Updated: Saturday March 26, 2016/AsSabt
Jamada El Thaniah 17, 1437/Sanivara
Chaitra 06, 1938, at 08:51:55 PM
[10th December, 1965]
An Ordinance to provide for the
speedy recovery of possession of Central Government lands and buildings.
WHEREAS it is expedient to
provide for the speedy recovery of possession of Central Government lands and
buildings from outgoing lessees and licensees and unauthorized occupants, and
for matters ancillary thereto;
AND WHEREAS the National
Assembly is not in session and the President is satisfied that circumstances
exist which render immediate legislation necessary;
NOW, THEREFORE, in exercise of
the powers conferred by clause (1) of Article 29 of the Constitution and of all
other powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title, extent and
commencement.___
2[(1)
This Ordinance may be called the
(2) It extends to the whole of
(3) It shall come into force at
once.
2. Definitions. In this Ordinance, unless
there is anything repugnant in the subject or context,---
1Approved by the National
Assembly of
This Ordinance and the rules, notifications and Orders made
thereunder as in force in N.W.F.P. before the 15th July, 1975, have been
applied to all the Provincially Administered Tribal Areas of the N.W.F.P., by
Regulation No. III of 1975, s. 2 and the Sch.
2Subs by the Federal Laws
(Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for
sub-section (1).
(a) “building” means a building, or
part thereof, which vests in, or is in the possession or under the management
and control of, the 1[Federal
Government], and includes the land appurtenant thereto;
(b) “land” means land which vests
in, or is in the possession or under the management and control of, the1[Federal
Government], and is used or held for purposes other than agriculture;
(c) “lease” and “lessee” have the
same meaning as in the Transfer of Property Act, 1882 (IV of 1882), and for the purpose of section 3, “lessee”
includes his heirs, assigns, legal representatives and all persons inducted by
him into the demised land or building;
(d) “license” and “licensee” have
the same meaning as in the Easements Act, 1882 (V of 1882), and, for the purpose of section 4, “licensee”
includes all persons inducted by him into the building to which the license
relates;
(e) “unauthorized occupant” means a
person who is in occupation of any land or building without the express
permission or authority of the 1[Federal
Government], and includes___
(i) a person inducted into any land
or building by the lessee or licensee thereof; and
(ii) every member of the lessee’s or
licensee’s family who remains in occupation of any land or building after the
determination of the lease or license in respect of the same.
3. Eviction of outgoing lessees
on licensees from land or building. If, on the expiry, whether before or after the commencement of
this Ordinance, of the period of any lease or license in respect of any land or
building of which the 1[Federal
Government] is the lessor or licensor or on the determination of such lease or
license on the ground of breach of any covenant imposing an obligation on the
lessee or licensee to give up possession of the demised land or building
required for any public purpose, the lessee or licensee refused or failed, or
refuses or fails, to vacate that land or building and put the 1[Federal
Government] into possession of the same, any officer authorized by the 1[Federal
Government] in this behalf may, notwithstanding anything, contained in any
other law for the time being in force or in any contract, at any time, enter
upon the demised land or building and recover, vacant possession of that land
or building by evicting the lessee or licensee and may also demolish and remove
the structures, if any, erected or built thereon by the lessee or licensee:---
1Subs. by F.A.O., 1975, Art. 2
and Table, for “Central Government”.
[Provided that such officer
shall not enter upon the demised land or building unless the Federal Government
has given an opportunity of being heard to the lessee or licensee:]
Provided 1[further]
that such officer shall, before demolishing and removing any structures under
this section, issue a notice to the lessee or licensee calling upon him to
remove such structures within the period specified in the notice.
4. Revocation of license and
recovery of possession of building in certain cases.___(1) Notwithstanding anything
contained in any other law for the time being in force of in any contract,
where the licensee of a building is a person in the service of Pakistan, the
license in respect of such building shall, in addition to the grounds mentioned
in section 62 of the Easements Act, 1882,(V of 1882) stand revoked on the discharge, removal
dismissal, resignation, retirement or death of such servant or on his transfer
from the station in which he is employed to any other station, after the
expiration of the period for which he or his dependants may retain possession
of the building under the rules for the time being applicable to the license.
(2) On the revocation of a
license in respect of a building the licensee shall, notwithstanding anything
contained elsewhere in the aforesaid Act or in any other law for the time being
in force or in any contract, forthwith put the2[Federal
Government] into possession of such building, or part, failing which any
officer authorized by the 2[Federal
Government] in this behalf may enter anti recover possession of the same by
evicting the licensee:---
Provided that the licensee shall
be given 1[an
opportunity of being heard and a] notice of not less than fourteen days for
vacating such building.
5. Eviction of unauthorized
occupants.___(1) If the 2[Federal
Government] is satisfied after making such enquiry as it thinks fit that a
person is an unauthorized occupant of any land or building, it may, 1[after
giving such person an opportunity of being heard,] by order in writing, direct
such person to vacate the land or building within the period specified in the
order.
(2) If any person refuses or
fails to vacate any land or building as directed by an order under sub-section
(1), any officer authorized in this behalf by the 2[Federal
Government] may, notwithstanding anything contained in any other law for the
time being in force, enter upon such land or building and recover possession of
the same by evicting such person and may also demolish and remove the
structures, if any, erected or built by that person.
6. Mode of recovery of
possession.
For the purpose of recovering possession of any land or building under the
provisions of section 3 or section 4 or section 5, an officer authorized by the 2[Federal
Government] in this behalf may use or cause to be used such force as may be
necessary.
1Ins. by the
2Subs. by F.A.O., 1975, Art. 2
and Table for “Central Government”.
7. Recovery of cost of demolition
and removal of structures.___(1)
The cost of demolition and removal of structures under section 3 or section 5,
hereafter in this section referred to as the cost, shall be payable to the 1[Federal
Government] by the lessee or licensee or the unauthorized occupant, as the case
may be.
(2) If the cost is not paid on
demand, the 1[Federal
Government] may cause the materials of the structures demolished and removed
under section 3 or section 5 to be sold in auction in such manner as may be
prescribed by rules.
(3) If the proceeds of the sale
under sub-section (2) are not sufficient to cover the cost, the balance shall
be recoverable as arrears of land revenue and, if such proceeds exceed the cost,
the excess shall be paid to the lessee, licensee or unauthorized occupant.
Explanation.___In
this section, lessee and licensee mean the person in whom the ownership of the
structures vested at the time of their demolition and removal under section 3
or section 5.
8. Recovery of arrears of rent. If any rent payable in respect
of any land or building has been in arrears on the day of recovery of
possession of such land or building, the amount due on account of such arrears,
with interest, if any, accrued thereon shall be recoverable as arrears of land
revenue.
9. Power to delegate. The 1[Federal
Government] may, by notification in the official Gazette, direct that any power
exercisable by it under this Ordinance may be exercised also by any officer
subordinate to it.
10. Jurisdiction of
11. Indemnity.___(1) No suit or legal proceeding
shall lie against the 1[Federal
Government] in respect of anything which is, in good faith, done or intended to
be done under this Ordinance.
(2) No suit, prosecution or
other legal proceeding shall lie against any person in respect of anything
which is, in good faith, done or intended to be done under this Ordinance.
12. Requisition of police
assistance. If any officer authorized to
take action under this Ordinance requires police assistance in the exercise of
his powers thereunder, he may send requisition to the officer in charge of a
police station who shall on such requisition render the assistance required.
13. Power to make rules. The 1[Federal
Government] may make rules for carrying out the purposes of this Ordinance.
1Subs. by F.A.O., 1975, Art. 2
and Table for “Central Government”.
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