PUNJAB REQUISITIONING OF IMMOVABLE PROPERTY (TEMPORARY POWERS) ACT, 1956

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THE PUNJAB REQUISITIONING OF IMMOVABLE 
PROPERTY (TEMPORARY POWERS) ACT, 1956 
(VII of 1956) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Requisitioning of property. 
4. Release from requisition. 
5. Repairs and additions to requisitioned buildings. 
6. Compensation to be assessed in accordance with certain principles. 
7. Payment of compensation. 
8. Power to obtain information. 
9. Power to give effect to orders. 
10. Delegation of functions. 
11. Exemption from legal processes. 
12. Protection of actions under this Act. 
13. Power to make Rules. 
14. Repeal of certain Acts and Ordinance. 
TEXT 
1
THE 
2
[PUNJAB] REQUISITIONING OF IMMOVABLE PROPERTY 
(TEMPORARY POWERS) ACT, 1956 
(VII of 1956) 
[30 June 1956] 
An 
Act 
to provide for the requisitioning of immovable property. 
 WHEREAS it is expedient to make provi sion for temporary requisitioning of 
immovable property; 
It is hereby enacted as follows:– 
1. Short title, extent and commencement .– (1) This Act may be called 
3
[the 
Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1956.] 
 (2) It shall e xtend to the whole of 
4
[the Punjab] except 
5
[* * *] the Special 
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) “Building” means any building or part of a building  and includes any 
land, godowns or out-houses attached to it; 
(ii) “Court” means the principal Court of original civil jurisdiction in the 
district; 
(iii) “Owner” includes the successor-in-interest of an owner, a mortgagee in 
possession and a lessee for a fixed period who has paid rent for the 
whole of that period in advance; 
(iv) “Ordinary repairs” means annual white washing, colour washing and 
such other internal and external repairs as are normally done to a 
building; 
(v) “Special repairs” means any othe r repairs not falling in the definition of 
“ordinary repairs”; and 
                                                           
1This Act was passed by the W.P. Assembly on June  4, 1956, assented to by the Governor of W.P. on  June 30, 1956, and 
published in the W.P. Gazette of West Pakistan (Extraordinary), dated June 30, 1956, pp. 539-546. 
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, Entry No. 2.  
3Substituted for the words “the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) Act, 1956” by the 
Order ibid.  
4Substituted for the words “West Pakistan” by the Order ibid.  
5Omitted the words “the Federal Capital and” by the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) 
(Amendment) Ordinance, 1962 (XIX of 1962), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1962, 
pp. 2135-2136, s. 2. 
(vi) “Provincial Government” means the Government of 
1
[the Punjab]. 
3. Requisitioning of property .– (1) If in the opinion of the Provincial 
Government it is necessary or expedient to requisition any building for the use of any 
of (
2
[the officers or offices 
3
[ or Education Institutions]  of 
4
[Federal Government], the 
Provincial or any corporate body established by or under the authority of 
5
[Federal 
Government] or the Provincial Government]) the Provincial Government may 
6
[, after 
giving the owner thereof an opportunity of being heard and showing cause against 
the proposed action,] by order in writing requisition any building and may make such 
further order as appear to it to be necessary or ex pedients in connection with the 
requisitioning: 
 Provided that no building used for the purpose of religious worship 
7
[* * *] and 
no building situated in a cantonment within the meaning of the Cantonments Act, 
1924, shall be requisitioned under this Act: 
 
8
[Provided further that no building which is used for imparting education 
through the private educational institutions shall be requisitioned:] 
 Provided further that no building which is an evacuee property shall be 
requisitioned except with the prior approval of the Central Government: 
 Provided also that if a building is in occupation of any person, no order for its 
requisitioning shall be passed unless a notice of, at least, two weeks is given to the 
occupant to show cause against the action proposed to  be taken and if and when an 
order of requisitioning is passed, the occupant shall be allowed a period of one 
month, at least, to vacate the building and such occupant shall thereupon comply 
with that order: 
 Provided that no owner in occupation of a 
9
[residential] house shall be 
required to vacate it. 
 (2) If the notice mentioned in the third proviso to sub -section (1) cannot be 
served on the occupant personally, affixation of the notice on a conspicuous part of 
the building or service by means of a procla mation or by means of a notice in the 
                                                           
