Updated: Sunday December 08, 2013/AlAhad
Safar 05, 1435/Ravivara
Agrahayana 17, 1935, at 08:54:15 PM
[1][1]The
(W.P. Ordinance XXXI of
1969)
[
An
Ordinance to validate the amendments made in the
Preamble.— WHEREAS the Punjab Tenancy (Amendment)
Rules, 1953, framed under sections 114 and 115 of the Punjab Tenancy Act, 1887,
prescribed a period of two years from the date of issue of the said rules,
within which occupancy tenants were entitled to pay compensation for acquiring
proprietary rights in their tenancies;
AND, WHEREAS the said period of two years was extended
from time to time, by amendments made in the said rules, upto
AND,
WHEREAS doubts have arisen as to the validity of the said amendments;
AND,
WHEREAS it is expedient to validate the amendments in the said rules extending
upto 30th June, 1960, the period within which the occupancy tenants were
entitled to pay compensation for acquiring proprietary rights in their
tenancies;
AND,
WHEREAS it is expedient to further extend the period for payment of
compensation by occupancy tenants who failed to do so;
NOW, THEREFORE, in pursuance of the Martial Law
Proclamation of 25th March, 1969, read with the Provisional Constitution Order,
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 commencement.— (1) This Ordinance may be called the Punjab
Tenancy (Validation and Extension of period for Payment of Compensation)
Ordinance, 1969.
(2) It shall come into force at once.
2. Validation of extension of period of
compensation under section 114, Act XVI of 1887.— Notwithstanding anything contained in
section 107 of the Punjab Tenancy Act, 1887 (Act XVI of 1887)—
(a) the
period for the payment of compensation by occupancy tenants for acquiring
proprietary rights prescribed under the Punjab Tenancy (Amendment) Rules, 1953,
shall be deemed to have been validly extended upto 30th June, 1960; and
(b) any compensation paid rights, acquired or liabilities incurred by
or before the said date in accordance with the said rules, shall be deemed to
have been validly paid, acquired or incurred, as the case may be.
3. Extension of period for payment of
compensation.—
Notwithstanding anything contained in section 114 of the Punjab Tenancy Act,
1887 (Act XVI of 1887), and rules 3 and 4 of the Punjab Tenancy (Amendment)
Rules, 1953, or any judgment, decree or order of any Court or other authority
it shall be lawful for any person who occupied land as occupancy tenant at the
time of the coming into force of the Punjab Tenancy (Amendment) Act, 1952
(Punjab Act VII of 1952), but who failed to pay compensation to the landlord in
accordance with the provisions of the said rules 3 and 4, to acquire
proprietary rights in the whole or a portion, as the case may be, of the land
comprised in his tenancy, on payment of such compensation [2][2][on or before the thirty-first day of
December, 1996] [3][3][:]
[4][4][Provided that when in any legal
proceeding it is decided by any Court that any person has a right of occupancy
such person may pay the compensation within six months of the decision of such
proceeding or before
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 31st October, 1969; published
in the West Pakistan Gazette (Extraordinary), dated 5th November, 1969, pages
1971-73; saved by Article 281 of the Interim Constitution of Pakistan (1972);
and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).
[2][2]Substituted by the
[3][3]Substituted, for the
full-stop, by the Punjab Tenancy (Validation and Extension of Period for
Payment of Compensation) (Amendment) Ordinance, 1971 (I of 1972).
[4][4]Added ibid., and shall be deemed always to have been so added.
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