{ "schema_version": "qanun-law-text/1", "id": "pk-code-4e810fc2b2748631", "title": "Pakistan Maritime Zones Act, 2023", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5plbg%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "31aed5b847664185e159999573dd173146af5934edc3e6a062359c70b48f1c23", "source_sha256": "31aed5b847664185e159999573dd173146af5934edc3e6a062359c70b48f1c23", "text_version_id": "law:pk-code-4e810fc2b2748631:sha256:31aed5b847664185e159999573dd173146af5934edc3e6a062359c70b48f1c23", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 16 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE PAKISTAN MARITIME ZONES ACT, 2023 \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\n1. Short title and commencement \r\n2. Definitions \r\n3. Territorial sea \r\n4. Internal waters \r\n5. Historic waters \r\n6. Right of innocent passage \r\n7. Contiguous zone \r\n8. Exclusive economic zone \r\n9. Continental shelf \r\n10. Safety zones \r\n11. Delimitation of maritime boundaries \r\n12. Publication of charts \r\n13. Removal of off-shore installations \r\n14. Prohibition of pollution \r\n15. Prohibition of dumping \r\n16. Jurisdiction onboard a foreign ship \r\n17. Pollution and dumping outside internal waters, contiguous zone, territorial sea or exclusive \r\neconomic zone \r\n \r\n18. Seaworthiness of ships to avoid pollution or dumping \r\n19. Hot pursuit \r\n20. Foreign warships \r\n21. Attempt and abetment \r\n22. Trial of Offences \r\n\r\n \r\n \r\n \r\nPage 2 of 16 \r\n \r\n23. Arrest without warrant \r\n24. Visit and search \r\n25. Procedure after arrest \r\n26. Disposal of perishable property \r\n27. Punishment \r\n28. Piracy \r\n29. Punishment for piracy \r\n30. Armed robbery against ships \r\n31. Offences by companies \r\n32. Power to make rules \r\n33. Delegation \r\n34. Repeal and savings. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 16 \r\n \r\nTHE PAKISTAN MARITIME ZONES ACT, 2023 \r\n \r\nACT NO. XVIII OF 2023 \r\n \r\n[26th April, 2023] \r\nAN \r\n \r\nACT \r\n \r\nto consolidate and amend the law relating to territorial sea and maritime zones of Pakistan \r\n \r\nWHEREAS it is expedient further to consolidate and amend the law relating to the territorial \r\nsea and maritime zones of Pakistan and for matters connected therewith and ancillary thereto and to \r\ngive effect to the provisions of the United Nations Convention on the Law of the Sea 1982, which \r\nPakistan has ratified on the 26th February, 1997; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\n1. Short title and commencement.—(1) This Act may be called the Pakistan Maritime Zones \r\nAct, 2023. \r\n \r\n(2) It shall come into force at once. \r\n \r\n2. Definitions.—(l) Unless the subject or context provides otherwise,— \r\n \r\n(a) “baseline” means the low water line or where applicable the system of straight \r\nlines, as notified from time to time in the official Gazette from which breadth \r\nof the territorial sea is measured; \r\n \r\n(b) “convention” means the United Nations Convention on the Law of the Sea \r\n(UNCLOS), 1982; \r\n \r\n(c) “Government” or “Federal government” means the Federal Government of the \r\nIslamic Republic of Pakistan; \r\n \r\n(d) “maritime zones” means the internal waters, territorial sea, contiguous zone, \r\nexclusive economic zone, continental shelf and high seas; \r\n \r\n(e) “nautical mile” or “NM” means a unit for measuring distance at sea, equal to \r\n1852 meters; \r\n \r\n(f) “prescribed” means prescribed by rules made under this Act. \r\n \r\n(2) The words and expressions used but not defined in these rules shall have the same meanings \r\nas assigned thereto in the convention. \r\n \r\n3. Territorial sea.—(1) The sovereignty of Pakistan extends to its territorial sea, as well as to \r\nthe air space, over its bed and subsoil. \r\n \r\n(2) The breadth of the territorial sea is twelve nautical miles measured from the baseline. \r\n \r\n \r\n \r\n \r\nPage 4 of 16 \r\n \r\n(3) The baseline from which limits of the territorial sea, contiguous zone, exclusive economic \r\nzone and continental shelf are to be measured shall be as notified by the Federal Government in the \r\nofficial Gazette. \r\n \r\n(4) Where a single island, rock or a composite group thereof constituting a part of the territory \r\nof Pakistan situated off the main coast, the baseline referred to in sub-section (3) shall be drawn along \r\nthe outer seaward limits of such island, rock or composite group. \r\n \r\n4. Internal waters.—The internal waters of Pakistan shall comprise all waters that are on the \r\nlandward side of the baseline. \r\n \r\n5. Historic waters.—(1) The Federal Government may, by notification in the official Gazette, \r\nspecify the limits of such waters adjacent to its land territory as the historic waters and bays of Pakistan. \r\n \r\n(2) The sovereignty of Pakistan extends, and has always extended, to the histori c waters of \r\nPakistan, to their seabed, subsoil and the airspace over such waters and bays. \r\n \r\n6. Right of innocent passage.