West Pakistan Requistioned Land (Continuance) Act, 1958

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THE WEST PAKISTAN REQUISITIONED LAND 
(CONTINUANCE) ACT, 1958 
 
 
 
 
CONTENTS 
Preamble 
1. Short title, extent and commencement 
2. Definitions 
3. Continuance of requisitions 
4. Release from requisition 
5. Powers to acquire requisitioned land 
6. Payment of compensation 
7. Power to obtain information 
8. Delegation of functions 
9. Protection of action taken under the Act 
10. Repeal and Saving 
  
 

 
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THE WEST PAKISTAN REQUISITIONED LAND (CONTINUANCE) ACT, 
1958 
WEST PAKISTAN ACT No. XXX of 1958 
[19th April, 1958] 
AN  
ACT 
to provide for the continuance of certain powers in relation to requisitioned land. 
Preamble. WHEREAS it is expedient to provide for the continuance of certain powers in 
relation to requisitioned land; 
It is hereby enacted as follows :__ 
1. Short title, extent and commencement . (1) This Act may be called the  West Pakistan 
Requisitioned Land (Continuance) Act, 1958. 
(2) It extends to the whole of West Pakistan, except 1[* * *] 2[the Tribal Areas]. 
(3) It shall come into force at once. 
2. Definitions. In this Act, unless there is anything repugnant in the subject or context__ 
(i) “Government” means the Government of West Pakistan ; 
(ii) “Requisitioned land” means immovable property requisitioned under the rules 
made under the Defence of India Act, 1939 , which immediately before the 
commencement of this Act continues to be under requisition; and 
(iii) “State” means the 2[Federal] or the Provincial Government, as the case may be, 
for whom any land has been requisitioned or is acquired. 
3. Continuance of requisitions. Notwithstanding the expiration of the Defence of India Act, 
1939 (XXXV of 1939) , and the rules made thereunder, the repeal of the Requisitioned Land 
(Continuance of Powers) Ordinance, 1946  (XIX of 1946) , the repeal of the Requisitioned Land 
(Continuance o f Powers) Act, 1947  (XVII of 1947) , the expiration of the Requisitioned Land 
(Continuance of Powers) Ordinance, 1955  (XI of 1955) , and the expiry of the West Pakistan 
Requisitioned Land (Continuance of Powers) Act, 1957  (West Pakistan Act II of 1957) , all 
requisitioned lands shall continue to be subject to requisition and the Provincial Government may use 
or deal with any requisitioned land in such manner as may appear to it to be expedient: 
Provided that the Provincial Government may at any time release fr om requisition any 
requisitioned land. 
 
 
1Omitted by W.P. Ordinance No. XXXI of 1962, s. 2. 
2Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.  
 
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4. Release from requisition . (1) Where any requisitioned land is to be released from 
requisition, the Government may, after making such inquiry, if any, as it considers necessary, specify 
by order in writing the person to whom possession of the land shall be given. 
(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 State 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 so delivered. 
(3) When the person to whom possession of any requisitioned land is to be given cannot be 
found and has no agent or other pers on empowered to accept delivery on his behalf, the Government 
shall cause a notice declaring that the land is released from requisition to be affixed on some 
conspicuous part of land and publish the notice in the Official Gazette. 
(4) When a notice referre d to in sub -section (3) is published in the Official Gazette, the land 
specified in such notice shall cease to be subject to requisition on and from the date of such publication 
and be deemed to have been delivered to the person entitled to possession ther eof; and the State shall 
not be liable for any compensation or other claim in respect of the land for any period after the said 
date. 
5. Powers to acquire requisitioned land . (1) Subject to the provision of sub -section (3), the 
Government may, 1[* * * *], at any time when any requisitioned land continues to be subject to 
requisition under section 3, acquire such land by publishing in the Official Gazette a notice to this 
effect. 
(2) When a notice as aforesaid is published in the Official Gazette, the requisitioned land, shall 
on and from the beginning of the day on which the notice is so published, vest absolutely free from all 
encumbrances in the 1[* * *] Government, as the case may be, and the period of requisition of such 
land shall end. 
(3) No requis itioned land shall be acquired under this section except in the following 
circumstances, namely__ 
(a) where any works have, during the period of requisition, been constructed on, in 
or over the land wholly or partly at the expense of the State and it is considered 
necessary by the State that the value of, or the right to use, such works should 
be reserved or secured for the purposes of the State; or 
(b) where the cost of restoring the land to its condition at the time of its requisition 
would, in the determination of the State, be excessive having regard to the value 
of the land at that time and the owner declines to accept the release from 
requisition of the land without payment of compensation. 
Explanation__ “Works” includes buildings, structures and improvements of every description. 
(4) Any decision or determination of the State under sub-section (3) shall be final and shall not 
be called in question in any Court. 
 
 
1Omitted by the West Pakistan Laws (Adaptation) Order, 1964, Art. 2 and Sch. (w. e. f. 08-06-1962).  
 
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6. Payment of compensation. (1) In respect of the continued subjection of requisitioned land 
to requisition under this Act, compensation shall be determined and paid in accordance with the 
provisions of section 19 of the Defence of India Act, 1939  (XXXV of 1939), and of the rules ma de 
thereunder : 
Provided that for the words 1[Federal Government] wherever occurring in the said section and 
the rules the words “Provincial Government” shall be deemed to have been substituted for the purpose 
of this section : 
Provided further that all agreements and awards under the said section in respect of the payment 
of compensation for the period of requisition before the expiry of the said Act shall continue to be in 
force and shall apply to the payment of compensation for the period of requisition after such expiry. 
2[(2) In respect of any acquisition of requisitioned land under this Act, the amount of 
compensation payable shall be determined in accordance with the provisions of the Land Acquisition 
Act, 1894.] 
(3) For the purposes of sub-section (1) all the provisions of the aforesaid section 19 and of the 
rules made thereunder, as amended by this section, shall be deemed to be continuing in force. 
7. Power to obtain information . (1) The Government may, with a view to carrying out the 
purposes of sections 3 to 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 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, 1860 (XLV of 1860). 
8. Delegation of f unctions. The Government may, by order 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 order, be exercised or  discharged by such 
officers as may be so specified. 
9. Protection of action taken under the Act. (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 Act or order made thereunder. 
(2) No suit or other legal proceeding shall lie against the State 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. 
10. Repeal and Saving. (1) The West Pakistan Requisitioned Land (Continuance) Ordinance, 
1958, is hereby repealed. 
(2) Notwithstanding the expiry of the West Pakistan Requisitioned Land (Continuance of 
Powers) Act, 1957, everything done, action taken, obligation, liability or penalty incurred, power 
conferred or exercised, orders issued under the said Act and everything deemed to have been done in 
exercise of the powers conferred by or under the said Act, shall be continued and be deemed t o have 
been respectively done, taken, incurred, conferred, exercised or issued under this Act. 
                            RGN Date: 12-09-2025 
1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.  
2Subs. by W.P. Ordinance No. XXXI of 1962, s. 3.