Cantonments (Requisitioning of Immoveable Property) Ordinance, 1948

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THE CANTONMENTS (REQUISITIONING OF IMMOVEABLE 
PROPERTY) ORDINANCE, 1948 
 
 
 
 
                                                        CONTENTS 
1.  Short titles and commencement 
2.   
2A. [Omitted] 
3.   
4.   
5.   
5 A.   
6.   
7.   
8.   
  
 
 

 
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THE CANTONMENTS (REQUISITIONING OF IMMOVEABLE PROPERTY) 
ORDINANCE, 1948 
ORDINANCE NO. IV OF 1948 
[28th January, 1948] 
 WHEREAS an emergency has arisen which makes it nece ssary to requisition immoveable 
property within the limits of Cantonments for purposes other than of the Cantonment Boards. 
 NOW, THEREFORE, in exercise of the powers conferred by section 42 of the Government of 
India Act, 1935 (26 Geo. 5.,c.2.) [as adapted by the Pakistan (Provisi onal Constitution) Order, 1947 
(O. 22 of 1947)] and of all other powers enabling him in that behalf, the Governor-General is pleased 
to make and promulgate the following Ordinance:__ 
 1. Short title and commencement .___(1) This Ordinance may be cited as “The Cantonments 
(Requisitioning of Immoveable Property) Ordinance, 1948”. 
 (2) It shall come into force at once and shall remain in force ti ll it is withdrawn or ceases to 
operate. 
 (3) It extends to all the Cantonments excluding places of re ligious worship therein, in the 
territories of Pakistan. 
 2..___(1) If in the opinion of the 1[Federal Government] it is necessary or expedient so to do, 
the 1[Federal Government] may by o rder in writing requisition any immoveable property (excluding 
the places of religious worship) and may make such furth er orders as appear to it to be necessary or 
expedient in connection with requisitioning. 
 (2) Where the 1[Federal Government] has requisitioned an y immoveable property under the 
preceding sub-section it may use or deal with the property in such manner as it thinks fit. 
 2A. 2[Omitted] 
 3. ___(1) Where any property requisitioned under section 2 is to be released from requisition, 
the 1[Federal Government] may after making such inquiry, if any, as it considers necessary, specify by 
order in writing, the person to whom possession of the property shall be given. 
 (2) The delivery of possession of the property 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 such delivery 
but shall not prejudice any rights 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 property is so delivered. 
 
 
 
1Subs. by F.A.O., 1975.  
2Omitted by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and Sch II. 
 
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 (3) Where the person to whom possession of any property is to b e 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 property is released from requisitioning 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 publish ed in the official Gazette, the 
property specified in the notice shall cease to be subject to requisitioning 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 property 
for any period after the date of the said notification. 
 4. Where any immoveable property is requisitioned under this Ordinance, there shall be paid 
compensation the amount of which shall be determined in the manner and in accordance with the 
principles hereinafter set out, that is to say____ 
(a)  Where the amount of compensation can be fixed b y agreement it shall be paid 
in accordance with such agreement. 
(b)  Where no such agreement can be reached the 1[Federal Government] shall under 
the rules to be framed by it, under this  clause fix a reasona ble amount of 
compensation. The rules so framed specifying the principles on which and t he 
manner in which compensation is to be determined shall be notified in the 
official Gazette. 
(c)  The compensation fixed by the 1[Federal Government] under clause (b) above 
shall be final and no suit or appeal shall lie against Government before any court 
of law in that behalf. 
 5.___(1) The 1[Federal Government] may, with a view  to carrying out the purposes of this 
Ordinance, 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 immoveable property as may be so specified. 
 (2) If any person fai ls to furnish the information req uired by order under sub -section (1) or 
furnishes any information which is false and which he either knows or has reason to believe to be false 
or does not believe to be true shall be punishable with imprisonment with a term which may extend to 
six months or with fine up to five hundred rupees or with both.  
 2[5A. The 1[Federal Government]  may make rules for carry ing out the purposes of this 
Ordinance.] 
 6. The 1[Federal Government] may take or cause to be taken such steps and use or caused to be 
used such forc e as may in the opinion of that Government be reasonably necessary for securing 
compliance with any order made by it under this Ordinance. 
 
 
 
1Subs. by F.A.O., 1975. 
2 Ins. by Ordinance No. LVII of 1959, s.3. 
 
 
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 7. The 1[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.___(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 Ordinance or any rules or order 
made thereunder. 
 (2) No suit or other legal proceedings shall lie against the Government for any damage caused 
or likely to be cau sed by anything in good faith done or intended to be done in pursuance of this 
Ordinance or any order made thereunder. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RGN Date: 04-06-2024 
1Subs. by F.A.O., 1975.