—(1) Without prejudice to the provisions of any other law for \r\nthe time being in force and subject to the provisions of sub-section (5) and sub-section (6), all foreign \r\nships shall enjoy the right of innocent passage through the territorial sea. \r\n \r\n(2) Passage of a foreign ship shall be considered innocent so long as it is not prejudicial to the \r\npeace, good order or security of Pakistan and such passage shall not be considered innocent if the \r\nforeign ship, while in the territorial sea, engages in any of the following activities, namely:— \r\n \r\n(a) any threat or use of force against the sovereignty, territorial integrity or political \r\nindependence of Pakistan or in any other manner in violation of the principles \r\nof international law embodied the charter of the United Nations; \r\n \r\n(b) any exercise or practice with weapons of any kind; \r\n \r\n(c) any act aimed at collecting information to the prejudice of the defence or \r\nsecurity of Pakistan; \r\n \r\n(d) any act of propaganda aimed at affecting- the defence or security of Pakistan; \r\n \r\n(e) the launching, landing or taking onboard of any aircraft or military device; \r\n \r\n(f) the loading or unloading of any person, commodity, currency or person contrary \r\nto the customs, fiscal, immigration or sanitary laws and regulations of Pakistan; \r\n \r\n(g) any willful act of pollution from vessels, release of toxic or noxious substances \r\nor dumping of wastes causing or likely to cause, damage or harm to Pakistan or \r\nits resources or its marine environment; \r\n \r\n(h) any fishing activities; \r\n \r\n(i) the carrying out of research or survey activities; \r\n \r\n \r\n \r\n \r\nPage 5 of 16 \r\n \r\n(j) any act aimed at interfering with any system of communication or any other \r\nfacilities or installations of Pakistan; and \r\n \r\n(k) any other activity not having a direct bearing on passage. \r\n \r\n(3) In exercising the right of innocent passage, a foreign ship shall comply with— \r\n \r\n(a) generally accepted international regulations, procedures and practices for safety \r\nat sea which have effects on the territorial sea or any part thereof; \r\n \r\n(b) the provisions of the regulations and any enactment, order or direction, which \r\nhave effect in the territorial sea or any part thereof, for or with respect to— \r\n \r\n(i) the safety of navigation and the regulation of maritime traffic, including \r\nuse of sea lanes and the operation of traffic separation schemes; \r\n \r\n(ii) the protection of navigational aids and facilities and other facilities or \r\ninstallations including research installations; \r\n \r\n(iii) the protection of cables and pipelines; \r\n \r\n(iv) the conservation of resources of sea; \r\n \r\n(v) fishing and fisheries; \r\n \r\n(vi) the preservation of the marine environment and the prevention, \r\nreduction and control of pollution thereof; \r\n \r\n(vii) marine scientific research and hydrographic surveys; and \r\n \r\n(viii) control or prohibition in relation to customs, excise, immigration or \r\nsanitation. \r\n \r\n(4) Passage shall be continuous and expeditious, stopping or anchoring shall be permitted only \r\nin so far as the same are incidental to ordinary navigation or rendered necessary by force majeure or \r\ndistress or for the purpose of rendering assistance to persons and ships or aircraft in danger or distress. \r\n \r\n(5) Foreign warships including submarines and other under water vehicles may enter or pass \r\nthrough the territorial sea with the prior permission of the Federal Government. Submarines and other \r\nunder water vehicles shall navigate on the surface and show their flag while passing through such sea. \r\n \r\n(6) Foreign super tankers, nuclear powered ships and ships carrying nuclear or other inherently \r\ndangerous or noxious substances or materials may enter or pass through the territorial sea after giving \r\nprior notice to the Federal Government, or any authority or person authorized by it in this behalf by \r\nthe Federal Government, and shall carry documents and observe special precautionary measures \r\ninternationally recognized for such ships. \r\n \r\n(7) The Federal Government, or any authority or person duly authorized in this behalf by the \r\nFederal Government, may in the interest of safety, peace, good order or security of Pakistan or any \r\npart thereof, suspend, by notification subject to such exceptions and qualifications, if any, as may be \r\n \r\n \r\n \r\nPage 6 of 16 \r\n \r\nspecified in the notification, the entry of all or any class of foreign ships into such areas of the territorial \r\nsea as may be specified in the notification. \r\n \r\n(8) The Federal Government, or any authority or person duly authorized in this behalf by the \r\nFederal Government, shall have the right to order an immediate eviction of a foreign warship or other \r\nforeign government ship operated for non-commercial purposes, that violates the laws or regulations \r\nof Pakistan while passing through the territorial sea of Pakistan. The flag state of such a ship shall bear \r\nresponsibility for any loss or damage to Pakistan resulting from the non-compliance by such ship with \r\nthe laws and regulations of Pakistan concerning passage through the territorial sea or other generally \r\naccepted rules of international law. \r\n \r\n7. Contiguous zone.