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Capital Development Authority Ordinance (CDA), 1960

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THE CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960

THE SCHEDULE

THE CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960. (ORDINANCE NO. XXIII OF 1960)

[27th June, 1960]

An Ordinance to establish a Capital Development Authority.

WHEREAS it is expedient to establish a Capital Development Authority for making all arrangements for the planning and development of Islamabad within the frame­work of a regional development plan;

NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:⎯

CHAPTER I.⎯ PRELIMINARY

Section 1. Short title, extent and commencement

⎯ (1)This Ordinance may be called the Capital Development Authority Ordinance, 1960.

(2) It extends to the Specified Areas.

(3) It shall come into force at once.

2. Definitions.⎯ In this Ordinance, un less there is anything repugnant in the subject or context,⎯

(a) “agency” means any department or organization of the 1[Federal] or Provincial Government and includes a corporation, or other autonomous or semi­autonomous body set up by the 1[Federal] or Provincial Government;

(b) “Authority” means the Capital Development Authority established und er section 4;

(c) “Board” means the Board constituted under section 6;

(d) “building” includes any factory, industrial or business establishment, shop, godown, warehouse, house, outhouse, hut, hutment, shed, garrage, stable, well or platform, and any o ther structure, whether meant for r esidential or business purposes or not, made of masonry, bricks, wood, mud, thatch, metal or any other material, but does not include a temporary structure made for purposes connected with agriculture;

(e) “Capital Site” means the part or parts of the Specified Areas declared to be the site for the Pakistan Capital under section 3;

(f) “Chairman” means the Chairman of the Authority;

_________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table.

(g) “Commissioner” means the Commissioner of the Division concerned, and includes any other officer appointed by the Authority to exercise the powers of the Commissioner under this Ordinance;

(h) “Deputy Commissioner” means the Deputy Commissioner of the District concerned, and includes any other officer appointed by the Authority to exercise all or any of the powers and discharge all or any of the functions of the Deputy Commissioner under this Ordinance;

(i) “land” includes buildings and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;

(j) “local body” means 1[the local body,] the local council or the municipal body as defined in clauses (23) 1[,(24)] and (27) of Article 3 of the Basic Democracies Order, 1959, (P.O. 18 of 1959), or the Cantonment Board, having jurisdiction in the area concerned, and includes an Improvement Trust within such area; 2[(k) “market value” means,⎯

(i) in relation to land acquired before the first day of January, 1968, the average market v alue thereof prevailing during the period commencing the first day of January, 1954, and ending on the thirty first day of December, 1958; 3[*]

(ii) in relation to land acquired on or after the first day of January, 1968, the aggregate of the average market value as aforesaid determined with reference to its classification r ecorded in the Register of Haqdaran Zamin as in force on that day and twenty-five per cent of such value 3[; and]

3[(iii) in relation to land acquired on or after the first day of January, 1996, the market v alue as may be determined in accordance with the provisions of the Land Acquisition Act, 1894 as applicable in the Province of the Punjab.]

(l) “Member” means a member of the Authority;

(m) “regulations” means regulations made under this Ordinance;

(n) “rules” means rules made under this Ordinance;

(o) “scheme” means a planning scheme or a development scheme made under this Ordinance;

(p) “Specified Areas” means the areas specified in the Schedule, and such other area or areas as may from time to time be included therein by the 4[Federal Government] by notification in the official Gazette;

(q) “Vice­Chairman” means the Vice Chairman of the Authority.”

________________________________________________________________________________________________________________________________________________________________

1Ins. by Act No. XXII of 1966 , s. 2.

2Subs. by Act No. VII of 1968 , s. 2.

3Omitted, subs. & added by Act No. III of 1999 , s. 2.

4Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table.

Section 3. Declaration of Capital Site

⎯ (1) The 1 [Federal Government] may, from time to time, by notification in the official Gazette, declare any part or parts of the Specified Areas to be the site for the Pakistan Capital.

(2) Notwithstanding anything contained in this Ordinance or in any other law any such notification as aforesaid may be made so as to be retrospective to any day not earlier than the first day of June,1959, and where a notification is so made, the provisions of the Ordinance shall, in so far as they affect the Capital Site, apply as if this Ordinance were promulgated on the day to which the notification is made retrospective. _____________

CHAPTER II.⎯ CONSTITUTION OF THE AUTHORITY

Section 4. Constitution of the Authority

⎯ (1) There shall be established an authority to be known as the Capital Development Authority for carrying out the purposes of this Ordinance.

(2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.

Section 5. Management

⎯ (1) The general direction and administration of the Authority and its affairs shall vest in the Board which may exercise all powers and do all acts and things which may be exercised or done by the Authority.

(2) The Board in discharging its functions shall act on sound principles of development, town planning and housing, and shall be guided on questions of policy by such directions as the 1[Federal Government] may from time to time give.

(3) If any question arises as to whether any matter is a matter of policy or not the decision of the 1[Federal Government] shall be final.

Section 6. Constitution of the Board

⎯ (1) The Board shall consist of not less than three members, to be appointed by the 1[Federal Government].

(2) The 1 [Federal Government] shall appoint a Chairman, a Vice Chairman and a Financial Advisor from amongst the members.

(3) The Chairman and other members shall hold office during the pleasure of the 1[Federal Government] and unless sooner removed the Chairman and the Financial Adviser shall hold office for a period of five years and other members shall hold office for a period of four years.

(4) Any person ceasing to be Chairman, Vice Chairman or member of the Board, by reason of the expiry of the term of his office, shall be eligible for reappointment for another term or for such shorter term as the 1[Federal Government] may decide.

(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the Board.

________________________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table.

(6) The Chairman or any member may at any time resign:

Provided that his resignation shall not take effect until accepted by the 1[Federal Government].

Section 7. Remuneration and conditions of service

The Chairman and each member shall receive such salary and allowances and shall be subject to such conditions of service as may be determined by the 1[Federal Government].

Section 8. Disqualification of the members

No person shall be or shall continue to be a member who⎯

(a) is or, at any time, has been, convicted of an offence involving moral turpitude; or

(b) is or, at any time, has been adjudicated insolvent; or

(c) is found to be a lunatic or of unsound mind ;or

(d) is a minor; or

(e) has a financial interest in any scheme or a conflicting interest directly or indirectly between his interests as a member and his private interests and has failed to disclose such interest in writing to the 1[Federal Government];

2[(f) * * * * * * * ]

Section 9. Duties and functions of Chairman and other members

⎯(1) The Chairman and other members shall discharge such duties and perform such functions as are assigned to them by or under this Ordinance.

(2) Until the Board is duly constituted, the Chairman shall, subject to such directions as the 1[Federal Government] may from time to time give, exercise the powers, discharge the duties and perform the functions of the Board.

(3) The Vice­Chairman shall have such powers, duties and functions as may be delegated to him by the Chairman.

Section 10. Headquarters of the Authority and m e e t i n g s of the Bo ard

⎯ (1) Until the Authority establishes its headquarters elsewhere within the Specified Areas, its headquarters shall be situated at Rawalpindi.

(2) The meetings of the Board shall be held at such times and places and in such manner as the regulations may provide;

Provided that until regulations are made in this behalf, the meetings of the Board shall be held as and when convened by the Chairman. _________________________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table.

2Omitted by Act. No IX of 2023 s. 2.

CHAPTER III.⎯ POWERS AND DUTIES OF THE AUTHORITY

Section 11. Master­plan and master programme

⎯ The Authority shall prepare a master­plan and a phased master­programme for the development of the Capital Site, a n d may prepare a similar plan and programme for the rest of the Specified Areas, and all such plans and programmes shall be submitted to the 1[Federal Government] for approval.

Section 12. Preparation of schemes by local bodies or agencies

⎯ (1) The Authority may, pursuant to the master plan and the master­programme, call upon any local body or agency operating in the Specified Areas to prepare, in consultation with the Authority, a scheme or schemes in respect of matters ordinarily dealt with by such local body or agency, and thereupon the local body or agency shall be responsible for the preparation of the scheme or schemes within a reasonable time.

(2) Such schemes, may relate to⎯

(a) land use, zoning and land reservation;

(b) public buildings;

(c) industry;

(d) transportation and communications; highway, ro ads, streets, r ailways, aerodromes;

(e) tele-communications, including wireless, television, radio, telephone;

(f) utilization of water, power and other natural resources;

(g) community planning, housing, slum clearance, amelioration;

(h) community facilities including water supply, sewerage, drainage, sewage disposal, electricity supply, gas supply and other public utilities;

(i) preservation of ob jects or places of historical or scientific interest or natural beauty.

(3) The 1[Federal Government] may, by notification in the official Gazette, add to, alter or amend the list of subjects given in sub­section (2), and any such addition, alteration or modification shall take effect as if it had been enacted in this Ordinance.

(4) The expenditure incurred on the preparation of any such schemes as aforesaid shall be borne as agreed to between the Authority and the local body or agency, and in the event of disagreement between them as may be determined by the 1[Federal Government].

2[(5) No planning or development scheme shall be prepared by any person or by any local body or agency except with the concurrence of the Authority.]

Section 13. Preparation of schemes by Authority

⎯ The Authority may, pursuant to the master­ programme, itself prepare, when it considers it desirable to do so in the public interest, schemes for the Specified Areas relating to the matters enumerated in sub­section (2) of section 12. _________________________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table.

2Subs. by Act No. XXII of 1966 , s. 3.

Section 14. Manner and form etc., of scheme

⎯ All schemes under section 12 and section 13 shall be prepared in such manner and form as the 1 [Federal Government] may specify, and shall contain among other things the following information, namely:⎯

(a) description of the scheme and the manner of its execution;

(b) estimate of costs and benefits;

(c) allocation of costs to the various purposes to be served by the scheme.

Section 15. Power of the Authority

⎯ (1) Subject to the other provisions of this Ordinance and the rules, the Authority may take such measures and exercise such powers as may be necessary for the carrying out of the purposes of this Ordinance.

(2) Without prejudice to the generality of powers conferred by sub­section (1), the Authority may⎯

(i) acquire any land in the Specified Areas in accordance with the procedure laid down in Chapter IV;

(ii) undertake any works in the Specified Areas in pursuance of any scheme prepared under Section 13;

(iii) incur any expenditure;

(iv) procure plant, machinery, instruments and materials required for its use;

(v) enter into and p erform all such contracts 2[including but not limited to joint ventures, public private partnerships, concession agreements, etc.] as it may consider necessary;

(vi) cause studies, surveys, experiments and technical researches to be made or contribute towards the cost of any such studies, surveys, experiments or technical researches made by any other agency at the request of the Authority;

(vii) issue interim development orders for areas for which a master­plan is under preparation and restrict or prohibit by general or special order any change in the use of land and alteration in buildings, structures and installations;

(viii) cause removal of any works obstructing the execution of its schemes;

(ix) seek and obtain advice and assistance for the preparation of any planning scheme or for the execution of any schemes from any local body or agency and such local body or agency shall give the advice and assistance sought by the Authority to the best of its ability, knowledge and judgment, and the additional expenditure, if any, involved in giving such advice or assistance shall be borne by the Authority.

3[15A * * * * * * * ] _________________________________________________________________________________

1 Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table.

2 Ins. by Act No. IX of 2023 by s.3.

3Omitted by Islamabad Capital Territory Local Govt. Act,2015 (X of 2015), s.132.

Section 16. Borrowing powers

⎯ (1) The Authority may, with the previous approval in writing of the 1[Federal Government], raise funds for the purpose or raising its working capital by issuing bonds and debentures carrying interest at such rates as may be approved by the 1[Federal Government].

(2) The repayment of the principal and the payment of interest due on the bonds and debentures issued by the Authority shall be guaranteed by the 1[Federal Government].

Section 17. Execution of schemes etc., through local bodies and agencies

⎯ (1) The Authority may require a local body or agency within whose jurisdiction any particular area covered by a scheme lies⎯

(a) to execute a scheme in consultation with the Authority;

(b) to take over and maintain any of the works and services in that area;

(c) to enforce regulations, on behalf of the Authority.

(2) The expenditure incurred on the execution of any scheme, or on the taking over or maintenance of any work, or the enforcement of regulations, under this section, shall be borne as may be agreed to between the Authority and the local body or agency, and, in the event of disagreement, as may be determined by the 1[Federal Government].

