Whereas an emergency has arisen which makes it necessary
to requisition immovable property within the limits of cantonments for purposes
other than of the Cantonment Boards;
Now, therefore, in exercise of the powers conferred by section 42 of the
Government of India Act, 1935 as adapted by the Pakistan (Provisional
Constitution) Order, 1947, and of all other powers enabling him in that behalf,
the
Governor-General is pleased to m and promulgate the following Ordinance :--
1. Short title and commencement.-(1) This Ordinance may be cited as "The
Cantonments (Requisitioning of Immovable Property) Ordinance, 1948".
(2) It shall come into force at once and shall remain till it is withdrawn
or ceases to operate.
(3) It extends to all the Cantonments excluding places of religious worship
therein, in the territories of Pakistan
2 Requisitioning of immovable property ---(1) If in the opinion of the Central
Government it is necessary or expedient so to do, the Central Government.
may by order in writing requisition any immovable property (excluding the
places of religious worship) and make such further o as appear to it to be
necessary or expedient in connection with requisitioning.
(2) Where the Central Government has requisitioned any immovable property
under the preceding sub-section it may use or deal with the property in such
manner as it thinks fit.
(3) No Court shall be competent to grant any injunction or other order in
relation to any proceeding before any officer exercising any power or discharging
any function under sub-section (1).
(4) The provisions of sub-section (1) shall remain in force until i before
the 1st day of January, 1962 and shall on that day stand repealed.
2.A. In the case of Rawalpindi Cantonment the Central Government may, either
before or after taking possession of any building requisitioned under this
Ordinance, require the owner of the building, by order in writing to complete
the same or carry out within such period such repairs, improvements or alterations
as may be specified in the order, and if the owner refuses to carry out the
order or fails to carry it out within the specified period, the Central Government
may carry it out or cause it to be carried out, and the cost of the completion
or the repairs, improvements and alterations so carried out shall be deducted
from the compensation to be paid under section 4j
3. Release of requisitioned property and delivery of the possession, etc.---(1)
Where any property requisitioned under section 2 is to be released from requisition,
the Central Government may after making such inquiry, if any, as it considers
necessary, specify by order in writing, the person to whom possession of the
property shall be given.
(2) The delivery of possession of the property to the
person specified man
order made under sub-section (1) shall be a full discharge of the Government
from all liability all liability in respect of such delivery but shall not
prejudice any rights in respect of the property which any other person may
be entitled by the process of law to
enforce against the person whom possession of the property is so delivery.
3) Where the person to whom possession of any property is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Governments shall cause a notice declaring that the property is released from requisitioning 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 property specified in the notice
shall cease to be subject to requisitioning 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 property for any period after the date of the said
notification.
4. Compensation for requisitioned property.---Where any immovable property
is requisitioned under this Ordinance, there shall be paid compensation the
amount of which shall be determined in the manner and in accordance with the
principles hereinafter set out, that is to say :--
(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 Central Government shall under
the rules to be framed by it under the clause fix a reasonable amount of compensation.
The rules 3 framed specifying the principles on which and the manner in which
compensation is to be determined shall be notified in the official Gazette.
(c) The compensation fixed by the Central Government under clause (b) above
shall be final and no suit or appeal shall lie against Government before any
Court of law in that behalf.
5. Acquisition of Information relating to immovable property.---(1) The Central
Government may, with a view to carrying out the purposes of this Ordinance,
by order require any person to furnish to such authority as may be specified
in the order such information in the possession relating to any immovable
property a may be so specified.
(2) If any person fails to furnish the information required by order under
sub-section (1) or furnishes any information which is false and which he either
knows or has reason to believe to be false or does not believe to be true
shall be punishable with imprisonment with a term which may extend to ix months
or with fine up to five hundred rupees or with both.
5.A The Central Government may make rules for carrying out the purposes of
this Ordinance.
6. Powers to secure compliance with an ordcr.---Thc Central Government may
take or cause to be taken such steps and use or caused to be used such force
as may in the opinion of that Government be reasonably necessary for securing
compliance with any order made by it under the Ordinance.
