Updated: Tuesday May 24, 2016/AthThulatha
Sha'ban 17, 1437/Mangalavara
Jyaistha 03, 1938, at 06:54:35 PM
The Requisitioned Land (Continuance of
Powers) Ordinance, 1977
ORDINANCE NO. XXXIII OF 1977
[15th September, 1977]
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,
1971 (XXX of 1971) stands repealed, is subject to any requisition effected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 President
is satisfied that circumstances exist which render it necessary to take
immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977, read with the
Laws (Continuance in Force) Order, 1977 and in exercise of all powers enabling
him in that behalf, the President is pleased to make and promulgate the
following Ordinance:—
1. Short title, extent
and commencement.—(1)
This Ordinance may be called the
(2) It extends to the whole
of
(3) It shall come into
force at once.
2. Definition. In this Ordinance, unless there is
anything repugnant in the subject or context, "requisitioned land"
means immovable property which at the commencement of this Ordinance is subject
to any requisition effected by or under the authority of the Federal
Government under the rules made under the Defence of Pakistan Ordinance, 1971.
3. Continuance of
requisitions. Notwithstanding
the repeal of the Defence of Pakistan Ordinance, 1971 and the rules made
thereunder, all requisitioned lands shall continue to be subject to requisition
and the Federal Government may use or deal with any requisitioned land in such
manner as may appear to it to be expedient:
Provided that the Federal
Government may at any .time release from requisition any requisitioned land.
4. Release from requisition. —(I) Where any requisitioned land is to be
released from requisition, the Federal 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 Federal 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 to be
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
Federal 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 deliverd to the person entitled to
possession thereof; and the Federal Government shall not be liable for any
compensation or other claim in respect of the land for any period after the
said date.
5. Payment of
compensation. 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, 1971(XXX of
1971) 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.
6. Power to obtain information.—(1) The Federal Government may, with a
view to carrying out the purposes of sections 3 to 5, 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.
7. Delegation of
functions. The
Federal 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.
8. 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 Federal 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 Ordinance or any rule or order made thereunder.
9. Savings. Notwithstanding the repeal of the Defence
of Pakistan Ordinance, 1971 anything done, action taken obligation or liability
incurred, proceeding commenced, and any appointment of any 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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