[1]THE PUNJAB REQUISITIONING OF IMMOVABLE
PROPERTY (TEMPORARY POWERS) ACT, 1956
( VII of 1956)
[30th June, 1956]
An
Act
To provide for the
requisitioning of immovable property
WHEREAS it is expedient to make provision
for temporary requisitioning of immovable property;
It is hereby enacted as follows:-
1.
Short title,
extent and commencement. — (1) This Act may be called [2][the Punjab
Requisitioning of Immovable Property (Temporary Powers) Act, 1956.]
(3)
It shall come into force at once.
2.
Definitions.
— In this Act, unless there is anything repugnant in the subject or
context—
(i)
“Building” means any building or part of a building and
includes any land, godowns or out-houses attached to it;
(ii)
“Court” means the principal Court of original civil
jurisdiction in the district;
(iii)
“Owner” includes the successor-in-interest of an owner,
a mortgagee in possession and a lessee for a fixed period who has paid rent for
the whole of that period in advance;
(iv)
“Ordinary repairs” means annual white washing, colour
washing and such other internal and external repairs as are normally done to a
building;
(v)
“Special repairs” means any other repairs not falling
in the definition of “ordinary repairs”; and
(vi)
“Provincial Government” means the Government of 5[ the Punjab ].
3.
Requisitioning
of property.— (1) If in the opinion of the Provincial Government it is
necessary or expedient to requisition any building for the use of any of [5][the Officers
or offices [6][or
educational institutions] of the [7][Federal
Government], the Provincial government or any corporate body established by or
under the authority of the [8][Federal
Government] or the Provincial Government], the Provincial Government may [9][after giving
the owner thereof an opportunity of being heard and showing cause against the
proposed action], by order in writing requisition any building and may make
such further orders as appear to it to be necessary or expedient in connection
with the requisitioning:
Provided that no
building used for the purpose of religious worship [10][* * *] and
no building situated in a cantonment within the meaning of the Cantonments Act,
1924, shall be requisitioned under this Act:
[11][Provided
further that no building which is used for imparting education through the
private educational institutions shall be requisitioned:]
Provided further
that no building which is an evacuee property shall be requisitioned except
with the prior approval of the [12][
Federal Government ]:
Provided also
that if a building is in occupation of any person, no order for its
requisitioning shall be passed unless a notice of, at least, two weeks is given
to the occupant to show cause against the action proposed to be taken and if
and when an order of requisitioning is passed, the occupant shall be allowed a
period of one month, at least, to vacate the building and such occupant shall
thereupon comply with that order:
it.
(2)
If the notice mentioned in the third proviso to
sub-section (1) cannot be served on the occupant personally, affixation of the
notice on a conspicuous part of the building or service by means of a
proclamation or by means of a notice in the official Gazette and local press
shall be deemed to be sufficient service for the purpose of this section.
(3)
Where the Provincial Government has requisitioned any
building under sub-section
(1) it may use or
deal with it in such manner as may appear to it to be expedient.
4.
Release from
requisition. — (1) Where any building requisitioned under section 3 is to
be released from requisition, the Provincial Government may, after making such
inquiry, if any, as it considers necessary, specify by order in writing the
person to whom possession of the building shall be given.
(2)
The delivery of possession of the building to the
person specified in an order made under sub-section (1) shall be a full
discharge of the Government from all liability in respect of the property which
any other person may be entitled, by due process of law, to enforce against the
person to whom possession of the building is so delivered.
(3)
Where the person to whom possession of any building is
to be given cannot be found and has no agent or other person empowered to
accept delivery on his behalf, the Government shall cause a notice declaring
that the building is released from requisition to be published in the official
Gazette and to be affixed on some conspicuous part of the property.
(4)
When a notice referred to under sub-section (3) is
published in the official Gazette, the building specified in the notice shall
cease to be subject to requisition on and from the date of such publication and
shall be deemed to have been delivered to the person entitled to the possession
thereof, and the Government shall not be liable for any compensation or other
claim in respect of the building for any period after the said date.
(5)
When any building is released from requisition it shall
be restored to the owner in the same condition in which it was requisitioned
unless the owner agrees in writing, to receive it with any additions or
structural alterations or improvements made by the Provincial Government.
5.
Repairs and
additions to requisitioned buildings.— (1) The ordinary repairs to the
building shall be carried out by and at the expense of the Provincial
Government and the owner shall not be required to contribute towards the cost
of such repairs nor shall the cost thereof be deducted out of the compensation
awarded.
(2)
The special repairs shall be carried out by the owner.