7. Delegation of powers by Central Government. The Central Government may be order notified in the official Gazette direct that any power conferred or any duty imposed on it by this Ordinance shall in such circumstances and under such conditions, if any as may be specified in the direction be exercised or discharged by such officer as may be so specified.
8. Bar of suits or legal proceedings.---(l) No suit,
prosecution or other legal proceedings shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Ordinance
or any rules or order made thereunder.
(3) No suit or other legal proceedings shall lie against the Government for
any damage caused or likely caused by anything in good faith done or intended
to be done or intended to be done in pursuance of this Ordinance or any order
made thereunder.
RULE THE DETERMINATION OF COMPEN
SATION FOR REQUISITIONED PROPERTY
No. 671/49, dated the 12th August, 1949.--ln pursuance of clause (b) of section,4 the Cantonments (Requisitioning of lmmovable Property) Ordinance, 1948 (IV of 1948) the Central Government is pleased t mike the following Rules, namely;
1. The compensation determined under these Rules shall
be compensation
2. (i) The compensation shall, if possible, be determined by agreement the
owner of the immovable property and the Military Estate Officer.
(ii) Where no such agreement is reached within reasonable time n be the rent
of the house on the basis of which the annual value is for the purposes of
taxation in the assessment list prepared by the Cantonment Board concerned
under section 66 of the Cantonments Act 1924 (II of 1924).
3. The owner of the house shall be liable for repairs to the house to keep
It id condition, and in his default the Military Estate Office may do the
i ax4 the cost thereof from the rent, provided that such deductions shall
not in any one year exceed a sum equivalent to 3 months' rent as determined
by these Rules.
4. The term "House" in these Rules means a building or let wholly or partially for residential purposes and includes:-
(i) any garden, grounds and outhouses appurtenant to
such building or part of a building; and
(ii) any furniture supplied by the landlord for use in such buildings or part
of a building.
CANTONMENTS (REQUISITIONING OF IMMOVABLE PROPERTY) ORDINANCE 1948
(Application to Balochistan)
No. D. 5575-B/52 dated 9th October, 1952 (Gazette 17th October, 1952) In exercise of the powers conferred by sub section (2) of section 95 of the Government of India Act, 1935 (26 Geo 5 Ch 2) the Governor General is pleased to direct that the Cantonment (Requisitioning of Immovable Property) Ordinance 1948 (IV of 1948) shall app;ly to Balochistan with the following modification namely;
For sub section (2) of section 1, fthe following shall be sustained:-
(2) It shall be deemed to have come into force in Balochistan on the 28th day of January 1948.
PAKISTAN CANTONMENT PROPERTY
RULES 1957
(1st January 1957)
No. 1/57 dated 1st January 1957. In exercise of the powers conferred by clauses (a) and (b) of section 111 of the Cantonments Act 1924 (II of 1924) Notification No. 936 dated the 26th June, 1925, as subsequently amended from time to time, the Central Government is pleased to make the following rules:
1. Short title, extent and commencement. (a) These rules may be called the Pakistan Cantonment Property Rules, 1957.
(b) These shall apply to all cantonments and shall come into force at once.
2. Definitions. (1) In these rules, unless there is
anything repugnant in the subject or context:
(a) the 'Act' means the Cantonments Act, 1924.
(b) The 'Board' means the Cantonment Board.
(c) 'Bazar Area' means bazaar area as defined in rule 2 (b) of the Cantonment
Land Administration Rules, 1937.
(d) 'Class C land' means land which is vested in the Board under section 108
of the Act;
(e) 'Executive Officer' means the Executive Officer of the Cantonment
(f) "Fund' means the Cantonment Fund as defined in section 106 of the
Act.
(g) ' Government' means the Central Government;
(h) 'Immovable property' includes land, benefit arising out of lands and attached
to the earth or permanently fastened to things attached earth, but does not
include standing timber, growing crops or grass.
