PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969
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THE PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969 (XXXI of 1969)
TEXT 1THE PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969 (XXXI of 1969) [5th November, 1969] An Ordinance to validate the amendments made in the Punjab Tenancy (Amendment) Rules, 1953, in respect of extension of the period for payment of compensation by occupancy tenants and to further extend such period. Preamble.– WHEREAS the Punjab Tenancy (Amendment) Rules, 1953, framed under sections 114 and 115 of the Punjab Tenancy Act, 1887, prescribed a period of two years from the date of issue of the said rules, within which occupancy tenants were entitled to pay compensation for acquiring proprietary rights in their tenancies;
AND WHEREAS the said period of two years was extended from time to time, by amendments made in the said rules, upto 30th June, 1960;
AND WHEREAS doubts have arisen as to the validity of the said amendments;
AND WHEREAS it is expedient to validate the amendments in the said rules extending upto 30th June, 1960, the period within which the occupancy tenants were entitled to pay compensation for acquiring proprietary rights in their tenancies;
AND WHEREAS it is expedient to further extend the period for payment of compensation by occupancy tenants who failed to do so;
NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, 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 commencement
(1) This Ordinance may be called the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) Ordinance, 1969.
(2) It shall come into force at once.
Section 2. Validation of extension of period of compensation under section 114, Act XVI of 1887
Notwithstanding anything contained in section 107 of the Punjab Tenancy Act, 1887 (Act XVI of 1887)–
(a) the period for the payment of compensation by occupancy tenants for acquiring proprietary rights prescribed under the Punjab Tenancy
1This Ordinance was promulgated by the Governor of West Pakistan on 31st October, 1969; published in the West Pakistan Gazette (Extraordinary), dated 5th November, 1969, pages 1971-73; saved by Article 281 of the Interim Constitution of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).
(Amendment) Rules, 1953, shall be deemed to have been validly extended upto 30th June, 1960; and
(b) any compensation paid, rights acquired or liabilities incurred by or before the said date in accordance with the said rules, shall be deemed to have been validly paid, acquired or incurred, as the case may be.
Section 3. Extension of period for payment of compensation
Notwithstanding anything contained in section 114 of the Punjab Tenancy Act, 1887 (Act XVI of 1887), and rules 3 and 4 of the Punjab Tenancy (Amendment) Rules, 1953, or any judgment, decree or order of any Court or other authority, it shall be lawful for any person who occupied land as occupancy tenant at the time of the coming into force of the Punjab Tenancy (Amendment) Act, 1952 (Punjab Act VII of 1952), but who failed to pay compensation to the landlord in accordance with the provisions of the said rules 3 and 4, to acquire proprietary rights in the whole or a portion, as the case may be, of the land comprised in his tenancy, on payment of such compensation 2[on or before the thirty-first day of December, 1996] 3[:]
4[Provided that when in any legal proceeding it is decided by any Court that any person has a right of occupancy, such person may pay the compensation within six months of the decision of such proceeding or before the 30th July, 1972, whichever is later.]
2Substituted for the words, brackets, comma and figure “within two years from the date of the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) (Amendment) Act, 1987 comes into force” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) (Amendment) Act, 1992 (XII of 1992), w.e.f. 10.11.1992, s.2; and published in the Punjab Gazette (Extraordinary), which were firstly substituted for the words and comma “on or before thirty-first day of December, 1977” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation)
(Amendment) Act, 1987 (IV of 1987), w.e.f. 31.12.1977, s.2; and published in the Punjab Gazette (Extraordinary), dated 8.11.1987, which were secondly substituted for words “within a period of one year from the date of publication of this Ordinance in the Official Gazette” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation)
(Amendment) Act, 1977 (III of 1977), w.e.f. 27.12.1976, s.2; and published in the Punjab Gazette (Extraordinary), dated 14.6.1977, pages 813-814. 3Replaced for the “full-stop” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation)
(Amendment) Ordinance, 1972 (I of 1972), w.e.f. 5.11.1969, s.2; and published in the Punjab Gazette (Extraordinary), dated 24.1.1972, pages 55-56.