1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I 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, Entry No. 2.  
2Substituted for the words “its officers or offices” by the West Pakistan Requisitioning of Immoveable Property (Temporary 
Powers) (Amendment) Ordinance, 1959 (II of 1959), published in the Gazette of West Pakistan (Extraordinary), dated January 
31, 1959, pp. 67-68, s. 2. 
3Inserted by the Punjab Requisitioning of Immoveable Property (Temporary Powers) (Amendment) Act, 1976 (XII of 1976), 
published in the Punjab Gazette (Extraordinary), dated July 8, 1976, pp. 1835-1836, s. 2. 
4Substituted for the words “Central Government” by the Punjab Laws (Adaptation) Order, 1974 (I 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, Entry No. 2.  
5Ibid. 
6Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West 
Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule, Serial No. 9. 
7Deleted the words “or imparting  education” by the Punjab Requisitioning of Immoveable Property (Temporary Powers) 
(Amendment) Act, 1976 (XII of 1976), published in the Punjab Gazette (Extraordinary), dated July 8, 1976, pp. 1835-1836, s. 3. 
8Added by the Act ibid. 
9Inserted by the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) (Amendment) Act, 1957 (XVIII of 
1957) (w.e.f. 30.6.1956), published in the Gazette of West Pakistan (Extraordinary), dated October 1, 1957, pp. 957-958, s. 2.  
Official Gazette and local press shall be deemed to be sufficient service for the 
purpose of this section. 
 (3) Where the Provincial Government has requisitioned any building under 
sub-section (1), it may use or deal w ith it in such manner as may appear to it to be 
expedient. 
4. Release from requisition .– (1) Where any building requisitioned under 
section 3 is to be released from requisition, the Provincial Government may, after 
making such inquiry, if any, as it consid ers necessary, specify by order in writing the 
person to whom possession of the building shall be given. 
 (2) The delivery of possession of the building to the person specified in an 
order made under sub -section (1) shall be a full discharge of the Governm ent from 
all liability 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 building is 
so delivered. 
 (3) Where the person to whom possession of any building is t o be 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 building is 
released from requisition to be published in the Official Gazette and to be affixed o n 
some conspicuous part of the property. 
 (4) When a notice referred to under sub -section (3) is published in the 
Official Gazette, the building specified in the notice shall cease to be subject to 
requisition on and from the date of such publication and s hall 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 building for 
any period after the said date. 
 (5) When any building is rele ased from requisition it shall be restored to 
the owner in the same condition in which it was requisitioned unless the owner 
agrees in writing, to receive it with any additions or structural alterations or 
improvements made by the Provincial Government. 
5. Repairs and additions to requisitioned buildings.– (1) The ordinary repairs 
to the building shall be carried out by and at the expense of the Provincial 
Government and the owner shall not be required to contribute towards the cost of 
such repairs nor shal l the cost thereof be deducted out of the compensation 
awarded. 
 (2) The special repairs shall be carried out by the owner. If he neglects to 
do so, the Provincial Government shall be competent to direct by an order that the 
necessary repairs may be carried out by the said Government’s own officers and that 
the cost thereof may be deducted from the compensation payable under section 6: 
 Provided that no such direction shall be given except after such notice to the 
owner as the Provincial Government considers reasonable: 
 Provided further that if the need for effecting repairs is so urgent that in the 
opinion of the Provincial Government, for reasons to be recorded, a notice to the 
owner will result in further deterioration of the condition of the building, t he direction 
for carrying out the necessary repairs may be given without such notice. 
 (3) If the owner is dissatisfied by an order passed under sub -section (2) or 
disputes the amount claimed to have been spent on such repairs, he may, by an 
application, refer the matter to the arbitrator appointed under section 6 and the latter 
shall, after holding such inquiry as may be deemed necessary, pass such orders as 
the circumstances of the case require. The order passed by an arbitrator shall be 
final and conclus ive between the parties and no separate appeal shall lie against it, 
but it shall be liable to be challenged by means of an application given by the owner 
or the Provincial Government to the High Court, if any proceedings with regard to the 
building are pending in that court under section 6. 
 (4) The Provincial Government may, if it considers necessary or expedient, 
make additions or structural alterations or improvements to the building at its own 
cost, with previous approval of the owner obtained in writi ng. The owner shall not be 
liable to contribute towards the cost of such additions or structural alterations or 
improvements nor shall the amount so spent be deducted out of the compensation 
awarded. The owner shall not be allowed any increase in compensat ion on account 
of such additions or structural alterations or improvements. 
6. Compensation to be assessed in accordance with certain principles.– (1) 
Where any building is requisitioned there shall be paid to the owner compensation 
for its use and occupat ion, and the amount thereof shall be determined in the 
manner and in accordance with the principles hereinafter set out:– 
(a) Where the amount of compensation can be fixed by agreement it shall 
be paid in accordance with such agreement. 
(b) Where no such a greement can be reached the Provincial Government 
shall by a general or special order, for any case or class of cases, 
1
appoint as arbitrator a person qualified under 
2
[Article 193] of the 
Constitution for appointment as a Judge of a High Court. 
(c) The Pr ovincial Government may, in any particular case, nominate a 
person having expert knowledge as to the nature of the building 
requisitioned to assist the arbitrator and where such nomination is 
made, the owner may also nominate an assessor for the said purpose. 
(d) At the commencement of the proceedings before the arbitrator the 
Provincial Government and the owner shall state what, in their 
respective opinions, is a fair amount of compensation. 
(e) The arbitrator in making his award shall take into considerat ion the 
following factors– 
(i) in the case of a building which was in existence before the 1 st 
January, 1939, the rent of the same or of similar accommodation 
in similar circumstances prevailing in the locality during 12 
months prior to the 1st January, 1939; 
                                                           
