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Punjab · Ordinance · 1963

PUNJAB ACQUISITION OF PROPERTY (WAPDA HOUSE) ORDINANCE, 1963

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

SCHEDULE

TEXT 1THE 2[PUNJAB] ACQUISITION OF PROPERTY (WAPDA HOUSE) ORDINANCE, 1963 (XXIV of 1963) [6th 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:–

Section 1. Short title and commencement

(1) This Ordinance may be called the 3[Punjab] Acquisition of Property (WAPDA Office) Ordinance, 1963.

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

2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP.

3 Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP.

(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 4[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 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

4Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f.

14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP.

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.11 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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THE PUNJAB ACQUISITION OF PROPERTY (WAPDA HOUSE) 
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 HOUSE) 
ORDINANCE, 1963 
(XXIV of 1963) 
[6th 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 pr operty 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 (A ct 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, pr oviding 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 cla use (1) of 
Article 79 of the Constitution, 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 
3
[Punjab] Acquisition of Property (WAPDA Office) Ordinance, 1963. 
                                                 
1This Ordinance was promulgated by the Governor of West Pakistan on 6th June, 1963; approved by the Provincial Assembly of 
West Pakistan, with amendments on 16th July, 1963,  under clause (3) of Article 79 of the Constitution of the Islamic Republic of 
Pakistan (1962); and, published in the West Pakistan Gazette (Extraordinary), dated 16th July, 1963, pages 3127-3130. 
2Substituted for the words “West Pakistan” by the Punjab La ws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, 
Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 
3 Substituted for the words “West Pakistan” by the Punjab Laws ( Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 14.8.1973, 
Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425-A to 1425-PP. 
 (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 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 
4
[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. 
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 for thwith 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 ev acuee 
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  
the actions taken under Martial L aw 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 bounda ry between Park 
                                                 
4Substituted for the words  “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 
14.8.1973, Article 2 and the Schedule; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 
1425-PP. 
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 prop erty No. S.E. 27 
R.11 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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ated by the Governor of West Pakistan on 6th June, 1963; approved by the Provincial Assembly of West Pakistan, with amendments on 16th July, 1963, under clause (3) of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and, published in the West Pakistan Gazette (Extraordinary), dated 16th July, 1963, pages 3127-3130. 2Substituted for the words “West Pakistan” by the Punjab La ws (Adaptation) Order, 1974 (P.O. No. 1 of 1974), w.e.f. 1

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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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Section 41 of Land Acquisition Act, 1894

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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 encumbrance

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PUNJAB ACQUISITION OF PROPERTY (WAPDA HOUSE) ORDINANCE, 1963
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