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THE WEST PAKISTAN BORDER AREA
REGULATION, 1959 Page 1 of 6
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1THE WEST PAKISTAN BORDER AREA
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REGULATION, 1959
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(MARTIAL LAW ADMINISTRATOR ZONE ‘B’
REGULATION NO. 9 OF 1959)
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1. (a) This Regulation may be called the
West Pakistan Border Area
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Regulation, 1959.
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(b) It shall come into
force with immediate effect.
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2. The provisions of this
Regulation, or any order made or direction issued
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there-under, shall have effect notwithstanding anything to the
contrary in any other law, or
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in any order or decree of court or other authority, or in any
rule of custom or usage or in
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any contract, instrument, deed or other document.
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3. In this Regulation,
unless there is anything repugnant in the subject or
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context:-
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(a) “Border Area” means any area in 2[the Province of the
Punjab] along the
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Indo-Pakistan border which falls within five miles form such
border 3[as
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further amplified in sub-paragraph II (2) of paragraph 55-A of
the West
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Pakistan Rehabilitation Settlement Scheme;]
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4[(aa) “Board of Revenue” means the Board of Revenue established
under the
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Board of Revenue Act, 1957 (XI of 1957);]
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(b) 5[“Border Scheme” means the scheme as was referred to in
paragraph 55-A
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of West Pakistan Rehabilitation Settlement Scheme framed under
the
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Pakistan Rehabilitation Act, 1956 (XLII of 1956);]
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(c) “committee” means a committee constituted under paragraph 4;
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(d) 6[“Evacuee property” means the property which was defined as
evacuee
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property in the Pakistan Rehabilitation Act, 1956 (XLII of
1956)];
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7[(dd) “State land” means the State land placed at the disposal
of the Committee
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by the Board of Revenue;]
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(e) 8[“West Pakistan Rehabilitation Settlement Scheme” means the
scheme as
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was prepared by the Rehabilitation Commissioner, West Pakistan
under
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section 6 of the Pakistan Rehabilitation Act, 1956 (XLII of
1956)]
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4. (a) The Provincial
Government, shall, for the purposes of this
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Regulation, constitute a committee or such number of committees
as it considers necessary
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for the border area.
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(b) A committee
constituted under sub-paragraph (1) shall consist of two
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members, one 9[to be appointed by the Board of Revenue and the
other a representative of
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the Pakistan Army to be nominated by the General Headquarters.]
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10[(c) The Member of the
Committee from the Pakistan Army shall be incharge of
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the office of the Committee.
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(d) Any one of the
members of the Committee present at the Headquarters may
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dispose of any routine matter relating to the functions of the
Committee other than the
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allotment or cancellation of land and hearing of cases.]
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5. (a) If a committee,
after such enquiry as it thinks fit and after giving the
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person affected an opportunity of being heard, is of the opinion
that any person residing,
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carrying on business or other occupation, or having property, in
a border area, is or has
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been engaged in smuggling or in any other activity prejudicial
to the economy or security
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of Pakistan, it may, with the previous approval in writing of
the Deputy Commissioner of
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the district concerned, declare, by order in writing, such
person to be an undesirable person
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and direct him to submit, within such time as may be specified
in the order, a statement
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giving full particulars of all immovable property within a border
area of which he is the
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owner, or has, in any other capacity, possession or control.
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(b) If a person in
respect of whom an order under sub-paragraph (a) has been
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made has no immovable property within a border area, he shall,
within seven days of the
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THE WEST PAKISTAN BORDER AREA REGULATION, 1959 Page 2 of 6
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receipt of the order, remove himself and shall not enter into,
or stay in, any border area
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without the permission in writing of the Deputy Commissioner of
the district concerned.
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6. 11[(a) A Committee may, by order in writing,
direct an undesirable person
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to surrender to the Deputy Commissioner of the District or an
officer authorized by the
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Committee, within such time as may be specified in the order,
all immovable property
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within a border area of which he is the owner, or has, in any
other capacity, the possession
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or control thereof:
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Provided that no such
order shall be made in respect of any owner or
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occupancy tenant of agricultural land, or any allotment of such
land under the West
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Pakistan Rehabilitation Settlement Scheme, other than the Border
Scheme, unless
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such compensation as is provided in sub-paragraph (b) of
paragraph 8 has been
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offered.]
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(b) An undesirable person
in respect of whom an order has been made under
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sub-paragraph (a) shall, within thirty days after the expiry of
the period specified in the
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order, remove himself from the border area in which he is found
and shall not thereafter
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stay in or enter into, any border area without the permission in
writhing of the Deputy
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Commissioner of the district concerned.
