Updated: Sunday July 07, 2013/AlAhad
Sha'ban 29, 1434/Ravivara
Asadha 16, 1935, at 10:46:27 AM
The Miani Sahib Graveyard Ordinance, 1962
(W.P. Ordinance
XLIV of 1962)
C O N T E N T S
Sections
1. Short
title and commencement.
2. Definitions.
3. Continuance
of the Martial Law Order No. 131.
4. Final
notifications.
5. Vesting
of graveyard and property.
6. Penalty.
7. Indemnity.
SCHEDULE
[1][1]The Miani Sahib Graveyard Ordinance, 1962
(W.P. Ordinance XLIV of 1962)
[
An
Ordinance to continue the provisions of Martial Law Order No.131 issued by the
Martial Law Administrator, Zone ‘B’ and to promote the functions of the Lahore
Graveyard Committee constituted under the [2][2][Punjab] Graveyards (Preservation and Maintenance)
Act, 1958
Preamble.— WHEREAS the Lahore Graveyard Committee
constituted under the
AND,
WHEREAS, the Administrator, Martial Law Zone ‘B’ issued Martial Law Order No.
131 whereby the Miani Sahib Graveyard Committee was required to remove
encroachments and unauthorised structures from the Miani Sahib Graveyard;
AND,
WHEREAS, the said Martial Law Order shall stand repealed with effect from the
commencing day of the Constitution;
AND,
WHEREAS, it is expedient to continue the provisions of the said Martial Law
Order and to promote the functions of the Lahore Graveyard Committee in the
manner hereinafter appearing:
NOW,
THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of
October, 1958, and in exercise of all powers enabling him in that behalf, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
1. Short title and commencement.— (1) This Ordinance may be called the Miani
Sahib Graveyard Ordinance, 1962.
(2) It shall come into force on the expiry
of Martial Law Order No. 131 issued by the Martial Law Administrator, Zone ‘B’
(hereinafter referred to as the said Martial Law Order).
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(a) “Act” means the [4][4]West
(b) “Government” means [5][5][the Provincial Government of the
(c) “Lahore Graveyard
Committee” means the Committee constituted under the West Pakistan Government
Social Welfare and Local Government Department’s Notification No.W/34-3/58,
dated the 25th of March, 1959, as modified from time to time;
(d) “Miani Sahib Graveyard’ means the area
specified in the Schedule subject to any subsequent modification made by the
Miani Sahib Graveyard Committee under the orders of the Assistant
Sub-Administrator, Martial Law,
(e) “Miani Sahib Graveyard Committee” means the
Committee set up under the orders of the Sub-Administrator, Martial Law, No.3
Sector, for the purpose of defining limits of the Miani Sahib Graveyard and for
removing encroachments thereon.
3. Continuance of the Martial Law Order
No. 131.— The said Martial
Law Order shall subject to the provisions of this Ordinance, be continued and
be deemed to have been enacted in this Ordinance.
4. Final notifications.— (1) The Miani Sahib Graveyard Committee
shall act in pursuance of the provisions of the said Martial Law Order.
(2) When action under sub-section (1) has
been completed, Government shall issue a final notification defining the limits
of the Miani Sahib Graveyard.
(3) The notification issued under
sub-section (2) shall be deemed to be a notification issued under section 12 of
the Act as if it has been issued under that section after the provisions of
sections 4 to 11 of the Act have been complied with.
5. Vesting
of graveyard and property.— On the publication of the notification under sub-section
(2) of section 4, the possession of Miani Sahib Graveyard as described in that
notification, together with any property held by the Miani Sahib Graveyard
Committee shall vest in the Lahore Graveyard Committee and shall be dealt with
by the Lahore Graveyard Committee in accordance with the provisions of the Act.
6. Penalty.— Any person who contravenes or attempts to
contravene or abets the contravention of the said Martial Law Order or this
Ordinance, or any direction or directions issued by the Miani Sahib Graveyard
Committee or the Lahore Graveyard Committee in pursuance of the said Martial
Law Order or the said Ordinance or the rules framed thereunder, as the case may
be, shall, without prejudice to any other punishment to which he may be liable
under any law for the time being in force be punishable with imprisonment which
may be extended to three years or with fine which may extend to five thousand
rupees or with both.
7. Indemnity.— No suit or legal
proceedings shall lie against any person or authority for anything which is in
good faith done or intended to be done in pursuance of the said Martial Law
Order or this Ordinance.