[2] Section 18. Utilisation of building material

Notwithstanding anything contained in any other law for the time b eing in for ce or in any contract or agreement, no person shall, without the pr ior concurrence of the Authority, allocate, exploit or in any manner utilise, except for the purpose of his own personal use, such natural resources used as building material as the Authority may, by notification in the official Gazette, specify in this behalf.]

Section 19. Amendment of schemes

⎯ Any scheme prepared unde r section 12 or section 13 may at any time be amended or modified⎯

(a) in cases where the amended or modified scheme should exceed the financial powers of the Authority, by the Authority with the previous approval in writing of the 1[Federal Government], and

(b) in other cases, by the Authority 2[.]

2[ * * * * * * ]

Section 20. Removal, etc., of buildings after hearing

― The Authority shall not order or cause any building in the Specified Areas, excluding the Capital Site, to be removed or demolished unless an opportunity of being heard has been given to the owner or occupier thereof, and his objections, if any, h ave been duly considered, and the Authority is satisfied that removal or demolition of the building is essential to the execution of its schemes.

Section 21. Schemes to be executed after calling objections

⎯ The Authority shall not execute or cause to be executed any scheme in the Specified Areas, excluding the Capital Site, unless the persons whose rights and interests are thereby affected have been given a reasonable opportunity to file their ob jection to such execution, and the Authority h as heard such of them as it considers necessary.

__________________________________________________________________________________________ _______

1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.

2Subs. and omitted by Act No XXII of 1966 , ss. 5 and 6 .

CHAPTER IV.⎯ACQUISITION OF LAND

Section 22. Liability to acquisition

⎯ All land within the Specified Areas shall be liable to acquisition at any time in accordance with the provisions of this Chapter.

Section 23. Entry upon land, preliminary survey, etc

⎯ (1) It shall be lawful for the Authority, and any member thereof, and for the Deputy Commissioner, and any such person as may either generally or specially be authorised by the Authority, in this behalf,

(a) to enter upon and survey and take levels of any land;

(b) to dig or bore into the subsoil;

(c) to do all o ther acts necessary to ascertain whether land is adapted for the purposes of this Ordinance;

(d) to set out the boundaries of the land proposed to be acquired and the intended line of the work, if any, proposed to be made thereon;

(e) to mark such levels, boundaries and line by placing marks and cutting trenches; and

(f) where it is necessary for the purposes of the survey, taking of levels or marking of line, to cut down and clear away any part of any standing crop, fence or jungle.

(2) No person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty­four hours' notice in writing of his intention to do so.

Section 24. Compensation for damage

⎯ Where any damage is caused to any land in consequence of anything done in pursuance of section 23, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the provisions hereinafter set out, that is to say,

(a) where the amount of compensation can be fixed by agreement, it shall be fixed in accordance with such agreement; and

(b) where no such agreement can be reached, it shall be fixed by the Deputy Commissioner.

Section 25. Power to acquire land

⎯ (1) Subject to the other provisions of this Ordinance, the rules made thereunder, and the directions of the Authority, the Deputy commissioner may, by order in writing, acquire any land for the purposes of this Ordinance.

(2) No ord er und er sub-section (1) shall be issued except on the receipt by the Deputy Commissioner of specified directions from the Authority.

Section 26. Land to be marked out measured and planned

⎯ Where any land is proposed to be acquired under Section 25, the Deputy Commissioner shall cause the land (unless it has been already marked out) to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same.

Section 27. Notice to persons interested

⎯ (1) The Deputy Commissioner shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the 1[Federal Government] intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.

(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Deputy Commissioner at a time and place therein mentioned (such time not being earlier than ten days after the date of publication of the notice), and to state the nature of their respective interests in the land 2[***] and particulars of their claims to compensation for such interests, and their objections, if any, to the measurements made under section 23, and the Deputy Commissioner may require any such statement to be made in writing and signed by the party or his agent.

(3) The Deputy Commissioner shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested.

Section 28. Enquiry and award of Deputy Commissioner

⎯ 2[(1)] On the day so fixed, or on any other day to which the enquiry has been adjourned, the Deputy Commissioner shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to the notice given under section 27, and into the market value of the land and into the respective interests of the persons claiming the compensation, and shall make an award of⎯

(i) the true area of the land;

(ii) the compensation which in his opinion should be allowed for the land; and

(ii) the apportionment of such compensation among all the persons known or believed to be interested in the land of whom, or of whose claims, he has information, whether or not they have appeared before him.

2[(2) Notwithstanding anything contained in this Ordinance, where land includes a building or build up property, the Deputy Commissioner may issue t wo separate awards one for the land and another for the building or build up property.]

Section 29. Compensation

⎯ where any land is acquired under this Ordinance there shall be paid compensation, 2[in the form of monetary payment, land sharing, or any other form as may be determined by the Authority. The Deputy Commissioner shall announce the award and shall be guided by the provisions of section s 30 and 31].

[2] Section 29A. Rehabilitation and resettlement benefits

⎯ The pending cases for grant of rehabilitation and resettlement benefits in lieu of any award of land and build -up property, pending on the 30th October, 2024 shall be governed and processed in accordance with the provisions of the applicable Reh abilitation Policy in force at the relevant time.]

___________________________________________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order, 1975, Art. II and Table.

2Omitted, re-numbered, added, subs., and ins by Act No. I of 2026, ss. 2, 3, 4 and 5.

Section 30. Matter to be considered in determining compensation

⎯ (1) In determining the 1[**] compensation to be awarded for land acquired under this Ordinance the Deputy Commissioner shall take into consideration,

first, the market value of land 2[on the date of order of its acquisition made under section 25];

secondly, the damage sustained by the person interested, by reason of dispossession of any standing crops or trees which may be on the land; thirdly, the damage, if any sustained by the person interested at the time of taking possession of the land by reason of severing such land from his other land; fourthly, the damage, if any, sustained by the person interested at the time of taking possession of the land by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and; fifthly, if, in consequence of the acquisition of the land the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

(2) In addition to the value of the land determined as aforesaid, the Deputy Commissioner shall in every case award a sum of fifteen per centum on such value in consideration of the compulsory nature of the acquisition.

2[(3) In relation to land acquired on or after the first day of January, 1996, in addition to the value of the land determined as aforesaid, the Deputy Commissioner shall in every case award a sum of twenty per centum on such value in consideration of the compulsory nature of the acquisition.]

1[(4) Where compensation is provided through land sharing, rehabilitation benefits, resettlement benefits, or any other form as determined by the Authority, it shall ensure that the,⎯

(a) allotted land is of equivalent value, utility and accessibility as the acquired land;

(b) rehabilitation and resettlement benefits are provided where required ensuring the restoration of l ivelihood and standard of living; and

(c) compensation package aligns with principles of equity ensuring that affected persons are not placed at a disadvantage due to the acquisition. ]

Section 31. Factors to be ignored in determing compensation

⎯ In determining compensation as aforesaid, the Deputy Commissioner shall not take into consideration⎯

first, the degree of urgency which has led to the acquisition;

secondly, any disinclination of the person interested to part with the land acquired;

thirdly, any damage sustained by him which, if caused by a private person would not render such person liable to a suit;

1Omitted and ins. by Act No. I of 2026, s. 6.

2Added by Act No. III of 1999, s.3.

fourthly, any increase likely to accrue to the value of the land acquired from the use to which such land will be put on acquisition; and

fifthly, any increase likely to accrue to the value of the other land of the person interested from the use to which the land acquired will be put.

Section 32. Vesting of land in the Authority

⎯ Immediately on the making of the award under section 28, the land shall vest in the Authority free from all encumbrances 1[and thereupon the Deputy Commissioner may, after giving reasonable notice to the occupier, enter upon a nd take possession of the same] 2[:]

2[Provided that in case of a separate award for land and the buildings thereon, the land or the building, as the case may be, shall vest in the Authority free from all encumbrances upon the making of the respective award.]

[2] Section 32A. Additional Compensation

⎯ When the compensation is determined under section 29 and sub-sections (3) and (4) of section 30, is not paid, deposited or tendered with the Deputy Commissioner on or before taking possession of the land, the Deputy Commissioner shall, in addition to such compensation, pay additional compensation computed at the rate of eight per centum per annum on such compensation from the time of so taking the possession until it has been so paid or deposited.]

Section 33. Acquisition in cases of urgency

⎯ In cases of urgency, the Deputy Commissioner may immediately after the publication of the notice mentioned in sub section (1) of section 27 enter upon and taken possession of the land which shall thereupon vest absolutely in the 1[Authority] free from all encumbrances:

Provided that the Deputy Commissioner shall not take possession of any building or part of building under this section without giving to the occupier thereof at least twenty-four hours’ notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.

[1] Section 33A. Temporary occupation and use of land

⎯ (1) Where the Authority requires any land for temporary occupation and use for the purposes of this Ordinance for a period not exceeding five years, it may direct the Deputy Commissioner to take possession of the land in accordance with the provisions of this section for such occupation and use.

(2) Upon a direction under sub-section (1) in respect of any land, the Deputy Commissioner shall give the persons having interest in the land notice in writing of his intention to take possession of the same for the purpose and period specified therein calling upon such persons to submit within ten days of the receipt of the notice written statements describing the nature and extent of their interest in such land.

2[(3) The Deputy Commissioner shall, after giving the person having interest in the land an opportunity of being heard, determine the compensation for the temporary occupation and use of the land at the rate at which it was rented during the preceding agricultural year and, if it was not so rented, at such rate as he may consider fair and equitable, and make an award specifying the,⎯

(a) area and description of the land;

1Added, subs. and ins. by Act No. XXII of 1966, ss. 7, 8 and 9.

2Subs. and added by Act No. I of 2026, ss. 7, 8 and 9.

3Added by Act No. III of 1999, s. 4.

(b) purpose and the period for which the land is required;

(c) compensation and shares therein of the persons, if there be more than one, entitled thereto; and

(d) mode of compensation.]

(4) After making an award under sub section (3) in r espect of any land, the Deputy Commissioner may enter upon and take possession of such land for the purpose and the period specified in the notice under sub­section (2).

(5) If it appears that as a result of the occupation and use as aforesaid any land proposed to be taken possession of under this section is likely to be permanently unfit for the use for which it is for the time being used and the owner applies for its acquisition under this Ordinance, the Deputy Commissioner shall report the fact to the Authority and shall, if the Authority so direct,⎯

(a) acquire the land under this Ordinance; or

(b) assess the damage likely to be caused to the land and make an award for reasonable compensation for such damage; or

(c) terminate the proceedings for taking possession of the land.

33B. 1[Compensation] to persons under disability and heirs of deceased persons.⎯ 1[(1) If any person entitled to the compensation under this Ordinance is a minor or of unsound mind or otherwise under a legal disability to receive and administer the compensation t he Deputy. Commissioner may, by order, direct that the compensation shall be made to the person applying for it on behalf of the person entitled thereto, if the Deputy Commissioner, after making such enquiry as he may deem fit, is satisfied that the person so applying is the proper person to receive and administer the compensation for the benefit of the person entitled to compensation.]

(2) Where a person entitled to receive compensation under the Ordinance dies after the making of an award, the Deputy Commissioner may, to provide relief in suitable cases, on the application of the heirs or legal representatives of such person and after holding an enquiry into the title of the applicants, direct, that compensation shall be paid to the applicants on such terms and conditions as the Deputy Commissioner may deem fit to impose.

1[(3) Any compensation provided under sub­section (1) or sub­section (2) shall afford full indemnity to the Authority for the compensation made but shall not affect the liability of the person who has received the compensation to account therefore to the person lawfully entitled thereto.]]

Section 34. Power of Deputy Commissioner to call for information

⎯ With a view to acquiring any land or determining any compensation therefor or to carrying out any other purpose of this Ordinance, the Deputy Commissioner may―

(a) require any person, by order in writing, to furnish such information in his possession relating to any land as may be specified in the order;

(b) enter or authorize any person to enter upon any land and take such action as may be necessary.

1Subs. by Act No. I of 2026, s. 10.

Section 35. Power of Authority to give directions to Deputy Commissioner

⎯ The Authority may give d irection to the Deputy Commissioner as r espects the exercise of his po wers and the discharge of his functions under this Chapter and the Deputy Commissioner shall be guided by, and act in accordance with, such directions.

