(W.P. Ordinance XXI of 1963)
[6 June 1963]
An
Ordinance to provide for the establishment of a whole-sale vegetable market at
Lahore and to validate actions taken under the Martial Law Order No. 121 issued
by the Martial Law Administrator, Zone B, and the West Pakistan Ordinance No.
XXI of 1962
WHEREAS the Martial Law Order No. 121 was
issued by the Martial Law Administrator, Zone ‘B’, on the 27th April, 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 Orders
(Continuance in Force) Ordinance, 1962 (West Pakistan Ordinance No. 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
WHEREAS it is expedient to provide for the establishment of a vegetable market
at Lahore and to validate the actions taken in pursuance of the said Martial Law
Order No. 121 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] Vegetable Market (Lahore) Ordinance,
1963.
(2) It shall come into force at once and
shall be deemed to have taken effect on and from the 27th April, 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) “land” means the land required for the
establishment of the vegetable market;
(b) “Martial Law Order No. 121” means the Martial
Law Order No. 121 issued by the Martial Law Administrator, Zone ‘B’, on the
27th April, 1962.
3. Acquisition
of land for vegetable market.— Notwithstanding anything to the contrary contained in
the Land Acquisition Act, 1894 (Act 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 (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, judgement or order of any Court or Authority—
(a) the Commissioner, Lahore, 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, on the principles laid down in the Land Acquisition Act, 1894, and the
assessment, subject to confirmation by the Commissioner, Lahore, shall be
final;
(c) the compensation awarded shall be paid by the
Lahore Improvement Trust;
(d) the said land shall be
transferred to, and put in the possession of, the Lahore Improvement Trust and
thereupon shall be deemed to have been duly acquired by the Lahore Improvement
Trust free from all encumbrances.
4. Establishment of vegetable market.— The Chairman, Lahore Improvement Trust
shall—
(a) forwith lay out the vegetable market on the
land;
(b) allot sites to vegetable dealers and commission
agents dealing in whole-sale vegetable trade;
(c) determine the price of the site allotted to
each dealer or commission agent, the terms and conditions of payment and the
method of recovery in case of default;
(d) require the allottee to erect on the allotted
site such structure and within such period as the Chairman may determine; and
(e) do all things necessary for the establishment
of the vegetable market on the land.
5. Direction
by Commissioner.— Any person who has been allotted a site in the vegetable market shall,
when so required by the Commissioner, Lahore, occupy the said site and carry on
the vegetable business there.
6. Prohibition
to carry on business.— No person shall carry on the business of vegetable
dealer or commission agent dealing in whole-sale vegetable trade within the
municipal limits of the Lahore Corporation, except at the vegetable 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,
in that behalf 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.
9. Validation.— Notwithstanding
anything to the contrary contained in the Land Acquisition Act, 1894 (Act I of
1894), the Town Improvement Act, 1922 (PunjabAct 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 the Commissioner, Lahore, the
Collector, Lahore, the Chairman, Improvement Trust, Lahore, or any other
authority in pursuance of the said Martial Law Order No. 121 or the said West
Pakistan Ordinance No. 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.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 6th June, 1963; approved by the
Provincial Assembly of West Pakistan, with amendments, on 15th 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 15th July, 1963.
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West
Pakistan”.
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