MIANI SAHIB GRAVEYARD ORDINANCE, 1962
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THE MIANI SAHIB GRAVEYARD ORDINANCE, 1962 (XLIV of 1962)
SCHEDULE
TEXT 1THE MIANI SAHIB GRAVEYARD ORDINANCE, 1962 (XLIV of 1962) [7 June 1962] An Ordinance to continue the provisions of Martial Law Order No.131 issued by the Martial Law Administrator, Zone ‘B’ and to promote the functions of the Lahore Graveyard Committee constituted under the 2[Punjab] Graveyards (Preservation and Maintenance) Act, 1958. Preamble.– WHEREAS the Lahore Graveyard Committee constituted under the 3[Punjab] Graveyards (Preservation and Maintenance) Act, 1958 (West Pakistan Act
No. XXV of 1958) was charged with the functions of preservation and maintenance of the Miani Sahib Graveyard;
AND, WHEREAS, the Administrator, Martial Law Zone ‘B’ issued Martial Law Order No. 131 whereby the Miani Sahib Graveyard Committee was required to remove encroachments and unauthorised structures from the Miani Sahib Graveyard;
AND, WHEREAS, the said Martial Law Order shall stand repealed with effect from the commencing day of the Constitution;
AND, WHEREAS, it is expedient to continue the provisions of the said Martial Law Order and to promote the functions of the Lahore Graveyard Committee in the manner hereinafter appearing;
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, 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 Miani Sahib Graveyard Ordinance, 1962.
(2) It shall come into force on the expiry of Martial Law Order No. 131 issued by the Martial Law Administrator, Zone ‘B’ (hereinafter referred to as the said Martial Law Order).
Section 2. 4[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–
1This Ordinance was promulgated by the Governor of West Pakistan on June 7, 1962, published in the Gazette of West Pakistan (Extraordinary), dated June 7, 1962, pp. 2331-2334; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
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. 57.
3Ibid. 4Misprinted in the Gazette.
(a) “Act” means the 1[Punjab] Graveyards (Preservation and Maintenance) Act, 1958 (West Pakistan Act XXV of 1958);
(b) “Government” means the 2[Provincial Government of the Punjab];
(c) “Lahore Graveyard Committee” means the Committee constituted under the West Pakistan Government Social Welfare and Local Government Department’s Notification No. W/34-3/58, dated the 25th of March, 1959, as modified from time to time;
(d) “Miani Sahib Graveyard” means the area specified in the Schedule subject to any subsequent modification made by the Miani Sahib Graveyard Committee under the orders of the Assistant Sub- Administrator, Martial Law, Lahore;
(e) “Miani Sahib Graveyard Committee” means the Committee set up under the orders of the Sub-Administrator, Martial Law, No. 3 Sector, for the purpose of defining limits of the Miani Sahib Graveyard and for removing encroachments thereon.
Section 3. Continuance of the Martial Law Order No. 131
The said Martial Law Order shall, subject to the provisions of this Ordinance, be continued and be deemed to have been enacted in this Ordinance.
Section 4. Final Notifications
(1) The Miani Sahib Graveyard Committee shall act in pursuance of the provisions of the said Martial Law Order.
(2) When action under sub-section (1) has been completed, Government shall issue a final notification defining the limits of the Miani Sahib Graveyard.
(3) The notification issued under sub-section (2) shall be deemed to be a notification issued under section 12 of the Act as if it has been issued under that section after the provisions of sections 4 to 11 of the Act have been complied with.
Section 5. Vesting of graveyard and property
On the publication of the notification under sub-section (2) of section 4, the possession of Miani Sahib Graveyard as described in that notification, together with any property held by the Miani Sahib Graveyard Committee shall vest in the Lahore Graveyard Committee and shall be dealt with by the Lahore Graveyard Committee in accordance with the provisions of the Act.
Section 6. Penalty
Any person who contravenes or attempts to contravene or abets the contravention of the said Martial Law Order or this Ordinance, or any direction or directions issued by the Miani Sahib Graveyard Committee or the Lahore Graveyard Committee in pursuance of the said Martial Law Order or the said Ordinance or the rules framed thereunder, as the case may be, shall, without prejudice to any other punishment to which he may be liable under any law for the time being in force, be punishable with imprisonment which may be extended to three years or with fine which may extend to five thousand rupees or with both.
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, Entry No. 57.
2Substituted for the words “Government of the Province of West Pakistan” by the Order ibid.
Section 7. Indemnity
No suit or legal proceedings shall lie against any person or authority for anything which is in good faith done or intended to be done in pursuance of the said Martial Law Order or this Ordinance.
