Updated: Monday August 05, 2013/AlEthnien Ramadan 29, 1434/Somavara Sravana 14, 1935, at 07:34:31 PM

[1][1]The [2][2][Punjab] Acquisition of Property (Residence of Government Officials) Ordinance, 1963

(W.P. Ordinance XXV of 1963)

[6 June 1963]

An Ordinance to provide for the acquisition of certain property situate in Mauza Mian Mir, District Lahore for use as residence of Government Officials and to validate actions taken under the Martial Law Order No. 115 issued by the Martial Law Administrator, Zone ‘B’

WHEREAS the property described in the Schedule was evacuee property and in pursuance of the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (Act XXVIII of 1958), had been provisionally transferred to Mr. Nasir-ud-Din and party in lieu of ninety-six thousand rupees;

            AND, WHEREAS, the Martial Law Order No. 115 was issued by the Martial Law Administrator, Zone ‘B’, on the 24th February 1962, providing for the acquisition of the said property for the purpose of residence of Government officials;

            AND, WHEREAS, the validity of the said Martial Law Order and the action taken thereunder has been questioned;

            AND, WHEREAS, it is expedient in the public interest to provide for the acquisition of the said property for the purpose of residence of Government Officials and to validate the actions taken in pursuance of the said Martial Law Order No. 115;

            AND, WHEREAS, the Provincial Assembly of West Pakistan 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 and commencement.— (1) This Ordinance may be called the [3][3][Punjab] Acquisition of Property (Residence of Government Officials) Ordinance, 1963.

            (2)        It shall come into force at once and shall be deemed to have taken effect on and from the 24th February, 1962.

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)  “Government” means the [4][4][Provincial Government of the Punjab];

      (b)  “Martial Law Order No. 115” means the Martial Law Order No. 115, issued by the Martial Law Administrator, Zone ‘B’ on the 24th February, 1962; and

      (c)  “property” means the property described in the Schedule to this Ordinance.

3.         Acquisition of property for residence of Government officials.— Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (I of 1894), the Town Improvement Act, 1922 (IV of 1922), as amended by the Punjab Town Improvement (West Pakistan Amendment) Ordinance 1962 (XVIII of 1962), The Municipal Administration Ordinance, 1960 (X of 1960) or any other law for the time being in force, or in any decree, judgment or order of any Court or Authority—

      (a)  Government shall forthwith take possession of the property, summarily ejecting, if necessary, any person in occupation of any part thereof;

      (b)  Government shall pay, ninety-six thousand rupees by way of compensation to Mr. Nasir-ud-Din and party or any other person found to be entitled thereto;

      (c)  thereon the property shall be deemed to have been duly acquired by Government free from all encumbrances, and

the actions taken under Martial Law Order No. 115, shall be deemed to have been validly taken under this Ordinance and shall be continued.

SCHEDULE

            96-A, Upper Mall, Lahore, constructed on the land bearing Khasra No. 2057, Mauza Mian Mir, Tehsil and District Lahore, measuring 11 kanals, 7 marlas and 205 square feet and comprising certain buildings and vacant site.



[1][1]This Ordinance was promulgated by the Governor of West Pakistan on 6th June, 1963; approved by the Provincial Assembly of West Pakistan on 16th July, 1963, under clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and published in the West Pakistan Gazette (Extraordinary), dated 16th July, 1963.

[2][2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[3][3]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.

[4][4]Substituted ibid. for “Government of West Pakistan”.

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