Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Punjab Timber Market (Lahore) Ordinance, 1963 023 of 1963 [06 June 1963] CONTENTS 1. Short Title And Commencement 2. Definitions 3. Acquisition Of Land For Timber Market 4. Establishment Of Timber Market 5. Direction By Commissioner 6. Prohibition To Carry On Business 7. Penalty 8. Exemption 8A. Indemnity 9. Validation SCHEDULE 1 :- SCHEDULE I Punjab Timber Market (Lahore) Ordinance, 1963 023 of 1963 [06 June 1963] An Ordinance to provide for the establishment of a timber market in the revenue estates of Jia Musa and Chak Jia Musa and to validate actions taken under the Martial Law Order No. 111 issued by the Martial Law Administrator, Zone 'B', and the West Pakistan Ordinance No. XXI of 1962 WHEREAS the Martial Law Order No. 111 was issued by the Martial Law Administrator, Zone 'B', on the 8th February, 1962, and on its repeal by President's Order No. 29 of 1962, it was continued by the Governor of West Pakistan by promulgating the West Pakistan Martial Law Order (Continuance in Force) Ordinance, 1962 (XXI of 1962); AND WHEREAS the validity of the said Martial Law Order and the said West Pakistan Ordinance and the actions taken thereunder has been questioned and the Supreme Court of Pakistan has held the said Martial Law Order and the said West Pakistan Ordinance to be invalid; AND WHEREAS it is expedient to provide for the establishment of a timber market in the revenue estates of Jia Musa and Chak Jia Musa and to validate the action taken in pursuance of the said Martial Law Order No. 111 and the said West Pakistan Ordinance No. XXI of 1962; 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 legislation necessary; 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 Ordinance:- 1. Short Title And Commencement :- (1) This Ordinance may be called the [3][Punjab] Timber Market (Lahore) Ordinance, 1963. (2) It shall come into force at once, and shall be deemed to have taken effect on and from the 8th February, 1962. 2. Definitions :- In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:- (a) "Government" means the Government of West Pakistan; ( b ) "land" means the land described in the Schedule to this Ordinance, required for the establishment of the timber market; (c) "Martial Law Order No. 111" means the Martial Law Order No. 111 issued by the Martial Law Administrator, Zone B, on the 8th February, 1962 [4][;] [5][(d) "timber" includes bamboos; (e) "to allot", in all its grammatical variations, includes to allot by drawing lots, or by auction or by exchange of allotted sites, and re- allot shall be construed accordingly. 3. Acquisition Of Land For Timber Market :- Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (I of 1894), the Town Improvement Act, 1922 (IV of 1922), as amended by the Punjab Town Improvement (West Pakistan Amendment) Ordinance 1962 (XVIII of 1962), the Municipal Administration Ordinance, 1960 (X of 1960) or any other law for the time being in force, or in any decree, judgment or order of any Court or Authority- (a) Government shall forthwith take possession of the land, summarily ejecting, if necessary, any person in occupation of any part thereof; (b) the compensation for the land and crops, if any, standing thereon, shall be assessed by the Collector, Lahore, under the Land Acquisition Act, 1894, as modified by section 69 of the Town Improvement Act, 1922, and the assessment, subject to confirmation