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Thoul Ki'dah 04, 1434/Ravivara
Bhadra 17, 1935, at 08:19:31 PM
[1][1]The Punjab Requisitioning of Immovable Property (Temporary Powers) Act,
1956
(W.P. Act VII of 1956)
[
An
Act to provide for the requisitioning of immovable property
WHEREAS it is expedient to make provision for
temporary requisitioning of immovable property;
It
is hereby enacted as follows:---
1. Short title, extent and commencement.— (1) This Act may be called [2][2][the Punjab Requisitioning of Immovable
Property (Temporary Powers) Act, 1956.]
(2) It shall extend to the whole of [3][3][the
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything repugnant
in the subject or context,---
(i) “Building” means any building or part of a
building and includes any land, godowns or out-houses attached to it;
(ii) “Court” means the principal Court of original
civil jurisdiction in the district;
(iii) “Owner” includes the successor-in-interest of
an owner, a mortgagee in possession and a lessee for a fixed period who has
paid rent for the whole of that period in advance;
(iv) “Ordinary repairs” means annual white washing,
colour washing and such other internal and external repairs as are normally
done to a building;
(v) “Special repairs” means any other repairs not
falling in the definition of “ordinary repairs”; and
(vi) “Provincial Government” means the Government
of [5][5][the
3. Requisitioning
of property.— (1) If in the opinion of the Provincial Government it is necessary or
expedient to requisition any building for the use of any of [6][6][the Officers or offices [7][7][or educational institutions] of the [8][8][Federal Government], the Provincial government or any
corporate body established by or under the authority of the [9][9][Federal Government] or the Provincial Government], the
Provincial Government may [10][10][after giving the owner thereof an opportunity of
being heard and showing cause against the proposed action], by order in writing
requisition any building and may make such further orders as appear to it to be
necessary or expedient in connection with the requisitioning:
Provided
that no building used for the purpose of religious worship [11][11][* * *] and no building situated in a
cantonment within the meaning of the Cantonments Act, 1924, shall be
requisitioned under this Act:
[12][12][Provided further that no building which is used
for imparting education through the private educational institutions shall be
requisitioned:]
Provided further that no building which is an evacuee
property shall be requisitioned except with the prior approval of the [13][13][Federal Government]:
Provided also that if a building is in occupation of any
person, no order for its requisitioning shall be passed unless a notice of, at
least, two weeks is given to the occupant to show cause against the action
proposed to be taken and if and when an order of requisitioning is passed, the
occupant shall be allowed a period of one month, at least, to vacate the
building and such occupant shall thereupon comply with that order:
Provided
that no owner in occupation of a [14][14][residential] house shall be required to
vacate it.
(2) If the
notice mentioned in the third proviso to sub-section (1) cannot be served on
the occupant personally, affixation of the notice on a conspicuous part of the
building or service by means of a proclamation or by means of a notice in the
official Gazette and local press shall be deemed to be sufficient service for
the purpose of this section.
(3) Where the Provincial Government has
requisitioned any building under sub-section (1) it may use or deal with it in
such manner as may appear to it to be expedient.
4. Release from requisition.— (1) Where any building requisitioned under
section 3 is to be released from requisition, the Provincial Government may,
after making such inquiry, if any, as it considers necessary, specify by order
in writing the person to whom possession of the building shall be given.
(2) The
delivery of possession of the building to the person specified in an order made
under sub-section (1) shall be a full discharge of the Government from all
liability in respect of the property which any other person may be entitled, by
due process of law, to enforce against the person to whom possession of the
building is so delivered.
(3) Where the person to whom possession of
any building is to be given cannot be found and has no agent or other person
empowered to accept delivery on his behalf, the Government shall cause a notice
declaring that the building is released from requisition to be published in the
official Gazette and to be affixed on some conspicuous part of the property.
(4) When a notice referred to under sub-section
(3) is published in the official Gazette, the building specified in the notice
shall cease to be subject to requisition on and from the date of such
publication and shall be deemed to have been delivered to the person entitled
to the possession thereof, and the Government shall not be liable for any
compensation or other claim in respect of the building for any period after the
said date.
(5) When any building is released from
requisition it shall be restored to the owner in the same condition in which it
was requisitioned unless the owner agrees in writing, to receive it with any
additions or structural alterations or improvements made by the Provincial
Government.
5. Repairs and additions to requisitioned
buildings.— (1) The ordinary
repairs to the building shall be carried out by and at the expense of the
Provincial Government and the owner shall not be required to contribute towards
the cost of such repairs nor shall the cost thereof be deducted out of the
compensation awarded.
