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and generally to carry out the provisions of this Act.
3.Land Acqusition Act 1894
THE LAND ACQUISITION ACT, 1894 (Act I of 1894)
The Land Acquisition Act, 1894 (the “Act 1894”) has been promulgated for the acquisition of land needed for the public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition.
Section 4 of the Act 1894 deals with publication of the preliminary notification and powers of officers so conferred. When it appears to the Collector of the District that the land is needed for the public purposes a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.
Section 5 postulates the publication of Notification that particular land is needed for a public purpose or for a Company. When the land is required for a public purpose, the [Commissioner], and where land is to be acquired for a Company, the Provincial Government, is satisfied, after considering the result of the survey, if any, made under sub-section (2) of section 4, or if no survey is necessary, at any time, that any particular land included in a locality notified under sub-section (1) of section 4 is needed for a public purpose or a Company, as the case may be, a notification to that effect shall be published in the official Gazette, stating the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area and situation, and where a plan has been made of the land, the place where such plan may be inspected, and 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. Section 5-A deals with the hearing of objections on the land which is subject matter of acquisition and Section 6 pertain to declaration that land is required for a public purpose.
Section 7 empowers Collector to take order for acquisition after declaration when the land so declared to be needed for public purposes or for a company. Under section 8 direction has been given that the Collector shall thereupon cause the land (unless it has been already marked out under section 4) to be marked out. He shall also cause it to be measured, and if no plan has been made thereof, a plan to be made of the same. Section 9 deals with Notice to persons so interested. Section 10 postulates Power to require and enforce the making of statements as to names and interests. Section 11 deals with the Enquiry into measurements, value and claims and award by the Collector (under section 12) when to be final. Section 12-A correct any mistake clerical or arithmetical.
Section 14 enshrined Power to summon and enforce attendance of witnesses and production of documents. Section 15 states matters to be considered and neglected in determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24. Section 16 regulates the taking over possession of the acquired land.
Section 23 directs matters to be considered in determining compensation. In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration–first, the market-value of the land at the date of the publication of the notification under section 4, sub-section. For the purpose of determining the market-value, the Court shall take into account transfer of land similarly situated and in similar use. The potential-value of the land to be acquired if put to a different use shall only be taken into consideration if it is proved that land similarly situated and previously in similar use has, before the date of the notification under sub-section (1) of section 4, been transferred with a view to being put to the use relied upon as affecting the potential value of the land to be acquired Provided that if the market-value has been increased in consequence of the land being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market-value shall be deemed to be the market-value of the land if it were put to ordinary use; and if the market-value of any building has been increased in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market-value shall be deemed to be the market-value of the building if occupied by such number of persons only as can be accommodated in it without risk of danger to health from overcrowding. secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof, thirdly, the damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land. In addition to the market-value of the land as above provided, the Court shall award a sum of fifteen per centum on such market-value, in consideration of the compulsory nature of the acquisition, if the acquisition has been made for a public purpose and a sum of twenty-five per centum on such market-value if the acquisition has been made for a Company.
Section 24 states matters to be neglected in determining compensation. Section 25 deals with the Rules as to amount of compensation. Section 27 relates to cost by stating that every such award shall also state the amount of costs incurred in the Proceedings under this part, and by what persons and in what proportions they are to be paid. When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector’s costs.
Section 29 deals with particulars of apportionment to be specified. Section 30 deals with dispute as to apportionment. Section 31 deals with the payment of compensation or deposit of the same in Court and Section 38 empower that Company may be authorized to enter and survey. Section 39 deals with the previous consent of Commissioner and execution of agreement necessary.
Section 41 provides Agreement with Provincial Government.– If the Commissioner is satisfied after considering the report, if any, of the Collector under section 5-A, sub-section (2), or on the report of the officer making an inquiry under section 40 that the object of the proposed in acquisition is to obtain land for one of the purposes referred to clause (a) or clause (aa) or clause (b) of sub-section (1) of section 40] [he] shall require the Company to enter into an agreement with the Provincial Government, providing to the satisfaction of the Provincial Government for the matter duly mentioned there and every such agreement shall, as soon as may be after its execution, be published under Section 42 of the Act ibid in the official Gazette and the acquisition shall be deemed to have been made subject to the terms of such agreement.
Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies and Section 43-A deals with the restriction on transfer etc. by imposing ban. Section 44 deals that how agreement with Railway Company may be proved by production of a printed copy thereof purporting to be printed by order of Government.