—(1) The contiguous zone of Pakistan, hereinafter referred to as the \r\ncontiguous zone, is an area adjacent to and beyond the territorial sea, the limit of which is twenty-four \r\nnautical miles measured from the baseline. \r\n \r\n(2) The Federal Government, or any authority or person duly authorized in this behalf by the \r\nFederal Government, may exercise such pow ers and take such measures in or in respect of the \r\ncontiguous zone as it may consider necessary to prevent and punish the contravention of and an attempt \r\nto contravene any law, for the time being in force, relating to; \r\n \r\n(a) the security of Pakistan; \r\n \r\n(b) immigration and sanitation; \r\n \r\n(c) customs and other fiscal matters; or \r\n \r\n(d) archaeological and historical objects. \r\n \r\n(3) The Federal Government may, by notification in the official Gazette,— \r\n \r\n(a) extend to the contiguous zone any relevant law for the time being in force in \r\nPakistan, or any provision thereof, relating to any matter referred to in sub -\r\nsection (2); and \r\n \r\n(b) make such provisions, as it may consider necessary, for facilitating the \r\nenforcement of such law in the contiguous zone. \r\n \r\n8. Exclusive economic zone.—(1) The exclusive economic zone of Pakistan, hereinafter \r\nreferred to as the exclusive economic zone, is an area beyond and adjacent to the territorial sea, the \r\nlimit of which is two hundred natitical miles from the baseline. \r\n \r\n(2) In the exclusive economic zone including its bed, subsoil and the superjacent waters, \r\nPakistan has— \r\n \r\n(a) sovereign rights for the purpose of exploration, development, exploitation, \r\nconservation and management of natural resources both living and non-living \r\nas well as for producing energy from tides, winds, currents and the sun; \r\n \r\n(b) exclusive rights and jurisdiction for the construction, maintenance or operation \r\nof artificial islands, off-shore terminals, installations and other structures and \r\n \r\n \r\n \r\nPage 7 of 16 \r\n \r\ndevices necessary for the exploration and exploitation of the resources of this \r\nzone or for the safety and convenience of navigation or for any other purpose; \r\n \r\n(c) exclusive rights and jurisdiction to auth orize, regulate, conduct and control \r\nscientific research; \r\n \r\n(d) exclusive jurisdiction to preserve and protect the marine environment and to \r\nprevent, reduce and control pollution of marine environment; and \r\n \r\n(e) such other rights as are recognized by the international law. \r\n \r\n(3) No person or company including a foreign government shall, except under and in \r\naccordance with the ter ms of any agreement with the Federal Government or a licence or letter of \r\nauthority issued by the Federal Government, or any authority or person duly authorized in this behalf \r\nby the Federal Government, explore or exploit any recourses of the exclusive economic zone or carry \r\nout any search or excavation or conduct any research within the exclusive economic zone or drill \r\ntherein or construct, maintain or operate therein for any of the purposes whatsoever, any artificial, \r\nisland, off-shore terminal, installation or other structure or device. \r\n \r\n(4) The Federal Government may, by notification in the official Gazette— \r\n \r\n(a) declare any area of the exclusive economic zone to be a designated area; and \r\n \r\n(b) make such provisions as it may deem necessary with respect to all or any of the \r\nfollowing matters, namely: \r\n \r\n(i) the exploration, development, exploitation and protection of the \r\nresources of such designated area; \r\n \r\n(ii) other activities for the economic exploitation and exploration of such \r\ndesignated area, such as the production of energy from tides, winds, \r\ncurrents and the sun; \r\n \r\n(iii) the safety and protection of artificial islands, off-shore term inals, \r\ninstallations and other structures and devices in such designated area; \r\n \r\n(iv) the protection of marine environment of such designated area; \r\n \r\n(v) customs and other fiscal matters in relation to such designated area; and \r\n \r\n(vi) the regulation of entry into and passage through the designated area of \r\nforeign ships by the establishment of fairways, sea lanes, traffic \r\nseparation schemes or any other mode of ensuring freedom of navigation \r\nwhich is not prejudicial to the interest of Pakistan. \r\n \r\n(5) The Federal Government may, by notification in the official Gazette,— \r\n \r\n(a) extend to the whole or any part of the exclusive economic zone any relevant law \r\nfor the time being in force in Pakistan, or any provision thereof; and \r\n \r\n \r\n \r\n \r\nPage 8 of 16 \r\n \r\n(b) make such provisions as it may deem necessary for facilitating the enforcement \r\nof such laws in the exclusive economic zone or, as the case may be, the part \r\nthereof to which it has been extended. \r\n \r\n(6) The provisions of sub -section (6) of section 9 shall apply in relation to the laying or \r\nmaintenance of submarine cables or pipelines or such other material on the seabed of the exclusive \r\neconomic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines \r\nor such other material on the seabed of the continental shelf. \r\n \r\n(7) in the exclusive economic zone and the air space over the zone, ships and aircraft of all \r\nstates shall, subject to the exercise by Pakistan of its right within the zone, enjoy freedom of navigation \r\nand the over flight. \r\n \r\n9. Continental shelf.