SCHEDULE
The following Khasras situated in Moza Mozang, Tehsil and District Lahore, namely:– BLOCK ‘A’ 6614, 6615, 6616, 6620, 6621, 6622, 6623, 6624, 6625, 6626, 6627, 6628, 6629, 6630, 6631, 6632, 6633, 6634, 6635, 6643, 6644, 6645, 6646, 6647, 6648, 6649, 6651, 6652, 6653, 6656, 6657, 6658, 6659, 12653/6660, 12656/6660, 12657/6660, 6667, 6710, 6716, 6718, 6719, 6729, 6721, 6722, 6723, 6724, 6725, 6726, 6727, 6728, 6729, 6730, 6731, 6732, 6733, 6734, 6735, 6736, 6737, 6738, 6739, 6740, 6741, 6742, 6743, 6744, 6745, 6746, 6751 (Min) 6754, 6755, 6758, 6759, 6760, 6761, 6762, 6763, 9946/6764, 9947/6764, 9948/6764, 9949/6764, 9950/6764, 9951/6765, 9952/6765, 9956/6768, 9957/6768, 6767, 6768 (Min), 6766, 6769, 6770, 6771, 6772, 6773, 6774, 6775, 6776, 6777, 6778, 6779, 6780, 6781, 6782, 6783, 6784, 6785, 6786, 6787, 6788, 6789, 6791, 6793, 6794, 6752 (Min), 6662, 6663, 6664, 6672, BLOCK ‘B’
6733. BLOCK ‘C’ 6816, 6817, 6818, 6878, 6879, 6906, 6907, 6909, 6917, 6918. BLOCK ‘D’ 7388, 7389, 7390. BLOCK ‘E’ 5981, 5984, 5985, 5986, 6046, 6047, 6049, 6050, 6051, 6239, 6309 (Min), 6310, 6311, 6312, 6313, 6314, 7421, 7422, 7443, 7444, 7445. BLOCK ‘F’ 4703, 4706, 4707, 4708, 4719, 4725, 4726, 4727, 4728, 9892/4743, 9893/4743, 9894/4744, 9895/4744, 4746, 4747, 4832, 12533/4833, 4834, 4835, 4836, 4837, 9005/4838, 9906/4838, 5072, 5075, 5077, 5078, 5079, 5087, 5088, 5090, 5091, 5092, 5093, 5094, 5095, 5785, 5786, 5795, 5796, 5797, 5798, 5799, 5800, 5802, 5805, 5827, 5829, 5830, 5831, 5832 ‘M’ 5860, 5859 ‘M’. 5861, 5862, 5863, 5864, 5865(M), 5866, 5867, 5868, 5869, 5869/1, 5869/2, 5869/3, 5869/4, 5869/5, 5869/6, 5869/7, 5869/8, 5869/9, 5869/10, 5869/11, 5869/12, 5870, 6315, 6316, 6317, 6318, 6319, 6320, 6321, 6350, 6472, 6473, 6478, 10673/6552, 10680/6552/3, 16080/6552/4, 10680/6552/5, 10680/6552/35/1, 10680/6552/35/2, 10680/6552/35/3, 10680/6552/35/4, 10680/6552/35/5, 10680/6552/ 35/6, 10680/6552/35/7, 10686/6552/35/8, 10680/6552/35/9, 10680/ 6552/35/10, 10680/6552/35/11, 10680/6552/35/12, 10680/6552/35/13, 6553, 6554, 6555, 10686/6558, 10687/6558, 10688/6558, 10689/6558, 6559, 6569, 6561, 6562, 6561/1, 6563, 6564, 6565, 6566, 6567, 6568, 6560, 6570, 6571, 6572, 6573, 6574, 6575, 6576, 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6586, 6587, 6588, 6589, 6590, 6591, 6592 ‘M’, 6593 ‘M’, 9945/6596, 6367/1, 6577/1. BLOCK ‘G’ 5775, 5776, 5774, 5778, 5792.
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CONTENTS 1. Short title and commencement. 2. Definitions. 3. Continuance of the Martial Law Order No. 131. 4. Final Notifications. 5. Vesting of graveyard and property. 6. Penalty. 7. Indemnity.
