Updated: Sunday April 28, 2013/AlAhad
Jamada El Thaniah 18, 1434/Ravivara
Vaisakha 08, 1935, at 04:15:50 PM
The Punjab Timber Market (
(W.P. Ord. XXIII OF 1963)
C O N T E N T S
Sections
1. Short
title and commencement.
2. Definitions.
3. Acquisition
of land for Timber Market.
4. Establishment
of Timber Market.
5. Direction
by Commissioner.
6. Prohibition
to carry on business.
7. Penalty.
8. Exemption.
8-A. Indemnity.
9. Validation.
SCHEDULE
[1][1]The [2][2][Punjab] Timber Market (
(W.P. Ordinance XXIII OF
1963)
[6 June 1963]
An
Ordinance to provide for the establishment of a timber market in the revenue
estates of Jia Musa and Chak Jia Musa and to validate actions taken under the
Martial Law Order No. 111 issued by the Martial Law Administrator, Zone ‘B’,
and the West Pakistan Ordinance No. XXI of 1962
WHEREAS the Martial Law Order No. 111 was
issued by the Martial Law Administrator, Zone ‘B’, on the 8th February, 1962,
and on its repeal by President’s Order No. 29 of 1962, it was continued by the
Governor of West Pakistan by promulgating the West Pakistan Martial Law Order
(Continuance in Force) Ordinance, 1962 (XXI of 1962);
AND
WHEREAS the validity of the said Martial Law Order and the said West Pakistan
Ordinance and the actions taken thereunder has been questioned and the Supreme
Court of Pakistan has held the said Martial Law Order and the said West
Pakistan Ordinance to be invalid;
AND WHEREAS it is expedient to provide for the
establishment of a timber market in the revenue estates of Jia Musa and Chak
Jia Musa and to validate the action taken in pursuance of the said Martial Law
Order No. 111 and the said West Pakistan Ordinance No. XXI of 1962;
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] Timber Market (
(2) It shall come into force at once, and
shall be deemed to have taken effect on and from the 8th 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 Government of West
Pakistan;
(b) “land” means the land
described in the Schedule to this Ordinance, required for the establishment of
the timber market;
(c) “Martial Law Order No. 111” means the
Martial Law Order No. 111 issued by the Martial Law Administrator, Zone ‘B’, on
the 8th February, 1962 [4][4][;]
[5][5][(d)
“timber” includes bamboos;
(e) “to allot”, in all its grammatical
variations, includes to allot by drawing lots, or by auction or by exchange of
allotted sites, and ‘re-allot’ shall be construed accordingly.]
3. Acquisition
of land for Timber Market.— 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 land, summarily ejecting, if necessary,
any person in occupation of any part thereof;
(b) the
compensation for the land and crops, if any, standing thereon, shall be
assessed by the Collector, Lahore, under the Land Acquisition Act, 1894, as
modified by section 69 of the Town Improvement Act, 1922, and the assessment,
subject to confirmation by Commissioner, Lahore, shall be final;
(c) the
compensation awarded shall be paid by the Lahore Improvement Trust;
(d) Government shall transfer the said land
to the Lahore Improvement Trust subject to the provisions of section 41 of the
Land Acquisition Act, 1894, so far as applicable, as if the Lahore Improvement
Trust were a company, and shall put the Lahore Improvement Trust in possession
thereof, and thereupon the said land shall be deemed to have been duly acquired
by the Lahore Improvement Trust free from all encumbrances.
4. Establishment of Timber Market.— (1) The
(2) [6][6][The
(a) allot sites to timber merchants;
(b) determine the price of the site allotted to
each timber merchant, the terms and conditions of payment thereof, and the
method of recovery in case of default; and
(c) require the allottee to
erect on the allotted site such structure and within such period as the
Chairman may determine.
[7][7][(3) Subject
to the approval of Government, the Lahore Improvement Trust shall have power,
at any stage, to modify, alter, amend or change the purpose or use for which
any site has been earmarked in the original layout and to earmark it for any
other purpose or use connected with the establishment of the timber market.]
