THE PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969

(W.P. Ord. XXXI of 1969)

C O N T E N T S

Sections

1. Short title and commencement.

2. Validation of extension of period of compensation under section 114, Act XVI of 1887.

3. Extension of period for payment of compensation.

 

[1]THE PUNJAB TENANCY (VALIDATION AND EXTENSION OF PERIOD FOR PAYMENT OF COMPENSATION) ORDINANCE, 1969

(W.P. Ordinance XXXI of 1969)

[5 November 1969]

An Ordinance to validate the amendments made in the Punjab Tenancy (Amendment) Rules, 1953, in respect of extension of the period for payment of compensation by occupancy tenants and to further extend such period

Preamble. WHEREAS the Punjab Tenancy (Amendment) Rules, 1953, framed under sections 114 and 115 of the Punjab Tenancy Act, 1887, prescribed a period of two years from the date of issue of the said rules, within which occupancy tenants were entitled to pay compensation for acquiring proprietary rights in their tenancies;

AND, WHEREAS the said period of two years was extended from time to time, by amendments made in the said rules, upto 30th June, 1960;

AND, WHEREAS doubts have arisen as to the validity of the said amendments;

AND, WHEREAS it is expedient to validate the amendments in the said rules extending upto 30th June, 1960, the period within which the occupancy tenants were entitled to pay compensation for acquiring proprietary rights in their tenancies;

AND, WHEREAS it is expedient to further extend the period for payment of compensation by occupancy tenants who failed to do so;

NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, 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 commencement. (1) This Ordinance may be called the Punjab Tenancy (Validation and Extension of period for Payment of Compensation) Ordinance, 1969.

(2) It shall come into force at once.

2. Validation of extension of period of compensation under section 114, Act XVI of 1887. Notwithstanding anything contained in section 107 of the Punjab Tenancy Act, 1887 (Act XVI of 1887)

(a) the period for the payment of compensation by occupancy tenants for acquiring proprietary rights prescribed under the Punjab Tenancy (Amendment) Rules, 1953, shall be deemed to have been validly extended upto 30th June, 1960; and

(b) any compensation paid rights, acquired or liabilities incurred by or before the said date in accordance with the said rules, shall be deemed to have been validly paid, acquired or incurred, as the case may be.

3. Extension of period for payment of compensation. Notwithstanding anything contained in section 114 of the Punjab Tenancy Act, 1887 (Act XVI of 1887), and rules 3 and 4 of the Punjab Tenancy (Amendment) Rules, 1953, or any judgment, decree or order of any Court or other authority it shall be lawful for any person who occupied land as occupancy tenant at the time of the coming into force of the Punjab Tenancy (Amendment) Act, 1952 (Punjab Act VII of 1952), but who failed to pay compensation to the landlord in accordance with the provisions of the said rules 3 and 4, to acquire proprietary rights in the whole or a portion, as the case may be, of the land comprised in his tenancy, on payment of such compensation [2][on or before the thirty-first day of December, 1996] [3][:]

[4][Provided that when in any legal proceeding it is decided by any Court that any person has a right of occupancy such person may pay the compensation within six months of the decision of such proceeding or before the 30th July, 1972, whichever is later.]

 



[1]This Ordinance was promulgated by the Governor of West Pakistan on 31st October, 1969; published in the West Pakistan Gazette (Extraordinary), dated 5th November, 1969, pages 1971-73; saved by Article 281 of the Interim Constitution of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).

[2]Substituted by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) (Amendment) Act, 1992 (XII of 1992).

[3]Substituted, for the full-stop, by the Punjab Tenancy (Validation and Extension of Period for Payment of Compensation) (Amendment) Ordinance, 1971 (I of 1972).

[4]Added ibid., and shall be deemed always to have been so added.