—(l) The continental shelf of Pakistan, hereinafter referred to as the \r\ncontinental shelf, comprises the seabed and subsoil of the submarine areas that extend beyond the limit \r\nof the territorial sea of Pakistan throughout the natural prolongation of the land territory of Pakistan to \r\nthe outer limit line comprising fixed points measured three hundred and fifty nautical miles from the \r\nbaseline, declared under sub-section (3) of section 3, as notified by the Federal Government in the \r\nofficial Gazette. \r\n \r\n(2) Pakistan has full and exclusive sovereign rights in respect of its continental shelf \r\nincluding,— \r\n \r\n(a) exclusive sovereign rights for the purposes of exploration, development, \r\nexploitation, conservation and management of all natural resources consisting \r\nof the mineral and other non-living resources of the seabed and subsoil together \r\nwith living organisms belonging to sedentary species; \r\n \r\n(b) exclusive rights and jurisdiction to authorize, regulate, conduct and control \r\nscientific research; \r\n \r\n(c) exclusive rights and jurisdiction for the construction, maintenance or operation \r\nof artificial islands, off-shore terminals, installations and other structures and \r\ndevices necessary for the exploration and exploitation of the resources of the \r\ncontinental shelf, for the convenience of shipping or for any other purpose; and \r\n \r\n(d) exclusive jurisdiction to preserve and protect the marine environment and to \r\nprevent and control marine pollution. \r\n \r\nExplanation.—For the purpose of this sub -section, the expression “living organisms ” shall \r\nmean those organisms which at the harvestable stage, are either immobile on or under the seabed or \r\nare unable to move except in constant physical contact with the seabed or the subsoil. \r\n \r\n(3) No person or company, including a foreign government, shall except under and in \r\naccordance with the terms of any agreement with the Federal Government or a licence or letter of \r\nauthority issued by the Federal Government or any authority or any person duly authorized in this \r\nbehalf by the Federal Government, explore the continental shelf or exploit its resources or carry out \r\nany search or excavation or conduct any research within the continental shelf or drill therein or \r\nconstruct, maintain or operate therein for any of the purposes whatsoever any artificial island, off-\r\nshore terminal, installation or other structures or devices. \r\n \r\n \r\n \r\nPage 9 of 16 \r\n \r\n(4) The Federal Government may by notification in the official Gazette,— \r\n \r\n(a) declare any area of the continental shelf to be a designated area; and \r\n \r\n(b) make such provisions as it may deem necessary with respect to all or any of the \r\nfollowing matters, namely; \r\n \r\n(i) the exploration, development, exploitation and protection of the \r\nresources of the continental shelf within such designated area; \r\n \r\n(ii) the safety and protection of artificial islands, off-shore terminals, \r\ninstallations and other structure and devices in such designated area; \r\n \r\n(iii) the protection of marine environment of such designated area; \r\n \r\n(iv) customs and other fiscal matters in relation to such designated area; and \r\n \r\n(v) the regulation of entry into and passage through the designated area of \r\nforeign ships by the establishment of fairways, sealanes, traffic \r\nseparation schemes or any other mode of ensuring freedom of navigation \r\nwhich is not prejudicial to the interest of Pakistan. \r\n \r\n(5) The Federal Government may, by notification in the official Gazette,— \r\n \r\n(a) extend to the whole or any part of the continental shelf any relevant law for the \r\ntime being in force in Pakistan, or any provision thereof; and \r\n \r\n(b) make such provisions as it may consider necessary for facilitating the \r\nenforcement of such laws in the continental shelf or, as the case may be, the part \r\nthereof to which it has been extended. \r\n \r\n(6) Subject to any measures that may be necessary for protecting the interests of Pakistan, the \r\nFederal Government may not impede the laying or maintenance of submarine cables or pipelines or \r\nsuch other material on the seabed of the continental shelf by foreign states: \r\n \r\nProvided that the consent of the Federal Government shall be necessary for the delineation of \r\nthe course for the laying of such cables or pipelines or such other material. \r\n \r\n10. Safety zones.—(1) The Federal Government may establish safety zones around artificial \r\nislands, off-shore terminals, installations and other structures, devices constructed, maintained and \r\noperated within the internal waters, the territorial sea, the exclusive economic. zone and the continental \r\nshelf by the Federal Government or by a person or company under a licence issued by the Federal \r\nGovernment. \r\n \r\n(2) The limits of safety zones mentioned in sub-section (1) shall not exceed a distance of five \r\nhundred meters around them, measured from each point of their outer edge except as authorized by \r\ngenerally accepted international standards. \r\n \r\n(3) All ships, vessels and boats while navigating in the vicinity of the artificial islands, off-\r\nshore terminals, installations, and other structures and devices shall comply with the laws and \r\n \r\n \r\n \r\nPage 10 of 16 \r\n \r\nregulations and orders issued by the Federal Government or any authority or person duly authorized \r\nin this behalf by the Federal Government for the safety of the navigation and the artificial islands off-\r\nshore terminals, installations other structures and devices. \r\n \r\n11. Delimitation of maritime boundaries.