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.