5. Direction by Commissioner.— Any person who has been allotted a site in
the timber market shall, when so required by the Commissioner, Lahore, occupy
the said site and carry on the business of timber merchant there.
6. Prohibition
to carry on business.— No person shall carry on the business of timber merchant
within the municipal limit of the Lahore Corporation, except at the timber
market established under this Ordinance.
7. Penalty.— Any person who contravenes or attempts to
contravene or abets the contravention of the provisions of sections 5 and 6 or
any direction issued by the Commissioner, Lahore, shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to five thousand rupees, or with both.
8. Exemption.— The Commissioner may, for such period and
subject to such conditions as he may determine, exempt any person from the
operation of all or any of the provisions of this Ordinance.
[8][8][8-A. Indemnity.— No suit, prosecution or other legal
proceeding shall lie against Government, the Commissioner, Lahore Division, the
Lahore Improvement Trust or its Chairman or other officer, or any other person
to whom a site has been allotted, in the timber market under section 4, in
respect of anything in good faith done or purporting to have been done in
pursuance of the said Ordinance.]
9. Validation.— 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, anything done, possession taken or delivered, ejectment made,
compensation assessed or paid, allotment made, terms and conditions settled,
direction given, or order issued, by Government, the Commissioner, Lahore, the
Collector, Lahore, the Chairman, Improvement Trust, Lahore, or any other
authority in pursuance of the said Martial Law Order No. 111 or the said West
Pakistan Ordinance XXI of 1962, shall be deemed to have been validly done,
taken or delivered, made, assessed or paid, made, settled, given or issued
respectively under this Ordinance, and shall be continued.
SCHEDULE
LIST
OF KHASRA NOS. OF MAUZA CHAK JIA MUSA, TEHSIL AND DISTRICT
|
Khasra
No |
Area |
||
|
K. |
M. |
Ft. |
|
|
1464/947 |
1 |
2 |
172 |
|
1466/947 |
1 |
0 |
111 |
|
1467/947 |
1 |
0 |
111 |
|
1468/947 |
1 |
0 |
111 |
|
1469/947 |
1 |
1 |
17 |
|
1471/947 |
0 |
15 |
27 |
|
1472/947 |
0 |
15 |
27 |
|
1474/947 |
0 |
15 |
27 |
|
1475/947 |
0 |
15 |
27 |
|
1476/947 |
0 |
15 |
27 |
|
1477/947 |
0 |
15 |
0 |
|
1488/947 |
0 |
10 |
176 |
|
1489/947 |
0 |
10 |
182 |
|
1490/947 |
0 |
10 |
176 |
|
1491/947 |
0 |
10 |
215 |
|
1492/947 |