—(1) Notwithstanding anything contained in any \r\nother law for the time being in force and any other provision of this Act, the delimitation of the \r\nterritorial sea, contiguous zone, the exclusive economic zone, the continental shelf and other maritime \r\nzones between Pakistan and any other state whose coast is opposite or adjacent to that of Pakistan shall \r\nbe determined by agreement between Pakistan. and such state. \r\n \r\n(2) Every agreement referred to in sub-section (1) shall be published in the official Gazette as \r\nsoon as it enters into force. \r\n \r\n12. Publication of charts.—The Federal Government may cause to be published in official \r\ncharts the baseline referred to in sub-section (3) of section 3, the boundaries of the territorial sea, the \r\ncontiguous zone, the exclusive economic zone, the continental shelf and other maritime boundaries as \r\nreferred to in section 11. \r\n \r\n13. Removal of off-shore installations.—(1) Subject to any action under any other law for \r\nthe time being in force and any other provision of this Act, the Federal Government or any authority \r\nor a person duly authorized in this behalf by the Federal Government, may direct a person or company \r\nto remove within the time given by the Federal Government or the authorized person or authorized \r\nauthority, the artificial island, off-shore terminal, installation and other structure or device, constructed, \r\nmaintained or operated or any vessel, aircraft, platform or other man-made structure dumped by that \r\nperson or company in contravention of any provisions of the Act. \r\n \r\n(2) In case such person or company mentioned in sub-section (1) fails to remove such artificial \r\nisland, off-shore terminal, installation, vessel, aircraft, platform or other structure, the Federal \r\nGovernment or any authority or person duly authorized in this behalf by the Federal Government may \r\nremove such artificial island, off-shore terminal, installation, vessel, aircraft and any other structure or \r\ndevice, at the risk and cost of such person or company. \r\n \r\n14. Prohibition of pollution.—No person, vessel or company shall cause or attempt to cause \r\nor abet to cause the pollution of marine environment in the internal waters, the territorial sea, the \r\ncontiguous zone, the exclusive economic zone and the continental shelf. \r\n \r\nExplanation.—For the purpose of this section, the expression “pollution of marine \r\nenvironment”, means the introduction by a person, directly or indirectly, of substance or energy into \r\nthe marine environment, including estuaries which result or is likely to result in such deleterious effects \r\nas harmful to living resources and marine life, hazardous to human health, hindrance to marine \r\nactivities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea \r\nwater and reduction of amenities. \r\n \r\n15. Prohibition of dumping.—No person, vessel or company shall cause or attempt to cause \r\nor abet to cause the dumping in the internal waters, the territorial sea, the contiguous zone, the \r\nexclusive economic zone and the continental shelf, except under and in accordance with the terms of \r\na licence or letter of authority issued by the Federal Government or any other authority or person duly \r\nauthorized in this behalf by the Federal Government. \r\n \r\nExplanation.—For the purpose of this section, the expression “dumping” means,— \r\n \r\n \r\n \r\nPage 11 of 16 \r\n \r\n(a) any deliberate disposal of wastes or other matters from vessels, aircraft, \r\nplatforms or other man-made structures at sea; and \r\n \r\n(b) any deliberate disposal of vessels, aircraft, platforms or other man -made \r\nstructures at sea but does not include— \r\n \r\n(i) the disposal of wastes or any other matter incidental to or derived from \r\nthe normal operations of vessels, aircraft, platforms or other man-made \r\nstructures at sea and their equipment, other than wastes or other matters \r\ntransported by or to v essels, aircraft, platforms or other man-made \r\nstructures at sea operating for the purpose of disposal of such mater or \r\nderived from the treatment of such wastes or other matters on such \r\nvessels, aircraft, platforms or structures; \r\n \r\n(ii) placement of matter for a purpose other than the mere disposal thereof, \r\nprovided that such placement is not contrary to any provisions of this \r\nAct. \r\n \r\n16. Jurisdiction onboard a foreign ship .