Lands and Buildings
(Recovery of Possession) Ordinance, 1966
(W.P. Ordinance IX of
An Ordinance to provide for the speedy
recovery of possession of Government lands and buildings
Preamble.— WHEREAS it is expedient to
provide for the speedy recovery of possession of Government lands and
buildings from outgoing lessees and licencees and unauthorised occupants,
and for matters ancillary thereto;
AND WHEREAS the Provincial
Assembly of West Pakistan is not in session and the Governor of West
Pakistan is satisfied that circumstances exist which render immediate
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
1. Short title, extent and
commencement.— (1) This Ordinance may be called the
and Buildings (Recovery of Possession) Ordinance, 1966.
(2) It extends to the whole
of the Province of
Punjab], except the Tribal Areas.
(3) It shall come into
force at once.
2. Definitions.— In this
Ordinance, unless there is anything repugnant in the subject or context,---
(a) “building” means a building
or part thereof, which vests in, or is in the possession or under the
management and control of, Government and includes the land appurtenant
“Government” means the
Government of the Punjab];
(c) “land” means land which
vests in, or is in the possession or under the management and control of
Government and is used or held for purposes other than agriculture;
“lease” and “lessee” have the same meanings as in the Transfer of Property
Act, 1882 (IV of 1882), and for the purpose of section 3, “lessee” includes
his heirs, assigns, legal representatives and all persons inducted by him
into the demised land or building;
(e) “licence” and “licensee”
have the same meanings as in the Easements Act, 1882 (V of 1882) and, for
the purpose of section 4, “licensee” includes all persons inducted by him
into the building to which the licence relates;
(f) “unauthorised occupant”
means a person who is in occupation of any land or building without the
express permission or authority of the Government and includes—
(i) a person inducted
into any land or building by the lessee or licensee thereof; and
(ii) every member of the lessee’s or licensee’s
family who remains in occupation of any land or building after the
determination of the lease or licence in respect of the same.
3. Eviction of out-going lessees or licensees from land or
building.— If, on the expiry,
whether before or after the commencement of this Ordinance, of the period of
any lease or licence in respect of a land or building of which Government is
the lessor or licensor or on the determination of such lease or licence on
the ground of breach of any covenant imposing an obligation on the lessee or
licensee to give up possession of the demised land or building required for
any public purpose, the lessee or licensee refused or failed, or refuses or
fails, to vacate that land or building and put Government into possession of
the same, any officer authorised by Government in this behalf may,
notwithstanding anything contained in any other law for the time being in
force or in any contract, at any time, enter upon the demised land or
building and recover vacant possession of that land or building by evicting
the lessee or licensee and may also demolish and remove the structures, if
any, erected or built thereon by the lessee or licensee:
Provided that such officer shall,
before demolishing and removing any structures under this section, issue a
notice to the lessee or licensee calling upon him to remove such structures
within the period specified in the notice.
4. Revocation of licence and
recovery of possession of building in certain cases.— (1)
Notwithstanding anything contained in any other law for the time being in
force or in any contract, where the licensee of a building is a person in
the service of Pakistan, the licence in respect of such building shall, in
addition to the grounds mentioned in section 62 of the Easements Act, 1882
(V of 1882), stand revoked on the discharge, removal, dismissal,
resignation, retirement or death of such servant or on his transfer from the
station in which he is employed to any other station, after the expiration
of the period for which he or his dependents may retain possession of the
building under the rules for the time being applicable to the licence.
(2) On the revocation of a licence in respect of a
building the licensee shall, notwithstanding anything contained elsewhere in
the aforesaid Act or in any other law for the time being in force or in any
contract, forthwith put the Government into possession of such building or
part, failing which any officer authorised by Government in this behalf may
enter and recover possession of the same by evicting the licensee:
Provided that the licensee shall
be given notice of not less than fourteen days for vacating such building.
5. Eviction of unauthorised
occupants.— (1) If Government is satisfied after making such enquiry as
it thinks fit that a person is an unauthorised occupant of any land or
building, it may, by order in writing, direct such person to vacate the land
or building within the period specified in the order.
(2) If any person refuses
or fails to vacate any land or building as directed by an order made under
sub-section (1), any officer authorised in this behalf by Government may,
notwithstanding anything contained in any other law for the time being in
force, enter upon such land or building and recover possession of the same
by evicting such person and may also demolish and remove the structures, if
any, erected or built by that person.
6. Mode of recovery of possession.—
For the purpose of recovering possession of any land or building under the
provisions of section 3 or section 4 or section 5, an officer authorised by
Government in this behalf may use or cause to be used such force as may be
7. Recovery of cost of demolition
and removal of structures.— (1) The cost of demolition and removal of
structures under section 3 or section 5, hereafter in this section referred
to as the cost, shall be payable to Government, by the lessee or licensee or
the unauthorised occupant, as the case may be.
(2) If the cost is not paid
on demand, Government may cause the materials of the structures demolished
and removed under section 3 or section 5 to be sold in auction in such
manner as may be prescribed by rules.
(3) If the proceeds of the
sale under sub-section (2) are not sufficient to cover the cost, the balance
shall be recoverable as arrears of land revenue and, if such proceeds exceed
the cost, the excess shall be paid to the lessee, licensee or unauthorised
Explanation— In this
section, lessee and licensee mean the person in whom the ownership of the
structures vested at the time of their demolition and removal under section
3 or section 5.
8. Recovery of arrears of rent.—
If any rent payable in respect of any land or building has been in arrears
on the day of recovery of possession of such land or building, the amount
due on account of such arrears, with interest, if any, accrued thereon shall
be recoverable as arrears of land revenue.
9. Power to delegate.—
Government may, by notification in the official Gazette, direct that any
power exercisable by it under this Ordinance may be exercised also by any
authority or officer subordinate to it.
10. Jurisdiction of Civil Courts
barred.— No Civil Court shall pass an order in any suit or proceeding
granting a temporary or interim injunction restraining Government, or any
authority or officer authorised by it, from taking possession of any land or
building under this Ordinance.
11. Indemnity.— (1) No suit or legal
proceeding shall lie against Government in respect of anything which is, in
good faith, done or intended to be done under this Ordinance.
(2) No suit, prosecution or
other legal proceeding shall lie against any person in respect of anything
which is, in good faith, done or intended to be done under this Ordinance.
12. Requisition of police assistance.—
If any officer authorised to take action under this Ordinance requires
police assistance in the exercise of his powers thereunder he may send
requisition to the officer incharge of a police station who shall on such
requisition render the assistance required.
13. Power to make rules.— Government
may make rules for carrying out the purposes of this Ordinance.