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  "title": "PUNJAB REQUISITIONING OF IMMOVABLE PROPERTY (TEMPORARY POWERS) ACT, 1956",
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  "text": "THE PUNJAB REQUISITIONING OF IMMOVABLE \r\nPROPERTY (TEMPORARY POWERS) ACT, 1956 \r\n(VII of 1956) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Requisitioning of property. \r\n4. Release from requisition. \r\n5. Repairs and additions to requisitioned buildings. \r\n6. Compensation to be assessed in accordance with certain principles. \r\n7. Payment of compensation. \r\n8. Power to obtain information. \r\n9. Power to give effect to orders. \r\n10. Delegation of functions. \r\n11. Exemption from legal processes. \r\n12. Protection of actions under this Act. \r\n13. Power to make Rules. \r\n14. Repeal of certain Acts and Ordinance. \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] REQUISITIONING OF IMMOVABLE PROPERTY \r\n(TEMPORARY POWERS) ACT, 1956 \r\n(VII of 1956) \r\n[30 June 1956] \r\nAn \r\nAct \r\nto provide for the requisitioning of immovable property. \r\n WHEREAS it is expedient to make provi sion for temporary requisitioning of \r\nimmovable property; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called \r\n3\r\n[the \r\nPunjab Requisitioning of Immovable Property (Temporary Powers) Act, 1956.] \r\n (2) It shall e xtend to the whole of \r\n4\r\n[the Punjab] except \r\n5\r\n[* * *] the Special \r\nAreas. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act unless there is anything repugnant in the subject or \r\ncontext– \r\n(i) “Building” means any building or part of a building  and includes any \r\nland, godowns or out-houses attached to it; \r\n(ii) “Court” means the principal Court of original civil jurisdiction in the \r\ndistrict; \r\n(iii) “Owner” includes the successor-in-interest of an owner, a mortgagee in \r\npossession and a lessee for a fixed period who has paid rent for the \r\nwhole of that period in advance; \r\n(iv) “Ordinary repairs” means annual white washing, colour washing and \r\nsuch other internal and external repairs as are normally done to a \r\nbuilding; \r\n(v) “Special repairs” means any othe r repairs not falling in the definition of \r\n“ordinary repairs”; and \r\n                                                           \r\n1This 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 \r\npublished in the W.P. Gazette of West Pakistan (Extraordinary), dated June 30, 1956, pp. 539-546. \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Entry No. 2.  \r\n3Substituted for the words “the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) Act, 1956” by the \r\nOrder ibid.  \r\n4Substituted for the words “West Pakistan” by the Order ibid.  \r\n5Omitted the words “the Federal Capital and” by the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) \r\n(Amendment) Ordinance, 1962 (XIX of 1962), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1962, \r\npp. 2135-2136, s. 2. \r\n(vi) “Provincial Government” means the Government of \r\n1\r\n[the Punjab]. \r\n3. Requisitioning of property .– (1) If in the opinion of the Provincial \r\nGovernment it is necessary or expedient to requisition any building for the use of any \r\nof (\r\n2\r\n[the officers or offices \r\n3\r\n[ or Education Institutions]  of \r\n4\r\n[Federal Government], the \r\nProvincial or any corporate body established by or under the authority of \r\n5\r\n[Federal \r\nGovernment] or the Provincial Government]) the Provincial Government may \r\n6\r\n[, after \r\ngiving the owner thereof an opportunity of being heard and showing cause against \r\nthe proposed action,] by order in writing requisition any building and may make such \r\nfurther order as appear to it to be necessary or ex pedients in connection with the \r\nrequisitioning: \r\n Provided that no building used for the purpose of religious worship \r\n7\r\n[* * *] and \r\nno building situated in a cantonment within the meaning of the Cantonments Act, \r\n1924, shall be requisitioned under this Act: \r\n \r\n8\r\n[Provided further that no building which is used for imparting education \r\nthrough the private educational institutions shall be requisitioned:] \r\n Provided further that no building which is an evacuee property shall be \r\nrequisitioned except with the prior approval of the Central Government: \r\n Provided also that if a building is in occupation of any person, no order for its \r\nrequisitioning shall be passed unless a notice of, at least, two weeks is given to the \r\noccupant to show cause against the action proposed to  be taken and if and when an \r\norder of requisitioning is passed, the occupant shall be allowed a period of one \r\nmonth, at least, to vacate the building and such occupant shall thereupon comply \r\nwith that order: \r\n Provided that no owner in occupation of a \r\n9\r\n[residential] house shall be \r\nrequired to vacate it. \r\n (2) If the notice mentioned in the third proviso to sub -section (1) cannot be \r\nserved on the occupant personally, affixation of the notice on a conspicuous part of \r\nthe building or service by means of a procla mation or by means of a notice in the \r\n                                                           \r\n1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Entry No. 2.  \r\n2Substituted for the words “its officers or offices” by the West Pakistan Requisitioning of Immoveable Property (Temporary \r\nPowers) (Amendment) Ordinance, 1959 (II of 1959), published in the Gazette of West Pakistan (Extraordinary), dated January \r\n31, 1959, pp. 67-68, s. 2. \r\n3Inserted by the Punjab Requisitioning of Immoveable Property (Temporary Powers) (Amendment) Act, 1976 (XII of 1976), \r\npublished in the Punjab Gazette (Extraordinary), dated July 8, 1976, pp. 1835-1836, s. 2. \r\n4Substituted for the words “Central Government” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Entry No. 2.  \r\n5Ibid. \r\n6Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West \r\nPakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule, Serial No. 9. \r\n7Deleted the words “or imparting  education” by the Punjab Requisitioning of Immoveable Property (Temporary Powers) \r\n(Amendment) Act, 1976 (XII of 1976), published in the Punjab Gazette (Extraordinary), dated July 8, 1976, pp. 1835-1836, s. 3. \r\n8Added by the Act ibid. \r\n9Inserted by the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) (Amendment) Act, 1957 (XVIII of \r\n1957) (w.e.f. 30.6.1956), published in the Gazette of West Pakistan (Extraordinary), dated October 1, 1957, pp. 957-958, s. 2.  \r\nOfficial Gazette and local press shall be deemed to be sufficient service for the \r\npurpose of this section. \r\n (3) Where the Provincial Government has requisitioned any building under \r\nsub-section (1), it may use or deal w ith it in such manner as may appear to it to be \r\nexpedient. \r\n4. Release from requisition .– (1) Where any building requisitioned under \r\nsection 3 is to be released from requisition, the Provincial Government may, after \r\nmaking such inquiry, if any, as it consid ers necessary, specify by order in writing the \r\nperson to whom possession of the building shall be given. \r\n (2) The delivery of possession of the building to the person specified in an \r\norder made under sub -section (1) shall be a full discharge of the Governm ent from \r\nall liability in respect of the property which any other person may be entitled, by due \r\nprocess of law, to enforce against the person to whom possession of the building is \r\nso delivered. \r\n (3) Where the person to whom possession of any building is t o be given \r\ncannot be found and has no agent or other person empowered to accept delivery on \r\nhis behalf, the Government shall cause a notice declaring that the building is \r\nreleased from requisition to be published in the Official Gazette and to be affixed o n \r\nsome conspicuous part of the property. \r\n (4) When a notice referred to under sub -section (3) is published in the \r\nOfficial Gazette, the building specified in the notice shall cease to be subject to \r\nrequisition on and from the date of such publication and s hall be deemed to have \r\nbeen delivered to the person entitled to the possession thereof, and the Government \r\nshall not be liable for any compensation or other claim in respect of the building for \r\nany period after the said date. \r\n (5) When any building is rele ased from requisition it shall be restored to \r\nthe owner in the same condition in which it was requisitioned unless the owner \r\nagrees in writing, to receive it with any additions or structural alterations or \r\nimprovements made by the Provincial Government. \r\n5. Repairs and additions to requisitioned buildings.– (1) The ordinary repairs \r\nto the building shall be carried out by and at the expense of the Provincial \r\nGovernment and the owner shall not be required to contribute towards the cost of \r\nsuch repairs nor shal l the cost thereof be deducted out of the compensation \r\nawarded. \r\n (2) The special repairs shall be carried out by the owner. If he neglects to \r\ndo so, the Provincial Government shall be competent to direct by an order that the \r\nnecessary repairs may be carried out by the said Government’s own officers and that \r\nthe cost thereof may be deducted from the compensation payable under section 6: \r\n Provided that no such direction shall be given except after such notice to the \r\nowner as the Provincial Government considers reasonable: \r\n Provided further that if the need for effecting repairs is so urgent that in the \r\nopinion of the Provincial Government, for reasons to be recorded, a notice to the \r\nowner will result in further deterioration of the condition of the building, t he direction \r\nfor carrying out the necessary repairs may be given without such notice. \r\n (3) If the owner is dissatisfied by an order passed under sub -section (2) or \r\ndisputes the amount claimed to have been spent on such repairs, he may, by an \r\napplication, refer the matter to the arbitrator appointed under section 6 and the latter \r\nshall, after holding such inquiry as may be deemed necessary, pass such orders as \r\nthe circumstances of the case require. The order passed by an arbitrator shall be \r\nfinal and conclus ive between the parties and no separate appeal shall lie against it, \r\nbut it shall be liable to be challenged by means of an application given by the owner \r\nor the Provincial Government to the High Court, if any proceedings with regard to the \r\nbuilding are pending in that court under section 6. \r\n (4) The Provincial Government may, if it considers necessary or expedient, \r\nmake additions or structural alterations or improvements to the building at its own \r\ncost, with previous approval of the owner obtained in writi ng. The owner shall not be \r\nliable to contribute towards the cost of such additions or structural alterations or \r\nimprovements nor shall the amount so spent be deducted out of the compensation \r\nawarded. The owner shall not be allowed any increase in compensat ion on account \r\nof such additions or structural alterations or improvements. \r\n6. Compensation to be assessed in accordance with certain principles.