Updated: Friday April 01, 2016/AlJumaa
Jamada El Thaniah 23, 1437/Sukravara
Chaitra 12, 1938, at 06:52:33 PM
The
Requisitioned Land (Continuance of Powers) Ordinance, 1969
ORDINANCE NO. II OF 1969
[17th February, 1969]
An Ordinance to
provide for the continuance of certain emergency powers in relation to
requisitioned land.
WHEREAS it is
expedient to provide, in relation to land which, when the Defence of Pakistan
Ordinance, 1965 (XXIII of 1965), ceases to have effect under clause (7) of
Article 30 of the Constitution, is subject to any requisition effected under
any rule made under the said Ordinance, for the continuance of certain powers
therefor exercisable under the said Ordinance or the said rules;
AND WHEREAS the
national interest of
AND WHEREAS the
National Assembly is not in session and the President is satisfied that
circumstances exist which render immediate legislation necessary;
NOW, THEREFORE,
in exercise of the powers conferred by clause (1) of Article 29 of the
Constitution, read with clause (2) of Article 131 thereof, and of all other
powers enabling him in that behalf, the President in pleased to make and
promulgate the following Ordinance:___
1. Short title
and commencement.___(1) This
Ordinance may be called the
(2) It extends
to the whole of
(3) It shall
come into force on the 1date
on which the Defence of Pakistan Ordinance, 1965 (XXIII of 1965), ceases to
have effect under clause (7) of Article 30 of the Constitution.
2. Definitions. ___ In this Ordinance, unless there is anything
repugnant in the subject or context,___
(a) “appropriate Government” means, in relation to any
requisitioned land, the 2[Federal]
or Provincial Government by which or under the authority of which the land has
been requisitioned;
(b) “requisitioned land” means immovable property which
at the commencement of this Ordinance is subject to any requisition effected
under the rules made under the Defence of Pakistan Ordinance, 1965 (XXIII of
1965).
1I.e., the
17th February, 1969, the defence of Pakistan Ordinance, 1965 having ceased to
have effect from that day with the revocation of Proclamation of Emergency, see
Gaz., of P., 1969, Ext., p. 105.
2 Subs. by F.A.O., 1975, Art. 2 and
Table, for “Central”.
3. Continuance
of requisitions. Notwithstanding
the Defence of Pakistan Ordinance, 1965 (XXIII of 1965), and the rules made
thereunder ceasing to have effect, all requisitioned lands shall continue to be
subject to requisition and the appropriate Government may use or deal with any
requisitioned land in such manner as may appear to it to be expedient :
Provided that
the appropriate 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 appropriate
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 Government
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) Where 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 appropriate Government shall cause a notice declaring that the land
is released from requisition to be affixed on some conspicuous part of the land
and publish the notice in the official Gazette.
(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 Government shall not be liable
for any compensation or other claim in respect of the land for any period after
the said date.
5. Power to
acquire requisitioned land. __(1) Subject to
the provisions of sub-section (3), the appropriate Government may, 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
the effect that such Government has decided to acquire such land in pursuance
of this section.
(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 in the appropriate Government free from all
encumbrances 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 Government and the appropriate Government decides that the value of,
or the right to use, such works should be preserved or secured for the purposes
of Government; or
(b) where the cost of restoring the land to its
condition at the time of its requisition would, in the determination of the
appropriate Government, 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 from Government.
(4) Any decision
or determination of the appropriate Government under sub-section (3) shall be
final and shall not be called in question in any court.
(5) For the
purposes of clause (a) of sub-section (3), “works” includes buildings,
structures and improvements of every description.
6. Payment of
compensation. ___(1) In respect
of the continued subjection of requisitioned land to requisition under this
Ordinance, compensation shall be determined and paid in accordance with the
provisions of section 18 of the Defence of Pakistan Ordinance, 1965, and of the
rules made thereunder :
Provided that
all agreements and awards under the said section in respect of the payment of
compensation for the period of requisition before the commencement of this
Ordinance shall continue to be in force and shall apply to the payment of compensation
for the period of requisition after such commencement.
(2) In respect
of any acquisition of requisitioned land under this Ordinance, there shall be
paid compensation the amount of which shall be determined in the manner, and in
accordance with the principles, hereinafter set out, that is to say___
(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 appropriate Government shall appoint as
arbitrator a person who has been, or is qualified for appointment as, a Judge
of a High Court;
(c) the appropriate
Government may, in any particular case, nominate a person having expert
knowledge as to the nature of the property acquired to assist the arbitrator,
and where such nominate an assessor for the said purpose;
(d) at the commencement of
the proceedings before the arbitrator, the appropriate Government and the
person to be compensated shall state what in their respective opinions is a
fair amount of compensation;
(e) the arbitrator in
making his award shall have regard to ___
(i) the provisions of
sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as the
same can be made applicable; and
(ii) whether the
acquisition is of a permanent or temporary character:
Provided that,
where any property requisitioned under any rule made under the Defence of
Pakistan Ordinance, 1965 (XXIII of 1965), is subsequently acquired under
section 5 of this Ordinance, the
arbitrator in any proceedings in connection with such acquisition shall, for
the purposes of the provisions of the said section 23 of the Land Acquisition
Act, 1894 (I of 1894), take into consideration the market value of the property
at the date of its requisition as aforesaid and not at the date of its
requisition as aforesaid and not at the date of its requisitions as aforesaid
and not at the date of its subsequent acquisition;
(f) an appeal shall lie to the High Court against any
award of an arbitrator except in cases where the amount thereof does not exceed
an amount prescribed in this behalf by rule made by the appropriate Government;
and
(g) save as provided in this section and in any rules
made thereunder, nothing in any law for the time being in force shall apply to
arbitrations under this section.
(3) The
appropriate Government may make rules for the purpose of carrying into effect
the provisions of this section.
(4) For the
purposes of sub-section (1), all the provisions of section 18 of the Defence of
Pakistan Ordinance, 1965 (XXIII of 1965), and of the rules made thereunder, and
for the purposes of sub-section (2) such of those provisions as relate to
matters of procedure, shall be deemed to be continuing in force.
7. Power to
obtain information. ___(1) The
appropriate Government may, with a view to carrying out the purposes of section
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 (Act XLV of 1860).
8. Delegation
of functions. The appropriate
Government may, by order notified in the official Gazette, direct that any
power conferred or any duty imposed on it by this Ordinance 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.
9. Indemnity. ___ (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 Ordinance or any rule or order made
thereunder.
(2) No suit or other legal proceeding shall lie against the
Government for any damage caused of likely to be caused by anything in good
faith done or intended to be done in pursuance of this Ordinance or any rule or
order made thereunder.
10. Savings. Notwithstanding the Defence of Pakistan Ordinance,
1965 (XXIII of 1965), ceasing to have effect, anything done, action taken,
obligation or liability incurred, proceeding commenced and any appointment of
an arbitrator or other person and any rule made under section 18 of the said
Ordinance shall, so far as it is not inconsistent with the provisions of this
Ordinance, be deemed to have been done, taken, incurred, commenced or made
under this Ordinance.
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