(i) 'Movable property' includes standing timber, growing cropos and grass,
fruit upon and juice in trees, bark, lac, and property of every other description
except immoable property.
(2) Other expression used in these rules which are defined in the Act or rules
framed thereunder, are used in the same sense in these rules.
3. Registers of Cantonment property. (a) Registers
of immovable and movable property which vest in and belong to the Board shall
be maintained in the Forms No. Cantt 24-B, No. Cantt, 25-B, and No. Cantt.38-B
prescribed in the Pakistan Cazntonment Account Code 1955.
Site plans of the immovable property will be recorded in the relevant register.
(2) All class C lands in respect of which rent is payble
to Government shall be entered in the register schedcule XIX prescribed under
the Cantonment Land Administration Rules, 1937.
4. Purchase or lease of land otgher than land vested in the Government. Subject
to the provisions of section 109 and 110 of the Act, the Board may purchase
or taken on lease any immoable roperty (other than prop[erty which is vested
in the Government for the purposes of the Central Government) that may be
required for an immediate and definite purpose connected with the administration
of the Government.
Provided that the Board shall not acquire any property except with the sanction
of Government or the appointed authority.
5. Application for Acquisition of land under the Land
Acquisition Act, 1894.-(1) While making an application to Government under
section 110 of the Act, for acquisition of any immovable property, the Board
shall state clearly, the necessity for acquisition thereof, and shall also
submit an approximate estimate of compensation to be paid and of land revenue,
if any, to be remitted.
(2) The amount of' compensation awarded and all other charges incurred in
the acquisition of any such property shall be paid by the Executive Officer
after obtaining the orders of the Board in the normal way and thereupon the
said property shall vest in the Board.
(3) Where any land is required for a new Street or for the improvement of
an existing street, the Board may proceed to acquire (in the manner laid down
under section 110 of the Act) in addition to the land to be occupied, by the
street, the land necessary for the sites of the. buildings to be erected on
both sides of the Street and such land shall be deemed to be required for
the purposes of the Act.,
6. Transfer to Cantonment Board of land vested in the Government.---(1) When
any land in the cantonment which is vested in Government is required by the
Board for a purpose connected with the administration of the cantonment, the
Board may apply to the Government for the grant of land stating the reasons
and purposes.
The Government may transfer the land to the Board on such conditions, as it
may deem fit.
(2) If the land applied for is already occupied for any purpose, its transfer
to the Board shall be governed by the provisions of rule 7 of the Cantonment
Land Administration Rules, 1937.
(3) If the land is required for an object from which the Board may derive
income, it may be transferred to the Board on such conditions and on payment
of such annual rent as Government may consider equitable:
Provided that no rent shall be charged for Class C
land in Bazar Area:
Provided further that in special circumstances, land may be transferred free
of rent. , '
7. 'Resumption by Government.---(l) If at any time.
(i) the land transferred by the Government to the Board is not used for the
object for which it was granted
(ii) there has been, in the opinion of the Government, any breach of the conditions
on which it was transferred
(iii) the land is required for a public purpose ;
the Government may resume the land without payment
of any compensation pther th'an the amount paid by the, Board for such transfer
and the market 'value at time of resumption of any buildings, works or improvement,
subsequently erected, executed or made thereon by the Board, as the case may
be.
(2) The amount of compensation shall' be decided by the Government in such
case.
(3) No compensation may be payable for buildings or .works constructed or
erected in contravention of the terms of the transfer.
8. Transfer of immovable property by Cantonment Boards.- Immovable property
which vests in and belongs to the Board shall not be transferred to any person
by" the Board by way 'of sale, mortgage, exchange, or otherwise except
with the previous sanction of the Government and in such manner and n such
terms and conditions as the Government may approve either generally for any'
class of cases or specially in any particular case. '
9. Provisions governing the leasing of Cantonment property.---(1) No class
'C' land should be leased or otherwise alienated by the Board save in accordance
with such orders as the Government may issue in this behalf.