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THE MIANI SAHIB GRAVEYARD ORDINANCE, 1962
(XLIV of 1962)
CONTENTS
1. Short title and commencement.
2. Definitions.
3. Continuance of the Martial Law Order No. 131.
4. Final Notifications.
5. Vesting of graveyard and property.
6. Penalty.
7. Indemnity.
SCHEDULE
TEXT
1
THE MIANI SAHIB GRAVEYARD ORDINANCE, 1962
(XLIV of 1962)
[7 June 1962]
An
Ordinance
to continue the provisions of Martial Law Order No.131 issued by the Martial Law
Administrator, Zone ‘B’ and to promote the functions of the Lahore Graveyard
Committee constituted under the
2
[Punjab] Graveyards (Preservation and
Maintenance) Act, 1958.
Preamble.– WHEREAS the Lahore Graveyard Committee constituted under the
3
[Punjab] Graveyards (Preservation and Maintenance) Act, 1958 (West Pakistan Act
No. XXV of 1958) w as charged with the functions of preservation and maintenance
of the Miani Sahib Graveyard;
AND, WHEREAS, the Administrator, Martial Law Zone ‘B’ issued Martial Law
Order No. 131 whereby the Miani Sahib Graveyard Committee was required to
remove encroachm ents and unauthorised structures from the Miani Sahib
Graveyard;
AND, WHEREAS, the said Martial Law Order shall stand repealed with effect
from the commencing day of the Constitution;
AND, WHEREAS, it is expedient to continue the provisions of the said M artial
Law Order and to promote the functions of the Lahore Graveyard Committee in the
manner hereinafter appearing;
NOW, THEREFORE , in pursuance of the Presidential Proclamation of the
seventh day of October, 1958, 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
Miani Sahib Graveyard Ordinance, 1962.
(2) It shall come into force on the expiry of Martial Law Order No. 131
issued by the Martial Law Administrator, Zone ‘B’ (hereinafter referred to as the said
Martial Law Order).
2.
4
[Definitions].– In this Ordinance, unless the context otherwise requires, the
following expressions shall ha ve the meanings hereby respectively assigned to
them, that is to say–
1This Ordinance was promulgated by the Governor of West Pakistan on June 7, 1962 , published in the Gazette of West
Pakistan (Extraordinary), dated June 7, 1962, p p. 2331-2334; saved and given permanent effect by Article 225 of the
Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pak istan” 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. 57.
3Ibid.
4Misprinted in the Gazette.
(a) “Act” means the
1
[Punjab] Graveyards (Preservation and Maintenance)
Act, 1958 (West Pakistan Act XXV of 1958);
(b) “Government” means the
2
[Provincial Government of the Punjab];
(c) “Lahore Graveyard Committee” means the Committee constituted
under the West Pakistan Government Social Welfare and Local
Government Department’s Notification No. W/34-3/58, dated the 25th of
March, 1959, as modified from time to time;
(d) “Miani Sahib Grav eyard” means the area specified in the Schedule
subject to any subsequent modification made by the Miani Sahib
Graveyard Committee under the orders of the Assistant Sub -
Administrator, Martial Law, Lahore;
(e) “Miani Sahib Graveyard Committee” means the Com mittee set up
under the orders of the Sub -Administrator, Martial Law, No. 3 Sector,
for the purpose of defining limits of the Miani Sahib Graveyard and for
removing encroachments thereon.
3. Continuance of the Martial Law Order No. 131 .– The said Martial L aw
Order shall, subject to the provisions of this Ordinance, be continued and be deemed
to have been enacted in this Ordinance.
4. Final Notifications.– (1) The Miani Sahib Graveyard Committee shall act in
pursuance of the provisions of the said Martial Law Order.
(2) When action under sub -section (1) has been completed, Government
shall issue a final notification defining the limits of the Miani Sahib Graveyard.
(3) The notification issued under sub -section (2) shall be deemed to be a
notification issued under section 12 of the Act as if it has been issued under that
section after the provisions of sections 4 to 11 of the Act have been complied with.
5. Vesting of graveyard and property .– On the publication of the notification
under sub -section (2) of sec tion 4, the possession of Miani Sahib Graveyard as
described in that notification, together with any property held by the Miani Sahib
Graveyard Committee shall vest in the Lahore Graveyard Committee and shall be
dealt with by the Lahore Graveyard Committee in accordance with the provisions of
the Act.
6. Penalty.– Any person who contravenes or attempts to contravene or abets
the contravention of the said Martial Law Order or this Ordinance, or any direction or
directions issued by the Miani Sahib Graveyard Committee or the Lahore Graveyard
Committee in pursuance of the said Martial Law Order or the said Ordinance or the
rules framed thereunder, as the case may be, shall, without prejudice to any other
punishment to which he may be liable under any law for th e time being in force, be
punishable with imprisonment which may be extended to three years or with fine
which may extend to five thousand rupees or with both.
