Requisitioned Land (Continuanceof Powers) Ordinance, 1977

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THE REQUISITIONED LAND (CONTINUANCE OF POWERS) 
ORDINANCE, 1977 
 
              
 
          CONTENTS 
1.  Short title, extent and commencement 
2.  Definition 
3.   Continuance of requisitions 
4.  Release from requisition 
5.  Payment of compensation 
6.  Power to obtain information. 
7.  Delegation of functions 
8.  Indemnity 
9.  Savings 
 
 

 
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THE REQUISITIONED LAND (CONTINUANCE OF POWERS) 
ORDINANCE, 1977. 
 
ORDINANCE NO. XXXIII OF 1977 
 
         [15th September, 1977] 
 
An Ordinance to provide for the continuance of certain emergency powers in relation to 
requisitioned land 
 
 WHEREAS it  is expedient to provide, in relation to land which, when the Defence of 
Pakistan  Ordinance,  1 971  (XXX  of  1971)  stands  repealed,  is  subj ect  to  any requisition 
effected under any rule made under the said Ordinance, for the continuance of certain powers 
therefor exercisable under the said Ordinance or the said rules ; 
 
 AND WHEREAS the  President is satisfied that circumstances exist which render it 
necessary to take immediate action; 
 
 NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, 
read  with  the  Laws  (Continuance  in  Force)  Order,  1977 (C.M.L.A order No. 1 of 1977)  and  in  
exercise  of  all  powers enabling him in that behalf, the President is pleased to make and promulgate 
the following Ordinance:— 
 
 1. Short title, extent and commencement.—(1) This Ordinance may be called the 
Requisitioned Land (Continuance of Powers) Ordinance, 1977.  
 
 (2) It extends to the whole of Pakistan. 
 
 (3) It shall come into force at once. 
 
 2. D efinition. In this Ordinance, unless there is anything repugnant in the subject or 
context, “requisitioned land” means immovable property whi ch at the commencement of this 
Ordinance is subject to any requisition effected by or under the authority of the Federal Government 
under the rules made under the Defence of Pakistan Ordinance, 1971 (XXX of 1971). 
 
 3. Continuance of requisitions. Notwithstanding  the  repeal  of  the  Defence  of Pakistan  
Ordinance,  1971 (XXX of  1971)  and  the  rules  made  thereunder,  all  requisitioned  lands  shall 
continue to be subject to requisition and the Federal Government may use  or deal with any 
requisitioned land in such manner as may appear to it to be expedient: 
 
 Provided that the Federal Government may at any .time  release from requisition any 
requisitioned land. 
 
 4. Release from requisition. —(I) Where any requisitioned land is to be released from  
requisition,  the  Federal  Government  may,  after  making such  inqui ry,  if  any,  as  it considers 
necessary, specify by order in writing the person to whom possession of the land shall be given. 
 
 
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 (2) The delivery of possession of the requisitioned land to the person specified in an order 
made under sub-section (1) shall be a full discharge of the Federal Government from all liability in 
respect of such delivery, but shall not prejudice any rights in respect of the land which any other 
person may be entitled by due process of law to enforce against the person to whom possession of 
the land is to be delivered. 
 
 (3) Where the person to whom possession of any requisitioned land is to be given cannot be 
found and has no agent or other person empowered to accept delivery on his b ehalf, the 
Federal Government shall cause a notice declaring that the land is released from requisition to be 
affixed on some conspicuous part of the land and publish the notice in the official Gazette. 
 
 (4) When a notice referred to in sub -section (3) is published in the o fficial Gazette, the land 
specified in such notice shall cease to be subject to requisition on and from the d ate of su ch 
publication and be deemed to have been deliverd to the person entitled to possession thereof; and the 
Federal Government shall not be liable for any compensation or other claim in respect of the land 
for any period after the said date. 
 
 5. Payment of compensation. In respect of the continued subjection of requisitioned land to 
requisition under this Ordinance compensation shall be determined and paid in accordance  with  the  
provisions  of  section  18  of  the  Defence of  Pakistan  Ordinance,1971(XXX of 1971) and of the 
rules made thereunder: 
 
 Provided that all agreements and awards under the s aid section in respect of the p ayment of 
compensation for the  period of requisition before the  commencement of this O rdinance shall 
continue to be in force and shall apply to the payment of compensation for the p eriod of  
requisition after such commencement. 
 
 6. Power to obtain information.—(1) T he Federal Government may, with a vi ew to 
carrying out the purposes of sections 3 to 5, 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 requisitioned land 
as may be specified. 
 
 (2) Every person required to furnish such information as is referred to in sub-section (1) shall 
be deemed to be legally bound to do so within the meaning of sections 176 and 177 of the Pakistan 
Penal Code (Act XLV 1860). 
 
 7. Delegation of functions. The Federal Government may, by order notified in the official 
Gazette, direct that any power conferred or any duty imposed on it by this Ordinance 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. 
 
 8. Indemnity.—(1) No suit, prosecution or other legal proceeding shall lie against any 
person for anything which is in good faith done or intended to be done in pursuance of this  
Ordinance or any rule or order made thereunder. 
 
 (2) No suit or other legal proceeding sh all lie against the Federal 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 Ordinance or any rule or order made thereunder. 
 
 
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 9. Savings. Notwithstanding the repeal of the Defence of Pakistan Ordinance, 1971 (XXX of 
1971) anything done, action taken obligation Or liability incurred, proceeding commenced, and any 
appointment of any person and any rule made under section 18 of the said Ordinance shall, so far as 
it is not inconsistent with the provisions of this  Ordinance, be d eemed to h ave b een do ne, t aken, 
incurred, commenced or made under this Ordinance. 
 
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