DISPOSITIONS (SAVING OF SHAMILAT) ORDINANCE, 1959
(W.P. Ordinance I of 1959)
1. Short title and
3. Shamilat not
included in disposition of land unless specifically
mentioned as subject matter of the disposition.
LAND DISPOSITIONS (SAVING OF SHAMILAT) ORDINANCE, 1959
(W.P. Ordinance I of
An Ordinance to provide for a uniform
interpretation of general expressions with regard to disposition of
“Shamilat” lands in the Province of
WHEREAS it is expedient to provide for a uniform interpretation of general
expressions with regard to disposition of “Shamilat” lands in the Province
of the [the
Now, THEREFORE, in pursuance of the
Presidential Proclamation of the seventh day of October, 1958, and in
exercise of all powers enabling him in that behalf, the Governor of West
Pakistan is pleased to make and promulgate the following Ordinance:-
1. Short title and extent.—
(1) This Ordinance may be called [the
Punjab] Land Dispositions (Saving of Shamilat) Ordinance,
[(2) It extends to the
whole of the Province of [the
Punjab] except the Tribal Areas].
In this Ordinance, unless there is anything repugnant in the subject or
context, the expression “Shamilat” means land described as such in the
Record of Rights, and the land so described, shall be deemed to be Shamilat,
notwithstanding that the whole or a part of it is in the possession of one
or more of the proprietors in the estate, or of any other person.
Shamilat not included in disposition of land unless specifically mentioned
as subject matter of the disposition.—
(1) Notwithstanding any law, usage or custom to the contrary, in any
disposition of land, whether testamentary or otherwise, effected by the
maker by means of a writing or orally and whether made before or after the
commencement of this Ordinance, words or phrases of a general nature,
purporting to convey rights or interests incidental, contingent, or
collateral, to that land, shall not be so construed as to include therein
the Shamilat or any portion thereof appurtenant to such land, unless such
Shamilat or a portion thereof has been specifically mentioned as the subject
matter of the disposition.
(2) This section shall not affect any
decision of a competent court or authority given before the commencement of
it is not open to review, appeal or revision, or
it is so open, no such proceedings have been taken, and the decision has
consequently become conclusive between the parties.
The Punjab Land Dispositions (Saving of Shamilat) Act, 1951,
is hereby repealed.