[1] Section 36. Appeal and review

⎯(1) The Authority or any person aggrieved by an award or final order of the Deputy Commissioner may, within fifteen days of such award or order, appeal to the Commissioner.

(2) The Commissioner may, after giving the Authority and the persons affected by the award or order appealed against an opportunity of submitting any objection to the appeal and of being heard, pass such orders thereon as he may think fit.

(3) The Deputy Commissioner or the Commissioner, either of his own motion or on an application made in this behalf, at any time within five years from the date of an award or order made or passed by himself or by any of his predecessors in office, including an award or order made or passed before the commencement of the Capital Development Authority (Amendment) Act, 1966, may, after giving the parties concerned a notice and an opportunity of being heard, review the award or order and pass such order thereon as he may deem fit:

Provided that an order under this sub­section shall not, except in so far as it corrects an arithmetical, clerical or patent error or mistake in the award or order under review, enhance the amount of compensation 2[, rehabilitation and resettlement] awarded.

(4) Any 2[compensation awarded] to any person which is found, for any reason including fraud or misrepresentation, not to be due or in excess of the amount he is entitled to under the award or order, as reviewed under sub­section (3), shall be recoverable by the Authority and the Deputy Commissioner shall call upon such person to refund it.

(5) Subject to the provision of sub­section (3), the order of the Commissioner passed on any appeal shall be final and shall not be called in question in any court.]

[1] Section 36A. Deputy Commissioner and Commissioner to have powers of civil court, etc

⎯

(1) The Deputy Commissioner making any enquiry, or conducting any proceedings for an award under this Ordinance, or the Commissioner hearing an appeal or holding a review under section 36, shall have the same powers in respect of the following matters as are vested in a civil court, when trying a suit, under the Code of Civil Procedure, 1908 (Act V of 1908), namely:⎯

(a) summoning and enforcing attendance of any person and examining him an oath or affirmation;

(b) requiring the discovery and production of any document;

(c) requisitioning any record from any court or office;

(d) issuing commissions for examination of witnesses, inspection of property or making any local investigations;

(e) appointing guardian ad litem or next friends;

1Subs. and ins. by Act No. XXII of 1966, ss. 10 and 11.

2Ins. and Subs. by Act No. I of 2026, s. 11.

(f) adding or substituting representatives of deceased parties to proceedings ;

(g) adding or dropping parties from pending proceedings ;

(h) restoration of cases dismissed for default ;

(i) consolidating and splitting up cases; and

(j) any o ther matter connected with the holding of an inquiry or h earing of an appeal.

(2) The Deputy Commissioner or the Commissioner exercising powers under this Ordinance shall be deemed to be a court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898), and a proceeding before him shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (XLV of 1860).

Section 36B. Fees on applications

⎯ The Authority may prescribe fees on applications made to it.]

CHAPTER V.⎯ESTABLISHMENT

Section 37. Appointment of officers and servants, etc

⎯ (1) The Authority may, from time to time, appoint such officers, servants, experts or consultants as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit:

Provided that salaried officers and servants whose remuneration exceeds two thousand and five hundr ed rup ees per mensem shall not be appointed except with the previous approval in writing of the 1[Federal Government].

(2) Subject to the proviso to sub­section (1), the Chairman may, in cases of urgency, appoint such officers, servants, experts or consultants and on such terms and conditions as he deems fit:

Provided that every appointment made under this sub­section shall be reported to the Authority without unreasonable delay.

Section 38. Recruitment, conditions of service and disciplinary powers

⎯ The Authority shall lay down the procedure for the appointment of its officers, servants, experts and consultants, and the terms and conditions of their service including the constitution and management of provident fund for them, and shall be competent to take disciplinary action against them.

Section 39. Members, o fficers, experts

public servants.⎯ The Chairman, members, officers, servants, experts and consultants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).

_________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.

Section 40. Indemnity

⎯ No suit, prosecution or other legal pro ceedings shall lie against the Authority, the Chairman, any member, officer, servant, expert or consultant of the Authority in respect of anything done or intended to be done, in good faith under this Ordinance.

Section 41. Delegation of powers to Chairman, etc

The Authority may, by general or special order, delegate to the Chairman, or a member, or an officer of the Authority, any of its powers, duties or functions under this Ordinance, subject to such conditions as it may think fit to impose. _____________

CHAPTER VI.⎯FINANCE

Section 42. Capital Development Authority Fund

⎯ (1) There shall be formed a fund to be known as the “Capital Development Authority Fund” which shall vest in the Authority and shall be utilized by the Authority to meet charges in connection with its functions under this Ordinance including the payment of salaries and other remuneration to the Chairman, members, officers, servants, experts, and consultants of the Authority.

(2) To the credit of Capital Development Authority Fund shall be placed,⎯

(a) grants made by the 1[Federal Government];

(b) loans obtained from the 1[Federal Government];

(c) grants made by local bodies;

(d) sale proceeds of movable and immovable property and r eceipts for services rendered;

(e) loans obtained by the Authority with the special or general sanction of the 1[Federal Government];

(f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or from any other source outside Pakistan, with the sanction of, and on such terms as may be approved b y, the 1[Federal Government]; and

(g) all other sums receivable by the Authority.

Section 43. Budget

⎯ (1) In the month of February each year the Authority shall submit to the 1[Federal Government] for approval a statement of the estimated receipts and expenditure in rupees in respect of the next financial year.

(2) In the manner prescribed by the 1[Federal Government] the Authority shall also submit to the 1[Federal Government] for approval a statement of the estimated receipts and expenditure in foreign exchange in respect of the next financial year.

(3) The Authority shall obtain specific sanction of the 1[Federal Government] in respect of each individual scheme costing rupees twenty­five lacs or more to be financed out of the Capital Development Authority Fund.

1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.

Section 44. Audit and account

⎯ (1) The accounts of the Authority shall be audited by not less than two auditors holding certificates under section 144 of the Companies Act, 1913 (VII of 1913), who shall be appointed by the 1[Federal Government], in consultation with the 1[Auditor General] of Pakistan (hereinafter referred to as the Auditor­General) on such remuneration, to be paid by the Authority, as the 1[Federal Government] may fix, and the Auditor­General shall have the power to give directions to the auditors in regard to the extent and method of their audit subject to the provisions of the Companies Act, and to pr escribe the forms of accounts to be maintained by the Authority consistent with the requirements of this Ordinance.

(2) Notwithstanding the provisions of the preceding sub­section, the Auditor General, may either of his o wn motion or upon a request received in this b ehalf from the 1[Federal Government], undertake such audit of the accounts of the Authority at such time as may be considered necessary, and the Authority shall, at the time of such audit, produce the account books and connected do cuments at such place or places as the Auditor­General may fix, and furnish such explanations and information as the Auditor­General or an officer or officers authorized by him in this behalf may ask for.

(3) Every auditor appointed under sub­section (1) shall be given a copy of annual balance­sheet of the Authority, and shall examine it together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Authority, and shall at all reasonable times have access to the books, accounts and other documents of the Authority, and may in relation to such accounts examine any member or officer of the Authority.

(4) The auditors shall report to the 1[Federal Government] upon the annual balance­sheet and accounts and in their report they shall state whether in their opinion the balance­sheet is a full and fair balance­sheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of the Authority’s affairs, and in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory.

(5) The 1[Federal Government] may at any time issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Authority for the protection of the interests of the 1[Federal Government] and of the creditors of the Authority or upon the sufficiency of their procedure in auditing the affairs of the authority, and may at any time enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditor if in its opinion the public interest so requires.

(6) The Authority shall comply with every direction issued by the 1[Federal Government] for the rectification of matters objected to in audit.

Section 45. Consultation with the Financial Advisor

⎯ Save as provided in the rules or regulations, the Financial Advisor shall be consulted on every proposal of expenditure.

__________________

CHAPTER VII.⎯PENALTY AND PROCEDURE

Section 46. Penalty

⎯ Whoever contravenes any provision of this Ordinance or of any rules or regulations made or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable with imprisonment which may extend to six months or fine or with both.

1Subs. by Federal Adaptation of Laws Order, 1975 Art. II, Table and Sch.

[1] Section 46A. Causing damage to property

⎯ Whoever willfully causes damage or allows damage to be caused to any property which vests in the Authority or unlawfully converts it to his own use or to that of any other person shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 46B. Disobedience of orders

⎯ Whoever, without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Ordinance shall be guilty of an offence punishable under section 46.

Section 46C. Attempts and abetments

⎯ Whoever attempts to commit or abets the commission of an offence punishable under this Ordinance shall be deemed to have committed that offence.

Section 46D. Summary trial of offences

⎯ Any Magistrate or Bench of Magistrates empowered for the time being to try in a summary way the offences specified in sub­section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), may, if such Magistrate or Bench of Magistrates thinks fit, on application being made in this behalf by the prosecution, try any offence punishable under this Ordinance in accordance with the provisions contained in sections 262 to 265 of the said Code.]

Section 47. Cognizance of offences by Courts

⎯ No court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by the Authority or by an officer authorized for the purpose by the Authority.

_____________

CHAPTER VIII.⎯MISCELLANEOUS

Section 48. Submission of Yearly reports and returns, etc

⎯ (1) The Authority shall submit to the 2[Federal Government], as soon as possible after the end of every financial year but before the last day of December next following, a report on the conduct of its affairs for that year.

(2) The 2[Federal Government] may, after giving sufficient notice to the Authority, require it to furnish the Government with⎯

(i) any return, statement, estimate, statistics, or other information on regarding any matter under the control of the Authority, or

(ii) a report on any subject with which the Authority is concerned, or

(iii) a copy of any document in the charge of the Authority; and the Authority shall comply with every such requisition.

Section 49. Power to dispose of land

⎯ The Authority may retain, or may lease, sell, exchange, rent or otherwise dispose of any land vested in it.

[1] Section 49A. Recovery of dues, etc

⎯ Any sum due to the Authority from, or any sum wrongly paid to, any person under this Ordinance shall be recoverable as arrears of land revenue.

_________________________________________________________________________________________________

1Ins. by Act No. XXII of 1966 , ss. 12 and 13.

2Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.

49B. Summary ejectment of unauthorised occupants.⎯ The Deputy Commissioner or any person authorized by him or the Authority in this behalf may, after giving fifteen days notice, summarily eject any person in unauthorised occupation of any land or property vested in the Authority and may, for such ejectment, use such force including police force as may be necessary.

Section 49C. Removal of building, etc., erected or used in contravention of t his Ordinance

⎯(1) If any bu ilding, structure, work or land is erected, constructed or used in contravention of the provisions of this Ordinance or of any rule, regulation or order made thereunder, the Deputy Commissioner, or any person empowered in this behalf by the Authority, may, by order in writing, require the owner, occupier, user or person in control of such building, structure, work or land to remove, demolish or so alter the building, structure or work, or to desist from using or to so use the land, as to be in accordance with the said provisions.

(2) If an order under sub­section (1) in respect of any building, structure, work or land is not complied with within such time as may be specified therein, the Deputy Commissioner, or any person empowered in this behalf by the Authority, may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land and, in so doing, may use such force including police force as may be necessary and may also recover the cost therefor from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions as aforesaid.

Section 49D. Police assistance

⎯ The officer­in­charge of a police­station shall render such police assistance as the Deputy Commissioner may require in the discharge of his functions under this ordinance.

Section 49E. Jurisdiction of courts barred

⎯ Save as otherwise provided by this Ordinance no court or other authority shall have jurisdiction to question the legality of anything done or any action taken under this Ordinance by or at the instance of the Authority.]

[1] Section 49F. Admissibility of document or entry as evidence

⎯ A copy of any receipt, application, plan, notice, order or other document or of any entry in a register, in the possession of the Authority shall, if duly certified by the legal k eeper thereof or other person authorized by the Authority in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original do cument or entry would, if produced, have been admissible to prove such matters.]

2[49G. Ordinance to override other laws . ⎯ he Provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force and such law shall, to the extent of any inconsistency , cease to have effect.]

Section 50. Power to make rules

The 3[Federal Government] may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance:

Provided that no rules shall be made on any of the matters specified in section 38.

__________________________________________________________________________________________________________________

1Ins. by Act No. XVI of 1968 , s. 2.

2Ins. by Act. No IX of 2023, s. 4.

3Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.

