PUNJAB ACQUISITION OF PROPERTY (WAPDA OFFICE) (SECOND) ORDINANCE, 1963

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THE PUNJAB ACQUISITION OF PROPERTY (WAPDA 
OFFICE) (SECOND) ORDINANCE, 1963 
(XXXII of 1963) 
CONTENTS 
1. Short title and commencement. 
2. Definitions. 
3. Acquisition of property for office of the Authority. 
SCHEDULE 
 
 
TEXT 
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THE 
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[PUNJAB] ACQUISITION OF PROPERTY (WAPDA OFFICE) 
(SECOND) ORDINANCE, 1963 
(XXXII of 1963) 
[9 November 1963] 
An 
Ordinance 
to provide for the acquisition of certain properties situate in the revenue estate of 
Mozang, Lahore, for the purpose of constructing the office of Water and Power 
Development Authority and to validate actions taken under the Martial Law Orders 
Nos. 92 and 109 issued by the Martial Law Administrator, Zone ‘B’. 
Preamble.– WHEREAS the properties described in the Schedule were evacuee 
properties 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 1 st August, 1959, published in the 
Gazette of the 28th August, 1959; 
 AND WHEREAS the Martial Law Orders Nos. 92 and  109 were issued by the 
Martial Law Administrator, Zone ‘B’, on 19 th July, 1961 and 18 th January, 1962, 
respectively, providing for the acquisition of the said properties for the purpose of 
constructing the office of the West Pakistan Water and Power Devel opment 
Authority; 
 AND WHEREAS the validity of the said Martial Law Orders and actions taken 
thereunder has been questioned; 
 AND WHEREAS  it is expedient in the public interest to provide for the 
acquisition of the said properties, for the purpose of const ructing the office of the 
Authority, and to validate the actions taken in pursuance of the said Martial Law 
Orders Nos. 92 and 109; 
AND WHEREAS the Provincial Assembly of West Pakistan is not in session 
and the Governor of West Pakistan is satisfied that c ircumstances 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:– 
1. Short title and commencement .– (1) This Ordinance may be called the 
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[Punjab] Acquisition of Property (WAPDA Office) (Second) Ordinance, 1963. 
 
1This Ordinance was promulgated by the Governor of West Pakistan on November  8, 1963, published in the Gazette of West Pakistan 
(Extraordinary), dated November 9, 1963, pp.  4337-4340, and also published in the Gazette of West Pakistan (Extraordinary), dated 
December 28, 1963, pp.  4785-A-4785-C, and approved by the Provincial Assembly of West Pakistan, on December  28, 1963, under 
clause (3) of Article 79 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, Serial No. 69. 
 (2) It shall come into force at once and shall– 
(i) in respect of the property referred to in paragrap h (A) of the Schedule, 
be deemed to have taken effect on and from the 19th July, 1961; and 
(ii) in respect of the property referred to in paragraph (B) of the Schedule 
be deemed to have taken effect on and from the 18th January, 1962. 
2. Definitions.– In t his 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 West Pakistan Water and Power Development 
Authority established under th e Water and Power Development 
Authority Act, 1958 (West Pakistan Act No. XXXI of 1958); 
(b) “Government” means the 
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[Provincial Government of the Punjab]; 
(c) “Martial Law Orders Nos. 92 and 109” means the Martial Law Orders 
Nos. 92 and 109 issued by the M artial Law Administrator, Zone ‘B’ on 
the 19th July, 1961 and 18th January, 1962, respectively; 
(d) “property” means a property described in the Schedule; and 
(e) “Schedule” means 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, 1962 ( West 
Pakistan 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 properties, 
summarily ejecting, if necessary, any person in occupation of any part 
thereof; 
(b) the compensation for the properties 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 properties 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 properties 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 (Extr aordinary), dated November 20, 1974, pp . 1425-A-1425-PP, Article 2(1) read with 
Schedule, Part III, Serial No. 69. 
2Substituted for the words “Government of West Pakistan” by the Order ibid. 
(e) the actions taken under Martial L aw Orders Nos. 92 and 109 shall be 
deemed to have been validly taken under this Ordinance and shall be 
continued. 
SCHEDULE 
(A) Jodha Mal Building No. SE -19-R-85 bearing Khasra No. 1049 of Khasra 
Amarti, 1957-58, Village Mozang, Tehsil and District Lahore,  acquired under 
Martial Law Order No. 92, dated 19th July, 1961. 
(B) Mela Ram Building No. SE -19-R-83, bearing Khasra No. 1049 of Khasra 
Amarti 1957 -58, measuring, 21 kanals, 5 marlas and 190 square feet, 
comprising buildings and open site and vacant site measuring 3 kanals and 2 
marlas bearing Khasra No. 1044, acquired under Martial Law Order No. 109, 
dated 18th January, 1962.