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7. If any property
required to be surrendered under paragraph 6 is not
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surrendered within the period specified in the direction issued
thereunder, the Deputy
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Commissioner or 12[any officer authorized by him, or the
committee] or any officer
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authorized by it, may take possession of the property by
evicting any person in possession
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thereof with such force as may be necessary for the
purpose.
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8. (a) For the properties surrendered in pursuance
of an order under
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paragraph 6, the Provincial Government shall pay such
compensation as the committee
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may, subject to sub-paragraphs (b) and (c) and taking into
consideration the value of the
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buildings, houses, improvements of land, standing crops and
other factors, determine.
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(b) In respect of agricultural land, every
owner and every occupancy tenant and
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every allottee under the West Pakistan Rehabilitation Settlement
Scheme other than the
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Border Scheme, shall be provided with such land in any area
outside a border area the
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aggregate productive capacity of which is not, 13[as determined
by the Deputy
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Commissioner of the district] less than the aggregate productive
capacity of the lands
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surrendered.
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14[(c) Any person
aggrieved by the decision of the committee regarding
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compensation may appeal, within thirty days of the date on which
the decision of the
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committee is communicated to him, to the Divisional Commissioner
concerned and the
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decision of the divisional Commissioner shall be final.]
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15[9. A Committee may
scrutinize any case of unauthorized occupation of any
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State land or immovable evacuee property in any border area, and
after giving an
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opportunity of being heard to the person likely to be affected,
direct the person in
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unauthorized occupation of such property to surrender such
property to the Deputy
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Commissioner within whose jurisdiction such property is situated
failing which the Deputy
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Commissioner or the Committee may take possession of the
property by evicting the
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person in possession there from with such force as may be
necessary for the purpose.]
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16[10. (a) The Committee may scrutinize allotment of
any state land or
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immovable evacuee property within border area and may, on being
satisfied that any
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allotment was made to a person not eligible for allotment,
cancel such allotment and direct
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the allottee to surrender forthwith the property to the Deputy
Commissioner within whose
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jurisdiction the property is situated, failing which the Deputy
Commissioner or the
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Committee may take possession of the property by evicting any
person there from with
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such force as may be necessary for the purpose:
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Provided that no such order shall be made unless the person
likely to be
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affected thereby is given an opportunity of being heard before
the order is passed.
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(b) The decision of the
Committee under sub-paragraph (a) shall be final.]
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11. No compensation shall
be payable in respect of any property which is
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surrendered in pursuance of paragraph 9 or paragraph 10, or is
taken possession of under
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paragraph 7, paragraph 9 or paragraph 10.
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THE WEST PAKISTAN BORDER AREA REGULATION, 1959 Page 3 of 6
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12. All properties
surrendered or taken possession of under this Regulation
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shall vest in the Provincial Government free from all
encumbrances, 17[except the evacuee
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property and its sale proceeds, if any which will from part of
the Compensation Pool
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constituted under section 5 of the Displaced Persons ( Land
Settlement) Act, 1958.]
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13. 18[(a) The property surrendered or taken
possession of in pursuance of this
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Regulation shall be allotted by the Committee in such manner and
on such terms and
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conditions as are prescribed in the Schedules annexed to this
Regulation.]
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(b) When any allotment
has been made under sub-paragraph (a), the Committee
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may take such steps as may be necessary to put the allottee in
physical possession of the
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property.
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14. (a) For the purposes of holding any enquiry or
scrutinizing any
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allotment, a committee shall have the same powers as a civil
court trying a suit under the
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Code of Civil Procedure, 1908 (Act V of 1908), in respect of
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(i) summoning and enforcing the attendance of any person and
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examining him on oath or affirmation;
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(ii) compelling the discovery and production of any document ;
and
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(iii) requisitioning any public record from any office.
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(b) No legal practitioner
shall appear on behalf of any person in any
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proceedings before the committee.
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15. (a) No provision of this Regulation, or order
made or direction issued
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thereunder, shall be called in question in any court, including
the High Court and the
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Supreme Court, or before any authority, except as provided in
this Regulation, and no such
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court or authority shall have jurisdiction in respect of any
matter arising out of the
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operation of this Regulation.
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(b) No such court or authority shall be
competent to grant any injunction or
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other order in relation to any proceeding before a committee or
before any officer
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exercising any power or discharging any function under this
Regulation or under any order
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made or direction issued thereunder.
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16. No suit or other
legal proceeding shall lie against Government or against
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any person in respect of anything which is in good faith done or
intended to be done under
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this Regulation.