1All such Additional District Judges in the Province of West Pakistan (except the Federal Capital) as are qualified for 
appointment as Judge of a High Court are to be arbitrators for the purposes of sections 5 and 6, with respect to requisitione d 
buildings situated within their respective jurisdiction, see Gazette of West Pakistan (Extraordinary), 1958, p. 1703. 
2Substituted for the words “Article 167” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in 
the Punjab Gazette (Extraordinary), dated Novem ber 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with Schedule, Part III, 
Entry No. 2.  
(ii) in the case of a building which was constructed after the 1 st 
January, 1939, the rent at which such building was let out for the 
first time after its construction or the rent of similar 
accommodation in similar circumstances prevailing in the locality 
during 12 months prior to the construction of that building; 
(iii) if the building was constructed after the 14 th August, 1947, the 
initial cost of construction of that building. 
 (2) If the building was constructed after the 14 th August, 1947, the 
compensation awarded shall in no case, after deducting the taxes and insurance 
premium for insurance against fire and earthquake, be less than 
1
[eight] per centum 
or exceed in amount 
2
[ten] per centum per annum of the initial cost of the 
construction of that building. 
 (3) An appeal shall lie to the High Court against an award of an arbitrator. 
 (4) Save as provided in this section and in any rules made under this Act 
nothing in any law for the time being in force shall apply to the arbitration under this 
section. 
 (5) An award given by the arbitrator, subject to the result of the appeal, if 
any, shall be conclusive and final between the parties and shall not be called into 
question by means of a suit or otherwise except as provided by this Act. 
 (6) The award may, on an application being filed in the Court, be executed 
as if it were a decree of a civil court. 
7. Payment of compensation .– As soon as possible after an order of 
requisition is passed, the Provincial Government shall determine the amount of 
compensation payable monthly to the owner for the use and occupation of the 
requisitioned building and deposit by the 5 th of each succeeding month such 
compensation in the Court and if the amount of compensation assessed is enhanced 
by the arbitrator or by the Hi gh Court on appeal, the excess amount shall also be 
similarly deposited. In case the amount is not deposited within a period of three 
months from the date of requisitioning or the date of the order of the arbitrator or of 
the High Court, as the case may be, the Provincial Government shall be liable to pay 
interest on the principal amount at the rate of six per centum per annum till the date 
of deposit or payment, as the case may be. 
8. Power to obtain information .– (1) The Provincial Government may with a 
view to carrying out the purposes of sections 4 and 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 building as may be so specified. 
 (2) If any person fails to furnish any information required by an order under 
sub-section (1) or furnishes any information which is false and which he either knows 
or has reasonable cause to believe to be false or does not believe to be true he shall 
be punished with imprisonment wh ich may extend to one year or with fine, or with 
both. 
                                                           