0 |
10 |
12 |
|
1493/947 |
0 |
10 |
59 |
|
1494/947 |
0 |
10 |
158 |
|
1495/947 |
0 |
10 |
18 |
|
1496/947 |
0 |
10 |
124 |
|
1497/947 |
0 |
10 |
44 |
|
1498/947 |
0 |
10 |
44 |
|
1499/947 |
0 |
10 |
44 |
|
1500/947 |
0 |
10 |
44 |
|
1501/947 |
0 |
10 |
44 |
|
1502/947 |
0 |
10 |
44 |
|
1503/947 |
0 |
10 |
44 |
|
Khasra
No |
Area |
||
|
K. |
M. |
Ft. |
|
|
1505/947 |
0 |
10 |
44 |
|
1506/947 |
0 |
10 |
150 |
|
1507/947 |
0 |
10 |
70 |
|
1508/947 |
0 |
10 |
70 |
|
1509/947 |
0 |
10 |
70 |
|
1511/947 |
0 |
10 |
30 |
|
1513/947 |
0 |
10 |
30 |
|
1514/947 |
0 |
10 |
30 |
|
1515/947 |
0 |
10 |
30 |
|
1516/947 |
0 |
10 |
30 |
|
1518/947 |
0 |
10 |
30 |
|
1519/947 |
0 |
10 |
90 |
|
1520/947 |
0 |
10 |
98 |
|
1522/947 |
0 |
10 |
30 |
|
1523/947 |
0 |
9 |
131 |
|
938/1 |
0 |
0 |
28 |
|
939/1 |
0 |
0 |
140 |
|
940/1 |
4 |
2 |
39 |
|
941/1 |
4 |
2 |
24 |
|
942/1 |
4 |
2 |
65 |
|
943/1 |
0 |
1 |
20 |
|
944/1 |
0 |
18 |
13 |
|
945/1 |
0 |
17 |
33 |
|
948 |
0 |
11 |
195 |
|
942/1 |
0 |
3 |
123 |
|
922/1 |
3 |
2 |
96 |
|
923/1 |
0 |
10 |
150 |
|
Khasra
No |
Area |
||
|
K. |
M. |
Ft. |
|
|
925/1 |
1 |
2 |
114 |
|
926 |
6 |
18 |
64 |
|
927 |
7 |
12 |
117 |
|
928 |
8 |
3 |
131 |
|
929 |
0 |
17 |
195 |
|
930 |
0 |
2 |
150 |
|
931 |
0 |
1 |
117 |
|
932 |
0 |
5 |
9 |
|
933 |
2 |
3 |
29 |
|
934 |
0 |
1 |
105 |
|
935 |
2 |
6 |
166 |
|
936 |
0 |
7 |
210 |
|
937 |
2 |
12 |
46 |
|
938 |
4 |
0 |
43 |
|
939 |
3 |
3 |
127 |
|
940 |
0 |
6 |
3 |
|
941 |
0 |
1 |
34 |
|
942 |
1 |
8 |
20 |
|
943 |
0 |
9 |
47 |
|
944 |
0 |
13 |
4 |
|
945 |
0 |
15 |
6 |
|
946 |
0 |
0 |
46 |
|
947 |
2 |
14 |
22 |
|
948 |
0 |
2 |
215 |
|
949 |
0 |
4 |
119 |
|
950 |
0 |
0 |
122 |
|
951 |
6 |
10 |
193 |
|
1074/1 |
0 |
11 |
23 |
|
1075 |
0 |
6 |
100 |
|
1076 |
0 |
15 |
106 |
|
Khasra
No |
Area |
||
|
K. |
M. |
Ft. |
|
|
1077 |
0 |
5 |
180 |
|
1079 |
1 |
3 |
164 |
|
1080 |
1 |
12 |
119 |
|
1081 |
0 |
7 |
126 |
|
1082 |
0 |
9 |
77 |
|
1083 |
2 |
8 |
158 |
|
1084 |
1 |
6 |
182 |
|
1085 |
0 |
7 |
189 |
|
951 |
0 |
2 |
132 |
|
952 |
0 |
2 |
116 |
|
953 |
0 |
1 |
52 |
|
954 |
0 |
9 |
11 |
|
955 |
0 |
0 |
102 |
|
956 |
0 |
1 |
212 |
|
957 |
0 |
1 |
97 |
|
958 |
0 |
8 |
180 |
|
959/1 |
0 |
11 |
79 |
|
960 |
0 |
13 |
191 |
|
961/1 |
5 |
5 |
87 |
|
962/1 |
0 |
5 |
55 |
|
963/1 |
0 |
1 |
189 |
|
966/1 |
0 |
5 |
94 |
|
967/1 |
2 |
7 |
172 |
|
968/1 |
0 |
2 |
16 |
|
969/1 |
0 |
12 |
22 |
|
1061/1 |
0 |
17 |
205 |
|
1062/1 |
2 |
15 |
151 |
|
1064/1 |
0 |
0 |
114 |
|
1065 |
0 |
0 |
179 |
|
1066 |
0 |
16 |
