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THE [KHYBER
PAKHTUNKHWA] REQUISITIONING OF IMMOVABLE PROPERTY FOR DEFENCE PURPOSES OF
PAKISTAN ORDINANCE, 1981.
[KHYBER
PAKHTUNKHWA]ORDINANCE NO. IV OF 1981.
[Peshawar, 13th Arpil, 1981]
AN
ORDINANCE
CONTENTS
PREAMBLE
SECTIONS:
1.
Short title, extent and commencement.
2.
Definitions.
3.
Requisitioning, etc of immovable property.
4.
Continuance of requisitioned immovable property.
5.
Composition for requisitioned immovable property.
6.
Revisions of compensation.
7.
Delegation of power by Provincial Government.
8.
Police to assist the authorized officer.
9.
Penalty.
10.
Ordinance to over-ride other laws.
11.
Indemnity.
12.
Appeal.
13.
Bar of Jurisdiction.
14.
Power to make rules
THE [KHYBER
PAKHTUNKHWA] REQUISITIONING OF IMMOVABLE PROPERTY FOR DEFENCE PURPOSES OF
PAKISTAN ORDINANCE, 1981.
[KHYBER
PAKHTUNKHWA]ORDINANCE NO. IV OF 1981
[13th Arpil, 1981]
AN
ORDINANCE
to provide for the requisitioning and
retention of immovable property for the purpose of the defence of Pakistan.
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WHEREAS it is expedient to provide
for the requisitioning and retention of immovable property for the purpose of
defence of Pakistan and for matters connected therewith or ancillary thereto;
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Preamble
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AND WHEREAS the Governor
of the [Khyber Pakhtunkhwa] is satisfied that
circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in
pursuance of the Proclamation of the fifth day of July, 1977, read with the
Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and
in exercise of all powers enabling him in that behalf, the Governor of the [Khyber Pakhtunkhwa] is pleased to make and
promulgate the following Ordinance:
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1. (1) This
Ordinance may be called the [Khyber Pakhtunkhwa] Requisitioning of Immovable Property for
Defence Purposes Ordinance, 1981.
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Short title, extent and commencement
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(2) It extends to whole of the [Province of the Khyber Pakhtunkhwa].
(3) It shall come into force at once and
shall be deemed to have taken effect on and from the twentieth day of July,
1975.
2.
In this Ordinance, unless the context otherwise requires,- Definitions.
(a) “Province” means the [Khyber Pakhtunkhwa]; and
(b) “Government” means
the Government of the [Khyber Pakhtunkhwa].
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3. (1) Where
it is necessary or expedient to requisition any immovable property situate in
the Province for the purpose of defence of Pakistan, Government, on receipt
of a requisitioning in writing in that behalf from the Federal Government,
shall, by order in writing, requisition the immovable property on behalf, and
at the expense, of the Federation, for such period as may be required by the
Federal Government and make such further orders as appear to it to be necessary
or expedient in connection with the requisitioning or use of the property.
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Requisitioning etc, of
immovable property.
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[(2) Where the Government has requisitioned any
immovable property under sub-section (1), it may serve on the owner thereof or,
where the owner is not readily traceable or the ownership is in dispute,
publish in the official Gazette and a local newspaper, a notice stating that
Government has decided to requisition the immovable property in pursuance of
this section, and affix a copy of such notice on a conspicuous part of the
property or proclaim the same by beat of drum in the locality.
(3) Where a notice of requisition is served on the owner of the
property or published in the official Gazette under sub-section (2), then, after
fifteen days of the day on which the notice is so served or published, the
immovable property shall vest in Government free from any mortgage, pledge,
lien, lease or other similar encumbrance, and Government shall hand over
possession of the property to such person as may be specified by the Federal
Government.
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4. Where, since before the coming into
force of this Ordinance, any immovable property has been in possession or use
of the Federal Government for the purpose of defence of Pakistan under any
lease or agreement or otherwise, it shall be deemed to have been requisitioned
under section 3 and all the provisions thereof shall have effect accordingly.
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Continuance of requisitioned immovable
property.
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5. (1) Where
the immovable property is requisitioned under this Ordinance, the owner
thereof shall be paid compensation, the amount of which shall be determined
in the manner and in accordance with the principles hereinafter set out, that
is to say-
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Composition for requisitioned immovable
property.
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(a)
where the amount can be fixed or the terms can be settled by agreement,
it shall be paid in accordance with such agreement; and
(b)
where no such agreement can be reached, Government shall appoint
the Commissioner of the Division concerned to be the arbitrator whose
decision, subject to section 12, shall be final.
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(2) The arbitrator in giving his decision
shall among other things, have regard to-
(a) the nature of the
requisition, that is to say, whether it is temporary in character or for an
indefinite period;
(b) the market value
of the immovable property at the time of its requisition;
(c) the rent of
similar accommodation in similar circumstances prevailing in the locality on
the date of requisitioning; and
(d) the factors given
in sections 23 and 24 of the Land Acquisition Act, 1894 (I of 1894), in so far
as they may provide guidance for determining a fair amount of compensation.
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6. The compensation payable under
section 5 shall be revised after every (three)
years from the date of requisition of land and the amount of compensation on
such revision shall be determined in accordance with the provisions of
section 5.
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Revision of compensation.
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7.
Government may, by notification in the official Gazette, direct that any
power exercised by it under this Ordinance may also be exercised by an
officer subordinate to it.
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Delegation of power by Provincial Government.
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8. If any officer authorized under
section 7 to exercise any power under this Ordinance requires police
assistance in the exercise of his power thereunder, he may send requisition
to the Officer Incharge of the nearest Police Station who shall on such
requisition render the assistance required.
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Police to assist the authorized officer.
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9. Any person who, after the promulgation
of this Ordinance, trespasses into the immovable property vesting in
Government under this Ordinance or creates any obstruction in the use of such
property shall, on conviction before a Magistrate, be punished with
imprisonment which may extend to six months, or with fine which may extend to
five thousand rupees or with both.
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Penalty.
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10. The provisions of this Ordinance shall
have effect notwithstanding anything contained in any other law, for the time
being in force, or any decree or order passed by any Court or any agreement
or contract entered into or made before or after the commencement of this Ordinance.
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Ordinance to over-ride
other laws.
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11. No suit, prosecution or other legal
proceeding shall lie against Government or any other person for anything in
good faith done or intended or deemed to be done in pursuance of this Ordinance.
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Indemnity.
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12. Any person aggrieved by the decision of
the Commissioner under sub-section (2) of section 5 may prefer an appeal to
the High Court.
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Appeal.
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13. Except as provided in section 12, no
Court shall-
(a) call into question or permit to be
called in question any order made or anything done or any action taken or
deemed to be made, done or taken, under this Ordinance; and
(b) give any injunction or make any order,
nor shall any Court entertain any proceedings, in relation to anything done
or intended or deemed to be done under this Ordinance.
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Bar of
Jurisdiction.
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14. Government may, by notification in the
official Gazette make rules for carrying out the purposes of this Ordinance .
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Power to make rules.
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LIEUTENANT GENERAL FAZLE HAQ
GOVERNOR OF THE KHYBER
PAKHTUNKHWA
Peshawar,
Dated the
10th April, 1981
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