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Islamabad (Preservation of Landscape) Ordinance, 1966

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THE ISLAMABAD (PRESERVATION OF LANDSCAPE) ORDINANCE, 1966

THE ISLAMABAD (PRESERVATION OF LANDSCAPE) ORDINANCE, 1966 ORDINANCE NO. III of 1966 [25th January, 1966] AN ORDINANCE to provide for the preservation of landscape in Islamabad WHEREAS it is expedient to provide for the preservation of landscape in Islamabad; AND WHEREAS clause (4) of Article 131 of the Constitution provides that the Central Legislature shall have power to make laws for the Islamabad Capital Territory with respect to any matter not enumerated in the Third Schedule to the Constitution; AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution read with clause (4) of Article 131 thereof and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :—

Section 1. Short title, extent and commencement

(1) This Ordinance may be called the Islamabad (Preservation of Landscape) Ordinance, 1966.

(2) It extends to the Islamabad Capital Territory.

(3) It shall come into force at once.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,__

(a) “landscape” includes earth, land, clay, rock, boulders, shingles, pebbles and any other substance over the surface of land, and grass, weeds, bushes, hedges, plants, standing trees, undergrowth and all ob jects of natural beauty visible to the eye; and

(b) all other words and expressions have the meaning assigned to them in the Capital Development Authority Ordinance, 1960 (XXIII of 1960).

Section 3. Operation of other laws

The provisions of this Ordinance and the rules made thereunder shall be in addition to and not in derogation of the provisions of the Capital Development Authority Ordinance, 1960 (XXIII of 1960), and the Pakistan Capital Regulation (M.L. Regulation

No. 82), and the rules made thereunder, and sh all have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Section 4. Preservation of landscape

(1) No person shall remove, destroy, damage or alter anything, or commit any other act if such removal, destruction, damage, alteration or act affects or is likely to affect a landscape injuriously.

(2) This section shall not apply to anything done by, or at the instance or with the permission of, the Authority.

Section 5. Penalty

Whoever contravenes any p rovision of this Ordinance or any rules made thereunder, or abets such contravention, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Section 6. Power to arrest without warrant

(1) Any police officer, or any officer appointed in this behalf by the Authority, may, without orders from a Magistrate and without a warrant, arrest any person who has contravened or is found contravening any provision of this Ordi nance, or against whom reasonable suspicion exists of having been concerned in the commission of any offence punishable under this Ordinance.

(2) Every officer making an arrest under this section shall, without unnecessary delay, take or send the person ar rested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police­station.

Section 7. Cognizance and compounding of offences

(1) No Court shall take cognizance of any offence punishable under this Ordinance except on a report in writing by the Authority or a person authorised in this behalf by the Authority of the facts constituting such offence.

(2) The Authority or the person authorised may, instead of making a report of an offence under sub­section (1), compound such offence for such sum of money as may be determined by the Authority or the person authorised.

Section 8. Offences to be tried summarily

An offence punishable under this Ordinance shall be tried in a summary way in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), relating to summary trials.

Section 9. Certains powers for officers of the Authority

For carrying out the purposes of this Ordinance, the officers of the Authority who may be specified by it in this behalf may—

(a) hold enquiry into offences punishable under this Ordinance, and, in the course of such enquiry, receive and record evidence ;

(b) enter upon any land or in any building for the purpose of any such enquiry ; and

(c) exercise the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects.

Section 10. Requisition of police assistance

Any officer authorised to take any action under this Ordinance may, if he requires police assistance for taking such action, send a requisition to the officer in charge of a police­station who shall, on such requisition, render the assistance required.

Section 11. Certain persons deemed public servants

Any officer o f the Authority or other person, while acting or purporting to act under the provisions of this Ordinance, shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code.

Section 12. Indemnity

No suit or other legal proceeding shall lie against the Authority or any person in respect of anything which is in good faith done or intended to be done under this Ordinance.

Section 13. Bar of Jurisdiction

No Court or other Authority shall call in question anything done or intended to be done under this Ordinance by or at the instance of the Authority.

Section 14. Power to exempt

The 1[Federal Government] may, by notification in the official Gazette, exempt any part of the Islamabad Capital Territory or any class of land from the operation of all or any of the provisions of this Ordinance.

Section 15. Power to make rules

The 1[Federal Government] may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

___________

RGN Uploaded Date: 27.03.2024

1Subs. by F.A.O., 1975 (P.O. No. 4 of 1975), Art. 2 and Table.

Print contents from the source
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Operation of other laws 
4. Preservation of landscape 
5. Penalty 
6. Power to arrest without warrant 
7. Cognizance and compounding of offences 
8. Offences to be tried summarily 
9. Certain powers for officers of the Authority 
10. Requisition of police assistance 
11. Certain persons deemed public servants 
12. Indemnity 
13. Bar of Jurisdiction 
14. Power to exempt  
15. Power to make rules
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 7b408accd621172cfe11e160a8613427a1c7180a5e0a1e68d1b7ba99e248a288.