34 |
|
Khasra
No |
Area |
||
|
K. |
M. |
Ft. |
|
|
1067 |
0 |
1 |
177 |
|
1068 |
2 |
10 |
171 |
|
1069 |
4 |
15 |
85 |
|
1070 |
0 |
10 |
198 |
|
1071 |
0 |
4 |
108 |
|
1072 |
0 |
7 |
215 |
|
1073 |
4 |
18 |
223 |
|
1101 |
8 |
0 |
108 |
|
1103 |
0 |
2 |
36 |
|
1105 |
2 |
6 |
112 |
|
1106 |
0 |
2 |
190 |
|
1107 |
0 |
3 |
68 |
|
1108 |
0 |
0 |
160 |
|
1109 |
0 |
1 |
28 |
|
1110 |
0 |
0 |
96 |
|
1111 |
0 |
7 |
81 |
|
1112 |
0 |
2 |
112 |
|
1086 |
3 |
12 |
209 |
|
1087 |
0 |
1 |
188 |
|
1088 |
2 |
10 |
216 |
|
1089 |
3 |
12 |
120 |
|
1090 |
4 |
9 |
129 |
|
1091 |
0 |
3 |
137 |
|
1092 |
6 |
18 |
0 |
|
1093 |
0 |
3 |
181 |
|
1094 |
0 |
11 |
99 |
|
1095 |
1 |
13 |
7 |
|
1096 |
1 |
7 |
163 |
|
1097 |
0 |
0 |
98 |
|
1098 |
0 |
4 |
140 |
|
Khasra
No |
Area |
||
|
K. |
M. |
Ft. |
|
|
1099 |
0 |
14 |
22 |
|
1100 |
0 |
2 |
15 |
|
1101 |
1 |
9 |
139 |
|
1102 |
0 |
3 |
9 |
|
1113 |
0 |
2 |
110 |
|
1114 |
0 |
16 |
155 |
|
1115 |
0 |
13 |
39 |
|
1116 |
0 |
16 |
174 |
|
1117 |
0 |
2 |
215 |
|
1118 |
0 |
19 |
87 |
|
1120 |
1 |
2 |
94 |
|
1121 |
0 |
4 |
25 |
|
1122 |
0 |
2 |
24 |
|
1123 |
1 |
6 |
220 |
|
1124 |
1 |
1 |
175 |
|
1133 |
0 |
5 |
32 |
|
1134 |
1 |
1 |
31 |
|
1135 |
2 |
19 |
13 |
|
1136 |
2 |
10 |
200 |
|
1138 |
0 |
1 |
98 |
|
1139 |
0 |
2 |
17 |
WAQF
PROPERTY
LIST OF KHASRA NOS. OF MAUZA
CHAK JIA MUSA, TEHSIL AND DISTRICT
|
Khasra No |
Area |
||
|
K. |
M. |
Ft. |
|
|
1462/946 |
0 |
1 |
95 |
|
1463/946 |
0 |
2 |
86 |
|
1465/947 |
1 |
0 |
111 |
|
1470/946 |
0 |
14 |
76 |
|
1473/947 |
0 |
15 |
27 |
|
1496/947 |
0 |
11 |
165 |
|
1504/947 |
0 |
10 |
44 |
|
1510/947 |
0 |
11 |
99 |
|
1512/947 |
0 |
10 |
30 |
|
1517/947 |
0 |
10 |
30 |
|
1521/947 |
0 |
10 |
30 |
|
1524/947 |
0 |
3 |
123 |
|
1525/947 |
0 |
1 |
165 |
|
1526/947 |
0 |
8 |
26 |
|
1527/947 |
0 |
8 |
120 |
|
1528/947 |
0 |
4 |
5 |
|
1529/947 |
1 |
17 |
165 |
|
1530/947 |
2 |
18 |
107 |
|
1531/947 |
0 |
3 |
4 |
|
1532/947 |
2 |
10 |
186 |
|
1533/947 |
4 |
7 |
147 |
|
1534/947 |
2 |
19 |
93 |
|
1535/947 |
2 |
2 |
83 |
|
1538/947 |
2 |
1 |
963 |
[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 “
[3][3]Ibid.
[4][4]The full-stop at the end of
clause (e) replaced by a semicolon
and clauses (d) and (e) added by the West Pakistan Timber
Market (
[5][5]Ibid.
[6][6]Substituted, for the words
“The Chairman of the Lahore Improvement Trust shall”, by the West Pakistan
Timber Market (
[7][7]Added ibid.
[8][8]Added by the West Pakistan
Timber Market (
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