by Commissioner, Lahore, shall be final; (c) the compensation awarded shall be paid by the Lahore Improvement Trust; (d) Government shall transfer the said land to the Lahore Improvement Trust subject to the provisions of section 41 of the Land Acquisition Act, 1894, so far as applicable, as if the Lahore Improvement Trust were a company, and shall put the Lahore Improvement Trust in possession thereof, and thereupon the said land shall be deemed to have been duly acquired by the Lahore Improvement Trust free from all encumbrances. 4. Establishment Of Timber Market :- (1) The Lahore Improvement Trust, shall forthwith layout the timber market on the land, frame rules, and do all things necessary for the establishment of the timber market on the land. (2) [6][The Lahore Improvement Trust, its Chairman, or any other officer authorised by the Trust in that behalf shall have the power to]- (a) allot sites to timber merchants; (b) determine the price of the site allotted to each timber merchant, the terms and conditions of payment thereof, and the method of recovery in case of default; and (c) require the allottee to erect on the allotted site such structure and within such period as the Chairman may determine. [7][(3) Subject to the approval of Government, the Lahore Improvement Trust shall have power, at any stage, to modify, alter, amend or change the purpose or use for which any site has been earmarked in the original layout and to earmark it for any other purpose or use connected with the establishment of the timber market. 5. Direction By Commissioner :- Any person who has been allotted a site in the timber market shall, when so required by the Commissioner, Lahore, occupy the said site and carry on the business of timber merchant there. 6. Prohibition To Carry On Business :- No person shall carry on the business of timber merchant within the municipal limit of the Lahore Corporation, except at the timber market established under this Ordinance. 7. Penalty :- Any person who contravenes or attempts to contravene or abets the contravention of the provisions of sections 5 and 6 or any direction issued by the Commissioner, Lahore, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. 8. Exemption :- The Commissioner may, for such period and subject to such conditions as he may determine, exempt any person from the operation of all or any of the provisions of this Ordinance. 8A. Indemnity :- No suit, prosecution or other legal proceeding shall lie against Government, the Commissioner, Lahore Division, the Lahore Improvement Trust or its Chairman or other officer, or any other person to whom a site has been allotted, in the timber market under section 4, in respect of anything in good faith done or purporting to have been done in pursuance of the said Ordinance. 9. Validation :- Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (I of 1894), the Town Improvement Act, 1922 (IV of 1922), as amended by the Punjab Town Improvement (West Pakistan Amendment) Ordinance 1962 (XVIII of 1962), the Municipal Administration Ordinance, 1960 (X of 1960) or any other law for the time being in force, or in any decree, judgment or order of any Court or Authority, anything done, possession taken or delivered, ejectment made, compensation assessed or paid, allotment made, terms and conditions settled, direction given, or order issued, by Government, the Commissioner, Lahore, the Collector, Lahore, the