—(1) Where an offence is committed onboard a \r\nforeign ship, being a merchant ship or government ship operated for commercial purposes, during its \r\npassage through the territorial sea, jurisdiction may be exercised, in relation to such offence, only if; \r\n \r\n(a) the consequences of the offence extends to the territory of Pakistan; \r\n \r\n(b) the offence is of a kind likely to disturb the peace of Pakistan or good order of \r\nthe territorial sea; \r\n \r\n(c) the assistance of the Federa l Government or any public officer has been \r\nrequested by the master, of the foreign ship or by a diplomatic agent or consular \r\nofficer of the relevant foreign state; or \r\n \r\n(d) it is necessary to exercise jurisdiction for the purpose of suppressing any illicit \r\ntraffic in narcotic drugs or psychotropic substances or weapons, unauthorized \r\nbroadcasting or any act of piracy and slave trade. \r\n \r\nExplanation.—For the purpose of clause (d), the expression “unauthorized broadcasting” \r\nmeans the transmission of sound radio or television broadcasts from a ship or installation in the \r\nexclusive economic zone or on the high seas intended for reception by the people of Pakistan contrary \r\nto the international regulations, but excluding the transmission of distress call. \r\n \r\n(2) The limitation in sub-section (1) shall not apply in any case where a foreign ship is passing \r\nthrough the territorial sea after leaving the internal waters. \r\n \r\n(3) Subject to sub-section (1), where a foreign ship proceeding from a port outside Pakistan is \r\npassing through the territorial sea without having entered internal waters, jurisdiction may be exercised \r\nin relation to any offence committed before the ship entered the territorial sea, onboard the ship during \r\nthe passage only if— \r\n \r\n(a) there are grounds for believing that the ship has, in the exclusive economic zone \r\nor the continental shelf, committed a violation of— \r\n \r\n \r\n \r\nPage 12 of 16 \r\n \r\n(i) any provision of law of Pakistan applicable in the exclusive economic \r\nzone and the continental shelf for exploration or exploitation of the \r\nnatural resources whether living or non-living; \r\n \r\n(ii) any provision of law of Pakistan and any i nternational rule or standard \r\napplicable in the exclusive economic zone or the continental shelf; or \r\n \r\n(iii) any provision of the regulations or any enactment conforming to and \r\ngiving effect to any such rules and standards; \r\n \r\n(b) there are reasonable grounds for believing that violation has resulted in a \r\nsubstantial discharge causing or threatening significant pollution of the marine \r\nenvironment; or \r\n \r\n(c) there is clear evidence that violation has resulted in a substantial discharge \r\ncausing major damage or threat of major damage to the coastline of Pakistan or \r\nto any resources of its territorial sea or exclusive economic zone or continental \r\nshelf. \r\n \r\n17. Pollution and dumping outside internal waters, contiguous zone, territorial sea or \r\nexclusive economic zone.—(1) When a foreign ship which voluntarily within a port or at an off-shore \r\nterminal of Pakistan has caused marine pollution or dumping as defined in sections 14 and 15, outside \r\nthe internal waters, the territorial sea or the exclusive economic zone and the continental shelf, which \r\nhas caused or is likely to cause pollution in the internal waters, the territorial sea or the exclusive \r\neconomic zone, the master and the person in charge of such ship shall be deemed to have committed \r\nthe offence liable for the punishment under section 27. \r\n \r\n(2) The owner and agent of the ship mentioned in sub-section (1) shall also be deemed to have \r\ncommitted the offence liable for punishment under section 27 unless he proves that the offence was \r\ncommitted without his knowledge or that he exercised all due diligence to prevent the commission of \r\nthat offence. \r\n \r\n18. Seaworthiness of ships to avoid pollution or dumping.—When the Federal Government, \r\nor any authority or person duly authorized in this be half by the Federal Government, has reasons to \r\nbelieve that a foreign ship within one of the ports or at one of the off-shore terminals of Pakistan, in \r\nviolation of generally accepted international rules and standards relating to seaworthiness of such \r\nships, is likely to cause pollution or dumping as defined in sections 14 and 15, in the internal waters, \r\nthe territorial sea or the contiguous zone or the exclusive economic zone or the continental shelf, the \r\nFederal Government, or any authority or person duly authorized in this behalf by that Government, \r\nmay as far as practicable take administrative measures to prevent such ship from sailing and may \r\npermit such ship to proceed only to the nearest appropriate repair yard and upon removal of the causes \r\nof the violations may permit the ship to continue immediately. \r\n \r\n19. Hot pursuit .