4Added by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) (Amendment) Ordinance, 1972 (I of 1972), w.e.f. 5.11.1969, s.2; and published in the Punjab Gazette (Extraordinary), dated 24.1.1972, pages 55-56.
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CONTENTS 1. Short title and commencement 2. Validation of extension of period of comp ensation under section 114, Act XVI of 1887 3. Extension of period for payment of compensation
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THE PUNJAB TENANCY (VALIDATION AND EXTENSION
OF PERIOD FOR PAYMENT OF COMPENSATION)
ORDINANCE, 1969
(XXXI of 1969)
CONTENTS
1. Short title and commencement
2. Validation of extension of period of comp ensation under section 114,
Act XVI of 1887
3. Extension of period for payment of compensation
TEXT
1
THE PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD
FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969
(XXXI of 1969)
[5th November, 1969]
An
Ordinance
to validate the amendments made in the Punjab Tenancy (Amendment) Rules, 1953,
in respect of extension of the period for payment of compensation by occupancy
tenants and to further extend such period.
Preamble.– WHEREAS the Punjab Tenancy (Amendment) Rules, 1953, framed
under sections 114 and 115 of the Punjab Tenancy Act, 1887, prescribed a period of
two years from the date of issue of the said rules, within which occupancy tenants
were entitled to pay compensation for acquiring proprietary rights in their tenancies;
AND WHEREAS the said period of two years was extended from time to time,
by amendments made in the said rules, upto 30th June, 1960;
AND WHEREAS doubts have arisen as to the validity of the said
amendments;
AND WHEREAS it is expedient to validate the amendments in the said rules
extending upto 30th June, 1960, the period within which the occupancy tenants were
entitled to pay compensation for acquiring proprietary rights in their tenancies;
AND WHEREAS it is expedie nt to further extend the period for payment of
compensation by occupancy tenants who failed to do so;
NOW, THEREFORE , in pursuance of the Martial Law Proclamation of 25th
March, 1969, read with the Provisional Constitution Order, 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:–
1. Short title and commencement. – (1) This Ordinance may be called the
Punjab Tenancy (Validation and Extension of Period for Payment of Compensation)
Ordinance, 1969.
(2) It shall come into force at once.
2. Validation of extension of period of compensation under section 114,
Act XVI of 1887. – Notwithstanding anything contained in section 107 of the Punjab
Tenancy Act, 1887 (Act XVI of 1887)–
(a) the period for the payment of compensation by occupancy tenants for
acquiring proprietary rights prescribed under the Punjab Tenancy
1This Ordinance was promulgated by the Governor of West Pakistan on 31st October, 1969; published in the West Pakistan
Gazette (Extraordinary), dated 5th November, 1969, pages 1971 -73; saved by Article 281 of the Interim Constitution of
Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).
(Amendment) Rules, 1953, shall be deemed to have been validly
extended upto 30th June, 1960; and
(b) any comp ensation paid , rights acquired or liabilities incurred by or
before the said date in accordance with the said rules, shall be deemed
to have been validly paid, acquired or incurred, as the case may be.
3. Extension of period for payment of compensation. – Notwithstanding
anything contained in section 114 of the Punjab Tenancy Act, 1887 (Act XVI of
1887), and rules 3 and 4 of the Punjab Tenancy (Amendment) Rules, 1953, or any
judgment, decree or order of any Court or other authority , it shall be lawful for an y
person who occupied land as occupancy tenant at the time of the coming into force
of the Punjab Tenancy (Amendment) Act, 1952 (Punjab Act VII of 1952), but who
failed to pay compensation to the landlord in accordance with the provisions of the
said rules 3 and 4, to acquire proprietary rights in the whole or a portion, as the case
may be, of the land comprised in his tenancy, on payment of such compensation
2
[on
or before the thirty-first day of December, 1996]
3
[:]
4
[Provided that when in any legal proce eding it is decided by any Court that
any person has a right of occupancy , such person may pay the compensation within
six months of the decision of such proceeding or before the 30th July, 1972,
whichever is later.]