[1] Section 51. Power to make regulations

⎯ The Authority may make regulations, not inconsistent with the rules, if any, on all matters for which regulations are necessary or expedient; and such regulations shall be published in the official Gazette.]

Section 52. Dissolution of Authority and transfer of its assets and liabilities to the 2[Federal Government] and other agency determined by that Government

⎯ (1) The 2[Federal Government] may, by notification in the official Gazette, declare that the Authority shall be dissolved on such date as may be specified in such notification, and the Authority shall stand dissolved accordingly.

(2) On and from the said date⎯

(a) (i) all properties, funds and dues placed at the disposal of the Authority by the 2[FederalGovernment] ; and

(ii) all properties, funds and dues exchanged for, derived from, or otherwise attributable to the properties, funds and dues referred to in sub­clause (i), which, immediately before the sai d date, were held by or were realisable by the Authority shall vest in, and be reali sable by, the 2[Federal Government] ;

(b) all properties, funds and dues, other than those referred to in cause (a), which, immediately before the said date, were vested in or were realisable by the Authority shall vest in and be realisable by such agency as the 2[Federal Government] may determine, and its decision thereon shall be final ;

(c) all liabilities which, immediately before the said date, were enforceable against the Authority shall be assumed by and be enforceable against the 2[Federal Government]or such agency as the 2[Federal Government] determines under clause (b), as the case may be;

(d) for the purpose of completing the execution of any scheme which has not been fully executed by the Authority and of realizing properties, funds and dues referred to in clause (a) and (b), the functions of the Authority under this Ordinance shall be discharged by the 2[Federal Government] or by the agency determined by the 2[Federal Government] under clauses (b) and (c), as the case may be; and

(e) the agency referred to in clauses (b), (c) and (d) shall keep such accounts of all moneys respectively received and expended by it under this Ordinance, as the 2[Federal Government] may prescribe.

_________________________________________________________________________________

1Subs. by Act No. XXII of 1966, s. 14.

2Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.

THE SCHEDULE

[See section 2(p)]

LIMITS OF THE CAPITAL SITE

From Triangulation Point 5264 (near Village Nilan Bhotu), Map Ref.191698 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G-/1) north­east along the Rawalpindi tehsil boundary to spot height 4949 Map Ref. 223713 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet 43 G/1); then south­east again along Rawalpindi tehsil boundary to the tehsil boundary and Nala junction at Map Ref. 227707 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.33 G/1); from here south­east along the Nala to the junction in the Nala at Map Ref. 250701 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/1). From this junction south-east across the range of hills and via Village Mangial (Map

Ref. 268696) to Village Karlot Map Ref. 287693 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/1). From Village Karlot south-east along the Nala to Nala and Kurang Nala junction and along Kurang Nala to junction of Kurang Nala and Murree Road near Village Chatter Parao at mile­stone 18 and 6 furlongs, Map Ref. 304685 (Survey of Pakistan map, scale 1 in. to 1 mile sheet No.43 G/1). From here due east across country to the Rawalpindi tehsil boundary at Map Ref. 310683 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/5) and south-east along the tehsil boundary to the junction of the tehsil boundary and Kurang Nala at Map Ref. 315676, then north- east along the Kurang Nala to the junction of the nala and tehsil boundary at Map Ref. 327678 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/5). From this junction south­east across country via spot height 2954 Map Ref. 345664 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/5) across the range south­east to spot height 2276 Map Ref. 358655 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/5 ), located near Rawalpindi tehsil boundary then south­east along the Rawalpindi tehsil boundary to junction of boundary and Gumrah Kas at Map Ref. 369636 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/6). From this junction south­east across country to Village Sambli Tijal on the River Soan, Map Ref. 405615; then along River Soan and Rawalpindi tehsil boundary east up to Map Ref. 457595 (bend in the boundary) and south­west again along tehsil boundary to a point at Map Ref. 424541 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/6) 400 yards south of the Lehtrar Road. Then west along a line parallel to Lehtrar Road (400 yards south of the road ) to a point on Malal Nala at Map Ref. 302523 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No. 43 G-/2). Then south­west along the Malal Kas to junction Malal Kas and River Kurang Map Ref. 225455 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2). From here north­ west along River Kurang to the junction of River Kurang and Nala at Map Ref. 172528 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2); then north­west along this Nala via Village Sohan Map Ref. 166528 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2) to the junction of Nala and Muree Road near Milestone 6, map Ref. 154537 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2); from this junction south-west across country to the bend in Lei Nala (near village Narala) at Map Ref. 138530 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2). Then south­west along Lei Nala to junction of Lei Nala and Bedara wali Kas, Map Ref. 119510 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2). Then south along Leh Nala to a point map Ref. 117479 being junction of Leh Nala and a tributary (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No. 43 G/2.) Then north­west and west to the source of this tributary near a point map Ref. 047477 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 C/14); from this point north­west along the Kutcha road to the junction of this Kutcha road a and track at Map Ref. 044480 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43, C/14). From here, south-west across country to a point 100 yards west of G.T.Road, Map Ref. 040478 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 C/14); then north­west along a line parallel to the G. T. Road, and at a distance of 100 yards from it to Nicholson Monument at map. Ref. 884568 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 C/14). Then east along the ridge of

Maragala Range via spot heights 2613, 2981, 3371 and 3338 to triangulation point height 3352 map

Ref. 979604 on the boundary line of districts Hazara and Rawalpindi (Survey of Pakistan map, scale 1 in to 1 mile, sheet No.43 C/14). Then east along this boundary line back to the starting point triangulation height 5264.

LIMITS OF THE SPECIFIED AREAS

Starting from a point, map reference 534125 (sheet 43 F/8, 1 in. to 1 mile map of G.T.S.) nearly 2 miles North of Kohala on Azad Kashmir 1[Pakistan] border running south along River Jhelum (boundary of Azad Kashmir and 1[Pakistan] up to a point, Map, Ref. 641678 (sheet 43 G/9) being the junction of boundaries of Murree Tehsil, Kahuta Tehsil and Azad Kashmir. Then along the southern boundary of Murree Tehsil up to junction of Khad Nala and Murree Tehsil boundary Map Ref. 568699 (sheet 43 G/9). Then south­west along Khad Nala to a point Map Ref. 504608 (sheet 43 G/6) being the junction of Khad Nala and a Tributary. Then south­east along the tributary via Village Lehtrar Nala to Nala and track junction at map reference 518594 (sheet 43 G/6). Then along this track via village Marhiman south­west to the track and a nala junction at map reference 506571 (sheet 43 G/6). Then south­west along this Nala via Village Jambhiri and Pihar to this Nala and River Ling junction at map reference 463483 (sheet 43 G/6). From here south­west along River Ling to the junction of Rawalpindi Tehsil boundary and River Ling at map reference 369382 (sheet 43 G/6). Then along eastern, southern and western boundary of Rawalpindi Tehsil up to bend at map reference 910683 (sheet 43 C/13), about a mile south of Village Salargah. Then follow along River Harro north east up to a point map Ref. 168810 (sheet 43 G/1) near spot height 2518, which is the junction of River Harro and boundary line of Haripur and Abbottabad Tehsils of Hazara District. Then along southern boundary of Abbottabad Tehsil of Hazara District up to point map reference 253833 (sheet 43 G/1) at the intersection of Abbottabad Tehsil boundary and River Karral Harroo; along River Karral Harro due north­east to point map reference 344933 (sheet 43 G/5) being junction of Karral, Harro and Samundar Katha near spot height 3730 and then along Samundar Katha. Stream up to point Map Ref. 381017 (sheet 43 F/8) on junction of Samundar Katha Stream and boundary line between Villages Tatrila and Nagribala of Tehsil Abbottabad. Then running along the boundary line between Villages Tatrila and Nagribala (near spot height 7799 ), Bagh and Nagribala, Bagnotar and Bara Gali, Namli Mira, Phalkot and Bakot and Mulia and Bakot including Villages Nagribala, Bara Gali, Namli Mira and Bakot back to the starting point map reference 534125 (sheet 43 F/8).

Dated. 12-01-2026

_________________________________________________________________________________________________________________

1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Sch.

Print contents from the source
CONTENTS 
 
 
CHAPTER I. ⎯PRELIMINARY 
 
1.                Short title, extent and commencement  
2.                Definition  
3.                Declaration of Capital Site  
CHAPTER II. ⎯ CONSTITUTION OF THE AUTHORITY  
4.                Constitution of the Authority  
5.                Management  
6.                Constitution of the Board  
7.                Remuneration and conditions of service  
8.                Disqualification of the members  
9.                Duties and functions of Chairman and other members  
10.              Headquarters of the Authority and meetings of the Board  
CHAPTER III. ⎯ POWERS AND DUTIES OF THE AUTHORITY 
 
11.              Master-plan and master-programme  
12.              Preparation of schemes by local bodies or agencies  
13.              Preparation of schemes by Authority  
14.              Manner and form, etc., of scheme  
15.              Power of the Authority  
15A.          Omitted  
16.              Borrowing powers  
17.              Execution of schemes etc., through local bodies and agencies  
18.              Utilization of building material 
 

 
Page 2 of 24 
 
 
19.              Amendment of schemes  
20.              Removal, etc., of buildings after hearing  
21.              Schemes to be executed after calling objections  
CHAPTER IV. ⎯ ACQUISITION OF LAND 
 
22.              Liability to acquisition  
23.              Entry upon land, preliminary survey, etc.  
24.              Compensation for damage  
25.              Power to acquire land  
26.              Land to be marked out, measured and planned  
27.              Notice to persons interested  
28.              Enquiry and award of Deputy Commissioner  
29.              Compensation 
 
29A.         Rehabilitation and resettlement benefits   
30.              Matter to be considered in determining compensation  
31.              Factors to be ignored in determing compensation  
32.              Vesting of land in the Authority  
32A.           Additional Compensation   
33.              Acquisition in cases of urgency  
33A.           Temporary occupation and use of land 
 
33B.           Payment of compensation to persons under disability and heirs of deceased persons 
 
34.              Power of Deputy Commissioner to call for information  
35.              Power of Authority to give directions to Deputy Commissioner  
36.              Appeal and review  
36A.          Deputy Commissioner and Commissioner to have powers of Civil Court, etc.  
36B.          Fees on applications  
CHAPTER V. ⎯ ESTABLISHMENT  
37.              Appointment of officers and servants, etc.  
38.              Recruitment, conditions of service and disciplinary powers  
39.              Members, officers, experts-public servants  
40.              Indemnity  
41.              Delegation of powers to Chairman, etc.  
 
Page 3 of 24 
 
CHAPTER VI.⎯ FINANCE  
42.              Capital Development Authority Fund  
43.              Budget  
44.              Audit and account  
45.              Consultation with the Financial Advisor  
CHAPTER VII.⎯ PENALTY AND PROCEDURE  
46.              Penalty  
46A.          Causing damage to property  
46B.          Disobedience of orders  
46C.          Attempts and abetments  
46D.          Summary trial of offences  
47.              Cognizance of offences by Courts  
CHAPTER VIII. ⎯ MISCELLANEOUS  
48.              Submission of Yearly reports and returns, etc.  
49.              Power to dispose of land  
49A.          Recovery of dues, etc.  
49B.          Summary ejectment of unauthorized occupants  
49C.          Removal of building, etc., erected or used in contravention of this Ordinance  
49D.          Police assistance  
49E.          Jurisdiction of Courts barred  
49F.           Admissibility of document or entry as evidence  
50.              Power to make rules  
51.              Power to make regulations 
 
52. Dissolution of Authority and transfer of its assets and liabilities to the Federal           
Government and other agency determined by that Government  
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 47aa3a007771432a16e5ddc798f1a22a61889098e018d3a5b8971b71b3a77be9.