If he neglects to do so, the Provincial Government shall be competent to direct
by an order that the necessary repairs may be carried out by the said
Government’s own officers and that the cost thereof may be deducted from the
compensation payable under section 6:
Provided that no
such direction shall be given except after such notice to the owner as the
Provincial Government considers reasonable:
Provided further
that if the need for effecting repairs is so urgent that in the opinion of the
Provincial Government, for reasons to be recorded, a notice to the owner will
result in further deterioration of the condition of the building, the direction
for carrying out the necessary repairs may be given without such notice.
(3)
If the owner is dissatisfied by an order passed under
sub-section (2) or disputes the amount claimed to have been spent on such
repairs, he may, by an application, refer the matter to the arbitrator
appointed under section 6 and the latter shall, after holding such inquiry as
may be deemed necessary, pass such orders as the circumstances of the case
require. The order passed by an arbitrator shall be final and conclusive
between the parties and no separate appeal shall lie against it, but it shall
be liable to be challenged by means of an application given by the owner or the
Provincial Government to the High Court, if any proceedings with regard to the
building are pending in that Court under section 6.
(4)
The Provincial Government may, if it considers
necessary or expedient, make additions or structural alterations or
improvements to the building at its own cost, with previous approval of the
owner obtained in writing. The owner shall not be liable to contribute towards
the cost of such additions or structural alterations or improvements nor shall
the amount so spent be deducted out of the compensation awarded. The owner
shall not be allowed any increase in compensation on account of such additions
or structural alterations or improvements.
6.
Compensation
to be assessed in accordance with certain principles.— (1) Where any
building is requisitioned there shall be paid to the owner compensation for its
use and occupation, and the amount thereof shall be determined in the manner
and in accordance with the principles hereinafter set out:-
(a)
Where the amount of compensation can be fixed by
agreement it shall be paid in accordance with such agreement.
(b)
Where no such agreement can be reached the Provincial
Government shall by a general or special order, for any case or class of cases,
[14][15]appoint as arbitrator a person qualified
under [15][16][Article 193] of the Constitution for
appointment as a Judge of a High Court.
(c)
The Provincial Government may, in any particular case,
nominate a person having expert knowledge as to the nature of the building
requisitioned to assist the arbitrator and where such nomination is made, the
owner may also nominate an assessor for the said purpose.
(d)
At the commencement of the proceedings before the
arbitrator the Provincial Government and the owner shall state what, in their
respective opinions, is a fair amount of compensation.
(e)
The arbitrator in making his award shall take into
consideration the following factors
—
(i)
in the case of a building which was in existence before
the 1st January, 1939, the rent of the same or of similar accommodation in
similar circumstances prevailing in the locality during 12 months prior to the
1st January, 1939;
(ii)
in the case of a building which was constructed after
the 1st January, 1939, the rent at which such building was let out for the
first time after its construction or the rent of similar accommodation in
similar circumstances prevailing in the locality during 12 months prior to the
construction of that building;
(iii)
if the building was constructed after the 14th August,
1947, the initial cost of construction of that building.
(3)
If the building was constructed after the 14th August,
1947, the compensation awarded shall in no case, after deducting the taxes and
insurance premium for insurance against fire and earthquake, be less than [16][eight] per
centum or exceed in amount [17][ten]
per centum per annum of the initial cost of the construction of that building.
(4)
An appeal shall lie to the High Court against an award
of an arbitrator.
(5)
Save as provided in this section and in any rules made
under this Act nothing in any law for the time being in force shall apply to
the arbitration under this section.
(6)
An award given by the arbitrator, subject to the result
of the appeal, if any, shall be conclusive and final between the parties and
shall not be called into question by means of a suit or otherwise except as
provided by this Act.
(7)
The award may, on an application being filed in the
Court, be executed as if it were a decree of a civil court.
7.
Payment of
compensation. — As soon as possible after an order of requisition is
passed, the Provincial Government shall determine the amount of compensation
payable monthly to the owner for the use and occupation of the requisitioned
building and deposit by the 5th of each succeeding month such compensation in
the Court and if the amount of compensation assessed is enhanced by the
arbitrator or by the High Court on appeal, the excess amount shall also be
similarly deposited. In case the amount is not deposited within a period of
three months from the date of requisitioning or the date of the order of the
arbitrator or of the High Court, as the case may be, the Provincial Government
shall be liable to pay interest on the principal amount at the rate of six per
centum per annum till the date of deposit or payment, as the case may be.
8.
Power to
obtain information.— (1) The Provincial Government may with a view to
carrying out the purposes of sections 4 and 6, 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 building as may be so specified.
(2)
If any person fails to furnish any information required
by an order under sub-section (1) or furnishes any information which is false
and which he either knows or has reasonable cause to believe to be false or
does not believe to be true he shall be punished with imprisonment which may
extend to one year or with fine, or with both.
9.
Power to
give effect to orders.— The Provincial Government may take or cause to be
taken such steps and use or cause to be used such force as may, in the opinion
of that Government be reasonably necessary, for securing compliance with any
order made by it under this Act.