Section 46 provides Penalty for obstructing acquisition of land. Section 47 empowers Magistrate to enforce surrender and section 48 states that Completion of acquisition not compulsory, but compensation to be awarded when not completed.
Section 50 postulates that the acquisition of land at cost of a local authority or Company. Section 51 exempt from stamp duty and fees and section 52 immunes person for any action against any suit, proceeding etc.
The Act 1894 provides that the Code of Civil Procedure has to apply to proceedings before Court under section 53 whereas the section 54 provides procedure for appeal in proceeding before court. Section 55 empower Government to make rules consistent with this Act for guidance of officers in all matters connected with its enforcement and may from time to time alter and add to the rules so made.
4.Water Act 2019
THE PUNJAB WATER ACT 2019
(ACT XXI OF 2019)
[13th December 2019]
The Government of Punjab has promulgated the “Punjab Water Act 2019” (Act xxi of 2019) (the “Water Act 2019”) to comprehensively manage and regulate water resources in the Punjab for the purposes of conservation and sustainability in these resources. This was a vital effort made after the tremendous pressure from the community as well as outcome of pending litigations in the Lahore High Court, Lahore where the matters were discussed and good efforts were made by the Hon’ble Lahore High Court, Lahore to recommend drastic steps to conserve this natural resource which the need of hours since these resources were depleted or even were left without taking into account.
The Water Act has provided the scheme to work for the “conservation of water resources” by establishing the Punjab Water Resources Commission (the “Water Commission”) in terms of Section 3 of the Act ibid which the Act says shall comprises of Chief Minister as Chairperson of the Commission including Minister for Irrigation as Co-Chairperson and about 19 members body which comprises mostly of minsters representing different departments of the Government of the Punjab.
The Powers and duties of the Water Commission are varies ranging from conserving, redistributing or otherwise augmenting water resources in the Punjab; allocating water resources for domestic, agricultural, ecological, industrial or other purposes in different areas of the Punjab; and of securing the proper use of water resources in the Punjab. Apart from that the Water Commission shall also maintain, improve and develop wildlife and fisheries in bodies of water from which water is drawn or into which it is discharged; establish an Advisory Committee, having such composition as may be prescribed, for advising it on maintenance and development of water resources, wildlife, fisheries, flora and fauna. The Water Commission is also empowered to determine its own procedure subject to provisions of the Act and the rules framed thereunder.
The Water Act provides the Water Commission to meet at least once every six months to determine the allocation of water for domestic, agricultural, industrial, ecological and other purposes with minimum quorum for a meeting of twelve members out of which at least three members shall be the experts. Moreover, there shall be the Director General who shall be responsible for the due discharge of the functions of the Commission under this Act.
As per Section 7 of the Water Act, the Government shall establish “Punjab Water Services Regulatory Authority” (the “Water Services Authority”) for the purposes of carrying out the functions conferred on it by the Act or by any other law for the time being in force. The Water Services Authority shall comprise of Chief Secretary Punjab as Chairperson with almost 9 members who are secretaries of the different departments to perform functions of the Authority ibid.
Section 8 of the Water Act postulates duties and powers of the Authority who shall ensure that the undertakers discharge their duties and perform their functions in accordance with the Act or the Authority can revise tariffs set by water and sewerage undertakers while exercising powers etc. whereas section 9 deals with the appointment of Director General of the Authority and section 10 pertains to Water Undertakers and Sewerage Undertakers which shall be appointed by the Commission either be a company or local government or a statutory authority for the assigned area, if permission is required from the relevant local government to do so. Section 11 deals with the enforcement of orders while dispensing with the services and consequences of non-compliances.
Chapter v deals with the water supply to the premises for domestic, industrial and public purposes by water undertakers for which such undertaker shall develop and maintain an efficient and economical system of water supply with constancy, pressure and good quality within its area and to ensure that all such arrangements have been made for providing supplies of water to premises in that area and for making such supplies available to persons who demand them; and for maintaining, improving and extending the water mains and other pipes. Moreover, the Water Undertaker has powers to disconnect service pipes and cut off supplies after due service of notice where the demand so arise.
Water unfit for human consumption has been addressed in the Act under section 22 where upon such complaint the Water undertaker shall be guilty of an offence and is liable, upon conviction, to a fine which may extend to rupee five hundred thousand. Upon such failure to stop supply of such unfit water, the person shall be guilty of an offence and liable, upon conviction, to a fine which may extend to rupees fifty thousand or imprisonment which may extend to three months or both.
