REQUISITIONED LAND (CONTINUANCE) ACT, 1958
(W.P. Act XXX of 1958)
C O N T E N T S
1. Short title, extent
3. Continuance of
4. Release from
5. Powers to acquire
6. Payment of
7. Power to obtain
8. Delegation of
9. Protection of
action taken under the Act.
10. Repeal and Saving.
REQUISITIONED LAND (CONTINUANCE) ACT, 1958
(W.P. Act XXX of 1958)
An Act to provide for the continuance of
certain powers in relation to requisitioned land
Preamble.— WHEREAS it is expedient to
provide for the continuance of certain powers in relation to requisitioned
It is hereby enacted as follows:-
1. Short title, extent and
commencement.— (1) This Act may be called the
(Continuance) Act, 1958.
(2) It extends to the whole of
[* * *]
[the Tribal Areas].
(3) It shall come into force at once.
2. Definitions.— In this Act, unless
there is anything repugnant in the subject or context—
(i) “Government” means the [Provincial
Government of the Punjab];
land” means immovable property requisitioned under the rules made under the
Defence of India Act, 1939,
which immediately before the commencement of this Act continues to be under
(iii) “State” means the
or the Provincial Government, as the case may be, for whom any land has been
requisitioned or is acquired.
3. Continuance of requisitions.—
Notwithstanding the expiration of the Defence of India Act, 1939,
and the rules made thereunder, the repeal of the Requisitioned Land
(Continuance of Powers) Ordinance, 1946,
the repeal of the Requisitioned Land (Continuance of Powers) Act, 1947,
the expiration of the Requisitioned Land (Continuance of Powers) Ordinance,
and the expiry of the West Pakistan Requisitioned Land (Continuance of
Powers) Act, 1957,
all requisitioned land shall continue to be subject to requisition and the
Provincial Government may use or deal with any requisitioned land in such
manner as may appear to it to be expedient:
Provided that the Provincial Government
may at any time release from requisition any requisitioned land.
4. Release from requisition.— (1)
Where any requisitioned land is to be released from requisition, the
Government may, after making such inquiry, if any, as it considers
necessary, specify by order in writing the person to whom possession of the
land shall be given.
(2) The delivery of possession of the
requisitioned land to the person specified in an order made under
sub-section (1) shall be a full discharge of the State from all liability in
respect of such delivery, but shall not prejudice any rights in respect of
the land which any other person may be entitled by due process of law to
enforce against the person to whom possession of the land is so delivered.
(3) When the person to whom
possession of any requisitioned land 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 land is released from
requisition to be affixed on some conspicuous part of land and publish the
notice in the office Gazette [and
in two daily newspapers].
(4) When a notice referred to in
sub-section (3) is published in the official Gazette, the land specified in
such notice shall cease to be subject to requisition on and from the date of
such publication and be deemed to have been delivered to the person entitled
to possession thereof; and the State shall not be liable for any
compensation or other claim in respect of the land for any period after the
5. Powers to acquire requisitioned land.—
(1) Subject to the provision of sub-section (3), the Government may
* *] at any time when any requisitioned land continues to be subject to
requisition under section 3, acquire such land by publishing in the official
Gazette a notice to this effect.
(2) When a notice as aforesaid is
published in the official Gazette, the requisitioned land, shall on and from
the beginning of the day on which the notice is so published, vest
absolutely free from all encumbrances in the
[* * *], Government,
as the case may be, and the period of requisition of such land shall end.
(3) No requisitioned land shall be
acquired under this section except in the following circumstances, namely—
(a) Where any works have, during the period of requisition, been
constructed on, in or over the land wholly or partly at the expense of the
State and it is considered necessary by the State that the value of, or the
right to use, such works should be reserved or secured for the purposes of
the State; or
(b) where the cost of
restoring the land to its condition at the time of its requisition would, in
the determination of the State, be excessive having regard to the value of
the land at that time and the owner declines to accept the release from
requisition of the land without payment of compensation.