– (1) \r\nWhere any building is requisitioned there shall be paid to the owner compensation \r\nfor its use and occupat ion, and the amount thereof shall be determined in the \r\nmanner and in accordance with the principles hereinafter set out:– \r\n(a) Where the amount of compensation can be fixed by agreement it shall \r\nbe paid in accordance with such agreement. \r\n(b) Where no such a greement can be reached the Provincial Government \r\nshall by a general or special order, for any case or class of cases, \r\n1\r\nappoint as arbitrator a person qualified under \r\n2\r\n[Article 193] of the \r\nConstitution for appointment as a Judge of a High Court. \r\n(c) The Pr ovincial Government may, in any particular case, nominate a \r\nperson having expert knowledge as to the nature of the building \r\nrequisitioned to assist the arbitrator and where such nomination is \r\nmade, the owner may also nominate an assessor for the said purpose. \r\n(d) At the commencement of the proceedings before the arbitrator the \r\nProvincial Government and the owner shall state what, in their \r\nrespective opinions, is a fair amount of compensation. \r\n(e) The arbitrator in making his award shall take into considerat ion the \r\nfollowing factors– \r\n(i) in the case of a building which was in existence before the 1 st \r\nJanuary, 1939, the rent of the same or of similar accommodation \r\nin similar circumstances prevailing in the locality during 12 \r\nmonths prior to the 1st January, 1939; \r\n                                                           \r\n1All such Additional District Judges in the Province of West Pakistan (except the Federal Capital) as are qualified for \r\nappointment as Judge of a High Court are to be arbitrators for the purposes of sections 5 and 6, with respect to requisitione d \r\nbuildings situated within their respective jurisdiction, see Gazette of West Pakistan (Extraordinary), 1958, p. 1703. \r\n2Substituted for the words “Article 167” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in \r\nthe Punjab Gazette (Extraordinary), dated Novem ber 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with Schedule, Part III, \r\nEntry No. 2.  \r\n(ii) in the case of a building which was constructed after the 1 st \r\nJanuary, 1939, the rent at which such building was let out for the \r\nfirst time after its construction or the rent of similar \r\naccommodation in similar circumstances prevailing in the locality \r\nduring 12 months prior to the construction of that building; \r\n(iii) if the building was constructed after the 14 th August, 1947, the \r\ninitial cost of construction of that building. \r\n (2) If the building was constructed after the 14 th August, 1947, the \r\ncompensation awarded shall in no case, after deducting the taxes and insurance \r\npremium for insurance against fire and earthquake, be less than \r\n1\r\n[eight] per centum \r\nor exceed in amount \r\n2\r\n[ten] per centum per annum of the initial cost of the \r\nconstruction of that building. \r\n (3) An appeal shall lie to the High Court against an award of an arbitrator. \r\n (4) Save as provided in this section and in any rules made under this Act \r\nnothing in any law for the time being in force shall apply to the arbitration under this \r\nsection. \r\n (5) An award given by the arbitrator, subject to the result of the appeal, if \r\nany, shall be conclusive and final between the parties and shall not be called into \r\nquestion by means of a suit or otherwise except as provided by this Act. \r\n (6) The award may, on an application being filed in the Court, be executed \r\nas if it were a decree of a civil court. \r\n7. Payment of compensation .– As soon as possible after an order of \r\nrequisition is passed, the Provincial Government shall determine the amount of \r\ncompensation payable monthly to the owner for the use and occupation of the \r\nrequisitioned building and deposit by the 5 th of each succeeding month such \r\ncompensation in the Court and if the amount of compensation assessed is enhanced \r\nby the arbitrator or by the Hi gh Court on appeal, the excess amount shall also be \r\nsimilarly deposited. In case the amount is not deposited within a period of three \r\nmonths from the date of requisitioning or the date of the order of the arbitrator or of \r\nthe High Court, as the case may be, the Provincial Government shall be liable to pay \r\ninterest on the principal amount at the rate of six per centum per annum till the date \r\nof deposit or payment, as the case may be. \r\n8. Power to obtain information .