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  "title": "WEST PAKISTAN ESTABLISHMENT AND IMPROVEMENT OF PARKS AND HISTORICAL PLACES (LAHORE) (REPEAL) ORDINANCE, 1968",
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  "text": "THE WEST PAKISTAN ESTABLISHMENT AND \r\nIMPROVEMENT OF PARKS AND HISTORICAL PLACES \r\n(LAHORE) (REPEAL) ORDINANCE, 1968 \r\n(X of 1968) \r\nCONTENTS \r\n1. Short title and commencement. \r\n2. Definitions. \r\n3. Repeal of West Pakistan Ordinance XXII of 1963. \r\n4. Relinquishment of land acquired under West Pakistan Ordinance XXII of \r\n1963. \r\n5. Compensation. \r\n6. Collector to have powers of a Civil Court. \r\n7. Trust to prepare scheme in respect of land not to be relinquished. \r\n8. Power to make rules. \r\nTEXT \r\n1\r\nTHE WEST PAKISTAN ESTABLISHMENT AND IMPROVEMENT OF \r\nPARKS AND HISTORICAL PLACES (LAHORE) (REPEAL) ORDINANCE, \r\n1968 \r\n(X of 1968) \r\n[20 January 1969] \r\nAn \r\nOrdinance \r\nto provide for the repeal of the West Pakistan Establishment and Improvement of \r\nParks and Historical Places (Lahore) Ordinance, 1963, the relinquishment of land \r\ntaken possession of by the Trust thereunder and all matters incidental or \r\nsupplemental thereto. \r\nPreamble.– WHEREAS it is expedient to provide for the repeal of the West Pakistan \r\nEstablishment and Improvement of Parks and Historica l Places (Lahore) Ordinance, \r\n1963, the relinquishment of land taken possession of by the Trust thereunder and all \r\nmatters incidental or supplemental thereto; \r\n AND WHEREAS the Provincial Assembly of West Pakistan is not in session \r\nand the Governor of West Pakistan is satisfied that circumstances exist which render \r\nimmediate legislation necessary; \r\n NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) \r\nof Article 79 of the Constitution, the Governor of West Pakistan is pleased to make \r\nand promulgate the following Ordinance:– \r\n1. Short title and commencement .– (1) This Ordinance may be called the \r\nWest Pakistan Establishment and Improvement of Parks and Historical Places \r\n(Lahore) (Repeal) Ordinance, 1968. \r\n (2) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “Deputy Commissioner” means the Deputy Commissioner of Lahore \r\nDistrict and  shall in clude any other officer, who has been the Chief \r\nOfficer in charge of the general administration of a District for a period \r\nof not less than three years, whether continuously or otherwise, \r\nappointed by Government as the Deputy Commissioner for the \r\npurposes of this Ordinance; \r\n(b) “Government” means the Government of \r\n1\r\n[the Punjab]; \r\n \r\n1This Ordinance was promulgated by the Governor of West Pakistan on Octobe r 23, 1 968; approved by the Provincial \r\nAssembly of West Pakistan, with amendments, on January  14, 1969, under clause (3) of Article 79 of the Constitution of the \r\nIslamic Republic of Pakistan (1962); assented to by the Governor of West Pakistan on January 18, 1969 ; published in the \r\nGazette of West Pakistan (Extraordinary), dated January 20, 1969, pp. 114-A-114-F. \r\n(c) “land” means the land in respect of which full compensation has not \r\nbeen paid in accordance with the provisions of the West Pakistan \r\nEstablishment and Improvement of Pa rks and H istorical Places \r\n(Lahore) Ordinance, 1963, or where paid, has not been accepted \r\nunconditionally by all persons having any right or interest therein; \r\n(d) “Martial Law Order No. 126” means the Martial Law Order No. 126 \r\nissued by the Martial Law Admi nistrator, Zo ne ‘B’, on the 6 th May, \r\n1962; \r\n(e) “Trust” means the Lahore Improvement Trust constituted under the \r\nTown Improvement Act, 1922. \r\n3. Repeal of West Pakistan Ordinance XXII of 1963 .– The West Pakistan \r\nEstablishment and Improvement of Parks and His torical Places (Lahore) Ordinance, \r\n1963, is hereby repealed. \r\n4. Relinquishment of land acquired under West Pakistan Ordinance XXII of \r\n1963.– (1) Notwithstanding anything to the contrary contained in any law for the time \r\nbeing in force, or in any award asse ssing compensation, or in any decree, judgment \r\nor order of any Court, the Trust shall, within ninety days of the coming into force of \r\nthis Ordinance, remove from the land all materials of the Trust lying or stored on the \r\nland, including any installations, fixtures or structures put up or erected thereon by \r\nthe Trust, and relinquish possession of the whole of the land. \r\nExplanation.– In computing the period of 90 days for the purposes of this sub -\r\nsection, with reference to any land, the period during which th e Trust i s under any \r\nlegal disability or is precluded by reason of any lawful order from relinquishing \r\npossession of such land, shall be excluded. \r\n (2) As soon as may be, after the coming into force of this Ordinance, the \r\nTrust shall, after holding such en quiry, if any, as it considers necessary, specify, by \r\norder in writing, the person to whom possession of any land relinquished by it under \r\nsub-section (1), is to be given. \r\n (3) The delivery of possession of land to the person specified in an order \r\nmade under sub-section (2) shall be a full discharge of the Trust from all liability in \r\nrespect of such land, but shall not prejudice any rights in respect of the land to which \r\nany other person may be entitled by due process of law to enforce against the \r\nperson to whom possession of the land is given. \r\n (4) Where the person to whom possession of any land is to be given under \r\nthe provisions of sub -section (2) cannot be found and has no agent or other person \r\nempowered to accept delivery on his behalf, the Chairman of the Trust shall cause a \r\nnotice, declaring that possession of the land is being restored to such person, to be \r\naffixed on some conspicuous part of such land and also publish the notice in the \r\nofficial Gazette. \r\n (5) Where a notice referred to in sub -section (4) is published in the official \r\nGazette, the land specified in such notice shall be deemed to have been delivered to \r\nthe person entitled to possession thereof, and the Trust shall not be liable for any \r\n \r\n1Substituted for the words “West Pakistan” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette \r\nof Pakistan (Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule. \r\ncompensation or other claim in respect of such land f or any pe riod after the date of \r\npublication of the notice. \r\n5. Compensation.