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Punjab · Ordinance · 1963

PUNJAB ACQUISITION OF PROPERTY (WAPDA OFFICE) ORDINANCE, 1963

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THE PUNJAB ACQUISITION OF PROPERTY (WAPDA OFFICE) ORDINANCE, 1963 (XXIV of 1963)

SCHEDULE

TEXT 1THE 2[PUNJAB] ACQUISITION OF PROPERTY (WAPDA OFFICE) ORDINANCE, 1963 (XXIV of 1963) [6 June 1963] An Ordinance to provide for the acquisition of certain property situate in the revenue estate of Mozang, Lahore, for the purpose of constructing the office of Water and Powers Development Authority and to validate actions taken under the Martial Law Order

No. 129 issued by the Martial Law Administrator, Zone ‘B’. WHEREAS the property described in the Schedule was evacuee property and had been acquired by the Government of West Pakistan in exercise of the powers conferred on it by sub-section (2) of section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (Act No. XXVIII of 1958),– vide notification No. U.8-79-59 (3113), dated 1st August, 1959, published in the gazette of 28th August, 1959.

AND WHEREAS the Martial Law Order No. 129 was issued by the Martial Law Administrator, Zone ‘B’, on 29th May, 1962, providing for the acquisition of the said property for the purpose of constructing the office of the West Pakistan Water and Power Development Authority;

AND WHEREAS the validity of the said Martial Law Order and actions taken thereunder has been questioned;

AND WHEREAS it is expedient in the public interest to provide for the acquisition of the said property, for the purpose of constructing the office of the Authority, and to validate the actions taken in pursuance of the said Martial Law Order No. 129;

AND WHEREAS the Provincial Assembly of West Pakistan, is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;

NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:–

1This Ordinance was promulgated by the Governor of West Pakistan on June 6, 1963, approved by the Provincial Assembly of West Pakistan, with amendments on July 16, 1963, under clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); published in the Gazette of West Pakistan (Extraordinary), dated July 16, 1963, pp. 3127-3130.

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. 67.

Section 1. Short title and commencement

(1) This Ordinance may be called the 1[Punjab] Acquisition of Property (WAPDA Office) Ordinance, 1963.

(2) It shall come into force at once and shall be deemed to have taken effect on and from the 29th May, 1962.

Section 2. Definitions

In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say–

(a) “Authority” means the Water and Power Development Authority established under the Water and Power Development Authority Act, 1958 (West Pakistan Act No. XXXI of 1958);

(b) “Government” means the 2[Provincial Government of the Punjab];

(c) “Martial Law Order No. 129” means the Martial Law Order No. 129, issued by the Martial Law Administrator, Zone ‘B’ on the 29th May 1962;

(d) “property” means the property, described in the Schedule to this Ordinance.

Section 3. Acquisition of property for office of the Authority

Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (Act I of 1894), the Town Improvement Act, 1922 (Punjab Act IV of 1922), as amended by the Punjab Town Improvement (West Pakistan Amendment) Ordinance No. XVIII of 1962), the Municipal Administration Ordinance, 1960 (Ordinance X of 1960), or any other law for the time being in force, or in any decree, judgment or order of any Court or Authority–

(a) Government shall forthwith take possession of the property, summarily ejecting, if necessary, any person in occupation of any part thereof;

(b) the compensation for the property shall be assessed by the Chief Settlement Commissioner, under the law relating to evaluation of evacuee property;

(c) the compensation so assessed, shall be paid by the Authority to the Rehabilitation Department;

(d) Government shall transfer the property to the Authority subject to the provisions of section 41 of the Land Acquisition Act, 1894, so far as applicable, as if the Authority were a company, and shall put the Authority in possession thereof, and thereupon the property shall be deemed to have been duly acquired by the Authority free from all encumbrances, and

1Substituted 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. 67.

2Substituted for the words “Government of West Pakistan” by the Order ibid.

the actions taken under Martial Law Order No. 129, shall be deemed to have been validly taken under this Ordinance and shall be continued.

SCHEDULE

The property quadrangle in shape measuring 104 feet along the Egerton Road on the North, 204 feet in the West, 107 feet on the common boundary between Park Hotel and boundary wall to Egerton Road in the east and comprising Khasra

No. 1045, 1046 and part of 1044 of Khasra Amarti of 1957-58 situated in the revenue estate of Mozang, Tehsil and District Lahore, consisting of buildings bearing property

No. S.E. 27 R.II and open space, formerly belonging to Rai Bahadur Gopal Das.

Print contents from the source
CONTENTS 
1. Short title and commencement. 
2. Definitions. 
3. Acquisition of property for office of the Authority. 
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Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 6fd4ef82887f6925ea9ebacc39454b07bc7425debc547db32774024b75a2445e.