1Substituted for the word “five” by the Punjab Requisitioning of Immoveable Property (Temporary Powers) (Amendment) Act, 
1977 (VI of 1977), published in the Punjab Gazette (Extraordinary), dated June 14, 1977, pp. 819-820, s. 2. 
2Ibid. 
9. Power to give effect to orders .– The Provincial Government may take or 
cause to be taken such steps and use or cause to be used such force as may, in the 
opinion of that Government be reasonably nec essary, for securing compliance with 
any order made by it under this Act. 
10. Delegation of functions.– The Provincial Government may by order, notified
1
 
in the Official Gazette, direct that any power conferred or any duty imposed on it by 
this Act shall i n 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. 
11. Exemption from legal processes .– (1) No injunction or an order for 
ejectment, delivery of po ssession or appointment of a receiver in respect of any 
building which has been requisitioned under this Act shall be granted or made by any 
Court or by any other authority. 
 (2) No order made in exercise of any power conferred by or under this Act 
shall be called in question in any Court. 
 (3) Where an order purports to have been made and signed by any 
authority in exercise of any power conferred by or under this Act it shall be presumed 
that such an order was so made by that authority. 
12. Protection of actions under this Act.– (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 Act or any order made thereunder. 
 (2) Save as otherwise express ly provided under this Act no suit or other 
legal proceedings shall lie against the Government 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. 
13. Power to make Rules .– (1) The Provincial Government may make rules for 
the purposes of carrying into effect the provisions of this Act. 
 (2) In particular and without prejudice to the generality of the foregoing 
power, such rules may prescribe– 
(a) the proc edure to be followed in arbitrations and other proceedings 
under this Act; 
(b) the principles to be followed in apportioning the costs of any 
proceedings mentioned in clause (a) above, and of appeals. 
14. Repeal of certain Acts and Ordinance .– (1) The foll owing enactments are 
hereby repealed:– 
(1) The Sind Crown Servants (House Accommodation) Act, 1947
2
; 
(2) The Sind (Requisition of Land) Act, 1947
3
; 
                                                           
1For delegation of powers under this section, see Gazette of West Pakistan, 1957, Pt. I, p. 350. 
2Sind V of 1947. 
3Sind XLVI of 1947. 
(3) The North-West Frontier Province Premises (Requisition and Eviction) 
Act, 1953
1
; 
(4) The Bahawalpur Requ isitioning of Immovable Property (Temporary 
Powers) Act, 1955
2
; 
(5) The Punjab Requisitioning of Immovable Property (Temporary Powers) 
Ordinance, 1955
3
 
4
[;]  
5
[(6) The Khairpur State Premises (Requisition and Eviction) Act, 1947.] 
 (2) Notwithstanding the repeal of the enactments mentioned in sub-section 
(1) everything done, action taken, obligation, liability, penalty or punishment incurred, 
inquiry or proceeding commenced, officer appointed or person authorised, 
jurisdiction or powers confe rred, rule made  and order issued under any of the 
provisions of the said enactments shall, if not inconsistent with the provisions of this 
Act, be continued and, so far as may be, be deemed to have been respectively done, 
taken, incurred, commenced, appointed, authorised , conferred, made or issued 
under this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1N.W.F.P. IV of 1955. 
2Bwp. IX of 1955. 
3Pb. III of 1955. 
4Substituted for the full -stop by the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) (Amendment) 
Act, 1957 (XVIII of 1957) (w.e.f. 30.6.1956), published in the Gazette of West Pakistan (Extraordinary), dated October 1, 195 7, 
pp. 957-958, s. 3(i).  
5Added by the Act ibid., s. 3(ii).