Page 1 of 24 
 
 
 
THE CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 
1960 
 
 
 
 
 
 
                                                                           CONTENTS 
 
 
CHAPTER I. ⎯PRELIMINARY 
 
1.                Short title, extent and commencement  
2.                Definition  
3.                Declaration of Capital Site  
CHAPTER II. ⎯ CONSTITUTION OF THE AUTHORITY  
4.                Constitution of the Authority  
5.                Management  
6.                Constitution of the Board  
7.                Remuneration and conditions of service  
8.                Disqualification of the members  
9.                Duties and functions of Chairman and other members  
10.              Headquarters of the Authority and meetings of the Board  
CHAPTER III. ⎯ POWERS AND DUTIES OF THE AUTHORITY 
 
11.              Master-plan and master-programme  
12.              Preparation of schemes by local bodies or agencies  
13.              Preparation of schemes by Authority  
14.              Manner and form, etc., of scheme  
15.              Power of the Authority  
15A.          Omitted  
16.              Borrowing powers  
17.              Execution of schemes etc., through local bodies and agencies  
18.              Utilization of building material 
 

 
Page 2 of 24 
 
 
19.              Amendment of schemes  
20.              Removal, etc., of buildings after hearing  
21.              Schemes to be executed after calling objections  
CHAPTER IV. ⎯ ACQUISITION OF LAND 
 
22.              Liability to acquisition  
23.              Entry upon land, preliminary survey, etc.  
24.              Compensation for damage  
25.              Power to acquire land  
26.              Land to be marked out, measured and planned  
27.              Notice to persons interested  
28.              Enquiry and award of Deputy Commissioner  
29.              Compensation 
 
29A.         Rehabilitation and resettlement benefits   
30.              Matter to be considered in determining compensation  
31.              Factors to be ignored in determing compensation  
32.              Vesting of land in the Authority  
32A.           Additional Compensation   
33.              Acquisition in cases of urgency  
33A.           Temporary occupation and use of land 
 
33B.           Payment of compensation to persons under disability and heirs of deceased persons 
 
34.              Power of Deputy Commissioner to call for information  
35.              Power of Authority to give directions to Deputy Commissioner  
36.              Appeal and review  
36A.          Deputy Commissioner and Commissioner to have powers of Civil Court, etc.  
36B.          Fees on applications  
CHAPTER V. ⎯ ESTABLISHMENT  
37.              Appointment of officers and servants, etc.  
38.              Recruitment, conditions of service and disciplinary powers  
39.              Members, officers, experts-public servants  
40.              Indemnity  
41.              Delegation of powers to Chairman, etc.  
 
Page 3 of 24 
 
CHAPTER VI.⎯ FINANCE  
42.              Capital Development Authority Fund  
43.              Budget  
44.              Audit and account  
45.              Consultation with the Financial Advisor  
CHAPTER VII.⎯ PENALTY AND PROCEDURE  
46.              Penalty  
46A.          Causing damage to property  
46B.          Disobedience of orders  
46C.          Attempts and abetments  
46D.          Summary trial of offences  
47.              Cognizance of offences by Courts  
CHAPTER VIII. ⎯ MISCELLANEOUS  
48.              Submission of Yearly reports and returns, etc.  
49.              Power to dispose of land  
49A.          Recovery of dues, etc.  
49B.          Summary ejectment of unauthorized occupants  
49C.          Removal of building, etc., erected or used in contravention of this Ordinance  
49D.          Police assistance  
49E.          Jurisdiction of Courts barred  
49F.           Admissibility of document or entry as evidence  
50.              Power to make rules  
51.              Power to make regulations 
 
52. Dissolution of Authority and transfer of its assets and liabilities to the Federal           
Government and other agency determined by that Government  
THE SCHEDULE 
 
 
 
 
 
 
 
 
 
 
Page 4 of 24 
 
THE CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960. 
(ORDINANCE NO. XXIII OF 1960) 
 
[27th June, 1960] 
 
An Ordinance to establish a Capital Development Authority. 
 
WHEREAS it is expedient to establish a Capital Development Authority for making all 
arrangements for the planning and development of Islamabad within the frame­work of a regional 
development plan; 
 
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, 
and in exercise of all powers enabling him in that behalf, the President is pleased to make and 
promulgate the following Ordinance:⎯ 
 
CHAPTER I.⎯ PRELIMINARY 
 
1. Short title, extent and  commencement.⎯ (1)This Ordinance may be called the Capital 
Development Authority Ordinance, 1960. 
 
(2) It extends to the Specified Areas. 
 
(3) It shall come into force at once. 
 
2. Definitions.⎯ In this Ordinance, un less there is anything repugnant in the subject or 
context,⎯ 
(a)  “agency” means any department or organization of the 1[Federal] or Provincial 
Government and includes a  corporation, or other autonomous or  
semi­autonomous body set up by the 1[Federal] or Provincial Government; 
(b)  “Authority” means the Capital Development Authority established und er 
section 4; 
(c)  “Board” means the Board constituted under section 6; 
(d)  “building” includes any factory, industrial or  business establishment, shop, 
godown, warehouse, house, outhouse, hut, hutment, shed, garrage, stable, well 
or platform, and any o ther structure, whether  meant  for  r esidential or  
business purposes or  not,  made  of masonry, bricks, wood, mud, thatch, metal 
or any other material, but does not include a temporary structure made for 
purposes connected with agriculture; 
(e)  “Capital Site” means the part or parts of the Specified Areas declared to be 
the site for the Pakistan Capital under section 3; 
(f)  “Chairman” means the Chairman of the Authority; 
 
_________________________________________________________________________________ 
1Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table. 
 
Page 5 of 24 
 
(g)  “Commissioner” means the Commissioner of the Division concerned, and 
includes any other officer appointed by the Authority to exercise the powers 
of the Commissioner under this Ordinance; 
(h)  “Deputy Commissioner” means the Deputy Commissioner of the District 
concerned, and includes any other officer appointed by the Authority to 
exercise all or any of the powers and discharge all or any of the functions of 
the Deputy Commissioner under this Ordinance; 
(i)  “land” includes buildings and benefits arising out of land and things attached 
to the earth or permanently fastened to anything attached to the earth; 
(j)  “local body” means 1[the local body,] the local council or the municipal body 
as defined in clauses (23) 1[,(24)] and (27) of Article 3 of the Basic  
Democracies Order, 1959, (P.O. 18 of 1959), or the Cantonment Board, having 
jurisdiction in the area concerned, and includes an Improvement Trust within 
such area; 
2[(k)  “market value” means,⎯ 
 
(i)  in relation to land acquired before the first day of January, 1968, the 
average market v alue thereof prevailing during the period 
commencing the first day of January, 1954, and ending on the thirty 
first day of December, 1958; 3[*] 
 
(ii)  in relation to land acquired on or after the first day of January, 1968, the 
aggregate of the average market value as aforesaid determined with 
reference to its classification r ecorded in the Register of Haqdaran  
Zamin as in force on that day and twenty-five per cent of such value 3[; 
and] 
 
3[(iii)  in relation to land acquired on or after the first day of January, 1996, the 
market v alue as  may  be  determined  in  accordance  with  the  
provisions  of  the  Land Acquisition Act, 1894 as applicable in  the 
Province of the Punjab.] 
 
(l)  “Member” means a member of the Authority; 
 
(m)  “regulations” means regulations made under this Ordinance; 
 
(n)  “rules” means rules made under this Ordinance; 
 
(o)  “scheme” means a planning scheme or a development scheme made under this 
Ordinance; 
 
(p)  “Specified Areas” means the areas specified in the Schedule, and such other 
area or areas as may from time to time be included therein by the 4[Federal 
Government] by notification in the official Gazette; 
 
(q)  “Vice­Chairman” means the Vice Chairman of the Authority.” 
 
________________________________________________________________________________________________________________________________________________________________ 
1Ins. by Act No. XXII of 1966 , s. 2. 
2Subs. by Act No. VII  of 1968 , s. 2. 
3Omitted, subs. & added by Act No. III of 1999 , s. 2. 
4Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table. 
 
Page 6 of 24 
 
3. Declaration  of Capital  Site.⎯ (1) The 1 [Federal Government] may, from time to 
time, by notification in the official Gazette, declare any part or parts of the Specified Areas 
to be the site for the Pakistan Capital. 
 
(2) Notwithstanding anything contained in this Ordinance or in any other law any such 
notification as aforesaid may be made so as to be retrospective to any day not earlier than the first 
day of June,1959, and where a notification is so made, the provisions of  the Ordinance shall, in so far 
as they affect the Capital Site, apply  as if this Ordinance were promulgated on the day to which the 
notification is made retrospective. 
_____________ 
CHAPTER II.⎯ CONSTITUTION OF THE AUTHORITY 
 
4. Constitution of the Authority.⎯ (1) There shall be established an authority to be known 
as the Capital Development Authority for carrying out the  purposes of this Ordinance. 
 
(2) The Authority shall be a body corporate, having perpetual succession and a common 
seal, with power, subject to the provisions of  this Ordinance, to acquire and hold property, both 
movable and immovable, and shall by the said name sue and be sued. 
 
5. Management.⎯ (1) The general direction and administration of the Authority and its 
affairs shall vest in the Board which may exercise all powers and do all acts and things which may be 
exercised or done by the Authority. 
 
(2) The Board in discharging its functions shall act on sound principles of development, town 
planning and housing, and shall be guided on questions of policy by such directions as the 1[Federal 
Government] may from time to time give. 
 
(3) If any question arises as to whether any matter is a matter of policy or not the decision of 
the 1[Federal Government] shall be final. 
 
6. Constitution of the Board.⎯ (1) The Board shall consist of not less than three members, 
to be appointed by the 1[Federal Government]. 
 
(2) The 1 [Federal Government] shall appoint a Chairman, a Vice Chairman and a 
Financial Advisor from amongst the members. 
 
(3) The Chairman and other members shall hold office during the pleasure of the 1[Federal 
Government] and unless sooner removed the Chairman and the Financial Adviser shall hold office for 
a period of five years and other members shall hold office for a period of four years. 
 
(4) Any person ceasing to be Chairman, Vice Chairman or member of the Board, by reason 
of the expiry of the term of his office, shall be eligible for reappointment for another term or for such 
shorter term as the 1[Federal Government] may decide. 
 
(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence 
of any vacancy in, or any defect in the constitution of the Board. 
 
 
________________________________________________________________________________________________  
1Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table. 
 
 
Page 7 of 24 
 
(6) The Chairman or any member may at any time resign: 
 
Provided that his resignation shall not take effect until accepted by the 1[Federal 
Government]. 
 
7. Remuneration and conditions of service. The Chairman and each member shall receive 
such salary and allowances and shall be subject to such conditions of service as may be determined 
by the 1[Federal Government]. 
 
8. Disqualification of the members . No person shall be or shall continue to be a 
member who⎯ 
 
(a)  is or, at any time, has been, convicted of an offence involving moral turpitude; or 
 
(b)  is or, at any time, has been adjudicated insolvent; or 
 
(c)  is found to be a lunatic or of unsound mind ;or 
 
(d)  is a minor; or 
 
(e)  has a  financial interest  in any scheme  or a  conflicting interest  directly or 
indirectly between his interests as a member and his private interests and has 
failed to  disclose such interest in writing to the 1[Federal Government]; 
 
2[(f)  *  *  *  *  *  *  * ] 
 
9.   Duties and functions  of  Chairman and other  members.⎯(1) The Chairman and 
other members shall discharge such  duties and perform such functions as are assigned to them by or 
under this Ordinance. 
 
(2) Until the Board is duly constituted, the Chairman   shall, subject to such directions as 
the 1[Federal Government] may from time to time give, exercise the powers, discharge the duties 
and perform the functions of the Board. 
 
(3) The Vice­Chairman shall have such powers, duties and functions as may be delegated to 
him by the Chairman. 
 
10. Headquarters of the Authority and m e e t i n g s of  the Bo ard .⎯ (1) Until the 
Authority establishes its headquarters elsewhere within the Specified Areas, its headquarters shall be 
situated at Rawalpindi. 
 
(2) The meetings of the Board shall be held at such times and places and in such manner as 
the regulations may provide; 
 
Provided that until regulations are made in this behalf, the meetings of the Board shall 
be held as and when convened by the Chairman. 
_________________________________________________________________________________________________  
1Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table. 
2Omitted by Act. No IX of 2023 s. 2. 
 
 
 
Page 8 of 24 
 
CHAPTER III.⎯ POWERS AND DUTIES OF THE AUTHORITY 
 
11. Master­plan and master programme.⎯  The Authority shall prepare a master­plan 
and a phased master­programme for the development of the Capital Site, a n d may prepare a similar 
plan and programme   for the rest of the Specified Areas, and all such plans and programmes shall 
be submitted to the 1[Federal Government] for approval. 
 
