STAN XTRA MINISTRY OF LAW AND PARLTAMENT, (Law Division) Islamabad, the 18th January, 1972 No. F, 24(1)/72-Pub.—The following Ordinance made by the President on the 9th January, 1972, is hereby published for general information :— , ‘ ORDINANCE No. I or 1972 AN’ ' ORDINANCE further to amend certain laws relating to evacuee property and the rehabilitation of displaced persons Wiereas it is expedient further to amend certain laws relating to evacuee property and the rehabilitation of displaced persons for the Purposes hereinafter appearing ; Now, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Proclamation of the 20th day of December, 1971, and the Pro- visional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :— |. Short title and commencement.—(1) This Ordinance may be called the Evacuee Property and Displaced Persons Laws, (Amendment) Ordinance, 1972, (2) It shall come into force at once and shall be deemed to have taken effect on the first day of January, 1972. 2. Amendment of certain enactments.—The acts specified in eo shall be amended in the manner specified in the fourth column thereor THE SCHEDULE (See s2ction 2) S. -iNo. and No. year Short title Amendments of Act 1 2 3 4 — = 1. Tlof The Registration of In section 17, after sub-section (1), the 1956. Claims (Displaced following new sub-section shall be Persons) Act, 1956. inserted, namely :— “(IA) A Provincial Government may by order direct that any power which has been dit under sub-section (1) to exercised by the Provincial108 THE GAZETTE OF PAKISTAN, EXTRA., JANUARY 19, 1972 a a a =e ae Government shall, in such circumstances and under such | conditions, if any,as may be specified in the direction, be exercised by any officer or authority subordinate to it”. XLII of The Pakistan Rehabili- 1. In section 17, after the words and ¢ 1956. tation Act, 1956. comma “ Central Government,” the words and comma “ a Provin- cial Government,” shall be inserted. For section 19 the following shall be substituted, namely : “19. Delegation of powers.—(1) The Central Government may, from time to time, subject to such conditions as it thinks fit, by an order published in the official Gazette, delegate any of its powers under this Act, in- cluding the powers of revision under section 12, to any Pro- vincial Government or other 5 authority A Provincial Government may by order direct that any power delegated to the Provincial Government under sub-section (1) shall, in such circumstances and under such conditions, if any, as may be specified in the XV direction, be exercised by an officer or authority subordin to it.” 3. XIlof The Pakistan(Adminis- 1. In section 16, in sub-section (3) 1957. pation ‘of Evacuee for clause (b) the following shall be Property) Act, 1957 substituted, namely ““(b) affect any power conferred on the Central Government or a Provincial Government by or under any law for the time be- ing in force to requisition or acquire property.” 2. In section 43-A, in sub-section (1) ‘ tor the words “ Government of West Pakistan’? the words “ Pro- 2 vincial Government” shall be substituted.STAN, EXTRA., JANUARY ——— 7 Government shall, circumstances and: conditions, if any, specified in ‘i section (1) i 4. In section 58, for sub- exercised by “any the following shall be substituted, authority subordin namely : — In section 17, after the: comma “ Central the words and con cial Government,” shall bili- 1. 2. For section 19 the fol be substituted, namely :- “19. Delegation of poy The Central Gover from time to time, Such conditions as it by an order pub official Gazette, del (1A) Se ee tata ale by order direct that any bite its powers under this which ea ee ae cluding the Powers ‘sub-sect | under testa 12, to by the Provincial Government vincial Govern authority. (2) A Provincial Govern by order direct that delegated to the Government under () shall, in such circ and under such con any, as may be specif direction, bé exerci officer or authority su to it”, ordinate to it.” ee A Persons 1. Insection 3 FOC TL ot Theis Ch inset (forte : Rehabilitation) Act, gj KareeniD Mn words a shall be substituted ; ib-section (2) the following ® shall be substituted, namely :— “ Provincial Govern- : oS tay, for any of the 1. In section 16, in sul for clause (b) the follo substituted, namely :— “(b) affect any power co of this Act, by notification in the ony the Central Governm Gazette, acquire any Provincial Government under any law for thet perty within the 5 Province otber than agri- ing in force to requis cultural land.” ; acquire property.” ‘ ion (3), after the (c) in sub-section ( oF 2. ‘In section 43-4, in out