Updated: Sunday July 07, 2013/AlAhad
Sha'ban 29, 1434/Ravivara
Asadha 16, 1935, at 11:10:15 AM
The
(W.P.
Ord. XXXVII of 1965)
C O N T E N T S
Sections
1. Short title, extent and
commencement.
2. Definitions.
3. Eviction of unauthorized
occupants.
4. Appeal.
5. Jurisdiction of
6. Requisition of police
assistance.
[1][1]The [2][2][
(W.P. Ordinance XXXVII of
1965)
[
An
Ordinance to provide for summary ejectment of unauthorized occupants of
immovable property vesting in autonomous bodies
Preamble.— WHEREAS it is expedient to provide for
summary ejectment of unauthorized occupants of immovable property vesting in
autonomous bodies;
AND
WHEREAS the Provincial Assembly is not in session and the Governor of West
Pakistan is satisfied that circumstances exist which render immediate
legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short title, extent and commencement.— (1) This Ordinance may be called the [3][3][
(2) it extends to the whole of the Province
of [4][4][the
(3) It shall come into force at once.
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) “autonomous body” means a
corporation, institution, undertaking or other body established with the aid of
the revenues of the Province of [5][5][the Punjab] but not with the aid of the
revenues of the [6][6][Federation] [7][7][* * *], or which is incorporated under any [8][8][Punjab law], and includes—
(i) A University or Board of
Secondary Education established under any [9][9][Punjab Law]; [10][10][* * *]
(ii) the
West Pakistan Industrial Development Corporation established under the
Provincial Industrial Development Corporation (West Pakistan) Ordinance, 1962; [11][11][*]
[12][12][(iii) a Municipal Committee as defined in the
Municipal Administration Ordinance, 1960 (Ordinance X of 1960), a local council
as defined in the Basic Democracies Order, 1959 (P.O. No. 18 of 1959), a Town
Improvement Trust constituted under the Town Improvement Act, 1922 (Punjab Act
IV of 1922); [13][13][*]
[14][14][(iv) the Punjab Government Servants Benevolent Fund
established under section 3 of the Punjab Government Servants Benevolent Fund
Ordinance, 1960 (Ordinance No. XIV of 1960) including any Board of Management
established under section 6 of the said Ordinance].
(b) “Government”
means the [15][15][Provincial Government of the
[16][16][(c) “Immovable Property” means an immovable
property which is owned by or vests in or is in possession or under management
or control of an autonomous body and includes any part of such property;]
[17][17][(d) “Unauthorised Occupant” means a person who is
in occupation of any immovable property without the express permission or
authority of the autonomous body or remains in occupation of any immovable
property after the expiration or determination of lease or licence, as the case
may be, without the express permission or authority of the autonomous body and
includes—
(i) any
person inducted into any immovable property by the lessee or licensee thereof;
and
(ii) every
member of the lessee’s or the licensee’s family who remains in occupation of
any immovable property after the expiration or determination of the lease or
licence in respect of the same.]
3. Eviction of unauthorized occupants.— [18][18][(1) Notwithstanding anything contained to
the contrary in any law for the time being in force, an autonomous body or any
officer or authority of such autonomous body authorised by it in this behalf,
may, after giving a reasonable opportunity to show cause, evict or cause to be
evicted any unauthorised occupants from an immovable property through its own
agency with the use of such force as may be necessary and any crop raised on
such property and any building, encroachment or other construction erected
thereon shall, if not removed by such person after service on him of a notice
by such autonomous body, or an officer or other authority as authorised by it,
requiring him to remove such crop, building, encroachment or other
construction, within a period of not less than seven days of the service on him
of such notice, be liable to forfeiture and removal without payment of
compensation after the expiry of the period specified in the notice, and any
expenses incurred by the autonomous body in the removal of such building,
encroachment or other construction may be recovered from such person on the
certificate of autonomous body, or the officer or other authority empowered by
it in this behalf, as arrears of land revenue.]
(2) A notice under sub-section (1) may be
served, as may be directed by the authority or officer issuing the same—
(a) by giving or tendering to the person upon whom
it is to be served, the said notice; or
(b) by affixing it on a conspicuous place on or
near the immovable property to which it relates or on any building or other structure
on such property.
(3) An order of ejectment made under
sub-section (1) shall not be enforced until the expiry of seven days from the
date of such order.
4. Appeal.— (1) Any person
aggrieved by an order of eviction made under section 3, may, within seven days
of the date of such order, prefer an appeal in writing, either in person or
through his duly authorised agent—
(a) to the autonomous body concerned, where the
order is made by an officer or authority empowered by the autonomous body under
section 3; and
(b) to Government or an
officer or authority authorised by Government in this behalf (other than the
autonomous body), where the order is made by the autonomous body itself.
(2) The appellate authority specified in
sub-section (1) to whom an appeal is preferred in accordance with the
provisions of the said sub-section, namely:-
(a) admit the appeal; or
(b) after hearing the appellant or his duly
authorised agent summarily reject the appeal, if in its opinion it has no
merit.
(3) Where the appellate authority admits an
appeal it may, after considering the memorandum of appeal and giving an
opportunity to the appellant of being heard (if it so considers necessary)
confirm, modify or vacate the order appealed from.
(4) The appellate authority may, on an
appeal being preferred to it against an order made under section 3, stay the
operation of the order until the decision in appeal.
(5) Subject to orders made in appeal under
this section an order made under section 3 shall be final.
[19][19][5. Jurisdiction of Civil Court barred.— No Civil Court shall pass an order in any
suit or proceeding granting a temporary or interim injunction restraining the
autonomous body or any authority or officer authorised by it in this behalf
from evicting the unauthorised occupant from the immovable property under this
Ordinance.
6. Requisition
of police assistance.— If an autonomous body or any authority or an officer
authorised by it to take action under this Ordinance requires police assistance
for evicting an unauthorised occupant, a requisition in this behalf may be sent
to the officer incharge of a police station, who shall on such requisition
render the assistance required.]
[1][1]This
Ordinance was promulgated by the Governor of West Pakistan on
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[10][10]The word “and”, deleted by
the West Pakistan Autonomous Bodies Immovable Property (Ejectment of
Unauthorised Occupants) (Amendment) Ordinance, 1969 (XXVII of 1969).
[11][11]The word “and”, deleted by
the Punjab Autonomous Bodies Immovable Property (Ejectment of Unauthorised
Occupants) (Amendment) Ordinance, 1978 (III of 1978).
[12][12]Added by the West Pakistan
Autonomous Bodies Immovable Property (Ejectment of Unauthorised Occupants)
(Amendment) Ordinance, 1969 (XXVII of 1969) and substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974).
[13][13]The word “and”, deleted by
the Punjab Autonomous Bodies Immovable Property (Ejectment of Unauthorised
Occupants) (Amendment) Ordinance, 1978 (III of 1978).
[14][14]Added ibid.
[15][15]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
[16][16]Added by the
[17][17]Ibid.
[18][18]Substituted ibid.
[19][19]Added by the
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