– (1) For the whole of the period during which the land was in \r\npossession of the Trust under the provisions of the West Pakistan Establishment and \r\nImprovement of Parks and Historica l Places (Lahore) Ordinance, 1963, or Martial \r\nLaw Order No.126, till the date of its delivery in accordance with the provisions of \r\nsection 4, compensation, to be determined in the manner and in accordance with the \r\nprinciples hereinafter set out, shall be p ayable by  the Trust for the use and \r\noccupation of the land:– \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) cases where no such agreement can be reached shall be referred by \r\nthe Trust to the Deputy Commissioner; \r\n(c) the Deputy Commissioner, in determining the amount of compensation, \r\nshall take into consideration the rent at which the land was let out \r\nimmediately before it was taken possession of by the Trust under the \r\nprovisions of the  West Pak istan Establishment and Improvement of \r\nParks and Historical Places (Lahore) Ordinance, 1963, or Martial Law \r\nOrder No.126, or where the land was not let out when possession \r\nthereof was taken by the Trust, the rent of similar land in similar \r\ncircumstances prevailing in the locality during the twelve months prior \r\nto the taking over by the Trust of the possession of the land. \r\n (1-A) The compensation payable under sub -section (1) shall include \r\ncompensation for– \r\n(a) any trees or crops standing on the lan d, which were cut or  removed \r\nduring the period possession of the land was with the Trust; \r\n(b) any damage to nurseries on the land caused during the said period; \r\n(c) any damage to houses, shops or other structures on the land caused \r\nduring the said period: \r\n Provided that no compensation under this sub -section shall be payable \r\nunless claim therefor was made in writing to the Land Acquisition Collector of \r\nthe Trust before the coming into force of this Ordinance. \r\n (2) The compensation payable under sub -section (1), shall be apportioned \r\namong all persons known or believed to have any right or interest in the land, \r\naccording to their respective rights and interest therein. \r\n (3) Any party aggrieved by the decision of the Deputy Commissioner under \r\nclause ( c) of sub -section ( 1) o r sub -section (2) may appeal to the Commissioner \r\nwithin ninety days of the date of decision. \r\n (4) The decision of the Deputy Commissioner, subject to the result of an \r\nappeal, if any, shall be conclusive and final between the parties and shall not be \r\ncalled into question in any Court by means of a suit or otherwise. \r\n (5) The decision of the Deputy Commissioner may, on an application being \r\nfiled in any Civil Court having jurisdiction, be executed as if it were a decree of such \r\nCourt. \r\n (6) The payment by the Trust of compensation under the provisions of this \r\nsection in respect of any land shall be a full discharge of the liability of the Trust in \r\nrespect of such land, and notwithstanding anything contained in any other law for the \r\ntime being in for ce, or in  any award assessing compensation, or in any decree, \r\njudgement or order of Court, the Trust shall not be liable to pay any other \r\ncompensation for the acquisition or use or occupation of such land. \r\n (7) Any amount payable under the provisions of th is section by the Trust \r\nshall be adjusted against any compensation paid or payment made by the Trust in \r\nrespect of such land under the provisions of the West Pakistan Establishment and \r\nImprovement of Parks and Historical Places (Lahore) Ordinance, 1963, or  Martial \r\nLaw Order No. 126, and if on such adjustment, any sum is found due to the Trust, \r\nsuch sum shall be recoverable as arrears of land revenue from the person to whom \r\nsuch compensation was paid or payment made by the Trust. \r\n6. Collector to have powers of a Civi l Co urt.– For the purposes of \r\nperformance of his functions under this Ordinance, the Deputy Commissioner shall \r\nhave the same powers as are vested in a Civil Court under the Code of Civil \r\nProcedure, 1908, in respect of enforcing the attendance of a ny witnes s or  the \r\nproduction of a document or other thing. \r\n7. Trust to prepare scheme in respect of land not to be relinquished .– The \r\nTrust shall, in respect of the land taken possession of by it under the provisions of \r\nthe West Pakistan Establishment and Improvement o f Parks and Historical Places \r\n(Lahore) Ordinance, 1963, or Martial Law Order No.126 and which is not to be \r\nrelinquished under the provisions of section 4, frame a scheme under the Town \r\nImprovement Act, 1922. \r\n8. Power to make rules .– (1) Government may make rules for the purposes of \r\ncarrying into effect the provisions of this Ordinance. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may prescribe– \r\n(a) the procedure to be followed by the Deputy Commi ssioner f or \r\ndetermining the amount of compensation and its apportionment; and \r\n(b) the principles to be followed in apportioning the cost of any \r\nproceedings before the Deputy Commissioner.",
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