SCHEDULE
The
following Khasras situated in Moza Mozang, Tehsil and District Lahore, namely:-
Block
‘A’
6614, 6615, 6616, 6620,
6621, 6622, 6623, 6624, 6625, 6626, 6627, 6628, 6629, 6630, 6631, 6632, 6633,
6634, 6635, 6643, 6644, 6645, 6646, 6647, 6648, 6649, 6651, 6652, 6653, 6656,
6657, 6658, 6659, 12653/6660, 12666/6660, 12657/6660, 6667, 6710, 6716, 6718,
6719, 6729, 6721, 6722, 6723, 6724, 6725, 6726, 6727, 6728, 6729, 6730, 6731,
6732, 6733, 6734, 6735, 6736, 6737, 6738, 6739, 6740, 6741, 6742, 6743, 6744,
6745, 6746, 6751(Min), 6754, 6755, 6758, 6759, 6760, 6761, 6762, 6763,
9946/6764, 9947/6764, 9948/6764, 9949/6764, 9950/6764, 9951/6765, 9952/6765,
9956/6768, 9957/6768, 6767, 6768(Min), 6766, 6769, 6770, 6771, 6772, 6773,
6774, 6775, 6776, 6777, 6778, 6779, 6780, 6781, 6782, 6783, 6784, 6785, 6786,
6787, 6788, 6789, 6791, 6793, 6794, 6752 (Min), 6662, 6663, 6664, 6672.
BLOCK
‘B’
6733.
BLOCK
‘C’
6816, 6817, 6818, 6878, 6879, 6906, 6907,
6909, 6917, 6918.
BLOCK
‘D’
7388, 7389, 7390.
BLOCK
‘E’
5981, 5984, 5985, 5986, 6046, 6047, 6049,
6050, 6051, 6239, 6309 (Min), 6310, 6311, 6312, 6313, 6314, 7421, 7422, 7443,
7444, 7445.
BLOCK
‘F’
4703, 4706, 4707, 4708,
4719, 4725, 4726, 4727, 4728, 9892/4743, 9893/4743, 9894/4744, 9895/4714, 4746,
4747, 4832, 12533/4844, 4834, 4835, 4836, 4837, 9005/4848, 9906/4848, 5072,
5075, 5877, 5078, 5079, 5087, 5088, 5090, 5091, 5092, 5093, 5094, 5095, 5785,
5786, 5795, 5796, 5797, 5798, 5799, 5800, 5802, 5805, 5827, 5829, 5830, 5831,
5832 ‘M’, 5860, 5859 ‘M’, 5861, 5862, 5863, 5864, 5865(M), 5866, 5867, 5868,
5869, 5869/1, 5869/2, 5869/3, 5869/4, 5869/5, 5869/6, 5869/7, 5869/8, 5869/9,
5869/10, 5869/11, 5869/12, 5870, 6315, 6361, 6317, 6318, 6319, 6320, 6321,
6350, 6472, 6473, 6478, 10673/6552, 10680/6552/3, 10680/6552/4, 10680/6552/5,
10680/6552/35/1, 10680/6552/35/2/, 10680/6552/35/3, 10680/6552/35/4,
10680/6552/35/5, 10680/6552/35/6, 10680/6552/35/7, 10680/6552/35/8,
10680/6552/35/9, 10680/6552/35/10, 10680/6552/35/11, 10680/6552/35/12,
10680/6552/35/13, 6553, 6554, 6555, 10686/6558, 10687/6558, 10688/6558, 10689/6558,
6558, 6569, 6561, 6562, 6561/1, 6563, 6564, 6565, 6566, 6567, 6568, 6569, 6570,
6571, 6572, 6573, 6574, 6575, 6576, 6577, 6578, 6579, 6580, 6581, 6582, 6583,
6586, 6587, 6588, 6589, 6590, 6591, 6592 ‘M’, 6593 ‘M’, 9945/6596, 6367/1,
6577/1.
BLOCK
‘G’
5775,
5776, 5774, 5778, 5792.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 7th June, 1962; published in
the West Pakistan Gazette (Extraordinary), dated 7th June, 1962, pages
2331-2334; saved and given permanent effect by Article 225 of the Constitution
of the Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Now ‘
[4][4]Now “
[5][5]Substituted ibid., for “Government of the
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