The West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956
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Main Category: | Acts | ||||||||||||||||||||||||||||||
Specific Category Name: | Land | ||||||||||||||||||||||||||||||
Year | 1956 | ||||||||||||||||||||||||||||||
Promulgation Date: | 30-06-1956 | ||||||||||||||||||||||||||||||
Details: | THE WEST
PAKISTAN REQUISITIONING OF IMMOVABLE PROPERTY (TEMPORARY POWERS) ACT,
1956. CONTENTS SECTIONS. 1.
Short title, extent and
commencement. 2.
Definitions. 3.
Requisitioning of property. 4.
Release from requisition. 5.
Repairs and additions to
requisitioned buildings. 6.
Compensation to be assessed in
accordance with certain principles. [1][6-A. Cases in which increase of compensation
permissible.] 7.
Payment of compensation. 8.
Power to obtain information. 9.
Power to give effect to orders. 10.
Delegation of functions. 11.
Exemption from legal processes. 12.
Protection of actions under this
Act. 13.
Power to make rules. 14.
Repeal of certain Acts and
Ordinances.
[2]THE
WEST PAKISTAN REQUISITIONING OF IMMOVABLE PROPERTY (TEMPORARY POWERS) ACT, 1956
[30th
June, 1956].
WHEREAS, it is expedient to
make provision for temporary requisitioning of immovable property;
(2)
It shall extend to the whole of [3][Khyber
Pakhtunkhwa except the Tribal Areas.] (3)
It shall come into force at once.
(i)
"Building" means any
building or part of a building and includes any land, godowns or out-houses
attached to it; (ii) "Court"
means the principal Court of original civil jurisdiction in the District; (iii) "Owner"
includes the successor-in-interest of an owner, a mortgagee in possession and a
lessee for a fixed period who has paid rent for the whole of that period in
advance; (iv) "Ordinary
repairs" means annual white washing; colour washing and such
other internal and external repairs as are normally done to a building; (v) "Special
repairs" means any other repairs not falling in the definition of
"ordinary repairs"; and (vi) "Provincial
Government" means the Government of [4][Khyber
Pakhtunkhwa].
Provided that no building used for
the purpose of religious worship or imparting education and no building
situated in a cantonment within the meaning of the Cantonments Act, 1924, shall
be requisitioned under this Act:
Provided further that no building
which is an evacuee property shall be requisitioned except with the prior
approval of the Central Government:
Provided also that if a building is
in occupation of any person, no order for its requisitioning shall be passed
unless a notice of, at least, two weeks is given to the occupant to show cause
against the action proposed to be taken and if and when an order of
requisitioning is passed, the occupant shall be allowed a period of one month,
at least, to vacate the building and such occupant shall thereupon comply with
that order:
Provided that no owner in occupation
of a [7][residential]
house shall be required to vacate it.
(2) If the notice mentioned in the third proviso
to sub-section (1) cannot be served on the occupant personally, affixation of
the notice on a conspicuous part of the building or service by means of a
proclamation or by means of a notice in the official Gazette and local press
shall be deemed to be sufficient service for the purpose of this section.
(3) Where the Provincial Government
has requisitioned any building under sub-section (1) it may use or deal with it
in such manner as may appear to it to be expedient.
(2) The delivery of possession of
the building to the person specified in an order made under sub-section (1)
shall be a full discharge of the Government from all liability in respect of
the property which any other person may be entitled, by due process of law, to
enforce against the person to whom possession of the building is so delivered.
(3) Where the person to whom
possession of any building is to be given cannot be found and has no agent or
other person empowered to accept delivery on his behalf, the Government shall
cause a notice declaring that the building is released from requisition to be
published in the official Gazette and to be affixed on some conspicuous part of
the property. (4) When a notice referred to under
sub-section (3) is published in the official Gazette, the building specified in
the notice shall cease to be subject to requisition on and from the date of
such publication and shall be deemed to have been delivered to the person
entitled to the possession thereof, and the Government shall not be liable for
any compensation or other claim in respect of the building for any period after
the said date. (5) When any building is released
from requisition it shall be restored to the owner in the same condition in
which it was requisitioned unless the owner agrees in writing, to receive it
with any additions or structural alterations or improvements made by the Provincial
Government.
(2) The special repairs shall be
carried out by the owner. If he neglects to do so, the Provincial Government
shall be competent to direct by an order that the necessary repairs may be
carried out by the said Government's own officers and that the cost thereof may
be deducted from the compensation payable under section 6:
Provided that no such direction
shall be given except after such notice to the owner as the Provincial
Government considers reasonable:
Provided further that if the need
for effecting repairs is so urgent that in the opinion of the Provincial
Government, for reasons to be recorded, a notice to the owner will result in
further deterioration of the condition of the building, the direction for
carrying out the necessary repairs may be given without such notice.
(3) If the owner is dissatisfied by
an order passed under subsection (2) or disputes the amount claimed to have
been spent on such repairs, he may, by an application, refer the matter to the
arbitrator appointed under section 6 and the latter shall, after holding such
inquiry as may be deemed necessary, pass such orders as the circumstances of
the case require. The order passed by an arbitrator shall be final and
conclusive between the parties and no separate appeal shall lie against it, but
it shall be liable to be challenged by means of an application given by the
owner or the Provincial Government to the High Court, if any proceedings with
regard to the building are pending in that Court under section 6.
(4) The Provincial Government may,
if it considers necessary or expedient, make additions or structural
alterations or improvements to the building at its own cost, with previous
approval of the owner obtained in writing. The owner shall not be liable to
contribute towards the cost of such additions or structural alterations or
improvements nor shall the amount so spent be deducted out of the compensation
awarded. The owner shall not be allowed any increase in compensation on account
of such additions or structural alterations or improvements.