2Substituted for the words, brackets, comma and figure “within two years from the date of the Punjab Tenancy (Validation and
Extension of Period for Payment of Compensation) (Amendment) Act, 1987 comes into force” by the Punjab T enancy
(Validation and Extension of Period for Payment of Compensation) (Amendment) Act, 1992 (XII of 1992), w.e.f. 10.11.1992,
s.2; and published in the Punjab Gazette (Extraordinary), which were firstly substituted for the words and comma “on or before
thirty-first day of December, 1977” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation)
(Amendment) Act , 1987 (IV of 1987), w.e.f. 31.12.1977 , s.2; and published in the Punjab Gazette (Extraordinary) , dated
8.11.1987, which were secondly substituted for words “within a period of one year from the date of publication of this Ordinance
in the Official Gazette” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compe nsation)
(Amendment) Act, 1977 (III of 1977), w.e.f. 27.12.1976, s.2; and published in the Punjab Gazette (Extraordinary), dated
14.6.1977, pages 813-814.
3Replaced for the “full -stop” by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation)
(Amendment) Ordinance, 1972 (I of 1972), w.e.f. 5.11.1969, s.2; and published in the Punjab Gazette (Extraordinary), dated
24.1.1972, pages 55-56.
4Added by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) (Amendment) Ordinance,
1972 (I of 1972), w.e.f. 5.11.1969, s.2; and published in the Punjab Gazette (Extraordinary), dated 24.1.1972, pages 55-56.This law in the library
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Section 114
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OR PAYMENT OF COMPENSATION) ORDINANCE, 1969 (XXXI of 1969) CONTENTS 1. Short title and commencement 2. Validation of extension of period of comp ensation under section 114, Act XVI of 1887 3. Extension of period for payment of compensation TEXT 1 THE PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969 (XXXI of 1969) [5th November, 1969]
Section 114
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Extension of Period for Payment of Compensation) Ordinance, 1969. (2) It shall come into force at once. 2. Validation of extension of period of compensation under section 114, Act XVI of 1887. – Notwithstanding anything contained in section 107 of the Punjab Tenancy Act, 1887 (Act XVI of 1887)– (a) the period for the payment of compensation by occupancy tenants for acquiring proprietary rights
Provisions explicitly cited in other instruments 2
Section 107 of PUNJAB TENANCY ACT, 1887
Cited by PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969
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2) It shall come into force at once. 2. Validation of extension of period of compensation under section 114, Act XVI of 1887. – Notwithstanding anything contained in section 107 of the Punjab Tenancy Act, 1887 (Act XVI of 1887)– (a) the period for the payment of compensation by occupancy tenants for acquiring proprietary rights prescribed under the Punjab Tenancy 1This Ordinance
Target heading · PUNJAB TENANCY ACT, 1887
107. Rules to be made after previous publication .–
Section 114 of PUNJAB TENANCY ACT, 1887
Cited by PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969
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ed to have been validly paid, acquired or incurred, as the case may be. 3. Extension of period for payment of compensation. – Notwithstanding anything contained in section 114 of the Punjab Tenancy Act, 1887 (Act XVI of 1887), and rules 3 and 4 of the Punjab Tenancy (Amendment) Rules, 1953, or any judgment, decree or order of any Court or other authority , it shall be lawful for an y person who occupied land as occupancy tenant
Target heading · PUNJAB TENANCY ACT, 1887
182 [114. Extinction of occupancy tenancies .– (1) Notwi thstanding anything contained in any law for the time being in force, including this Act, no person shall, after the coming into force of the Punjab Tenancy (Amendment) Act, 1952, acquire or have occupancy rights in any land under any enactment or contract
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