(2) The special repairs shall be carried out
by the owner. If he neglects to do so, the Provincial Government shall be
competent to direct by an order that the necessary repairs may be carried out
by the said Government’s own officers and that the cost thereof may be deducted
from the compensation payable under section 6:
Provided that no such direction shall be given except
after such notice to the owner as the Provincial Government considers
reasonable:
Provided
further that if the need for effecting repairs is so urgent that in the opinion
of the Provincial Government, for reasons to be recorded, a notice to the owner
will result in further deterioration of the condition of the building, the
direction for carrying out the necessary repairs may be given without such notice.
(3) If the owner is dissatisfied by an order
passed under sub-section (2) or disputes the amount claimed to have been spent
on such repairs, he may, by an application, refer the matter to the arbitrator
appointed under section 6 and the latter shall, after holding such inquiry as
may be deemed necessary, pass such orders as the circumstances of the case
require. The order passed by an arbitrator shall be final and conclusive
between the parties and no separate appeal shall lie against it, but it shall
be liable to be challenged by means of an application given by the owner or the
Provincial Government to the High Court, if any proceedings with regard to the
building are pending in that Court under section 6.
(4) The
Provincial Government may, if it considers necessary or expedient, make
additions or structural alterations or improvements to the building at its own
cost, with previous approval of the owner obtained in writing. The owner shall
not be liable to contribute towards the cost of such additions or structural
alterations or improvements nor shall the amount so spent be deducted out of
the compensation awarded. The owner shall not be allowed any increase in
compensation on account of such additions or structural alterations or
improvements.
6. Compensation to be assessed in
accordance with certain principles.— (1) Where any building is requisitioned there shall be paid to the
owner compensation for its use and occupation, and the amount thereof shall be
determined in the manner and in accordance with the principles hereinafter set
out:-
(a) Where
the amount of compensation can be fixed by agreement it shall be paid in
accordance with such agreement.
(b) Where
no such agreement can be reached the Provincial Government shall by a general
or special order, for any case or class of cases, [15][15]appoint as arbitrator a person qualified
under [16][16][Article 193] of the Constitution for
appointment as a Judge of a High Court.
(c) The
Provincial Government may, in any particular case, nominate a person having
expert knowledge as to the nature of the building requisitioned to assist the
arbitrator and where such nomination is made, the owner may also nominate an
assessor for the said purpose.
(d) At
the commencement of the proceedings before the arbitrator the Provincial
Government and the owner shall state what, in their respective opinions, is a
fair amount of compensation.
(e) The
arbitrator in making his award shall take into consideration the following
factors—
(i) in the case of a building which was in
existence before
(ii) in the case of a building which was
constructed after the 1st January, 1939, the rent at which such building was
let out for the first time after its construction or the rent of similar
accommodation in similar circumstances prevailing in the locality during 12
months prior to the construction of that building;
(iii) if the building was constructed after
(2) If the building was constructed after
the 14th August, 1947, the compensation awarded shall in no case, after
deducting the taxes and insurance premium for insurance against fire and
earthquake, be less than [17][17][eight] per centum or exceed in amount [18][18][ten] per centum per annum of the initial
cost of the construction of that building.
(3) An appeal shall lie to the High Court against
an award of an arbitrator.
(4) Save as provided in this section and in
any rules made under this Act nothing in any law for the time being in force
shall apply to the arbitration under this section.
(5) An award given by the arbitrator,
subject to the result of the appeal, if any, shall be conclusive and final
between the parties and shall not be called into question by means of a suit or
otherwise except as provided by this Act.
(6) The award may, on an application being
filed in the Court, be executed as if it were a decree of a civil court.
7. Payment
of compensation.— As soon as possible after an order of requisition is passed, the
Provincial Government shall determine the amount of compensation payable
monthly to the owner for the use and occupation of the requisitioned building
and deposit by the 5th of each succeeding month such compensation in the Court
and if the amount of compensation assessed is enhanced by the arbitrator or by
the High Court on appeal, the excess amount shall also be similarly deposited.
In case the amount is not deposited within a period of three months from the
date of requisitioning or the date of the order of the arbitrator or of the
High Court, as the case may be, the Provincial Government shall be liable to
pay interest on the principal amount at the rate of six per centum per annum
till the date of deposit or payment, as the case may be.
8. Power to obtain information.— (1) The Provincial Government may with a
view to carrying out the purposes of sections 4 and 6, by order require any
person to furnish to such authority as may be specified in the order such
information in his possession relating to any building as may be so specified.
(2) If any person fails to furnish any
information required by an order under sub-section (1) or furnishes any
information which is false and which he either knows or has reasonable cause to
believe to be false or does not believe to be true he shall be punished with
imprisonment which may extend to one year or with fine, or with both.