words es Gove z for the words’ - the words and commas West Pakistan”? the words as the case may be, the vincial Government ? Substituted,110 THE GAZETTE OF PAKISTAN, EXTRA JANUARY 19, 1972i, EXTRA., JANUARY 19 Provincial Governm be inserted ; and 6. In section 14,— (a) after the words “ Central Go- vernment”, the words “ or a Provincial Government” shall be inserted ; and 'b) for the words “‘ the compensa- i tion pool” a ores and a C1 a figure ‘‘ any of the pools con- 2 Ace 2) stituted under Chapter III” cial Governm shall be substituted. prescribe which, the which and (d) for sub-section (Jy ing shall be *sub mely :— ® (4) In respect ot acquired undet (1) the Ceni ment, and if 7. In section 18, in sub-section (1), after the words “* Central Govern- whisaaas ment” at ae end, the ae ' commas and figure “ in case he is oa convicted before the Ist day’ of cus January, 1972, and to the Provin- a ~ Gial Government in any other ao ease” shall be added. sioner fied ; . In section 25, after the words q Con : “Central Government ”, the words ta “or the Provincial Government” vers shall be inserted. vernment & authority” pa 9, In. section 26, after the words “ Central Government”, the words. “or the Provincial Government” shall be inserted. 2. In section 5, in sub-sed “and” shall be (6) in clause (d), fo colon and word full-stop shall be st and ¢ (c) clause (e) shall be! 10, In section 31, after sub-section (1), the following new sub-section shall be inserted, namely :— (1A) A Porvincial Government may by order direct that any power delegated to the Pro- vincial Government under sub- 7 section (1) shall, in such cir- cumstances and under such conditions, if any, as may be specified in the direction, be exercised by an officer or authority subordinate to it.”. 3. Section 6 shall be om 4. In section 8, in subs after the words “ Chief Commissioner” the WO officer authorised by Government in this Be 5. XLVILof The Displaced Persons 1 In section 4,— be inserted. 1958. (Land Settlement) (a) in sub-section (1), for the i Act, 1958. words ‘Karachi Division” 5. In section 9, sub-sectiol the words * Islamabad Capital omitted, Territory ” shall besubstituted ;purposes of this Act, by notification in the () for sub-section (2) the followin shall b bstituted, namel *(2) The Provincial Gor ment may, for any of 1 Gaz acquire any [nd within the Provin (c) in sub-section (3), after the words “ Central Governmer he words and commas “or, case may be, the Provin cial Governmen shall nserted ; and (d_ insub-section (4), for the words comma, brackets and. figures The Central Govern Il prescribe extent ich, and the period wit which any charge created bj Custodian on any land ac- quired under sub. section (1) ir sub-section (2) ”” the follow. ing shall be substituted, na mely sh WwW In respect of land acquired under sub-section (1) the Central Government, and n respect of land acquired under sub-section (2) the Provincial Government shall prescribe the extent » which, and the period within which any charge ed by a Custodian on such land.” In section 8, after the words “ Cen- tal Government ”, the words “0 a Provincial Government”. shal be inserted words “ in an uction ” the S, comma and figure “in accordance with the provisions of the Displaced Persons (Com pensation and Rehabilitation) Act, | 1958" shall be substituted In section 13, for unrestricted — public words, brack In section 25, after the words ; Central Government” , the words “or a Provincial Government” shall be insertedTHE GAZETTE OF PAKISTAN, EXTRA., JANUARY 19, 1972 113 2 3 4 , 5. In section 30,— (a) after sub-section (1), the follow- ing new sub-section shall be inserted, namely :— “(1A) A Provincial Govern- ment may by order direct that any power delegated to it under sub-section (1) shall, in such circumsta- nees, and under such con- ditions, if any, as may be specified in the direction, be exercised by an officer or authority subordinate to it,” ; an (b) after sub-section (2), the follow- ing new sub-section shall be added, namely :— “(3) ae order passed by a Settlement Commissioner © — or an Additional, Deputy or Assistant Settlement Commissioner in exercise of any power delegated to him under sub-section (2) shall be and shall . be deemed always to have been, subject to the pro- visions of Chapter VI in the same manner and to the same extent as any other order passed by a Settlement Commissioner, , Additional, Deputy or — Assistant Settlement Com- missioner, as the case may be, is so subject.”. ZULFIKAR ALI BHUTTO, H. PK., x President and Chief Martial Law Administrator. MOHAMMAD GUL, S.Q.A,, 8.K.y Secretary.