The Act too placed penalty in shape of punishment upon the owner or occupier of any premises to which a supply of water is provided by a water undertaker, intentionally or negligently, causes or suffers any water fitting for which he is responsible to be or remains so out of order, so in need of repair or so constructed or adapted or to be used or contaminate water by return of any substance from those premises to that main or pipe or water is likely to be contaminated before it is used, or is wasted, misused or unduly consumed shall be guilty of an offence and liable, upon conviction, to a fine not exceeding rupees one hundred thousand. And in this regard, any person who uses any water supplied to any premises by a water undertaker for a purpose other than the one for which it is supplied shall, unless the other purpose is the extinguishment of fire, be guilty of an offence and liable, upon conviction, to a fine not exceeding rupees two hundred thousand.
Section 28 provides standards of wholesomeness of water which needs to be fit for the purposes and the Commission is competent to frame regulations for the purposes of determining the wholesomeness of water.
Chapter VI of the Water Act deals with the provisions of sewerage services of sewerage functions, standards of performance, supply of sewerage services for domestic purposes, performance of sewerage functions by local authorities and trade effluents with power to disconnect connection for trade effluent and permission to dispose of waste water or trade effluent directly.
Chapter VII deals with the charging for services provided by undertakers with powers of undertaker to charge in terms of section 38 of the Water Act, liability of occupiers to pay charges, charging by volume and to modify charging, if so required. As the meters for water supply has been suggested so provisions has been framed for offences of tempering with the meters shall be guilty of fine not exceeding rupees fifty thousand.
Chapter VIII deals with the abstraction and disposal of licenses, terms and conditions of the licenses alongwith Chpater IX which relates to water conservation during droughts imposing fine which may extend to rupees five hundred thousand in cases where the person takes or uses water in contravention of a prohibition or limitation imposed upon it or fails to construct or maintain a gauge or other apparatus for measuring the flow of water which he is required to do so in terms of section 47 and 48 of the Act.
The Water Act regard duties towards environmental and recreational purposes where under, in terms of section 48 of the Act, the Government and every authority established under the Act to formulate or consider any proposal to further the conservation and enhancement of natural beauty and the conservation of flora and fauna and geological or physio-geographical features or special interest; to have regard to the desirability of protecting and conserving buildings, sites and objects of archeological, architectural or historic interest; to have regard to the desirability of preserving and maintaining for the public freedom of access and visiting any place of natural beauty or building or site or object of archeological, architectural or historic interest to promote the conservation and enhancement of natural beauty and the conservation of flora or fauna.
Chapter XI relates to controlled water with defined terms under the Act ibid including the waters in rivers and their tributaries, nullahs and streams, canals, lakes or other natural reservoirs, as well as man-made reservoirs with surface area larger than five square acres, ground and subsoil waters etc. and Section 50 levy fine and punishment after contravention is proved in shape of guilt which may extend to three months or to a fine which may extend to rupees five hundred thousand or both for contravention including causing and knowingly permitting any poisonous, noxious or polluting water or solid waste matter etc. or any matter to enter controlled waters by being discharged from a drain or sewer without the requisite treatment; any trade effluent or sewage effluent to be discharged, in contravention of any relevant prohibition from a building or from any fixed plant onto or into any land; any action which tends, either directly or otherwise, to impede the proper flow of the waters including flood waters etc.
The Water Act declares the controlled waters areas as “Water Protection Zones” in terms of section 51 of the Act and the Government, in this regard, is empowered to prevent or control the entry of poisonous, noxious or polluting matter into these controlled waters and prohibit or restrict the carrying on in a particular area of activities which it may consider likely to result in the pollution of any such waters. The Commission may by regulations determine the circumstances in which the carrying on of any activities is prohibited or restricted and to determine the activities to which any such prohibition or restriction applies.
The provision of section 52 provides the Offences related to deposits and vegetation without approval except from a water body which is privately owned shall be penalized by declaring it “an offence” committed by a person if, he, without consent of the Canal Officer causes or permits a substantial amount of vegetation to be cut or uprooted in any river, nullah, stream, lake, canal, reservoir or any other water body except a water body which is privately owned or to be cut or uprooted adjacent to any such water body. The Government may by rules determine conditions and manner in which approval may be granted by a Canal Officer under this section.