10.
Delegation
of functions. — The Provincial Government may by order[18] notified in
the official Gazette, direct that any power conferred or any duty imposed on it
by this Act 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.
11.
Exemption
from legal processes.— (1) No injunction or an order for ejectment,
delivery of possession or appointment of a receiver in respect of any building
which has been requisitioned under this Act shall be granted or made by any
Court or by any other authority.
(2)
No order made in exercise of any power conferred by or
under this Act shall be called in question in any Court.
(3)
Where an order purports to have been made and signed by
any authority in exercise of any power conferred by or under this Act it shall
be presumed that such an order was so made by that authority.
12.
Protection
of actions under this Act.— (1) No suit, prosecution or other legal
proceedings shall lie against any person for anything which is, in good faith,
done or intended to be done in pursuance of this Act or any order made
thereunder.
(2)
Save as otherwise expressly provided under this Act no
suit or other legal proceedings shall lie against the 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 Act or any order made thereunder.
13.
Power to
make rules. — (1) The Provincial Government may make rules for the purposes
of carrying into effect the provisions of this Act.
(2)
In particular and without prejudice to the generality
of the foregoing power, such rules may prescribe—
(a)
the procedure to be followed in arbitrations and other
proceedings under this Act;
(b)
the principles to be followed in apportioning the cost
of any proceedings mentioned in clause (a) above, and of appeals.
14.
Repeal of
certain Acts and Ordinance. — (1) The following enactments are hereby
repealed:-
(5)
The Punjab Requisitioning of Immovable Property
(Temporary Powers) Ordinance,
[25][(6) The Khairpur State Premises (Requisition and
Eviction) Act, 1947.]
(2)
Notwithstanding the repeal of the enactments mentioned
in sub-section (1) everything done, action taken, obligation, liability,
penalty or punishment incurred, inquiry or proceeding conferred, officer
appointed or person authorised, jurisdiction or powers coffered, rule made and
order issued under any of the provisions of the said enactments shall, if not
inconsistent with the provisions of this Act, be continued and, so far as may
be, be deemed to have been respectively done, taken, incurred, commenced,
appointed, authorised, conferred, made or issued under this Act.
[1] This Act was passed by the
W.P. Assembly on 4th June, 1956; assented to by the Governor of W.P. on 30th
June, 1956; and, published in the W.P. Gazette (Extraordinary), dated: 30th
June, 1956, pages 539-46.
[2] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O., 1 of 1974), for “West Pakistan
Requisitioning of Immovable Property (Temporary
Powers) Act, 1956.”
[3] Substituted, ibid., for the words “West Pakistan”.
[4] The words “Federal Capital
and”, deleted by the West Pakistan Requisitioning of Immovable Property
(temporary Powers) (Amendment) Ordinance, 1962 ( XIX of 1962). 5Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “West Pakistan”.
[5] Substituted by the West
Pakistan Requisitioning of Immovable Property (Temporary Powers) (Amendment)
Ordinance, 1959 (II of 1959), for “its officers or offices”.
[6] Inserted by the Punjab
Requisitioning of Immovable Property (Temporary Powers) (Amendment) Act, 1976
(XII of 1976).
[7] [8]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “Central
Government”.
[8]
Ibid.
[10] The words “or imparting
education”, deleted by the Punjab Requisitioning of Immovable Property
(Temporary Powers) (Amendment) Act, 1976 (XII of 1976).
[11]
Added ibid.
[12] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “Central Government”.
[13] Inserted by the West
Pakistan Requisitioning of Immovable Property (Temporary Powers) (Amendment)
Act, 1957 (XVIII of 1957), section 2.
[14] All such Additional
District Judges in the Province of West Pakistan (except the Federal Capital)
as are qualified for appointment as Judge of a High Court are to be arbitrators
for the purposes of sections 5 and 6, with respect to requisitioned buildings
situated within their respective jurisdiction, see Gazette of West Pakistan (1958), Extraordinary, p. 1703.
[15] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for “Article 167”.
[16] Substituted,
respectively, for “five” by the Punjab Requisitioning of Immovable Property
(Temporary Powers) (Amendment) Act, 1977 (VI of 1977).
[17] Substituted ibid., for “six”.
[18] For delegation of powers
under this section, see Gazette of
West Pakistan, 1957, Pt. I, p. 350.
[19] Sind V of 1947.
[20] Sind XLVI of 1947.
[24] [25]Full-stop at the end of clause (5) substituted by a
semi-colon and new clause (6) added by the West Pakistan Requisitioning of
Immovable Property (Temporary Powers) (Amendment) Act, 1957 (XVIII of 1957),
section 3, effective from 30th June, 1956.
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