12. Preparation of schemes by local bodies or agencies.⎯ (1) The Authority may, 
pursuant to the master plan and the master­programme, call upon any local body or agency operating 
in the Specified Areas to prepare, in consultation with the Authority, a scheme or schemes in respect 
of matters ordinarily dealt with by such local body or agency, and thereupon the local body or agency 
shall be responsible for the preparation of the scheme or schemes within a reasonable time. 
 
(2) Such schemes, may relate to⎯ 
 
(a)  land use, zoning and land reservation; 
 
(b)  public buildings; 
 
(c)  industry; 
 
(d)  transportation and communications; highway, ro ads, streets, r ailways, 
aerodromes; 
 
(e)  tele-communications, including wireless, television, radio, telephone; 
 
(f)  utilization of water, power and other natural resources; 
 
(g)  community planning, housing, slum clearance, amelioration; 
 
(h)   community  facilities  including  water  supply,  sewerage,  drainage,  sewage  
disposal, electricity supply, gas supply and other public utilities; 
 
(i) preservation of ob jects or places of historical or scientific interest or natural 
beauty. 
 
(3) The 1[Federal Government] may, by notification in the official Gazette, add to, alter or 
amend the list of subjects given in sub­section (2), and any such addition, alteration or 
modification shall take effect as if it had been enacted in this Ordinance. 
 
(4) The expenditure incurred on the preparation of any such schemes as aforesaid shall be 
borne as agreed to between the Authority and the local body  or agency, and in the event of 
disagreement between them as may be determined by the 1[Federal Government]. 
 
2[(5) No planning or development scheme shall be prepared by any person or by any local 
body or agency except with the concurrence of the Authority.] 
 
13. Preparation of schemes by Authority.⎯ The Authority may, pursuant to the master­ 
programme, itself prepare, when it considers it desirable to do so in the public interest, schemes 
for the Specified Areas relating to the matters enumerated in sub­section (2) of section 12. 
_________________________________________________________________________________________________  
1Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table. 
2Subs. by Act No. XXII  of 1966 , s. 3. 
 
Page 9 of 24 
 
14.  Manner and  form etc., of scheme.⎯ All schemes under section 12 and section 13 
shall be prepared in such manner and form as the 1 [Federal Government] may specify, and shall 
contain among other things the following information, namely:⎯ 
 
(a)  description of the scheme and the manner of its execution; 
 
(b)  estimate of costs and benefits; 
 
(c)  allocation of costs to the various purposes to be served by the scheme. 
 
15.    Power  of the Authority.⎯ (1) Subject to the other provisions of this Ordinance 
and the rules, the Authority may take such measures and exercise such powers as may be necessary 
for the carrying out of the purposes of this Ordinance. 
 
(2) Without prejudice to the generality of powers conferred by sub­section (1), the 
Authority may⎯ 
 
(i)  acquire any land  in the Specified Areas in accordance with the procedure 
laid down in Chapter IV; 
 
(ii)  undertake any works in the Specified Areas in pursuance of any scheme 
prepared under Section 13; 
 
(iii)  incur any expenditure; 
 
(iv)  procure plant, machinery, instruments and materials required for its use; 
 
(v)  enter into and p erform all such contracts 2[including but not limited to joint 
ventures, public private partnerships, concession agreements, etc.]  as it may 
consider necessary; 
 
(vi)  cause studies, surveys, experiments and technical researches to be made or 
contribute towards the cost of any such studies, surveys, experiments or 
technical researches made by any other agency at the request of the Authority; 
 
(vii)  issue interim development orders for areas for which a master­plan is under 
preparation and restrict or prohibit by general or special order any change in 
the use of land and alteration in buildings, structures and installations; 
 
(viii)  cause removal of any works obstructing the execution of its schemes; 
 
(ix)  seek and obtain advice and assistance for the preparation of any planning 
scheme or for the execution of any schemes from any local body or agency 
and such local body or agency shall give the advice and assistance sought by 
the Authority to the best of its ability, knowledge and judgment, and the 
additional expenditure, if any, involved in giving such advice or assistance shall 
be borne by the Authority. 
 
 
3[15A  * * * * * * * ] 
_________________________________________________________________________________ 
1 Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table. 
2 Ins. by Act No. IX of 2023 by s.3. 
3Omitted by  Islamabad Capital Territory  Local  Govt. Act,2015 (X of 2015), s.132.  
 
Page 10 of 24 
 
16. Borrowing powers.⎯  (1) The Authority may, with the previous approval in writing 
of the 1[Federal Government], raise funds for the purpose or raising its working capital by issuing 
bonds and debentures carrying interest at such rates as may be approved by the 1[Federal Government]. 
 
(2) The repayment of the principal and the payment of interest due on the bonds and 
debentures issued by the Authority shall be guaranteed by the 1[Federal Government].
 
17. Execution of schemes etc., through local bodies and agencies .⎯ (1)    The Authority 
may require a local body or agency within whose jurisdiction any particular area covered by a 
scheme lies⎯ 
 
(a)  to execute a scheme in consultation with the Authority; 
 
(b)  to take over and maintain any of the works and services in that area; 
 
(c)  to enforce regulations, on behalf of the Authority. 
 
(2)  The expenditure  incurred  on  the  execution  of  any  scheme,  or  on  the  taking over  or 
maintenance of any work, or the enforcement of  regulations, under this section, shall be borne as 
may  be  agreed  to  between  the  Authority  and  the  local body  or  agency,  and,  in  the  event  of 
disagreement, as may be determined by the 1[Federal Government]. 
 
2[18. Utilisation of building material. Notwithstanding anything contained in any other law 
for the time b eing in for ce or in any contract or agreement, no person shall, without the pr ior 
concurrence of the Authority, allocate, exploit or in any manner utilise, except for the purpose of his 
own personal use, such natural resources used as building material as the Authority may, by 
notification in the official Gazette, specify in this behalf.] 
 
19. Amendment of schemes. ⎯ Any scheme prepared unde r section 12 or section 13 may at 
any time be amended or modified⎯ 
 
(a) in cases where the amended or modified scheme should exceed the financial 
powers of the Authority, by the Authority with the previous approval in writing 
of the 1[Federal Government], and 
 
(b) in other cases, by the Authority  2[.] 
 
2[ *                     *                      *                      *                      *                      *   ]              
 
20. Removal, etc., of buildings after hearing. ― The Authority shall not order or cause 
any building in the Specified Areas, excluding the Capital Site, to be removed or demolished unless 
an opportunity of being heard has been given to the owner or occupier thereof, and his objections, if 
any, h ave been duly considered, and the Authority is satisfied that removal or demolition of the 
building is essential to the execution of its schemes. 
 
21. Schemes to be executed after calling objections.⎯ The Authority shall not execute 
or cause to be executed any scheme in the Specified Areas, excluding the Capital Site, unless the 
persons whose rights and interests are thereby affected have been given a reasonable opportunity to 
file their ob jection to such execution, and the Authority h as heard such of them as it considers 
necessary. 
 
__________________________________________________________________________________________ _______ 
1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table. 
2Subs. and omitted by Act No XXII of 1966 , ss. 5 and 6 . 
 
Page 11 of 24 
 
CHAPTER IV.⎯ACQUISITION OF LAND 
 
22. Liability to  acquisition.⎯ All land within the Specified Areas shall be liable to 
acquisition at any time in accordance with the provisions of this Chapter. 
 
23. Entry upon land, preliminary survey, etc.⎯ (1) It shall be lawful for the Authority, 
and any member thereof, and for the Deputy Commissioner, and any such person as may either 
generally or specially be authorised by the Authority, in this behalf, 
 
(a)  to enter upon and survey and take levels of any land; 
 
(b)  to dig or bore into the subsoil; 
 
(c)  to do all o ther acts necessary to ascertain whether land is adapted for the 
purposes of this Ordinance; 
 
(d)  to set out the boundaries of the land proposed to be acquired and the intended 
line of the work, if any, proposed to be made thereon; 
 
(e)  to mark such levels, boundaries and line by placing marks and cutting trenches; 
and 
 
(f)  where it is necessary for the purposes of the survey, taking of levels or marking 
of line, to cut down and clear away any part of any standing crop, fence or 
jungle. 
 
(2) No person shall enter into any building or upon any enclosed court or garden attached to a 
dwelling house (unless with the consent of the occupier thereof) without previously giving such 
occupier at least twenty­four hours' notice in writing of his intention to do so. 
 
24. Compensation for damage.⎯ Where any damage   is caused to any land in consequence 
of anything done in pursuance of section 23, there shall be paid compensation, the amount of which 
shall be determined in the manner and in accordance with the provisions hereinafter set out, that is to 
say, 
 
(a)   where the amount of compensation can be fixed by agreement, it shall be fixed 
in accordance with such agreement; and 
(b)  where no such agreement can be  reached, it shall be fixed by the Deputy 
Commissioner. 
 
25. Power to acquire land.⎯ (1) Subject to the other provisions of this Ordinance, the 
rules made thereunder, and the directions of the Authority, the Deputy commissioner may, by 
order in writing, acquire any land for the purposes of this Ordinance. 
 
(2)  No ord er und er sub-section (1) shall be issued except on the receipt by the Deputy 
Commissioner of specified directions from the Authority. 
 
26. Land to be marked out measured and planned.⎯ Where any land is proposed to be 
acquired under Section 25, the Deputy Commissioner shall cause the land (unless it has been already 
marked out) to be marked out and measured, and if no plan has been made thereof, a plan to be made 
of the same.  
 
 
Page 12 of 24 
 
27. Notice to persons interested.⎯ (1) The Deputy Commissioner shall then cause 
public notice to be given at convenient places on or near the land to be taken, stating that the 1[Federal 
Government] intends to take possession of the land, and that claims to compensation for all interests 
in such land may be made to him. 
 
(2) Such notice shall state the particulars of the land so needed, and shall require all persons 
interested in the land to appear personally or by agent before the Deputy Commissioner at a time and 
place therein mentioned (such time not being earlier than ten days after the date of publication of the 
notice), and to state the nature of their respective interests in the land 2[***] and particulars of their 
claims to compensation for such interests, and their objections, if any, to the measurements made under 
section 23, and the Deputy Commissioner may require any such statement to be made in writing 
and signed by the party or his agent. 
 
(3) The Deputy Commissioner shall also serve notice to the same effect on the occupier, if 
any, of such land and on all such persons known or believed to be interested therein, or to be entitled 
to act for persons so interested. 
 
 
28. Enquiry and award of Deputy Commissioner.⎯ 2[(1)] On the day so fixed, or on 
any other day to which the enquiry has been adjourned, the Deputy Commissioner shall proceed to 
enquire into the objections, if any, which any person interested has stated pursuant to the notice 
given under section 27, and into the market value of the land and into the respective interests of the 
persons claiming the compensation, and shall make an award of⎯ 
 
(i)  the true area of the land; 
 
(ii)  the compensation which in his opinion should be allowed for the land; and 
 
(ii) the apportionment of such compensation among all the persons known or 
believed to be interested in the land of whom, or of whose claims, he has 
information, whether or not they have appeared before him. 
 
2[(2) Notwithstanding anything contained in this Ordinance, where land includes a building or 
build up property, the Deputy Commissioner may issue t wo separate awards one for the land and 
another for the building or build up property.]    
 
29. Compensation.⎯ where any land is acquired under this Ordinance there shall be paid 
compensation, 2[in the form of monetary payment, land sharing, or any other form as may be 
determined by the Authority. The Deputy Commissioner shall announce the award and shall be 
guided by the provisions of section s 30 and 31]. 
 
2[29A. Rehabilitation and resettlement benefits.⎯ The pending cases for grant of 
rehabilitation and resettlement benefits in lieu of any award of land and build -up property, pending 
on the 30th October, 2024 shall be governed and processed in accordance with the provisions of 
the applicable Reh abilitation Policy in force at the relevant time.]   
 
 
 
 
___________________________________________________________________________________________________________________ 
  1Subs. by Federal Adaptation of Laws Order, 1975, Art. II and Table. 
 2Omitted, re-numbered, added, subs., and ins by Act No. I of 2026, ss. 2, 3, 4 and 5. 
 