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17. Whoever fails to
submit any statement required under this Regulation or
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submits a statement which he knows to be false or contravenes
any provision of this
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Regulation or any order made or direction issued thereunder
shall be punished.
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Maximum punishment seven
years rigorous imprisonment.
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19[18. Other conditions
for allotment, etc. are given in Schedules I to III of this
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Regulation.]
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20[18. Notwithstanding
any judgment, decree or order of any court an order passed
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at any time before the commencement of this Ordinance, by the
committee or any of its
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members, in exercise of the authority conferred on the committee
or its members by the
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Regulation, shall not be invalid merely because of any defect in
the constitution of the
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committee or the incompetence of the person making the order or
the repeal of evacuee
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laws by the Evacuee Property and Displaced Persons Law (Repeal)
Act, 1975 (XIV of
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1975), provided any such order was passed with the approval of
the General Headquarters
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and all such orders shall be deemed to have been validly passed
and shall have, and shall
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be deemed always to have had, effect accordingly.]
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SCHEDULE I TO ZONE ‘B’ MARTIAL LAW REGULATION NO 9.
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The following categories
of persons will be eligible for allotment of land for the
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purpose of Regulation 9:-
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(1) Claimants who had registered in or got
their claim forms transferred to any
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particular estate in the border belt before the 24th December
1952.
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THE WEST PAKISTAN BORDER AREA REGULATION, 1959 Page 4 of 6
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(2) Pre-Independence tenants of evacuee land
who hold temporary allotment
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under a valid permit issued by a proper Rehabilitation Authority
who cultivate land
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themselves and reside in the village.
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(3) Refugees whose unit
of allotment is less than 12 1/2 acres and who have
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already been allotted land under the border scheme may continue
to hold such allotments
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provided they fulfil all other conditions applicable under the
border scheme.
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(4) Service and
ex-Servicemen recommended by General Headquarters,
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21[Naval Headquarters and Air Headquarters.]
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(5) Service and
ex-Servicemen already resettled under the scheme subject to the
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scrutiny of their bona fides.
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22[(6) Commissioned officers of the Armed Forces
approved and recommended
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by General Headquarters, Naval Headquarters and Air Headquarters
for providing
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leadership.]
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(7) Jammu and Kashmir civilian refugees be
considered for allotment of land in
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the border areas of the District Sialkot only on the scale
prescribed in sub-clause (3) of
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Schedule II.
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(8) Jammu and Kashmir refugees (already settled
under the Border Scheme)
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subject to scrutiny of their bona fides.
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SCHEDULE II TO ZONE ‘B’ MARTIAL LAW REGULATION NO 9.
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The unit of allotment
under the scheme will be as follows:-
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(1) All persons allotted land prior to the
publication of these Regulations, under
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the Border Scheme, and found eligible on scrutiny will be
allotted land on the old scale and
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conditions i.e. 12/1/2 acres irrigated or 18 acres non irrigated
land.
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(2) The new cases will be
allotted land on the revised increased scale as
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follows:-
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(a) Servicemen and ex-Servicemen upto 25 acres of land.
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23[COMMISSIONED OFFICERS OF THE ARMED FORCES]
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24[Fifty acres of land to an officer]
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(3) Pre-Independence tenants of evacuee land
and Jammu and Kashmir
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refugees in the Border belt if found eligible will be allotted
land on the scale as indicated in
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(1) above.
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SCHEDULE III TO ZONE ‘B’ MARTIAL LAW REGULATION NO. 9
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Conditions of Allotment of Land/Property under the Border Scheme
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1. Allottees must be able-bodied and between the age of 18 to 55
years.
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2. An allottee must reside in the estate in which he holds
allotment except that-
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(a) where the allottee is a serving officer, his personal
residence in the
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estate may be dispensed with, during the period of his service
under
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Government provided at least one of his able bodied relatives or
an
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ex-service man of the prescribed age resides therein.
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(b) where the allottee is a service man other than an officer
his personal
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residence in the estate will be dispensed with if an able bodied
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representative of the prescribed age resides therein.
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3. Allottee or his
representative must cultivate the land himself.
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4. (a) Allottee or his representative will readily
response to the call from
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appropriate Army or civil authorities in case of an emergency.
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(b) In the case of an alarm raised in the
locality indicated a raid or similar
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incident the allottee or his representative shall be bound to
render immediate help for the
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protection of the life and security of the persons affected.
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5. The allottee or his
representative shall not communicate with Non-Pakistani
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Nationals on any matter that may be prejudicial to the interests
of Pakistan or objectionable
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on any other ground.