5.Prevention of Electronic Crimes Act 2021
Prevention of Electronic Crime
Act 2021 (PECA)
Cybercrimes laws and cyberspace:
At present, the main law for cyber security in the country is Prevention of Electronic Crime Act (PECA) meant to prevent and detect offences relating to the cyber world. PECA was introduced in 2016. It provides a comprehensive framework for various types of cybercrimes in Pakistan which, in sync with the Cyber Crime Bill 2007, deals with internet crimes in the country, such as illegal access to data (through hacking), Denial of Service Attacks (DOS Attack), electronic forgery and electronic fraud, and cyber terrorism.
Pakistan and Cybercrime
Today’s era is the era of data and a decade from now on there will be an era of data currency. But this success of technology is directly proportional to cybercrime.
In Pakistan cyber stalking, cyber harassment, spoofing, spamming, extortion, kidnapping, terrorism is a very big problem. In 2016 the “Prevention of Electronic Crime Act” was legislated by the government. It indeed helped the Federal Investigation Agency (FIA) a lot. But still there remain many flaws. With no policy on cybercrime, no proper investigation techniques lack of latest systems, experts in computer and digital forensics the problem still remains.
6.The Election Act 2017, Commission
The Election Commission Of Pakistan and The Elections Act, 2017
Election process is conducted by the Election Commission of Pakistan through a set of laws and rules. The laws are made by the parliament keeping in view the provisions of constitution. In 2017 the parliament passed a new election law that is called The Elections Act 2017. This new law consolidates 8 old laws that were previously used to govern different sections of electoral process.
Electoral Voting Machines
In the wake of the recent hue and cry regarding the adoption of electronic voting machines (EVMs) in the coming general elections, the Pakistan Institute of Development Economics, keeping up with the norm of free inquiry and discussing ideas, held a webinar on the hot subject. This webinar was meant to discuss the working, operation as well as issues, and challenges associated with adopting electronic voting machines in conducting free and fair elections in Pakistan.
The Election Commission of Pakistan (ECP) estimates that the 2023 polls will cost the federal kitty over a thousand times more than the total cost of the last three general elections, which collectively stands at Rs28.6 billion. A major part of the cost comes from the use of electronic voting arrangements for domestic and overseas voters. The estimated cost (Rs424 bn) of upcoming elections is almost closer to the budget of Pakistan’s largest province, Balochistan, which remained at Rs584.1bn for FY 2021-22.
7.National Accountability Ordinance 1999
National Accountability Ordinance 1999
The NAO 1999 was promulgated on November 16, 1999. The objective was to tackle corruption by taking legal actions against corruption (NAO, 2002). Nonetheless, the pending proceedings and cases fell under Ordinance No. XX of 1997 and the Ehtesab Act, 1997 were continued. The primary purpose of the NAO 1999 was not only to take adequate measures against corruption but also to take measures to recover the outstanding amount from the guilty. In 2002, the NAO 1999 was amended. Under this amendment, any person or public office holder can voluntarily come forward and offer to return the assets and gains before the commencement of the investigation against that person. This amendment allows the NAB chairman to accept such volunteer offers after determining the due amount.
The PTI government amended the NAB ordinance in 2021. PML(N) led coalition government introduced the amendments in 2022.
Critical view:
Pakistan is experiencing poor performance on all global indices, which measure corruption and vertical and horizontal accountability in Pakistan. Moreover, the common perception among judiciary and civil society is that the NAB is used for political manipulation against the opposition leaders. The following points are important to improve the transparent performance of the NAB. There is a dire and unavoidable requirement to change the NAB’s structure. All political parties, civil society representatives, and lawyers’ bars and associations prepare the legal and institutional structure of the NAB so that the transparent accountability system may be promulgated. This is the era of digitalization, and the NAB must be trained and technologically well-equipped to build its capacity and skillful human resource to hatch the agenda for creating a transparent and inclusive accountability system.
A potent cause behind the misallocation of resources in developing countries is the misuse of authority and public funds by government officials. Particularly, at the microeconomic level, bureaucratic holdups and delays are not only ethically inappropriate but also cause a significant drag on private businesses. In recent decades, aggressive anti-corruption campaigns have been a feature of many developing countries. In Pakistan too the issue has been a source of political uncertainty since 1990s when elected governments were dismissed in quick succession on grounds of corruption.