 
 
Page 13 of 24 
 
30. Matter to be considered in determining compensation.⎯ (1) In determining the 
1[**] compensation to be awarded for land acquired under this Ordinance the Deputy Commissioner 
shall take into consideration,  
 
first,  the market value of land 2[on the date of order of its acquisition made under 
section 25];   
 
secondly,  the damage sustained by the person interested, by reason of dispossession of 
any standing crops or trees which may be on the land;  
thirdly,  the damage, if any sustained by the person interested at the time of taking 
possession of the land by reason of severing such land from his other land;  
fourthly,  the damage, if any, sustained by the person interested at the time of taking 
possession of the land by reason of the acquisition injuriously affecting his other 
property, movable or immovable, in any other manner, or his earnings; and;  
fifthly,  if, in consequence of the acquisition of the land the person interested is 
compelled to change his residence or place of business, the reasonable expenses, 
if any, incidental to such change. 
 
(2) In addition to the value of the land determined as aforesaid, the Deputy Commissioner shall 
in every case award a sum of fifteen per centum on such value   in consideration of the compulsory 
nature of the acquisition. 
 
2[(3) In relation to land acquired on or after the first day of January, 1996, in addition to 
the value of the land determined as aforesaid, the Deputy Commissioner shall in every case award a 
sum of twenty per centum on such value in consideration of the compulsory nature of the acquisition.] 
 
1[(4) Where compensation is provided through land sharing, rehabilitation benefits, 
resettlement benefits, or any other form as determined by the Authority, it shall ensure that the,⎯ 
 
(a) allotted land is of equivalent value, utility and accessibility as the acquired land;  
 
(b) rehabilitation and resettlement benefits are provided where required ensuring the 
restoration of l ivelihood and standard of living; and  
 
(c) compensation package aligns with principles of equity ensuring that affected 
persons are not placed at a disadvantage due to the acquisition. ] 
 
31. Factors to be ignored in determing compensation.⎯  In determining compensation 
as aforesaid, the Deputy Commissioner shall not take into consideration⎯  
 
first,  the degree of urgency which has led to the acquisition;  
 
secondly,  any disinclination of the person interested to part with the land acquired; 
 
thirdly,  any damage sustained by him which, if caused by a private person would 
not render such person liable to a suit;  
 
1Omitted and ins. by Act No. I of 2026, s. 6. 
2Added by Act No. III of 1999, s.3. 
   
 
Page 14 of 24 
 
fourthly,  any increase likely to accrue to the value of the land acquired from the use 
to which such land will be put on acquisition; and  
 
fifthly,  any increase likely to accrue to the value of the other land of the person 
interested from the use to which the land acquired will be put. 
 
32. Vesting of land in the Authority.⎯ Immediately on the making of the award under section 
28, the land shall vest in the Authority free from all encumbrances 1[and thereupon the Deputy 
Commissioner may, after giving reasonable notice to the occupier, enter upon a nd take possession of 
the same] 2[:] 
 
2[Provided that in case of a separate award for land and the buildings thereon, the land or the 
building, as the case may be, shall vest in the Authority free from all encumbrances upon the making 
of the respective award.]  
 
2[32A. Additional   Compensation.⎯ When the compensation is determined under section 
29 and sub-sections (3) and (4) of section 30, is not paid, deposited or tendered with the Deputy 
Commissioner on or before taking possession of the land, the Deputy Commissioner shall, in addition 
to such compensation, pay additional compensation computed at the rate of eight per centum per 
annum on such compensation from the time of so taking the possession until it has been so paid or 
deposited.] 
 
33.  Acquisition in cases  of urgency.⎯  In  cases  of  urgency,  the  Deputy  Commissioner  
may immediately after the publication of the notice mentioned in sub section (1) of section  27 enter 
upon and taken possession of the land which shall thereupon vest absolutely in the 1[Authority] 
free from all encumbrances: 
 
Provided that the Deputy Commissioner shall not take possession of any building or 
part of building under this section without giving to the occupier thereof at least twenty-four hours’ 
notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such 
occupier to remove his movable property from such building without unnecessary inconvenience. 
 
1[33A.Temporary occupation and use of land.⎯ (1) Where the Authority requires any 
land for temporary occupation and use for the purposes of this Ordinance for a period not exceeding 
five years, it may   direct the Deputy Commissioner to take possession of the land in accordance with 
the provisions of this section for such occupation and use. 
 
(2)  Upon a direction under sub-section (1) in respect of any land, the Deputy Commissioner 
shall give the persons having interest in the land notice in writing of his intention to take possession 
of the same for the purpose and period specified therein calling upon such persons to submit within 
ten days of the receipt of the notice written statements describing the  nature and extent of their interest 
in such land. 
 
2[(3)  The  Deputy  Commissioner  shall,  after  giving the  person  having interest  in  the  land  
an opportunity of being heard, determine  the  compensation for  the  temporary occupation and use 
of the land at the rate at which it was rented during the preceding agricultural year and, if it was 
not so rented, at such rate as he may consider fair and equitable, and make an award specifying 
the,⎯ 
 
(a) area and description of the land; 
 
1Added, subs. and ins. by Act No. XXII of 1966, ss. 7, 8 and 9. 
2Subs. and added by Act No. I of 2026, ss. 7, 8 and 9. 
3Added by Act No. III of 1999, s. 4. 
 
 
Page 15 of 24 
 
(b) purpose and the period for which the land is required; 
 
(c)  compensation and shares therein of the persons, if there be more than one, 
entitled thereto; and 
 
(d)  mode of compensation.] 
 
(4)  After making an award under sub section (3) in r espect of  any land, the Deputy 
Commissioner may enter upon and take possession of such land for the purpose and the period specified 
in the notice under sub­section (2). 
 
(5)  If it appears that as a result of the occupation and use as aforesaid any land proposed to 
be taken possession of under this section is likely to be permanently unfit for the use for which it is 
for the time being used and the owner applies for its acquisition under this Ordinance, the 
Deputy Commissioner shall report the fact to the Authority and shall, if the Authority so direct,⎯ 
 
(a) acquire the land under this Ordinance; or 
 
(b)  assess the damage likely to be caused to the land and make an award for 
reasonable compensation for such damage; or 
 
(c)  terminate the proceedings for taking possession of the land. 
 
  33B.  1[Compensation] to persons under disability and heirs of deceased persons.⎯ 
1[(1) If any person entitled to the compensation under this Ordinance is a minor or of unsound mind 
or otherwise under a legal disability to receive and administer the compensation t he Deputy. 
Commissioner may, by order, direct that the compensation shall be made to the person applying for 
it on behalf of the person entitled thereto, if the Deputy Commissioner, after making such enquiry as 
he may deem fit, is satisfied that the person so applying is the proper person to receive and administer 
the compensation for the benefit of the person entitled to compensation.] 
 
(2) Where a person entitled to receive compensation under the Ordinance dies after the making 
of an award, the Deputy Commissioner may, to provide relief in suitable cases, on the application of 
the heirs or legal representatives of such person and after holding an   enquiry into the title of the 
applicants, direct, that compensation shall be paid to the applicants on such terms and conditions as 
the Deputy Commissioner may deem fit to impose. 
 
1[(3) Any compensation provided  under sub­section (1) or sub­section (2) shall afford full 
indemnity to the Authority for the compensation made but shall not affect the liability of the person 
who has received the compensation to account therefore to the person lawfully entitled thereto.]] 
 
34. Power of Deputy Commissioner to call for information.⎯ With a view to acquiring 
any land or determining any compensation therefor or to carrying out any other purpose of this 
Ordinance, the Deputy Commissioner may― 
 
(a)  require any person, by order in writing, to furnish such information in his 
possession relating to any land as may be specified in the order; 
 
(b) enter or authorize any person to enter upon any land and take such action 
as may be necessary. 
 
 
1Subs. by Act No. I of 2026, s. 10. 
 
 
Page 16 of 24 
 
35. Power of Authority to give directions to Deputy  Commissioner.⎯ The Authority 
may give d irection to the Deputy Commissioner as r espects the exercise of his po wers and the 
discharge of his functions under this Chapter and the Deputy Commissioner shall be guided by, and 
act in accordance with, such directions. 
 
1[36. Appeal and review.⎯(1) The Authority or any person aggrieved by an award or final 
order of the Deputy Commissioner may, within fifteen days of such award or order, appeal to the 
Commissioner. 
 
(2) The Commissioner may, after giving the Authority and the persons affected by the award 
or order appealed against an opportunity of submitting any objection to the appeal and of being heard, 
pass such orders thereon as he may think fit. 
 
(3) The Deputy Commissioner or the Commissioner, either of his own motion or on an 
application made in this behalf, at any time within five years from the date of an award or order made 
or passed by himself or by any of his predecessors in office, including an award or order made or 
passed before the commencement of the Capital Development Authority (Amendment) Act, 1966, 
may, after giving the parties concerned a notice and an opportunity of being heard, review the 
award or order and pass such order thereon as he may deem fit: 
 
Provided that an order under this sub­section shall not, except in  so  far  as  it  corrects  an 
arithmetical, clerical or patent error or mistake in the award or order under review, enhance the amount 
of compensation 2[, rehabilitation and resettlement] awarded. 
 
(4) Any 2[compensation awarded]  to any person which is found, for any reason including 
fraud or misrepresentation, not to be due or in excess of the amount he is entitled to under the award 
or order, as reviewed under sub­section (3), shall be recoverable by the Authority and the Deputy 
Commissioner shall call upon such person to refund it. 
 
(5) Subject to the provision of sub­section (3), the order of the Commissioner passed on 
any appeal shall be final and shall not be called in question in any court.] 
 
1[36A. Deputy Commissioner and Commissioner to have powers of civil court, etc.⎯ 
(1) The Deputy Commissioner making any enquiry, or conducting any proceedings for an award under 
this Ordinance, or the Commissioner hearing an appeal or holding a review under section 36, shall 
have the same powers in respect of the following matters as are vested in a civil court, when trying a 
suit, under the Code of Civil Procedure, 1908 (Act V of 1908), namely:⎯ 
 
(a)   summoning and enforcing attendance  of  any  person  and  examining him an  
oath  or affirmation; 
 
(b)  requiring the discovery and production of any document; 
 
(c)  requisitioning any record from any court or office; 
 
(d)  issuing commissions for examination of witnesses, inspection of property or 
making any local investigations; 
 
(e)  appointing guardian ad litem or next friends; 
 
1Subs. and ins. by Act No. XXII of 1966, ss. 10 and 11. 
2Ins. and Subs. by Act No. I of 2026, s. 11. 
 
 
Page 17 of 24 
 
 (f)  adding or substituting representatives of deceased parties to proceedings ; 
 
(g)  adding or dropping parties from pending proceedings ; 
 
(h)  restoration of cases dismissed for default ; 
 
(i)  consolidating and splitting up cases; and 
 
(j)  any o ther matter connected with the holding of an inquiry or h earing of an 
appeal. 
 
(2) The Deputy Commissioner or the Commissioner exercising powers under this Ordinance 
shall be deemed to be a court for the purposes of  sections 480 and 482 of the Code of Criminal 
Procedure, 1898 (V of 1898), and a proceeding before him shall be deemed to be a judicial proceeding 
within the meaning of sections 193 and 228 of the Pakistan Penal Code (XLV of 1860). 
 
36B. Fees on applications.⎯ The Authority may prescribe fees on applications made to it.] 
 
 
CHAPTER V.⎯ESTABLISHMENT 
 
37. Appointment of officers and servants, etc.⎯ (1) The Authority may, from time to 
time, appoint such officers, servants, experts or  consultants as it may consider necessary for the 
performance of its functions, on such terms and conditions as it may deem fit: 
 
Provided that salaried officers and servants whose remuneration exceeds two thousand 
and five hundr ed rup ees per mensem shall not be appointed except with the previous approval in 
writing of the 1[Federal Government]. 
 
(2) Subject to the proviso to sub­section (1), the Chairman may, in cases of urgency, appoint 
such officers, servants, experts or consultants and on such terms and conditions as he deems fit: 
 
Provided that every appointment made under this sub­section shall be reported to the 
Authority without unreasonable delay. 
 
38. Recruitment, conditions  of service and disciplinary powers.⎯ The Authority shall 
lay down the procedure for the appointment of its officers, servants, experts and consultants, and the 
terms and conditions of their service including the constitution and management of provident fund for 
them, and shall be competent to take disciplinary action against them. 
 
39. Members, o fficers, experts–public servants.⎯ The Chairman, members, officers, 
servants, experts and consultants of the Authority shall, when acting or purporting to act in pursuance 
of any of the provisions of this Ordinance be deemed to be public servants within the meaning of 
section 21 of the Pakistan Penal Code (Act XLV of 1860). 
 