(a) Where
the amount of compensation can be fixed by agreement it shall be paid in
accordance with such agreement. (b) Where
no such agreement can be reached the Provincial Government shall by a general
or special order, for any case or class of cases, [8]appoint
as arbitrator a person qualified under Article 167 of the Constitution for
appointment as a Judge of a High Court. (c) The
Provincial Government may, in any particular case, nominate a person having
expert knowledge as to the nature of the building requisitioned to assist the
arbitrator and where such nomination is made, the owner may also nominate an
assessor for the said purpose. (d) At
the commencement of the proceedings before the arbitrator the Provincial
Government and the owner shall state what, in their respective opinions, is a
fair amount of compensation. [9][(e)
The arbitrator in making his award shall take into consideration the initial
cost of construction of that building including the land and the prevailing
rate of rent of similar building in the locality]: [10][2
. . . . . . . ] (3)
An appeal shall lie to the High Court against an award of an arbitrator. (4)
Save as provided in this section and in any rules made under this Act nothing
in any law for the time being in force shall apply to the arbitration under
this section.
(5)
An award given by the arbitrator, subject to the result of the appeal, if any,
shall be conclusive and final between the parties and shall not be called into
question by means of a suit or otherwise except as provided by this Act.
(6)
The award may, on an application being filed in the Court, be executed as if it
were a decree of a civil court.
(2) The amount of compensation if
increased on grounds of addition, improvement or alteration made permissible
under this section shall not exceed the fair rent payable under this Act for a similar
building in the same locality with such addition, improvement or alteration and
it shall not be chargeable until such addition, improvement or alteration has
been completed.
(3) Any dispute between the owner
and the Provincial Government with regard to any increase claimed on grounds of
addition, improvement or alteration made permissible under this section shall
be decided by the Court.]
(2) If any person fails to furnish
any information required by an order under sub-section (1) or furnishes any
information which is false and which he either knows or his reasonable cause to
believe to be false or does not believe to be true he shall be punished with
imprisonment which may extend to one year or with fine or with both.
(2) No order made in exercise of any
power conferred by or under this Act shall be called in question in any Court.
(3) Where an order purports to have
been made and signed by any authority in exercise of any power conferred by or
under this Act it shall be presumed that such an order was so made by that
authority.
(2) Save as otherwise expressly provided under
this Act no suit or other legal proceedings shall lie against the Government
for any damage caused or likely to be caused by anything, in good faith, done
or intended to be done in pursuance of this Actor any order made thereunder.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may prescribe— (a) the
procedure to be followed in arbitrations and other proceedings under this
Act; (b) the
principles to be followed in apportioning the cost of any proceedings mentioned
in clause (a) above, and of appeals.
(1)
The Sindh Crown Servants (House
Accommodation) Act 1947; (2)
The Sindh (Requisition of Land)
Act, 1947; (3)
The North-West Frontier Province Premises
(Requisition and Eviction) Act, 1953; (4)
The Bahawalpur Requisitioning of
Immovable Property (Temporary Powers) Act, 1955; (5)
The Punjab Requisitioning of
Immovable Property (Temporary Powers) Ordinance, 1955[;][13] [14][(6)
The Khairpur State Premises (Requisition and Eviction Act, 1947]. (2) Notwithstanding the repeal of
the enactments mentioned in sub-section (1) everything done, action taken,
obligation, liability, penalty or punishment incurred, inquiry or proceeding
commenced, officer appointed or person authorised, jurisdiction or powers
conferred, rule made and order issued under any of the provisions of the said
enactments shall, if not inconsistent with the provisions of this Act, be
continued and, so far as maybe deemed to have been respectively done, taken,
incurred, commenced, appointed, authorised, conferred, made or issued under
this Act. [1] Inserted vide Khyber Pakhtunkhwa Ordinance No. III of
1985. [2] For Statement of Objects and
Reasons see Gazette of West Pakistan 1956 Extraordinary pp.470 and 471 and for
Proceedings in Assembly, see West Pakistan Assembly Debates Vol. I pp. 954 to
976. [3] Subs: by Khyber Pakhtunkhwa Adapt: of Laws Order 1975, and then substituted
vide Khyber Pakhtunkhwa Act No. IV of 2011. [4] Subs: by Khyber Pakhtunkhwa Adapt: of Laws Order 1975, and then substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. [5] Subs, for the words "its
officers or offices" by W. P. Ord. II of 1959 s.2. [6] Ins. by W. P. ord. XXXIV of 1965,
s.3 Sch: II. [7] Ins by W.P. Act. No. XVIII of 1957. [8] All such Additional District Judges
in the Province of West Pakistan (except the Federal Capital) as are qualified
for appointment as Judge of a High Court to be arbitrators for the purpose of
sections 5 and 6 with respect to requisitioned buildngs situated within their
respective jurisdiction: see Gazette of West Pakistan, 1958 Extraordinary p.
1703. [9] Clause (e) subs. by Khyber
Pakhtunkhwa Ord. III of 1985 s.2. read
with Schedule. [10] Sub-section (2) omitted ibid. [11] section 6-A, ins. by Khyber Pakhtunkhwa Ord. III of 1985,s. 2. read with Schedule. [12] For delegation of Powers under this section, see Gazette of West Pakistan 1957 Pt. 1 P, 350. [13] Full-stop
at the end of clause (5) substituted by a semi-colon by W.P. Act XVIII of 1957
s.3 [14] New clause (6) added by W.P. Act XVIII of 1957 s.3 |