—(1) When the Federal Government, or any authority or person duly \r\nauthorized in this behalf by the Federal Governknent, has reason to believe that a foreign ship has \r\nviolated the laws or regulations of Pakistan, it or he may undertake the hot pursuit for the arrest of that \r\nship. \r\n \r\n \r\n \r\n \r\nPage 13 of 16 \r\n \r\n(2) Hot pursuit commences when the foreign ship or one of its boats or other craft working as \r\na team and using the ship pursued as a mother ship is within the limits of the internal waters, territorial \r\nsea or contiguous zone of Pakistan. \r\n \r\n(3) If the foreign ship is in the contiguous zone of Pakistan, the hot pursuit may be undertaken \r\nif there has been a violation of the laws or regulations for which the zone was established. \r\n \r\n(4) As long as the hot pursuit is not interrupted, it may continue outside the territorial sea, the \r\ncontiguous zone, the exclusive economic zone and the continental shelf as the case may be. The hot \r\npursuit ceases as soon as the ship pursued enters the territorial sea of its own country or of a third \r\ncountry. The right of hot pursuit shall be exercised by warships or military aircraft of Pakistan, or by \r\nships or aircraft clearly marked and identifiable as being on Federal Government service and duly \r\nauthorized in this behalf by the Federal Government or any authority or person duly authorized by the \r\nFederal Government. \r\n \r\n(5) In case of violations of laws or regulations applicable in the exclusive economic zone or on \r\nthe continental shelf, the hot pursuit may commence when the ship pursued or one of it boats using the \r\nship pursued as a mother ship, is within the limits of the exclusive economic zone or continental shelf \r\nas the case may be. \r\n \r\nExplanation.—For the purpose of this section,— \r\n \r\n(a) the expression “warship” includes all ships of the Pakistan Navy and the \r\nPakistan Maritime Security Agency; and \r\n \r\n(b) the expression “military aircraft” includes an aircraft of the Pakistan Army, \r\nPakistan Navy, Pakistan Air Force and the Pakistan Maritime Security Agency. \r\n \r\n20. Foreign warships.—A foreign warship and other state owned ships used and operated by \r\nthe government thereof for non-commercial purposes shall not be arrested or taken into custody under \r\nany provision of this Act. In such cases, a written report shall be submitted immediately to the Federal \r\nGovernment or any authority or person duly authorized in this behalf by the Federal Government. \r\n \r\nExplanation.—For the purpose of this section, the expression “warship” means a ship \r\nbelonging to the armed forces of a State bearing the external marks distinguishing such ship of its \r\nnationality, under the command of an officer duly commissioned by that state and whose name appears \r\nin the appropriate service list or its equivalent and manned by a crew which is under regular armed \r\nforces discipline. \r\n \r\n21. Attempt and abetment.—Whoever attempts to contravene or abets the contravention of \r\nany provision of this Act shall be deemed to have contravened the provisions of this Act and rules \r\nmade thereunder. \r\n \r\n22. Trial of Offences.—(1) Unless otherwise provided under the provisions of this Act, any \r\nperson committing an offence under the provisions of this Act shall be punishable under section 27 or \r\nunder any of the laws extended under this Act and shall be tried by a Court of Sessions designated by \r\nthe Federal Government in consultation with Chief Justice of the High Court of the respective province, \r\nin this behalf. \r\n \r\n \r\n \r\n \r\nPage 14 of 16 \r\n \r\n(2) Without prejudice to the provisions of the Pakistan Maritime Sectirity Agency Act, 1994 \r\n(X of 1994), no proceedings shall be initiated under this Act except on a complaint in writing to the \r\ncompetent Court of Sessions made by Pakistan Maritime Security Agency or Pakistan Navy. \r\n \r\n23. Arrest without warrant.—Notwithstanding anything contained in the Code of Criminal \r\nProcedure, 1898 (V of 1898), any person who contravenes any provisions of this Act may be arrested \r\nwithout warrant by the commanding officer of a ship, vessel or boat of the Pakistan Navy and the \r\nPakistan Maritinie Security Agency, not below the rank of lieutenant. The arresting officer may also \r\ntake into custody any ship, vessel, boat, equipment and gear used and any artificial island, off-shore \r\nterminal, installation, structure and device constructed, maintained and operated and any property \r\nacquired, possessed or disposed of in contravention of any provision of this Act. \r\n \r\n24. Visit and search.—For the purposes of this section, the commanding officer may board \r\nor send a boarding party to any ship or vessel suspected of being used or any artificial island, off-shore \r\nterminal installation or any other structure or device suspected of being constructed, maintained or \r\noperated in contravention of any provisions of this Act for investigation, inspec tion, search and \r\nchecking documents. \r\n \r\n25. Procedure after arrest .—The officer making an arrest under section 23 shall, without \r\nunnecessary delay, take or produce the person arrested before the officer in charge of the police station \r\nor the court, having jurisdiction in the case and thereupon the provisions of the Code of Criminal \r\nProcedure, 1898 (V of 1898), relating to investigation of cognizable offences and trial before the Court \r\nof Sessions, shall apply. \r\n \r\n26. Disposal of perishable property.—In case any property taken into custody under section \r\n23 is a perishable item, the same may be disposed of under orders of the court having jurisdiction in \r\nthe ease and if it is sold, its value shall be treated as property taken into custody under that section. \r\n \r\n27. Punishment.