[1][KHYBER PAKHTUNKHWA] ORDINANCE NO.VIII OF 1972.
THE KHYBER PAKHTUNKHWA TIMBER MARKET (PESHAWAR) ORDINANCE. 1972

Peshawar, the 31st March 1972.

AN

ORDINANCE

PREAMBLE

SECTIONS

1.         Short title, and commencement.

2.         Definitions.

3.         Acquisition of land for timber market.

4.         Establishment of timber market.

5.         Direction by Commissioner.

6.         Prohibition to carry on business.

7.         Penalty.

8.         Bar to the jurisdiction of Courts.

9.         Indemnity.

            SCHEDULE.

[2][KHYBER PAKHTUNKHWA]ORDINANCE NO.VIII OF 1972.
THE KHYBER PAKHTUNKHWA TIMBER MARKET (PESHAWAR) ORDINANCE. 1972

Peshawar, the 31st March 1972.

AN

ORDINANCE

To provide for the establishment of a timber market in the revenue
estate of village Achar.

            NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Proclamation of 20th December, 1971, and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor of the [3][Khyber Pakhtunkhwa]is pleased to make and promulgate the following Ordinance.-

            (2)        It shall come into force at once.

(a)     “allot” in all grammatical variations includes to allot by drawing lots or by auction or by exchange of allotted sites, and “re-allot” shall be construed accordingly;

(b)    “Government” means the Government of the [5][Khyber Pakhtunkhwa];

(c)     “land” means the land described in the Schedule to this Ordinance, required for establishment of the timber market; and

(d)    “timber” includes bamboos.

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

(b)   The compensation for the land and crops, if any, standing thereon shall be assessed by the Collector, Peshawar, on the principles laid down in the laid down in the Land Acquisition Act, 1894 (Act 1 of 1894), and the assessment, subject to the confirmation by the Commissioner, Peshawar Division, shall be final;

(c)    the compensation awarded shall be paid by the Peshawar Improvement Trust, Peshawar;

(d)   Government shall transfer the said land to the Peshawar Improvement Trust subject to the provisions of section 41 of the Land Acquisition Act, 1894 (Act 1 of 1894), so far as applicable, as if the Peshawar Improvement Trust were a Company and shall put the Peshawar Improvement Trust in possession there of and thereupon the said land shall be deemed to have been duly acquired by the Peshawar Improvement Trust free from all encumbrances.

            (2)        The Peshawar Improvement Trust, its Chairman or any other officer authorized by the Trust in that behalf, shall have the power to-

(a)    allot sites to timber merchants;

(b)   determine the price of the site allotted to each timber merchant and the terms and conditions of payment thereof, and the method of recovery in case of default; and 

(c)    require the allottee to erect on the allotted site such structure and within such period as the Chairman may determine.

            (3)        Subject to the approval of Government, the Peshawar Improvement Trust shall have power, at any stage, to modify, alter amend or change the purpose or use for which any site has been earmarked in the original layout and to earmark it for any other purpose or use connected with the establishment of the timber market.

SCHEDULE

LIST OF KHASRA NUMBERS OF MAUZA ACHAR, THSIL AND
DISTRICT PESHAWAR.

Khasra Nos. 1037, 38, 39, 40, 41, 42, 43, 61, 62, 63, 64, 65, 66, 67, 68, 2494/1069/1,2495/1069/2,2301/1070,2302/1070,1071,72,73,74,75,76,1076/1,1077,78,79,80,81,82,2345/1083,1083/1,1084,2306/1085,2307/1085,86,87,88,89,90,91,92,93,94,95,96,97,98,99,1100,2303/1101,1102,3,4,5,6,7,8,9,1109/1,1110,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27, 28, 29, 30, 31, 32.

Total area.- 16 acres 2 Kanals and 7 marlas.