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, Entry No. 57.
2Substituted for the words “Government of the Province of West Pakistan” by the Order ibid.
7. Indemnity.– No suit or legal proceedings shall lie against any person or
authority for anythi ng which is in good faith done or intended to be done in
pursuance of the said Martial Law Order or this Ordinance.
SCHEDULE
The following Khasras situated in Moza Mozang, Tehsil and District Lahore, namely:–
BLOCK ‘A’
6614, 6615, 6616, 6620, 6621, 6622, 6623, 6624, 6625, 6626, 6627, 6628, 6629, 6630,
6631, 6632, 6633, 6634, 6635, 6643, 6644, 6645, 6646, 6647, 6648, 6649, 6651, 6652,
6653, 6656, 66 57, 6658, 6659, 12653/6660, 126 56/6660, 12657/6660, 6667, 6710, 6716,
6718, 6719, 6729, 6721, 6722, 6723, 672 4, 6725, 6726, 6727, 6728, 6729, 6730, 6731,
6732, 6733, 6734, 6735, 6736, 6737, 6738, 6739, 6740, 6741, 6742, 6743, 6744, 6745,
6746, 6751 (Min) 6754, 6755, 6758, 6759, 6760, 6761, 6762, 6763, 9946/6764, 9947/6764,
9948/6764, 9949/6764, 9950/6764, 9951/67 65, 9952/6765, 9956/6768, 9957/6768, 6767,
6768 (Min), 6766, 6769, 6770, 6771, 6772, 6773, 6774, 6775, 6776, 6777, 6778, 6779,
6780, 6781, 6782, 6783, 6784, 6785, 6786, 6787, 6788, 6789, 6791, 6793, 6794, 6752
(Min), 6662, 6663, 6664, 6672,
BLOCK ‘B’
6733.
BLOCK ‘C’
6816, 6817, 6818, 6878, 6879, 6906, 6907, 6909, 6917, 6918.
BLOCK ‘D’
7388, 7389, 7390.
BLOCK ‘E’
5981, 5984, 5985, 5986, 6046, 6047, 6049, 6050, 6051, 6239, 6309 (Min), 6310, 6311,
6312, 6313, 6314, 7421, 7422, 7443, 7444, 7445.
BLOCK ‘F’
4703, 4706, 4707, 4708, 4719, 4725, 4726, 4727, 4728, 9892/4743 , 9893/4743, 9894/4744,
9895/4744, 4746, 4747, 4832, 12533/4833, 4834, 4835, 4836, 4837, 9005/4838, 9906/4838,
5072, 5075, 5 077, 5078, 5079, 5087, 5088, 5090, 5091, 5092, 5093, 5094, 5095, 5785,
5786, 5795, 5796, 5797, 5798, 5799, 5800, 5802, 5805, 5827, 5829, 5830, 5831, 5832 ‘M’
5860, 5859 ‘M’.
5861, 5862, 5863, 5864, 5865(M), 5866, 5867, 5868, 5869, 5869/1, 5869/2, 5869/3, 5869/4,
5869/5, 5869/6, 5869/7, 5869/8, 5869/9, 5869/10, 5 869/11, 5869/12, 5870, 6315, 63 16,
6317, 6318, 6319, 6320, 6321, 6350, 6472, 6473, 6478, 10673/6552, 10680/6552/3,
16080/6552/4, 10680/6552/5, 10680/6552/35/1, 10680/6552/35/2, 10680/6552/35/3,
10680/6552/35/4, 10680/6552/35/5, 10680/6552/ 35/6, 10680/6552/35/7, 10686/6552 /35/8,
10680/6552/35/9, 10680/ 6552/35/10, 10680/6552/35/11, 10680/6552/35/12,
10680/6552/35/13, 6553, 6554, 6555, 10686/6558, 10687/65 58, 10688/6558, 10689/6558,
6559, 6569, 6561, 6562, 6561/1, 6563, 6564, 6565, 6566, 6567, 6568, 6560, 6570, 6571,
6572, 6 573, 6574, 6575, 6576, 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6586, 6587,
6588, 6589, 6590, 6591, 6592 ‘M’, 6593 ‘M’, 9945/6596, 6367/1, 6577/1.
BLOCK ‘G’
5775, 5776, 5774, 5778, 5792.This law in the library
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Article 225 of Constitution of the Islamic Republic of Pakistan
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r of West Pakistan on June 7, 1962 , published in the Gazette of West Pakistan (Extraordinary), dated June 7, 1962, p p. 2331-2334; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pak istan” 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, A
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225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
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