Updated: Sunday December 08, 2013/AlAhad
Safar 05, 1435/Ravivara
Agrahayana 17, 1935, at 08:59:08 PM
[1][1]The [2][2]
(W.P. Act XXX of 1958)
[
An
Act to provide for the continuance of certain powers in relation to
requisitioned land
Preamble.— WHEREAS it is expedient to provide for the
continuance of certain powers in relation to requisitioned land:
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the [3][3][Punjab]
(2) It extends to the whole of [4][4][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) “Government”
means the [7][7][Provincial Government of the
(ii) “Requisitioned land” means immovable property
requisitioned under the rules made under the Defence of India Act, 1939[8][8], which immediately before the commencement
of this Act continues to be under requisition; and
(iii) “State” means the [9][9][Federal] or the Provincial Government, as
the case may be, for whom any land has been requisitioned or is acquired.
3. Continuance
of requisitions.— Notwithstanding the expiration of the Defence of India Act, 1939[10][10], and the rules made thereunder, the repeal of the
Requisitioned Land (Continuance of Powers) Ordinance, 1946[11][11], the repeal of the Requisitioned Land
(Continuance of Powers) Act, 1947[12][12], the expiration of the Requisitioned Land
(Continuance of Powers) Ordinance, 1955[13][13], and the expiry of the West Pakistan
Requisitioned Land (Continuance of Powers) Act, 1957[14][14], all requisitioned land shall continue to be
subject to requisition and the Provincial Government may use or deal with any
requisitioned land in such manner as may appear to it to be expedient:
Provided
that the Provincial Government may at any time release from requisition any
requisitioned land.
4. Release from requisition.— (1) Where any requisitioned land is to be
released from requisition, the Government may, after making such inquiry, if
any, as it considers necessary, specify by order in writing the person to whom
possession of the land shall be given.
(2) The delivery of possession of the
requisitioned land to the person specified in an order made under sub-section
(1) shall be a full discharge of the State from all liability in respect of
such delivery, but shall not prejudice any rights in respect of the land which
any other person may be entitled by due process of law to enforce against the
person to whom possession of the land is so delivered.
(3) When the person to whom possession of
any requisitioned land 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 land is released from requisition to be affixed on
some conspicuous part of land and publish the notice in the office Gazette [15][15][and in two daily newspapers].
(4) When a notice referred to in sub-section
(3) is published in the official Gazette, the land specified in such notice
shall cease to be subject to requisition on and from the date of such
publication and be deemed to have been delivered to the person entitled to
possession thereof; and the State shall not be liable for any compensation or
other claim in respect of the land for any period after the said date.
5. Powers
to acquire requisitioned land.— (1) Subject to the provision of sub-section (3), the
Government may [16][16][* * *] at any time when any requisitioned land
continues to be subject to requisition under section 3, acquire such land by
publishing in the official Gazette a notice to this effect.
(2) When a notice as aforesaid is published
in the official Gazette, the requisitioned land, shall on and from the
beginning of the day on which the notice is so published, vest absolutely free
from all encumbrances in the [17][17][* * *], Government, as the case may be, and
the period of requisition of such land shall end.
(3) No requisitioned land shall be acquired
under this section except in the following circumstances, namely—
(a) Where any works have,
during the period of requisition, been constructed on, in or over the land
wholly or partly at the expense of the State and it is considered necessary by the State that
the value of, or the right to use, such works should be reserved or secured for
the purposes of the State; or
(b) where the cost of restoring the land to its
condition at the time of its requisition would, in the determination of the
State, be excessive having regard to the value of the land at that time and the
owner declines to accept the release from requisition of the land without
payment of compensation.
Explanation— “Works” includes buildings, structures and
improvements of every description.
(4) Any decision or determination of the
State under sub-section (3) shall be final and shall not be called in question
in any Court.
6. Payment of compensation.— (1) In respect of the continued subjection
of requisitioned land to requisition under
this Act, compensation shall be determined and paid in accordance with
the provisions of section 19 of the Defence of India Act, 1939[18][18], and of the rules made thereunder:
Provided
that for the words “Central Government” wherever occurring in the said section
and the rules the words “Provincial Government” shall be deemed to have been
substituted for the purpose of this section:
Provided
further that all agreements and awards under the said section in respect of the
payment of compensation for the period of requisition before the expiry of the
said Act shall continue to be in force and shall apply to the payment of
compensation for the period of requisition after such expiry.
[19][19][(2) In
respect of any acquisition of requisitioned
land under this Act, the amount of compensation payable shall be
determined in accordance with the provisions of the Land Acquisition Act,
1894.]
(3) For the purposes of sub-section (1) all
the provisions of the aforesaid section 19 and of the rules made thereunder, as
amended by this section, shall be deemed to be continuing in force.
7. Power to obtain information.— (1) The Government may, with a view to
carrying out the purposes of sections 3 to 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 requisitioned land as may be specified.
(2) Every
person required to furnish such information as is referred to in sub-section
(1) shall be deemed to be legally bound to do so within the meaning of sections
176 and 177 of the Pakistan Penal Code, 1860[20][20].
8. Delegation of functions.— The Government may, by order 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 order, be exercised or discharged by such officers as may
be so specified.
9. Protection of action taken under the
Act.— (1) No suit,
prosecution or other legal proceeding shall lie against any person for anything
which is, in good faith, done or intended to be done in pursuance of this Act
or order made thereunder.
(2) No suit
or other legal proceedings shall lie against the State 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.
10. Repeal and Saving.— (1) The
(2) Notwithstanding
the expiry of the West Pakistan Requisitioned Land (Continuance of Powers) Act,
1957[22][22], everything done, action
taken, obligation, liability or penalty incurred, power conferred or exercised,
orders issued under the said Act and everything deemed to have been done in
exercise of the powers conferred by or under the said Act, shall be continued
and be deemed to have been respectively done, taken, incurred, conferred,
exercised or issued under this Act.
[1][1]For statement of objects and
reasons, see Gazette of West Pakistan
(Extraordinary), dated 27th January, 1957, pp. 264 and 265.
This Act was passed by the West Pakistan Assembly on 29th March, 1958; assented to by the Governor of West Pakistan on 19th April, 1958; and published in the West Pakistan Gazette (Extraordinary), dated 24th April, 1958 pages 683-87.
[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]The words “Federal Capital
and” deleted by the
[6][6]Substituted, for the words
“the Special Areas” by the West Pakistan Laws (Adaptation) Order, 1964.
[7][7]Substituted, for “Government
of West Pakistan”, by the
[8][8]XXXV of 1939.
[9][9]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for the word “Central” which was earlier subs., for the word
“Federal” by West Pakistan Laws (Adaptation). Order, 1964.
[10][10]XXXV of 1939.
[11][11]XIX of 1946.
[12][12]XVII of 1947.
[13][13]XI of 1955.
[14][14]
[15][15]Inserted by the
[16][16]The words, “and when so
required by the Federal Government under Article 128 of the Constitution shall”
omitted by the West Pakistan Laws (Adaptation) Order, 1964, section 2(i) Schedule Part VIII.
[17][17]The words “Federal or the
Provincial” omitted ibid.
[18][18]XXXV of 1939.
[19][19]Substituted, by the
[20][20]XLV of 1860.
[21][21]
[22][22]
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