Updated: Friday December 13, 2013/AlJumaa
Safar 10, 1435/Sukravara
Agrahayana 22, 1935, at 08:07:28 PM
[1][1]The [2][2][
(W.P. Ordinance I of 1959)
[
An
Ordinance to provide for a uniform interpretation of general expressions with
regard to disposition of “Shamilat” lands in the Province of [3][3][the
Preamble.— WHEREAS it is expedient to provide for a
uniform interpretation of general expressions with regard to disposition of
“Shamilat” lands in the Province of the [4][4][the
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 extent.— (1) This Ordinance may be called [5][5][the
[6][6][(2) It
extends to the whole of the Province of [7][7][the
2. Definition.— In this Ordinance, unless there is anything
repugnant in the subject or context, the expression “Shamilat” means land
described as such in the Record of Rights, and the land so described, shall be
deemed to be Shamilat, notwithstanding that the whole or a part of it is in the
possession of one or more of the proprietors in the estate, or of any other
person.
3. Shamilat
not included in disposition of land unless specifically mentioned as subject
matter of the disposition.— (1) Notwithstanding any law, usage or custom to the
contrary, in any disposition of land, whether testamentary or otherwise,
effected by the maker by means of a writing or orally and whether made before
or after the commencement of this Ordinance, words or phrases of a general
nature, purporting to convey rights or interests incidental, contingent, or
collateral, to that land, shall not be so construed as to include therein the
Shamilat or any portion thereof appurtenant to such land, unless such Shamilat
or a portion thereof has been specifically mentioned as the subject matter of
the disposition.
(2) This section shall not affect any
decision of a competent court or authority given before the commencement of
this Ordinance:---
(a) if it is not open to review, appeal or
revision, or
(b) if it is so open, no such proceedings have
been taken, and the decision has consequently become conclusive between the
parties.
4. Repeal.—
The Punjab Land Dispositions (Saving of Shamilat) Act, 1951[8][8], is hereby repealed.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 23rd January, 1959; published
in the West Pakistan Gazette (Extraordinary), dated 27th January, 1959, pages
455-456; 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]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Substituted by the West
Pakistan Laws (Extension to
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[8][8]Pb. Act IV of 1951.
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