PUNJAB LAND DISPOSITIONS (SAVING OF SHAMILAT) ORDINANCE, 1959
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THE PUNJAB LAND DISPOSITIONS (SAVING OF SHAMILAT) ORDINANCE, 1959 (I of 1959)
TEXT 1THE 2[PUNJAB] LAND DISPOSITIONS (SAVING OF SHAMILAT) ORDINANCE, 1959 (I of 1959) [27 January 1959] An Ordinance to provide for a uniform interpretation of general expressions with regard to disposition of “Shamilat” lands in the Province of 3[the Punjab]. Preamble.– WHEREAS it is expedient to provide for a uniform interpretation of general expressions with regard to disposition of “Shamilat” lands in the Province of 4[the Punjab];
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and in exercise of all powers enabling him in that behalf the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:–
Section 1. Short title and extent
(1) This Ordinance may be called the 5[Punjab] Land Dispositions (Saving of Shamilat) Ordinance, 1959.
6[(2) It extends to the whole of the Province of 7[the Punjab], except the Tribal Areas.]
Section 2. Definition
In this Ordinance, unless there is anything repugnant in the subject or context, the expression “Shamilat” means land described as such in the Record of Rights, and the land so described, shall be deemed to be Shamilat, notwithstanding that the whole or a part of it is in the possession of one or more of the proprietors in the estate, or of any other person.
Section 3. Shamilat not included in disposition of land unless specifically mentioned as subject matter of the disposition
(1) Notwithstanding any law, usage or custom to the contrary, in any disposition of land, whether testamentary or
1This Ordinance was promulgated by the Governor of West Pakistan on January 23, 1959, published in the Gazette of West Pakistan (Extraordinary), dated January 27, 1959, pp. 55-56, saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 19.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 18.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 19.
otherwise, effected by the maker by means of a writing or orally and whether made before or after the commencement of this Ordinance, words or phrases of a general nature, purporting to convey rights or interests, incidental, contingent, or collateral, to that land, shall not be so construed as to include therein the Shamilat or any portion thereof appurtenant to such land, unless such Shamilat or a portion thereof has been specifically mentioned as the subject matter of the disposition.
(2) This section shall not affect any decision of a competent court or authority given before the commencement of this Ordinance:–
(a) if it is not open to review, appeal or revision or
(b) if it is so open, no such proceedings have been taken, and the decision has consequently become conclusive between the parties.
Section 4. Repeal
The Punjab Land Dispositions (Saving of Shamilat) Act, 1951 1 is hereby repealed.
1Pb. Act IV of 1951.
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CONTENTS 1. Short title and extent. 2. Definition. 3. Shamilat not included in dispo sition of land unless specifically mentioned as subject matter of the disposition. 4. Repeal.
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THE PUNJAB LAND DISPOSITIONS (SAVING OF
SHAMILAT) ORDINANCE, 1959
(I of 1959)
CONTENTS
1. Short title and extent.
2. Definition.
3. Shamilat not included in dispo sition of land unless specifically
mentioned as subject matter of the disposition.
4. Repeal.
TEXT
1
THE
2
[PUNJAB] LAND DISPOSITIONS (SAVING OF SHAMILAT)
ORDINANCE, 1959
(I of 1959)
[27 January 1959]
An
Ordinance
to provide for a uniform interpretation of general expressions with regard to
disposition of “Shamilat” lands in the Province of
3
[the Punjab].
Preamble.– WHEREAS it is expedient to provide for a uniform interpretation of
general expressions with regard to dispositio n of “Shamilat” lands in the Province of
4
[the Punjab];
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th
day of October, 1958, and in exercise of all powers enabling him in that behalf the
Governor of West Pakistan is pleased to ma ke and promulgate the following
Ordinance:–
1. Short title and extent.– (1) This Ordinance may be called the
5
[Punjab] Land
Dispositions (Saving of Shamilat) Ordinance, 1959.
6
[(2) It extends to the whole of the Province of
7
[the Punjab] , except the
Tribal Areas.]
2. Definition.– In this Ordinance, unless there is anything repugnant in the
subject or context, the expression “Shamilat” means land described as such in the
Record of Rights, and the land so described, shall be deemed to be Shamilat,
notwithstanding that the whole or a part of it is in the possession of one or more of
the proprietors in the estate, or of any other person.
3. Shamilat not included in disposition of land unless specifically
mentioned as subject matter of the disposition .– (1) Notw ithstanding any law,
usage or custom to the contrary, in any disposition of land, whether testamentary or
1This Ordinance was promulgated by the Governor of West Pakistan on January 23, 1959, published in the Gazette of West
Pakistan (Extraordinary), dated January 27, 1959, p p. 55-56, saved and given permanent effect by Article 225 of the
Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973) ,
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 (1) read with
Schedule, Part III, Serial No. 19.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 18.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973) ,
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 (1) read with
Schedule, Part III, Serial No. 19.
otherwise, effected by the maker by means of a writing or orally and whether made
before or after the commencement of this Ordinance, words or phrases of a general
nature, purporting to convey rights or interests, incidental, contingent, or collateral, to
that land, shall not be so construed as to include therein the Shamilat or any portion
thereof appurtenant to such land, unless such Shamilat or a portion thereof has been
specifically mentioned as the subject matter of the disposition.
(2) This section shall not affect any decision of a competent court or
authority given before the commencement of this Ordinance:–
(a) if it is not open to review, appeal or revision or
(b) if it is so open, no such proceedings have been taken, and the decision
has consequently become conclusive between the parties.
4. Repeal.– The Punjab Land Dispositions (Saving of Shamilat) Act, 1951
1
is
hereby repealed.
1Pb. Act IV of 1951.This law in the library
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Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB LAND DISPOSITIONS (SAVING OF SHAMILAT) ORDINANCE, 1959
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West Pakistan on January 23, 1959, published in the Gazette of West Pakistan (Extraordinary), dated January 27, 1959, p p. 55-56, saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973) , published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, A
Target heading · Constitution of the Islamic Republic of Pakistan
225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
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