( XXI of
1963)
[6th
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[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 (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, 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] 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] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. 3Ibid.
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