Chairman, Improvement Trust, Lahore, or any other authority in pursuance of the said Martial Law Order No. 111 or the said West Pakistan Ordinance XXI of 1962, shall be deemed to have been validly done, taken or delivered, made, assessed or paid, made, settled, given or issued respectively under this Ordinance, and shall be continued. SCHEDULE 1 SCHEDULE I LIST OF KHASRA NOS. OF MAUZA CHAK JIA MUSA, TEHSIL AND DISTRICT LAHORE Khasra No Area K. M. Ft. 1464/947 1 2 172 1466/947 1 0 111 1467/947 1 0 111 1468/947 1 0 111 1469/947 1 1 17 1471/947 0 15 27 1472/947 0 15 27 1474/947 0 15 27 1475/947 0 15 27 1476/947 0 15 27 1477/947 0 15 0 1488/947 0 10 176 1489/947 0 10 182 1490/947 0 10 176 1491/947 0 10 215 1492/947 0 10 12 1493/947 0 10 59 1494/947 0 10 158 1495/947 0 10 18 1496/947 0 10 124 1497/947 0 10 44 1498/947 0 10 44 1499/947 0 10 44 1500/947 0 10 44 1501/947 0 10 44 1502/947 0 10 44 1503/947 0 10 44 Khasra No Area K. M. Ft. 1505/947 0 10 44 1506/947 0 10 150 1507/947 0 10 70 1508/947 0 10 70 1509/947 0 10 70 1511/947 0 10 30 1511/947 0 10 30 1513/947 0 10 30 1514/947 0 10 30 1515/947 0 10 30 1516/947 0 10 30 1518/947 0 10 30 1519/947 0 10 90 1520/947 0 10 98 1522/947 0 10 30 1523/947 0 9 131 938/1 0 0 28 939/1 0 0 140 940/1 4 2 39 941/1 4 2 24 942/1 4 2 65 943/1 0 1 20 944/1 0 18 13 945/1 0 17 33 948 0 11 195 942/1 0 3 123 922/1 3 2 96 923/1 0 10 150 Khasra No Area K. M. Ft. 925/1 1 2 114 926 6 18 64 927 7 12 117 928 8 3 131 929 0 17 195 930 0 2 150 931 0 1 117 932 0 5 9 933 2 3 29 934 0 1 105 935 2 6 166 936 0 7 210 937 2 12 46 938 4 0 43 939 3 3 127 940 0 6 3 941 0 1 34 942 1 8 20 942 1 8 20 943 0 9 47 944 0 13 4 945 0 15 6 946 0 0 46 947 2 14 22 948 0 2 215 949 0 4 119 950 0 0 122 951 6 10 193 1074/1 0 11 23 1075 0 6 100 1076 0 15 106 Khasra No Area K. M. Ft. 1077 0 5 180 1079 1 3 164 1080 1 12 119 1081 0 7 126 1082 0 9 77 1083 2 8 158 1084 1 6 182 1085 0 7 189 951 0 2 132 952 0 2 116 953 0 1 52 954 0 9 11 955 0 0 102 956 0 1 212 957 0 1 97 958 0 8 180 959/1 0 11 79 960 0 13 191 961/1 5 5 87 962/1 0 5 55 963/1 0 1 189 966/1 0 5 94 967/1 2 7 172 968/1 0 2 16 969/1 0 12 22 1061/1 0 17 205 1062/1 2 15 151 1062/1 2 15 151 1064/1 0 0 114 1065 0 0 179 1066 0 16 34 Khasra No Area K. M. Ft. 1067 0 1 177 1068 2 10 171 1069 4 15 85 1070 0 10 198 1071 0 4 108 1072 0 7 215 1073 4 18 223 1101 8 0 108 1103 0 2 36 1105 2 6 112 1106 0 2 190 1107 0 3 68 1108 0 0 160 1109 0 1 28 1110 0 0 96 1111 0 7 81 1112 0 2 112 1086 3 12 209 1087 0 1 188 1088 2 10 216 1089 3 12 120 1090 4 9 129 1091 0 3 137 1092 6 18 0 1093 0 3 181 1094 0 11 99 1095 1 13 7 1096 1 7 163 1097 0 0 98 1098 0 4 140 Khasra No Area K. M. Ft. 1099 0 14 22 1100 0 2 15 1101 1 9 139 1101 1 9 139 1102 0 3 9 1113 0 2 110 1114 0 16 155 1115 0 13 39 1116 0 16 174 1117 0 2 215 1118 0 19 87 1120 1 2 94 1121 0 4 25 1122 0 2 24 1123 1 6 220 1124 1 1 175 1133 0 5 32 1134 1 1 31 1135 2 19 13 1136 2 10 200 1138 0 1 98 1139 0 2 17 WAQF PROPERTY LIST OF KHASRA NOS. OF MAUZA CHAK JIA MUSA, TEHSIL AND DISTRICT LAHORE Khasra No Area K. M. Ft. 1462/946 0 1 95 1463/946 0 2 86 1465/947 1 0 111 1470/946 0 14 76 1473/947 0 15 27 1496/947 0 11 165 1504/947 0 10 44 1510/947 0 11 99 1512/947 0 10 30 1517/947 0 10 30 1521/947 0 10 30 1524/947 0 3 123 1525/947 0 1 165 1526/947 0 8 26 1527/947 0 8 120 1528/947 0 4 5 1529/947 1 17 165 1530/947 2 18 107 1531/947 0 3 4 1531/947 0 3 4 1532/947 2 10 186 1533/947 4 7 147 1534/947 2 19 93 1535/947 2 2 83 1538/947 2 1 963