—(1) Whoever contravenes any provision of this Act or any rule, regulation \r\nor notification made or issued thereunder shall, without prejudice to any other action whi ch may be \r\ntaken against such person under any other provision of this Act or of any other law for the time being \r\nin force be punishable by imprisonment for a term which may extend to five years or with fine or with \r\nboth. \r\n \r\n(2) Notwithstanding any provision of any other law for the time being in force, any ship, vessel, \r\nboat, equipment and gear and any artificial island, off-shore terminal, installation and other structure \r\nor device used for commission of the offence and any property acquired, possessed or disposed of in \r\ncommission of an offence under this Act shall be forfeited to the Federal Government. \r\n \r\n28. Piracy.—A person commits piracy, if he commits any one or more of the following acts, \r\nnamely: — \r\n \r\n(a) any illegal act of violence or detention, depredation, committed for private ends \r\nby the crew or the passengers of a private ship or a private aircraft and \r\ndirected.— \r\n \r\n(i) against another ship or aircraft or against persons or property onboard \r\nsuch ship or aircraft; or \r\n \r\n \r\n \r\n \r\nPage 15 of 16 \r\n \r\n(ii) against a ship, aircraft, persons or property on high seas or in a place \r\noutside the jurisdiction of any state; and \r\n \r\n(b) any act of voluntary participation in the operation of a ship or of an aircraft with \r\nknowledge of facts making it a pirate ship or aircraft; \r\n \r\n(c) any act of abetting or inciting or of intentionally facilitating an act specified in \r\nclauses (a) or (b). \r\n \r\n29. Punishment for piracy.—Whoever commits piracy shall be punishable with imprisonment \r\nwhich may extend to ten years and if, while committing the offence, commits murder shall also be \r\nliable to imprisonment for life or with death. \r\n \r\n30. Armed robbery against ships.—Whoever, by any unlawful act of violence or detention \r\nor any act of depredation or threat thereof, other than act of piracy, directed against the ship or against \r\npersons or property onboard a ship in the territorial sea, commits or attempts to commit the armed \r\nrobbery against ships shall be liable to punishment under section 27. \r\n \r\n31. Offences by companies.—Where an offence punishable under section 27 has been \r\ncommitted by a company, any person who, at the time the offence was committed, was in charge of \r\nand was responsible to the company for the conduct of the business of the company, as well as the \r\ncompany, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and \r\npunished accordingly, provided that nothing contained in this section shall render any such person \r\nliable to any punishment provided in this Act if he proves that the offence was committed without his \r\nknowledge or that he exercised due diligence to prevent the commission of such offence. \r\n \r\n32. Power to make rules.—(1) The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n \r\n(2) In particular and without prejudice to the generality of the foregoing power, such rules may \r\nprovide for all or any of the following Matters namely:— \r\n \r\n(a) regulation of the conduct of any person in the territorial sea, contiguous zone, \r\nthe exclusive economic zone, the continental shelf or any other maritime zone \r\nof Pakistan; \r\n \r\n(b) regulation of the exploration, development, exploitation, conservation and \r\nmanagement of the resources of the contiguous zone, the continental shelf and \r\nexclusive economic zone; \r\n \r\n(c) regulation of the construction, maintenance and operation of artificial islands, \r\noff-shore terminals, installations and other structures and devices; \r\n \r\n(d) preservation and protection of the marine environment and prevention, \r\nreduction and control of marine pollution; \r\n \r\n(e) authorization, regulation and control of the conduct of marine scientific \r\nresearch; \r\n \r\n(f) fees in relation to licences and letters of authority; \r\n \r\n \r\n \r\nPage 16 of 16 \r\n \r\n \r\n(g) any matter relating to implementation of the convention and other such \r\nconventions; and \r\n \r\n(h) any matter incidental to any of the matters specified in this Act, \r\n \r\n33. Delegation.—The federal Government may, by notification in the official Gazette and \r\nsubject to such conditions as may be specified in the notification, direct that all or any of its powers \r\nunder this Act or rules made thereunder shall also be exercisable by an authority or officer subordinate \r\nto it or by a provincial government or any authority or officer subordinate to it. \r\n \r\n34. Repeal and savings.—(1) The Territorial Waters and Maritime Zones Act, 1976 (LXXXII \r\nof 1976) is hereby repealed. \r\n \r\n(2) Everything done and all actions, liabilities or proceedings commenced or power conferred, \r\nrules made and notifications issued, under any provision of the said repealed Act shall continue in \r\nforce and be deemed to have been respectively done, taken, incurred, commenced, appointed, \r\nauthorized, conferred, made or issued under this Act. \r\n \r\n \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n RGN. 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