9. Power to
give effect to orders.— The Provincial Government may take or cause to be taken
such steps and use or cause to be used such force as may, in the opinion of
that Government be reasonably necessary, for securing compliance with any order
made by it under this Act.
10. Delegation of functions.— The Provincial Government may by order[19][19] notified in the official Gazette, direct
that any power conferred or any duty imposed on it by this Act shall in such
circumstances and under such conditions, if any, as may be specified in the
direction, be exercised or discharged by such officer as may be so specified.
11. Exemption from legal processes.— (1) No injunction or an order for ejectment,
delivery of possession or appointment of a receiver in respect of any building
which has been requisitioned under this Act shall be granted or made by any
Court or by any other authority.
(2) No order made in exercise of any power
conferred by or under this Act shall be called in question in any Court.
(3) Where an order purports to have been
made and signed by any authority in exercise of any power conferred by or under
this Act it shall be presumed that such an order was so made by that authority.
12. Protection of actions under this Act.— (1) No suit, prosecution or other legal
proceedings shall lie against any person for anything which is, in good faith,
done or intended to be done in pursuance of this Act or any order made
thereunder.
(2) Save as
otherwise expressly provided under this Act no suit or other legal proceedings
shall lie against the Government for any damage caused or likely to be caused
by anything, in good faith, done or intended to be done in pursuance of this
Act or any order made thereunder.
13. Power to
make rules.— (1) The Provincial Government may make rules for the purposes of
carrying into effect the provisions of this Act.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may prescribe—
(a) the
procedure to be followed in arbitrations and other proceedings under this Act;
(b) the
principles to be followed in apportioning the cost of any proceedings mentioned
in clause (a) above, and of appeals.
14. Repeal of certain Acts and Ordinance.— (1) The following enactments are hereby
repealed:-
(1) The
(2) The
(3) The
(4) The
(5) The
[26][26][(6) The
(2) Notwithstanding
the repeal of the enactments mentioned in sub-section (1) everything done,
action taken, obligation, liability, penalty or punishment incurred, inquiry or
proceeding conferred, officer appointed or person authorised, jurisdiction or
powers coffered, rule made and order issued under any of the provisions of the
said enactments shall, if not inconsistent with the provisions of this Act, be
continued and, so far as may be, be deemed to have been respectively done,
taken, incurred, commenced, appointed, authorised, conferred, made or issued
under this Act.
[1][1]This Act was passed by the
W.P. Assembly on 4th June, 1956; assented to by the Governor of W.P. on 30th
June, 1956; and, published in the W.P. Gazette (Extraordinary), dated: 30th
June, 1956, pages 539-46.
[2][2]Substituted by the
[3][3]Substituted, ibid., for the words “
[4][4]The words “Federal Capital
and”, deleted by the West Pakistan Requisitioning of Immovable Property
(temporary Powers) (Amendment) Ordinance, 1962 (XIX of 1962).
[5][5]Substituted by the
[6][6]Substituted by the West
Pakistan Requisitioning of Immovable Property (Temporary Powers) (Amendment)
Ordinance, 1959 (II of 1959), for “its officers or offices”.
[7][7]Inserted by the
[8][8]Substituted by the
[9][9]Ibid.
[10][10]Inserted by the
[11][11]The words “or imparting
education”, deleted by the Punjab Requisitioning of Immovable Property
(Temporary Powers) (Amendment) Act, 1976 (XII of 1976).
[12][12]Added ibid.
[13][13]Substituted by the
[14][14]Inserted by the West Pakistan
Requisitioning of Immovable Property (Temporary Powers) (Amendment) Act, 1957
(XVIII of 1957), section 2.
[15][15]All such Additional District
Judges in the Province of West Pakistan (except the Federal Capital) as are
qualified for appointment as Judge of a High Court are to be arbitrators for
the purposes of sections 5 and 6, with respect to requisitioned buildings
situated within their respective jurisdiction, see Gazette of West Pakistan (1958), Extraordinary, p. 1703.
[16][16]Substituted
by the
[17][17]Substituted, respectively,
for “five” by the Punjab Requisitioning of Immovable Property (Temporary
Powers) (Amendment) Act, 1977 (VI of 1977).
[18][18]Substituted ibid., for “six”.
[19][19]For delegation of powers
under this section, see Gazette of
West Pakistan, 1957, Pt. I, p. 350.
[20][20]
[21][21]
[22][22]N.W.F.P. IV of 1953.
[23][23]Bwp. IX of 1955.
[24][24]Pb III
of 1955.
[25][25]Full-stop at the end of
clause (5) substituted by a semi-colon and new clause (6) added by the West
Pakistan Requisitioning of Immovable Property (Temporary Powers) (Amendment)
Act, 1957 (XVIII of 1957), section 3, effective from
[26][26]Ibid.
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