Explanation— “Works” includes
buildings, structures and improvements of every description.
(4) Any decision or determination of
the State under sub-section (3) shall be final and shall not be called in
question in any Court.
6. Payment of compensation.—
(1) In respect of the continued subjection of requisitioned land to
requisition under this Act, compensation shall be determined and paid in
accordance with the provisions of section 19 of the Defence of India Act,
and of the rules made thereunder:
Provided that for the words “Central
Government” wherever occurring in the said section and the rules the words
“Provincial Government” shall be deemed to have been substituted for the
purpose of this section:
Provided further that all agreements and
awards under the said section in respect of the payment of compensation for
the period of requisition before the expiry of the said Act shall continue
to be in force and shall apply to the payment of compensation for the period
of requisition after such expiry.
[(2) In respect of any
acquisition of requisitioned land under this Act, the amount of
compensation payable shall be determined in accordance with the provisions
of the Land Acquisition Act, 1894.]
(3) For the purposes of sub-section (1)
all the provisions of the aforesaid section 19 and of the rules made
thereunder, as amended by this section, shall be deemed to be continuing in
7. Power to obtain information.— (1)
The Government may, with a view to carrying out the purposes of sections 3
to 6, by order require any person to furnish to such authority as may be
specified in the order such information in his possession relating to any
requisitioned land as may be specified.
(2) Every person required to furnish such information as is referred to in
sub-section (1) shall be deemed to be legally bound to do so within the
meaning of sections 176 and 177 of the Pakistan Penal Code, 1860.
8. Delegation of functions.— The
Government may, by order notified in the official Gazette, direct that any
power conferred or any duty imposed on it by this Act shall, in such
circumstances and under such conditions, if any, as may be specified in the
order, be exercised or discharged by such officers as may be so specified.
9. Protection of action taken under the
Act.— (1) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is, in good faith, done or intended to
be done in pursuance of this Act or order made thereunder.
No suit or other legal proceedings shall lie against the State for any
damage caused or likely to be caused by anything, in good faith, done or
intended to be done in pursuance of this Act or any order made thereunder.
10. Repeal and Saving.—
(1) The West Pakistan Requisitioned Land (Continuance) Ordinance, 1958
is hereby repealed.
(2) Notwithstanding the expiry of
the West Pakistan Requisitioned Land (Continuance of Powers) Act, 1957,
everything done, action taken, obligation, liability or penalty incurred,
power conferred or exercised, orders issued under the said Act and
everything deemed to have been done in exercise of the powers conferred by
or under the said Act, shall be continued and be deemed to have been
respectively done, taken, incurred, conferred, exercised or issued under
statement of objects and reasons, see Gazette of West Pakistan
(Extraordinary), dated 27th January, 1957, pp. 264 and 265.
This Act was passed by the West Pakistan
Assembly on 29th March, 1958; assented to by the Governor of West
Pakistan on 19th April, 1958; and published in the West Pakistan Gazette
(Extraordinary), dated 24th April, 1958 pages 683-87.
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for
words “Federal Capital and” deleted by the West Pakistan Requisitioned
Land (Continuance) (Amendment) Ordinance, 1962 (XXXI of 1962).
for the words “the Special Areas” by the West Pakistan Laws (Adaptation)
for “Government of West Pakistan”, by the Punjab Laws (Adaptation)
Order, 1974 (Pb. A.O. 1 of 1974).
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for the word “Central” which was earlier subs., for the word “Federal”
by West Pakistan Laws (Adaptation). Order, 1964.
Pakistan Act II of 1957.
by the Punjab Requisitioned Land Continuance (Amendment) Ordinance, 1985
(XXV of 1985).
words, “and when so required by the Federal Government under Article 128
of the Constitution shall” omitted by the West Pakistan Laws
(Adaptation) Order, 1964, section 2(i) Schedule Part VIII.
words “Federal or the Provincial” omitted ibid.
by the West Pakistan Requisitioned Land (Continuance) (Amendment)
Ordinance, 1962 (XXXI of 1962).