THE PUNJAB ACQUISITION OF PROPERTY (WAPDA 
OFFICE) ORDINANCE, 1963 
(XXIV of 1963) 
CONTENTS 
1. Short title and commencement. 
2. Definitions. 
3. Acquisition of property for office of the Authority. 
SCHEDULE 
 
TEXT 
1
THE 
2
[PUNJAB] ACQUISITION OF PROPERTY (WAPDA OFFICE) 
ORDINANCE, 1963 
(XXIV of 1963) 
[6 June 1963] 
An 
Ordinance 
to provide for the acquisition of certain property situate in the revenue estate of 
Mozang, Lahore, for the purpose of constructing the office of Water and Powers 
Development Authority and to validate actions taken under the Martial Law Order 
No. 129 issued by the Martial Law Administrator, Zone ‘B’. 
WHEREAS the property described in the Schedule was evacuee property and had 
been acquired by the Government of West Pakistan in exercise of the powers 
conferred on it by sub -section (2) of section 3 of the Displaced Persons 
(Compensation and Rehabilitation) Act, 1958 (Act No. XXVIII of 1958), – vide 
notification No. U.8-79-59 (3113), dated 1st August, 1959, published in the gazette of 
28th August, 1959. 
 AND WHEREAS  the Martial Law Order No. 129 was issued by the Martial 
Law Administrator, Zone ‘B’, on 29th Ma y, 1962, providing for the acquisition of the 
said property for the purpose of constructing the office of the West Pakistan Water 
and Power Development Authority; 
 AND WHEREAS the validity of the said Martial Law Order and actions taken 
thereunder has been questioned; 
 AND WHEREAS  it is expedient in the public interest to provide for the 
acquisition of the said property, for the purpose of constructing the office of the 
Authority, and to validate the actions taken in pursuance of the  said Martial Law 
Order No. 129; 
 AND WHEREAS the Provincial Assembly of West Pakistan, is not in session 
and the Governor of West Pakistan is satisfied that circumstances exist which render 
immediate legislation necessary; 
 NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) 
of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make 
and promulgate the following Ordinance:– 
 
1This Ordinance was promulgated by the Governor of West Pakistan on June  6, 1963, approved by the Provincial Assembly of 
West Pakistan, with amendments on July  16, 1963, under clause (3) of Article 79 of the Constitution of the Islamic Republic of 
Pakistan (1962); published in the Gazette of West Pakistan (Extraordinary), dated July 16, 1963, pp. 3127-3130. 
2Substituted for the words “West Pakistan” by the Punjab L aws (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. 67. 
1. Short title and commencement .– (1) This Ordinance may be  called the  
1
[Punjab] Acquisition of Property (WAPDA Office) Ordinance, 1963. 
 (2) It shall come into force at once and shall be deemed to have taken 
effect on and from the 29th May, 1962. 
2. Definitions.– In this Ordinance, unless the context otherwise requires, the 
following expressions shall have the mean ings hereby respectively assigned to 
them, that is to say– 
(a) “Authority” means the Water and Power Development Authority 
established under the Water and Power Development Authority Act, 
1958 (West Pakistan Act No. XXXI of 1958); 
(b) “Government” means the 
2
[Provincial Government of the Punjab]; 
(c) “Martial Law Order No. 129” means the Martial Law Order No. 129, 
issued by the Martial Law Administrator, Zone ‘B’ on the 29 th May 
1962;  
(d) “property” means the property, described in the Schedule to this 
Ordinance. 
3. Acquisition of property for office of the Authority .– Notwithstanding 
anything to the contrary contained in the Land Acquisition Act, 1894 (Act I of 1894), 
the Town Improvement Act, 1922 (Punjab Act IV of 1922), as amended by the 
Punjab Town Imp rovement (West P akistan Amendment) Ordinance  No. XVIII of 
1962), the Municipal Administration Ordinance, 1960 (Ordinance X of 1960), or any 
other law for the time being in force, or in any decree, judgment or order of any Court 
or Authority– 
(a) Government shall forthwith take possession of the property, summarily 
ejecting, if necessary, any person in occupation of any part thereof; 
(b) the compensation for the property shall be assessed by the Chief 
Settlement Commissioner, under the law relating to evalua tion of 
evacuee property; 
(c) the compensation so assessed, shall be paid by the Authority to the 
Rehabilitation Department; 
(d) Government shall transfer the property to the Authority subject to the 
provisions of section 41 of the Land Acquisition Act, 18 94, so far as 
applicable, as if the Authority were a company, and shall put the 
Authority in possession thereof, and thereupon the property shall be 
deemed to have been duly acquired by the Authority free from all 
encumbrances, and  
 
1Substituted 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. 67. 
2Substituted for the words “Government of West Pakistan” by the Order ibid. 
the actions taken under Martial Law Order No. 129, shall be deemed to 
have been validly taken under this Ordinance and shall be continued. 
SCHEDULE 
 The property quadrangle in shape measuring 104 feet along the Egerton 
Road on the North, 204 feet in the West, 107 feet on the com mon boundary between 
Park Hotel and boundary wall to Egerton Road in the east and comprising Khasra 
No. 1045, 1046 and part of 1044 of Khasra Amarti of 1957-58 situated in the revenue 
estate of Mozang, Tehsil and District Lahore, consisting of buildings be aring property 
No. S.E. 27 R.II and open space, formerly belonging to Rai Bahadur Gopal Das.
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Article 79 of Constitution of the Islamic Republic of Pakistan

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ulgated by the Governor of West Pakistan on June 6, 1963, approved by the Provincial Assembly of West Pakistan, with amendments on July 16, 1963, under clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); published in the Gazette of West Pakistan (Extraordinary), dated July 16, 1963, pp. 3127-3130. 2Substituted for the words “West Pakistan” by the Punjab L aws (Adaptation) Order, 1974 ( 1 of 1974 ) ( w.e.f. 14.8.1973 ),

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Target heading · Constitution of the Islamic Republic of Pakistan

79. Custody, etc., of Federal Consolidated Fund and Public Account. The custody of the Federal Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government, their payment into, and withdrawal from, the P

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