N.-W.F.P. Provincial Urban Development Board (Dissolution) (Amendment) Ordinance 2003
ORDINANCE XI OF 2003
NORTH-WEST FRONTIER PROVINCE PROVINCIAL URBAN
DEVELOPMENT BOARD (DISSOLUTION)
(AMENDMENT) ORDINANCE, 2003
An Ordinance to amend the North-West Frontier Province Provincial Urban Development Board (Dissolution) Ordinance, 2002
[Gazette of N.-W.F.P., Extraordinary, 20^th^ September, 2003]
**NO.LEGIS.i(21)/74/5602, dated 20-9-2003.**The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:--
Whereas it is expedient to amend the North-West Frontier Province Provincial Urban Development Board (Dissolution) Ordinance, 2002 (N.-W.F.P. Ord. No. XVI of 2002);
And whereas the Provincial Assembly is not in session and the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
Now, therefore, in exercise of the powers conferred by Article 128 of the Constitution of Islamic Republic of Pakistan, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1. Short title and commencement:----(1) This Ordinance may be called the North-West Frontier Province Provincial Urban Development Board (Dissolution) (Amendment) Ordinance, 2003.
(2) It shall come into force at once and shall be deemed to have taken effect on the 14th May, 2002.
2. Amendment of section 3 of N.-W.F.P. Ordinance No.XVI of the 2002.--- (1) In the North-Vest Frontier Province Provincial Urban Board (Dissolution) Ordinance, 2002 (N.-W.F.P. Ord. No.XVI of 2002),---
(i) the existing section 3 shall be re-numbered as subsection (1) of that section, the full-stop appearing at the end of subsection (1), as so renumbered, shall be replaced by a colon and thereafter the following proviso shall be inserted, namely:
"Provided that where the Board had, before-the-appointed day, acquired any land but the acquisition proceedings could not be completed by the date the Board stood dissolved, Government shall be at liberty to--
(a) withdraw from the acquisition proceedings Where the possession of land has not been obtained; or
(b) restore the land to its owners where the possession of the land has been obtained, but .the land has not been utilized for the purposes for which it was acquired or where the assessment of compensation of the land is found collusive, or based on fraud or misrepresentation, and any compensation if paid in any such cases to the landowners, shall be recovered as arrears of land revenue or in such manner as it may deem proper. "; and
(ii) after subsection. (1), as so renumbered and amended, the following new subsection (2) shall be added, namely:
"(2) Government shall, by Notification in the Official Gazette, exercise powers under subsection (1) notwithstanding anything to the contrary contained in any other law for the time being in force or judgment or order of any Court. ".