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THE WEST PAKISTAN BORDER AREA REGULATION, 1959 Page 5 of 6
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6. The allottee shall not
cross the border without proper authority form the
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District Magistrate.
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7. The allottee shall not
allow the land allotted to him to remain uncultivated
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for more than two successive harvests.
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8. If the allottee fails
to acquire a house in the village abadi, he should build
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one within a year of the allotment of plot of land for the
purpose.
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9. The allotment will be
subject to payment of such price, terms and
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conditions as may be determined by the Central Government in
this respect.
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25[10. The allotment
shall be liable to be cancelled for breach of any of the
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conditions mentioned in this Schedule provided the allottee is
given an opportunity of
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being heard before the allotment is cancelled.]
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26[11. The allotment
shall be liable to be cancelled if the land is transferred by the
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allottee to any person without the permission of the General
Headquarters.]
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____________________
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1 This Regulation was promulgated by Martial Law Administrator
Zone B on 17th March 1959; published in
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the Gazette of West Pakistan (Extraordinary) dated 20th March
1959; saved and given permanent effect by
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Article 225 of the Constitution of the Islamic Republic of
Pakistan (1962).
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2 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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3 Added by MLR No. 9-G 1962.
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4 Added by the West Pakistan Border Area Regulation, 1959 (Punjab
Amendment) Ordinance 1981 (III of
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1981).
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5 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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6 Substituted ibid.
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7 Added by the West Pakistan Border Area Regulation, 1959 (Punjab
Amendment) Ordinance 1981 (III of
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1981).
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8 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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9 Substituted ibid.
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10 Added by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III of
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1981).
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11 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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12 Substituted ibid.
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13 Substituted ibid.
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14 Substituted ibid.
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15 Substituted ibid.
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16 (i) Substituted by the
West Pakistan Border Area Regulation, 1959 (Punjab Amendment)
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Ordinance 1981 (III of 1981).
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(ii) MLR No.9-C of 1960 provided as under:-
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The following categories
of persons will be considered eligible for allotment of evacuee
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property in the 5 miles Indo-Pak Border Belt of Bahawalnagar
district, for the purpose of
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Regulation No. 9, Zone ‘B’:-
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(a) Claimants who had either registered in or got their claims
transferred to any particular
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estate lying in the border belt before 17th March 1959, provided
they are temporary
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allottees of the landed property actually held by them, in that
particular estate before this
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date, provided further that the limit of allotment to such
claimants shall not exceed their
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temporary allotments.
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(b) Claimant service/ex-servicemen who had either registered or
transferred their claims to
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the border belt and were in actual possession of land allotted
to them against their claims
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before 17th March 1959, subject to the scrutiny of their bona
fides.
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(c) Service/ex-servicemen recommended by GHQ for settlement in
the border belt under this
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Regulation.
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THE WEST PAKISTAN BORDER AREA REGULATION, 1959 Page 6 of 6
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(d) Officers recommended by GHQ for providing leadership service
and ex-servicemen
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settled in the border belt under this Regulation and by the
civil rehabilitation authorities
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before 17th March 1959.
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The scale of allotment for service and ex-servicemen will be the
same as prescribed for
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other parts of the Indo-Pak Border covered by the Regulation.
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This order will be deemed to have come into force, with effect
from 17th March 1959, the
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date on which Martial Law Administrator, Zone ‘B’, Regulation
No. 9, was promulgated.
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(iii) By MLR No. 9-E of 1961 sub-paragraph (b) was substituted
by the following and existing
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sub-paragraph (b) was converted into sub-paragraph (c).
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“10. (b) Notwithstanding
anything contained in this Regulation, the areas which may be
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included within border belt as a result of the Indo-Pakistan Agreement
regarding the border disputes shall be
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governed by this Regulation with the exception that the
allotments of land already made at the time of issue
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of this amendment against verified claims submitted after 24th
December 1952 will not be disturbed. The
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allotments already made under the Border Scheme or this
Regulation in the areas which may be excluded
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from the border belt as a result of Indo-Pakistan Agreement
regarding border disputes shall continue to be
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governed by the provisions of this Regulation.”
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17 Added by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III of
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1981).
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18 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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19 Added by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III of
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1981).
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20 Added ibid.
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21 Added by MLR No.9-F of 1962.
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22 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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23 Substituted ibid.
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24 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981). Original wording as amended by MLR No. 9-A of 1959,
read as under:-
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“50 acres of land to an Officer(one Officer in each Patwar
circle or more subject to availability of
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land)”.
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25 Substituted by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III
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of 1981).
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26 Added by the West Pakistan Border Area Regulation, 1959
(Punjab Amendment) Ordinance 1981 (III of
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1981).
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