– (1) The Provincial Government may with a \r\nview to carrying out the purposes of sections 4 and 6, by order require any person to \r\nfurnish to such authority as may be specified in the order such information in his \r\npossession relating to any building as may be so specified. \r\n (2) If any person fails to furnish any information required by an order under \r\nsub-section (1) or furnishes any information which is false and which he either knows \r\nor has reasonable cause to believe to be false or does not believe to be true he shall \r\nbe punished with imprisonment wh ich may extend to one year or with fine, or with \r\nboth. \r\n                                                           \r\n1Substituted for the word “five” by the Punjab Requisitioning of Immoveable Property (Temporary Powers) (Amendment) Act, \r\n1977 (VI of 1977), published in the Punjab Gazette (Extraordinary), dated June 14, 1977, pp. 819-820, s. 2. \r\n2Ibid. \r\n9. Power to give effect to orders .– The Provincial Government may take or \r\ncause to be taken such steps and use or cause to be used such force as may, in the \r\nopinion of that Government be reasonably nec essary, for securing compliance with \r\nany order made by it under this Act. \r\n10. Delegation of functions.– The Provincial Government may by order, notified\r\n1\r\n \r\nin the Official Gazette, direct that any power conferred or any duty imposed on it by \r\nthis Act shall i n such circumstances and under such conditions, if any, as may be \r\nspecified in the direction be exercised or discharged by such officer as may be so \r\nspecified. \r\n11. Exemption from legal processes .– (1) No injunction or an order for \r\nejectment, delivery of po ssession or appointment of a receiver in respect of any \r\nbuilding which has been requisitioned under this Act shall be granted or made by any \r\nCourt or by any other authority. \r\n (2) No order made in exercise of any power conferred by or under this Act \r\nshall be called in question in any Court. \r\n (3) Where an order purports to have been made and signed by any \r\nauthority in exercise of any power conferred by or under this Act it shall be presumed \r\nthat such an order was so made by that authority. \r\n12. Protection of actions under this Act.– (1) No suit, prosecution or other legal \r\nproceedings shall lie against any person for anything which is, in good faith, done or \r\nintended to be done in pursuance of this Act or any order made thereunder. \r\n (2) Save as otherwise express ly provided under this Act no suit or other \r\nlegal proceedings shall lie against the Government for any damage caused or likely \r\nto be caused by anything, in good faith, done or intended to be done in pursuance of \r\nthis Act or any order made thereunder. \r\n13. Power to make Rules .– (1) The Provincial Government may make rules for \r\nthe purposes of carrying into effect the provisions of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may prescribe– \r\n(a) the proc edure to be followed in arbitrations and other proceedings \r\nunder this Act; \r\n(b) the principles to be followed in apportioning the costs of any \r\nproceedings mentioned in clause (a) above, and of appeals. \r\n14. Repeal of certain Acts and Ordinance .– (1) The foll owing enactments are \r\nhereby repealed:– \r\n(1) The Sind Crown Servants (House Accommodation) Act, 1947\r\n2\r\n; \r\n(2) The Sind (Requisition of Land) Act, 1947\r\n3\r\n; \r\n                                                           \r\n1For delegation of powers under this section, see Gazette of West Pakistan, 1957, Pt. I, p. 350. \r\n2Sind V of 1947. \r\n3Sind XLVI of 1947. \r\n(3) The North-West Frontier Province Premises (Requisition and Eviction) \r\nAct, 1953\r\n1\r\n; \r\n(4) The Bahawalpur Requ isitioning of Immovable Property (Temporary \r\nPowers) Act, 1955\r\n2\r\n; \r\n(5) The Punjab Requisitioning of Immovable Property (Temporary Powers) \r\nOrdinance, 1955\r\n3\r\n \r\n4\r\n[;]  \r\n5\r\n[(6) The Khairpur State Premises (Requisition and Eviction) Act, 1947.] \r\n (2) Notwithstanding the repeal of the enactments mentioned in sub-section \r\n(1) everything done, action taken, obligation, liability, penalty or punishment incurred, \r\ninquiry or proceeding commenced, officer appointed or person authorised, \r\njurisdiction or powers confe rred, rule made  and order issued under any of the \r\nprovisions of the said enactments shall, if not inconsistent with the provisions of this \r\nAct, be continued and, so far as may be, be deemed to have been respectively done, \r\ntaken, incurred, commenced, appointed, authorised , conferred, made or issued \r\nunder this Act. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1N.W.F.P. IV of 1955. \r\n2Bwp. IX of 1955. \r\n3Pb. III of 1955. \r\n4Substituted for the full -stop by the West Pakistan Requisitioning of Immoveable Property (Temporary Powers) (Amendment) \r\nAct, 1957 (XVIII of 1957) (w.e.f. 30.6.1956), published in the Gazette of West Pakistan (Extraordinary), dated October 1, 195 7, \r\npp. 957-958, s. 3(i).  \r\n5Added by the Act ibid., s. 3(ii).",
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