(2) Subject to the provisions of sub-rule (1) regarding class 'C' land and
section 200 of the Act, regarding public markets and slaughter-houses, Cantonment
Fund buildings may be leased by the Board on the following conditions --
(i) that a reasonable rent is reserved and made payable during the whole term
of the lease;
(ii) that the lease is not granted without the previous sanction of the Board
for any term exceeding five years and not exceeding ten years without the
previous sanction of the Director, Military Lands and Cantonments or for any
term exceeding ten years without the previous sanction of the Government or
the appointed authority
Provided that the Executive Officer may grant a lease
of any Cantonment Fund building for a term not exceeding five years, the annual
rent of which does not exceed three hundred rupees;' and the Cantonment Board
may delegate 'its functions under this rule to the Executive Officer either
generally for any class of cases or specifically in any particular case, and
(iii) that every lease agreement shall--
(a) specify in clear terms the purpose or purposes for which the leased property
may be used by the lease;
(b) contain such other conditions as may be considered necessary and as may
be prescribed by Government from time to time; and
(c) contain a clause empowering the authority sanctioning the lease t abrogate
the lease and enter upon and resume possession in the event of the property
being used for any other purpose without the consent of such authority;
(iv) the lease agreement shall be executed in such form as may be prescribed
by the Government.
(v) the Executive Officer may summarily remove from the property any lessee
who has contravened any provisions of the lease agreement;
(vi) the Executive Officer shall allot buildings owned or hired by a Board
for use as a residence of a Cantonment servant on such terms and conditions
as may be prescribed in this behalf by general or special orders of the Government;
and
(vii) residential accommodation specially built or procured for the residence
of the Executive Officer or a Cantonment servant shall not ordinarily be allowed
to be occupied by others.
10. Power to transfer immovable property to the Central Government.---Notwithstanding anything contained in these rules, the Board may, at the instance of the Government, transfer to the Government any immovable property which vests in and belongs to it under section 108 of the Act on payment of such compensation and on such conditions as may be agreed upon in each case:
Provided that no trusts or public rights subject to which any property, endowment and funds may be held by the Board, shall be affected by such transfer.
11. Powers to acquire and transfer movable property.-Subject to the provisions of section 109 of the Act, the Board may acquire any movable property that may be required for the purposes of the Act, and may dispose of by sale or otherwise any movable property belonging to it in accordance with the principle laid down in Pakistan Cantonment Account Code, 1955:
Provided that the Executive Officer may dispose of by sale or otherwise any such property, not exceeding two hundred rupees in value and provided further that the Cantonment Board may delegate its functions to the Executive Officer either generally for any class of cases or specifically in any particular cases.
12. Saving of provisions of Local Authorities Loans Act, 1914.- Nothing in these rules shall affect the provisions of the Local Authorities Loans Act, 1914 (IX of 1.914),. under which except as provided thereby and by the rules made thereunder, no Board may for any purpose borrow money upon, or otherwise charge its property or fund.
13. Transfer of immovable property belonging to the Provincial Government and Local Bodies to the Board.---When any land or other immovable property, which vests in the Provincial Government or belongs to a Local Body under the administrative control of the Government, is required by the Board for a purpose connected with the administration of the Cantonment, the shall apply to Central Government for procuring the said land or property.
The expenses and other charges incurred in connection with the procurement * of such land or property shall be payable by the Executive Officer under the orders of the Board out of the Cantonment Fund
Nothing in this rule shall debar the Board from purchasing land or property from a local authority by agreement.
14 Suits ---All suits in respect of Cantonment property
and fund and covered by the provisions of the aforesaid rules, shall be instituted,
represented, defended, withdrawn or compromised by the Board or any 'other
person so authorised by the Board in this behalf
The Executive Officer shall report particulars of all suits for information
to the Board and the Director, Military Lands and Cantonments.
15. Interpretation.---The power to interpret these
rules vests with the Government whose decisions shall be final.