Central Government Lands and Buildings (Recovery of Possession) Ordinance 1965

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CENTRAL GOVERNMENT LANDS AND BUILDINGS (RECOVERY OF POSSESSION) ORDINANCE, 1965

ORDINANCE LIV OF 1965

An Ordinance to provide for the speedy recovery of possession of Central Government lands and buildings.

[Gazette of Pakistan, Extraordinary, 10th December 1965]

No. F. 24 (1)/65-Pub.-The following Ordinance made by the President on the 7th December 1965, is hereby published for general information:-

Whereas it is expedient to provide for the speedy recovery of possession of Central Government lands and buildings from outgoing lessees and licensees and unauthorized occupants, and for matters ancillary thereto;

And'whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

1. Short title, extent and commencement.-(1) This Ordinance may be called the Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965. .

(2) It extends to the whole of Pakistan.

(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, the Central Government, and includes the land appurtenant thereto;

(b) "land" means land which vests in, or is in the possession or under the management and control of, the Central Government, and is used or held for purposes other than agriculture;

(c) "lease" and "lessee" have the same meaning 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;

(d) "licence" and "licensee" have the same meaning 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;

(e) "unauthorized occupant" means a person who is in occupation of any land or building without the express permission or authority of the Central 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 outgoing lessees on 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 any land or building of which the Central 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 thec 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 thA Central Government 'into possession of the same, any officer authorized by the Central 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 dependants may rietain 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 Central Government into possession of such building, or part, failing which any .officer authorized by the Central Government in this behalf. may .enter anti 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 unauthorized occupants.-(I) If the Central Government is satisfied after making such enquiry as it thinks fit that a person is an unauthorized 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 under subsection (1), any officer authorized in this behalf by the Central 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 authorized by the Central Government in this behalf may use orcause to be used such force as may be necessary.

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 the Central Government by the lessee or licensee or the unauthorized occupant, as the case may be.

(2) If the cost is not paid on demand, the Central 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 subsection (2) are not sufficient to cover the cost, the balanec 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 unauthorized occupant.

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 undersection 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 revepue.

9. Power to delegate.-The Central Government may, by notification in the official Gazette, direct that any power exercisable by it under this Ordinance may be exercised also by any officer subordinate to it.

10. Jurisdiction of Civil Court barred.-No Civil Court shall pass an order in any suit or proceeding granting a temporary or interim injunction restraining the Central Government or any officer authorized by it from taking possession of any land or building under this Ordinance.

11. Indemnity.-(1) No suit or legal proceeding shall lie against the Central 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 authorized to take action under this Ordinance requires police assistance in the exercise of his powers thereunder he may .send requisition to the officer in charge 'of a police station who shall on such requistion render the assistance required.

13. Power to make rules.-The Central Government may make rules for carrying out the purposes of this Ordinance.

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