Page 1 of 4 
 
 
 
 
 THE ISLAMABAD (PRESERVATION OF LANDSCAPE) 
ORDINANCE, 1966 
 
 
 
 
 
 
 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Operation of other laws 
4. Preservation of landscape 
5. Penalty 
6. Power to arrest without warrant 
7. Cognizance and compounding of offences 
8. Offences to be tried summarily 
9. Certain powers for officers of the Authority 
10. Requisition of police assistance 
11. Certain persons deemed public servants 
12. Indemnity 
13. Bar of Jurisdiction 
14. Power to exempt  
15. Power to make rules 
 
  
 

 
Page 2 of 4 
 
THE ISLAMABAD (PRESERVATION OF LANDSCAPE) 
ORDINANCE, 1966 
ORDINANCE NO. III of 1966 
[25th January, 1966]  
AN  
ORDINANCE  
to provide for the preservation of landscape in Islamabad 
WHEREAS it is expedient to provide for the preservation of landscape in Islamabad; 
AND WHEREAS clause (4) of Article 131 of the Constitution provides that the Central 
Legislature shall have power to make laws for the Islamabad Capital Territory with respect to any 
matter not enumerated in the Third Schedule to the Constitution; 
AND WHEREAS the National Assembly is not in session and the President is satisfied that 
circumstances exist which render immediate legislation necessary; 
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the 
Constitution read with clause (4) of Article 131 thereof and of all other powers enabling him in that 
behalf, the President is pleased to make and promulgate the following Ordinance :— 
1. Short title, extent and  commencement.—(1) This Ordinance may be called the 
Islamabad (Preservation of Landscape) Ordinance, 1966.  
(2) It extends to the Islamabad Capital Territory. 
(3) It shall come into force at once. 
2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or 
context,__ 
(a) “landscape” includes earth, land, clay, rock, boulders, shingles, pebbles and any 
other substance over the surface of land, and grass, weeds, bushes, hedges, 
plants, standing trees, undergrowth and all ob jects of natural beauty visible to 
the eye; and 
(b) all other words and expressions have the meaning assigned to them in the 
Capital Development Authority Ordinance, 1960 (XXIII of 1960). 
3. Operation of other laws. —The provisions of this Ordinance and the  rules made 
thereunder shall be in addition to and not in derogation of the provisions of the Capital Development 
Authority Ordinance, 1960 (XXIII of 1960), and the Pakistan Capital Regulation (M.L. Regulation 
No. 82), and the rules made thereunder, and sh all have effect notwithstanding anything inconsistent 
therewith contained in any other law for the time being in force. 
  
 
Page 3 of 4 
 
4. Preservation of landscape. —(1) No person shall remove, destroy, damage or alter 
anything, or commit any other act if such removal, destruction, damage, alteration or act affects or is 
likely to affect a landscape injuriously. 
(2) This section shall not apply to anything done by, or at the instance or with the 
permission of, the Authority. 
5. Penalty.—Whoever contravenes any p rovision of this Ordinance or any rules made 
thereunder, or abets such contravention, shall be punishable with imprisonment for a term which may 
extend to six months, or with fine which may extend to five thousand rupees, or with both. 
6. Power to arrest without warrant. —(1) Any police officer, or any officer appointed 
in this behalf by the Authority, may, without orders from a Magistrate and without a warrant, arrest 
any person who has contravened or is found contravening any provision of this Ordi nance, or against 
whom reasonable suspicion exists of having been concerned in the commission of any offence 
punishable under this Ordinance. 
(2) Every officer making an arrest under this section shall, without unnecessary delay, take 
or send the person ar rested before the Magistrate having jurisdiction in the case, or to the officer in 
charge of the nearest police­station. 
7. Cognizance and compounding of offences. — (1) No Court shall take cognizance of 
any offence punishable under this Ordinance except on a report in writing by the Authority or a person 
authorised in this behalf by the Authority of the facts constituting such offence. 
(2) The Authority or the person authorised  may, instead of making a report of an offence 
under sub­section (1), compound such offence for such sum of money as may be determined by the 
Authority or the person authorised. 
8. Offences to be tried summarily.— An offence punishable under this Ordinance shall 
be tried in a summary way in accordance with the provisions of the Code of Criminal Procedure, 1898 
(Act V of 1898), relating to summary trials. 
9. Certains powers for officers of the Authority.—For carrying out the purposes of this 
Ordinance, the officers of the Authority who may be specified by it in this behalf may— 
(a) hold enquiry into offences punishable under this Ordinance, and, in the course 
of such enquiry, receive and record evidence ; 
(b) enter upon any land or in any building for the purpose of any such enquiry ; and 
(c) exercise the powers of a Civil Court to compel the attendance of witnesses and 
the production of documents and material objects. 
10. Requisition of police assistance.—Any officer authorised to take any action under this 
Ordinance may, if he requires police assistance for taking such action, send a requisition to the officer 
in charge of a police­station who shall, on such requisition, render the assistance required. 
11. Certain persons deemed public servants. —Any officer o f the Authority or other 
person, while acting or purporting to act under the provisions of this Ordinance, shall be deemed to be 
a public servant within the meaning of section 21 of the Pakistan Penal Code. 
 
Page 4 of 4 
 
12. Indemnity.—No suit or other legal proceeding shall lie against the Authority or any 
person in respect of anything which is in good faith done or intended to be done under this Ordinance. 
13. Bar of Jurisdiction.—No Court or other Authority shall call in question anything done 
or intended to be done under this Ordinance by or at the instance of the Authority. 
14. Power to exempt. —The 1[Federal Government] may, by notification in the official 
Gazette, exempt any part of the Islamabad Capital Territory or any class of land from the operation of 
all or any of the provisions of this Ordinance. 
15. Power to make rules.—The 1[Federal Government] may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance. 
 
 
___________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RGN Uploaded Date: 27.03.2024 
 
1Subs. by F.A.O., 1975 (P.O. No. 4 of 1975), Art. 2 and Table.
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Islamabad (Preservation of Landscape) Ordinance, 1966
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