(W.P. Ordinance IX of 1966)
[4 April 1966 ]
An Ordinance
to provide for the speedy recovery of possession of Government lands and
buildings
Preamble.— WHEREAS it is expedient to
provide for the speedy recovery of possession of Government lands and buildings
from outgoing lessees and licencees and unauthorised occupants, and for matters
ancillary thereto;
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, extent and commencement.— (1) This Ordinance may be called the [3][Punjab ] Government Lands
and Buildings (Recovery of Possession) Ordinance, 1966.
(3) It
shall come into force at once.
2. Definitions.—
In this Ordinance, unless there is anything repugnant in the subject or
context,—
(a) “building”
means a building or part thereof, which vests in, or is in the possession or
under the management and control of, Government and includes the land appurtenant
thereto;
(c) “land”
means land which vests in, or is in the possession or under the management and
control of Government and is used or held for purposes other than agriculture;
(d) “lease” and “lessee” have the same meanings as
in the Transfer of Property Act, 1882 (IV of 1882), and for the purpose of
section 3, “lessee” includes his heirs, assigns, legal representatives and all
persons inducted by him into the demised land or building;
(e) “licence”
and “licensee” have the same meanings as in the Easements Act, 1882 (V of 1882)
and, for the purpose of section 4, “licensee” includes all persons inducted by
him into the building to which the licence relates;
(f) “unauthorised
occupant” means a person who is in occupation of any land or building without
the express permission or authority of the Government and includes—
(i) a
person inducted into any land or building by the lessee or licensee thereof;
and
(ii) every member of the
lessee’s or licensee’s family who remains in occupation of any land or building
after the determination of the lease or licence in respect of the same.
3. Eviction of out-going lessees or
licensees from land or building.—
If, on the expiry, whether before or after the commencement of this Ordinance,
of the period of any lease or licence in respect of a land or building of which
Government is the lessor or licensor or on the determination of such lease or
licence on the ground of breach of any covenant imposing an obligation on the
lessee or licensee to give up possession of the demised land or building
required for any public purpose, the lessee or licensee refused or failed, or
refuses or fails, to vacate that land or building and put Government into possession
of the same, any officer authorised by Government in this behalf may,
notwithstanding anything contained in any other law for the time being in force
or in any contract, at any time, enter upon the demised land or building and
recover vacant possession of that land or building by evicting the lessee or
licensee and may also demolish and remove the structures, if any, erected or
built thereon by the lessee or licensee:
Provided that such officer shall, before demolishing and
removing any structures under this section, issue a notice to the lessee or
licensee calling upon him to remove such structures within the period specified
in the notice.
4. Revocation
of licence and recovery of possession of building in certain cases.— (1)
Notwithstanding anything contained in any other law for the time being in force
or in any contract, where the licensee of a building is a person in the service
of Pakistan, the licence in respect of such building shall, in addition to the
grounds mentioned in section 62 of the Easements Act, 1882 (V of 1882), stand
revoked on the discharge, removal, dismissal, resignation, retirement or death
of such servant or on his transfer from the station in which he is employed to
any other station, after the expiration of the period for which he or his
dependents may retain possession of the building under the rules for the time
being applicable to the licence.
(2) On the revocation of a licence in respect
of a building the licensee shall, notwithstanding anything contained elsewhere
in the aforesaid Act or in any other law for the time being in force or in any
contract, forthwith put the Government into possession of such building or
part, failing which any officer authorised by Government in this behalf may
enter and recover possession of the same by evicting the licensee:
Provided that the licensee shall be
given notice of not less than fourteen days for vacating such building.
5. Eviction
of unauthorised occupants.— (1) If Government is satisfied after making
such enquiry as it thinks fit that a person is an unauthorised occupant of any
land or building, it may, by order in writing, direct such person to vacate the
land or building within the period specified in the order.
(2) If any
person refuses or fails to vacate any land or building as directed by an order
made under sub-section (1), any officer authorised in this behalf by Government
may, notwithstanding anything contained in any other law for the time being in
force, enter upon such land or building and recover possession of the same by
evicting such person and may also demolish and remove the structures, if any,
erected or built by that person.
6. Mode
of recovery of possession.— For the purpose of recovering possession of any
land or building under the provisions of section 3 or section 4 or section 5,
an officer authorised by Government in this behalf may use or cause to be used
such force as may be necessary.
7. Recovery
of cost of demolition and removal of structures.— (1) The cost of
demolition and removal of structures under section 3 or section 5, hereafter in
this section referred to as the cost, shall be payable to Government, by the
lessee or licensee or the unauthorised occupant, as the case may be.
(2) If the
cost is not paid on demand, Government may cause the materials of the
structures demolished and removed under section 3 or section 5 to be sold in
auction in such manner as may be prescribed by rules.
(3) If
the proceeds of the sale under sub-section (2) are not sufficient to cover the
cost, the balance shall be recoverable as arrears of land revenue and, if such
proceeds exceed the cost, the excess shall be paid to the lessee, licensee or
unauthorised occupant.
Explanation—
In this section, lessee and licensee mean the person in whom the ownership of
the structures vested at the time of their demolition and removal under section
3 or section 5.
8. Recovery
of arrears of rent.— If any rent payable in respect of any land or building
has been in arrears on the day of recovery of possession of such land or
building, the amount due on account of such arrears, with interest, if any,
accrued thereon shall be recoverable as arrears of land revenue.
9. Power
to delegate.— Government may, by notification in the official Gazette,
direct that any power exercisable by it under this Ordinance may be exercised
also by any authority or officer subordinate to it.
10. Jurisdiction
of Civil Courts barred.— No Civil Court shall pass an order in any suit or
proceeding granting a temporary or interim injunction restraining Government,
or any authority or officer authorised by it, from taking possession of any
land or building under this Ordinance.
11. Indemnity.—
(1) No suit or legal proceeding shall lie against Government in respect of
anything which is, in good faith, done or intended to be done under this
Ordinance.
(2) No suit,
prosecution or other legal proceeding shall lie against any person in respect
of anything which is, in good faith, done or intended to be done under this
Ordinance.
12. Requisition
of police assistance.— If any officer authorised to take action under this
Ordinance requires police assistance in the exercise of his powers thereunder
he may send requisition to the officer incharge of a police station who shall
on such requisition render the assistance required.
13. Power
to make rules.— Government may make rules for carrying out the purposes of
this Ordinance.
[1]This Ordinance was
promulgated by the Governor of West Pakistan on 31st March, 1966; approved by
the Provincial Assembly of West Pakistan on 9th June, 1966; 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 9th June, 1966,
pages 1663-67.
[2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[5]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of West
Pakistan”.
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