(W.P. Ordinance XXXII of
1963)
[8 November 1963]
An
Ordinance to provide for the acquisition of certain properties situated in the
revenue estate of Mozang, Lahore, for the purpose of constructing the office of
Water and Power Development Authority and to validate actions taken under the
Martial Law Orders Nos. 92 and 109 issued by the Martial Law Administrator,
Zone ‘B’
Preamble.— WHEREAS the properties described in the Schedule
were evacuee properties and had been acquired by the Government of West
Pakistan in exercise of the powers conferred on it by sub-section (2) of
section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958
(Act No.XXVIII of 1958), vide
notification No. U. 8-79-59 (3113), dated 1st August, 1959, published in the
Gazette of the 28th August, 1959;
AND
WHEREAS the Martial Law Orders Nos. 92 and 109 were issued by the Martial Law
Administrator, Zone ‘B’, on 19th July 1961 and 18th January 1962, respectively,
providing for the acquisition of the said properties for the purpose of
constructing the office of the West Pakistan Water and Power Development
Authority;
AND
WHEREAS the validity of the said Martial Law Orders and actions taken thereunder
has been questioned;
AND
WHEREAS it is expedient in the public interest to provide for the acquisition
of the said properties, for the purpose of constructing the office of the
Authority, and to validate the actions taken in pursuance of the said Martial
Law Orders Nos. 92 and 109;
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] Acquisition of Property (WAPDA Office) (Second)
Ordinance, 1963.
(2) It shall come into force at once and
shall—
(i) in respect of the property
referred to in paragraph (1) of the Schedule, be deemed to have taken effect on
and from the 19th July, 1961; and
(ii) in respect of the property referred to in
paragraph (B) of the Schedule be deemed to have taken effect on and from the
18th January, 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) “Authority” means the West
Pakistan Water and Power Development Authority established under the Water and
Power Development Authority Act, 1958 (W. P. Act No.XXXI of 1958);
(c) “Martial Law Orders Nos.
92 and 109” means the Martial Law Orders Nos. 92 and 109 issued by the Martial
Law Administrator, Zone ‘B’ on the 19th July, 1961 and 18th January, 1962,
respectively;
(d) “property” means a property described in the
Schedule; and
(e) “Schedule” means the Schedule to this
Ordinance.
3. Acquisition of property for office of
the Authority.—
Notwithstanding anything to the contrary contained in the Land Acquisition Act,
1894 (I of 1894), the Town Improvement Act, 1922 (Punjab Act IV of 1922), as
amended by the Punjab Town Improvement (West Pakistan Amendment) Ordinance,
1962 (West Pakistan Ordinance No.XVIII of 1962), the Municipal Administration
Ordinance, 1960 (Ordinance 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 properties, summarily ejecting, if necessary, any person in occupation of
any part thereof;
(b) the compensation for the properties shall be
assessed by the Chief Settlement Commissioner, under the law relating to
evaluation of evacuee property;
(c) the compensation so assessed, shall be paid by
the Authority to the Rehabilitation Department;
(d) Government shall transfer the properties to
the Authority subject to the provisions of section 41 of the Land Acquisition
Act, 1894, so far as applicable, as if the Authority were a company, and shall
put the Authority in possession thereof, and thereupon the properties shall be
deemed to have been duly acquired by the Authority free from all encumbrances;
and
(e) the actions taken under Martial Law Orders
Nos. 92 and 109 shall be deemed to have been validly taken under this Ordinance
and shall be continued.
SCHEDULE
(a) Jodha
Mal Building No. SE-19-R-85, bearing Khasra No. 1049 of Khasra Amarti 1957-58,
Village Mozang, Tehsil and District Lahore, acquired under Martial Law Order
No. 92, dated 19th July, 1961.
(b) Mela
Ram Building No. SE-19-R-83, bearing Khasra No. 1049 of Khasra Amarti 1957-58,
measuring, 21 kanals, 5 marlas and 190 square feet, comprising buildings and
open site and vacant site measuring 3 kanals and 2 marlas bearing Khasra No.
1044, acquired under Martial Law Order No. 109, dated 18th January, 1962.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 8th November, 1963; approved by
the Provincial Assembly of West Pakistan, on 28th December, 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 28th
December, 1963, pages 4785-A to 4785-C.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[3][3]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
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