 
_________________________________________________________________________________ 
1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table. 
 
 
 
Page 18 of 24 
 
40. Indemnity.⎯ No suit, prosecution or other legal pro ceedings shall lie against the 
Authority, the Chairman, any member, officer, servant, expert or consultant of the Authority in respect 
of anything done or intended to be done, in good faith under this Ordinance. 
 
41. Delegation of powers to Chairman,  etc. The Authority may, by general or special 
order, delegate to the Chairman, or a member, or an officer of the Authority, any of its powers, duties 
or functions under this Ordinance, subject to such conditions as it may think fit to impose. 
_____________ 
  
                                                    CHAPTER VI.⎯FINANCE 
 
42. Capital Development  Authority Fund.⎯ (1) There shall be formed a fund to be known 
as the “Capital Development Authority Fund” which shall vest in the Authority and shall be utilized 
by the Authority  to  meet  charges  in  connection  with  its  functions  under  this  Ordinance  including 
the payment of salaries and other remuneration to the Chairman, members, officers, servants, 
experts, and consultants of the Authority. 
 
(2) To the credit of Capital Development Authority Fund shall be placed,⎯ 
 
(a)  grants made by the 1[Federal Government]; 
 
(b)  loans obtained from the 1[Federal Government]; 
 
(c)  grants made by local bodies; 
 
(d)  sale proceeds of movable and immovable property and r eceipts for services 
rendered; 
 
(e)  loans obtained by the Authority with the special or general sanction of the   
1[Federal Government]; 
 
(f)  foreign aid and loans obtained from the International Bank of Reconstruction 
and Development or from any other source outside Pakistan, with the 
sanction of, and on such terms as may be  approved b y, the 1[Federal 
Government]; and 
 
(g)  all other sums receivable by the Authority. 
 
43. Budget.⎯ (1) In the month of February each year the Authority shall submit to the 
1[Federal Government] for approval a statement of the estimated receipts and expenditure in rupees 
in respect of the next financial year. 
 
(2) In the manner prescribed by the 1[Federal Government] the Authority shall also submit to 
the 1[Federal Government] for approval a statement of the estimated receipts and expenditure in 
foreign exchange in respect of the next financial year. 
 
(3) The Authority shall obtain specific sanction of the 1[Federal Government] in respect of 
each individual scheme costing rupees twenty­five lacs or more to be financed out of the Capital 
Development Authority Fund. 
 
1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table.   
 
Page 19 of 24 
 
44.Audit and account.⎯ (1)  The accounts of the Authority shall be audited by not less than 
two auditors holding certificates under section 144 of the Companies Act, 1913 (VII of 1913), who 
shall be  appointed by the 1[Federal Government], in consultation with the 1[Auditor General] of 
Pakistan (hereinafter referred to as the Auditor­General) on such remuneration, to be paid by the 
Authority, as the 1[Federal Government] may fix, and the Auditor­General shall have the power to 
give directions to the auditors in regard to the extent and method of their audit subject to the provisions 
of the Companies Act, and to pr escribe the forms of accounts to be  maintained by the Authority 
consistent with the requirements of this Ordinance. 
 
(2) Notwithstanding the provisions of the preceding sub­section, the Auditor General, may 
either of  his  o wn  motion  or  upon  a  request  received  in  this  b ehalf  from the  1[Federal  
Government], undertake such audit of the accounts of the Authority at such time as may be considered 
necessary, and  the  Authority  shall,  at  the  time  of  such  audit,  produce  the  account  books  and  
connected do cuments at such place or places as the Auditor­General may fix, and furnish such 
explanations and information as the Auditor­General or an officer or officers authorized by him in this 
behalf may ask for. 
 
 (3) Every auditor appointed under sub­section (1) shall be given a copy of annual 
balance­sheet of the Authority, and shall examine it together with the accounts and vouchers relating 
thereto, and shall have a list delivered to him of all books kept by the Authority, and shall at all 
reasonable times have access to the books, accounts and other documents of the Authority, and may 
in relation to such accounts examine any member or officer of the Authority. 
 
(4) The auditors shall report to the 1[Federal Government] upon the annual balance­sheet and 
accounts and in their report they shall state whether in their opinion the balance­sheet is a full and 
fair balance­sheet containing all necessary particulars and properly drawn up so as to exhibit a true 
and  correct  view of  the  state  of  the  Authority’s affairs,  and  in  case  they  have  called  for  any 
explanation or information from the Board, whether it has been given and whether it is satisfactory. 
 
(5) The 1[Federal Government] may at any time issue directions to the auditors requiring them 
to report to it upon the adequacy of measures taken by the Authority for the protection of the interests 
of the 1[Federal Government] and of the creditors of the Authority or upon the sufficiency of their 
procedure in auditing the affairs of the authority, and may at any time enlarge or extend the scope of 
the audit or direct that a different procedure in audit be adopted or that any other examination be made 
by the auditor if in its opinion the public interest so requires. 
 
(6) The Authority shall comply with every direction issued by the 1[Federal Government] for 
the rectification of matters objected to in audit. 
 
45. Consultation with the Financial Advisor.⎯ Save as provided in the rules or 
regulations, the Financial Advisor shall be consulted on every proposal of expenditure. 
 
__________________ 
CHAPTER VII.⎯PENALTY AND PROCEDURE 
 
46. Penalty.⎯ Whoever contravenes any provision of this Ordinance or of any rules or 
regulations made or scheme sanctioned thereunder shall, if no other penalty is provided for such 
contravention, be punishable with imprisonment which may extend to six months or fine or with both. 
 
 
1Subs. by Federal Adaptation of Laws Order, 1975 Art. II, Table and Sch. 
 
Page 20 of 24 
 
1[46A. Causing  damage  to property.⎯ Whoever willfully causes damage or allows damage 
to be caused to any property which vests in the Authority or unlawfully converts it to his own use or 
to that of any other person shall be punishable with imprisonment for a term which may extend to 
one year, or with fine, or with both. 
 
46B. Disobedience of orders.⎯ Whoever, without lawful excuse, fails or refuses to comply 
with any direction or order issued by the Authority under this Ordinance shall be guilty of an offence 
punishable under section 46. 
 
46C. Attempts  and  abetments.⎯ Whoever attempts to commit or abets the commission 
of an offence punishable under this Ordinance shall be deemed to have committed that offence. 
 
46D. Summary trial of offences.⎯ Any Magistrate or Bench of Magistrates empowered 
for the time being to try in a summary way the offences specified in sub­section (1) of section 260 
of the Code of Criminal Procedure, 1898 (Act V of 1898), may, if such Magistrate or Bench of 
Magistrates thinks fit, on application being made in this behalf by the prosecution, try any offence 
punishable under this Ordinance in accordance with the provisions contained in sections 262 to 265 of 
the said Code.] 
 
47. Cognizance of offences by Courts.⎯ No court shall take cognizance of any offence 
punishable under this Ordinance except on a complaint in writing made by the Authority or by an 
officer authorized for the purpose by the Authority. 
 
_____________ 
 
CHAPTER VIII.⎯MISCELLANEOUS 
 
48. Submission of Yearly reports and returns, etc.⎯ (1) The Authority shall submit to 
the 2[Federal Government], as soon as possible after the end of every financial year but before the 
last day of December next following, a report on the conduct of its affairs for that year. 
 
(2) The 2[Federal Government] may, after giving sufficient notice to the Authority, require it 
to furnish the Government with⎯ 
 
(i)  any return, statement, estimate, statistics, or other information on regarding any 
matter under the control of the Authority, or 
 
(ii)  a report on any subject with which the Authority is concerned, or 
 
(iii)  a copy of any document in the charge of the Authority;  and the Authority shall 
comply with every such requisition. 
 
49. Power to dispose of land. ⎯ The Authority may retain, or may lease, sell, exchange, 
rent or otherwise dispose of any land vested in it. 
 
1[49A. Recovery of dues, etc.⎯ Any sum due to the Authority from, or any sum wrongly 
paid to, any person under this Ordinance shall be recoverable as arrears of land revenue. 
 
 
_________________________________________________________________________________________________  
1Ins. by Act No. XXII of 1966 , ss. 12 and 13. 
2Subs. by Federal Adaptation of Laws Order,  1975 Art. II and Table. 
 
 
 
Page 21 of 24 
 
49B. Summary ejectment of unauthorised occupants.⎯ The Deputy Commissioner or any 
person authorized by him or the Authority in this behalf may, after giving fifteen days notice, 
summarily eject any person in unauthorised occupation of any land or property vested in the Authority 
and may, for such ejectment, use such force including police force as may be necessary. 
 
49C. Removal of building,  etc., erected or used in contravention of t his 
Ordinance.⎯(1) If any bu ilding, structure, work or land is erected, constructed or used in 
contravention of the provisions of this Ordinance or of any rule, regulation or order made thereunder, 
the Deputy Commissioner, or any person empowered in this behalf by the Authority, may, by order 
in writing, require the owner, occupier, user or person in control of such building, structure, work or 
land to remove, demolish or so alter the building, structure or work, or to desist from using or to so 
use the land, as to be in accordance with the said provisions. 
 
(2) If an order under sub­section (1) in respect of any building, structure, work or land is not 
complied with within such time as may be specified therein, the Deputy Commissioner, or any person 
empowered in this behalf by the Authority, may, after giving the person affected by the order an 
opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use 
of the land and, in so doing, may use such force including police force as may be necessary and may 
also recover the cost therefor from the person responsible for the erection, construction or use of the 
building, structure, work or land in contravention of the provisions as aforesaid. 
 
49D.  Police  assistance. ⎯ The  officer­in­charge  of  a  police­station  shall  render  such  
police assistance as the Deputy Commissioner may require in the discharge of his functions under 
this ordinance. 
 
49E. Jurisdiction of courts barred.⎯ Save as otherwise provided by this Ordinance no 
court or other authority shall have jurisdiction to question the legality of anything done or any action 
taken under this Ordinance by or at the instance of the Authority.] 
 
1[49F. Admissibility  of document  or entry as evidence.⎯ A copy of any receipt, 
application, plan, notice, order or other document or of any entry in a register, in the possession of the 
Authority shall, if duly certified by the legal k eeper thereof or other person authorized by the 
Authority in this behalf, be admissible in evidence of the existence of the document or entry, and 
shall be admitted as evidence of the matters and transactions therein recorded in every case where, 
and to the same extent to which, the original do cument or entry would, if produced, have been 
admissible to prove such matters.] 
 
2[49G. Ordinance to override other laws . ⎯ he Provisions of this Ordinance shall have 
effect notwithstanding anything to the contrary contained in any other law for the time being in force 
and such law shall, to the extent of any inconsistency , cease to have effect.] 
 
50. Power    to   make  rules. The 3[Federal Government] may, by notification in the 
official Gazette, make rules to carry out the purposes of this Ordinance:  
 
Provided that no rules shall be made on any of the matters specified in section 38. 
 
__________________________________________________________________________________________________________________ 
1Ins. by Act No. XVI of 1968 , s. 2. 
2Ins. by Act. No IX of 2023, s. 4. 
3Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table. 
 
 
 
Page 22 of 24 
 
1[51. Power to make regulations.⎯ The Authority may make regulations, not inconsistent 
with the rules, if any, on all matters for which regulations are necessary or expedient; and such 
regulations shall be published in the official Gazette.] 
 
52.  Dissolution   of Authority and   transfer of  its  assets  and   liabilities   to  the  
2[Federal Government] and other agency determined by that  Government.⎯ (1) The 
2[Federal Government] may, by notification in the official Gazette, declare that the Authority shall be dissolved 
on such date as may be specified in such notification, and the Authority shall stand dissolved accordingly. 
 
(2) On and from the said date⎯ 
 
(a)      (i)  all properties, funds and dues placed at the disposal of the Authority by 
the 2[FederalGovernment] ; and 
 
(ii)  all properties, funds and dues exchanged for, derived from, or otherwise 
attributable to the properties, funds and dues referred to in sub­clause 
(i), which, immediately before the sai d date, were  held  by  or  were  
realisable  by  the  Authority  shall vest  in,  and  be reali sable by, the 
2[Federal Government] ; 
 
(b)   all properties, funds  and  dues,  other  than  those  referred  to  in  cause  (a),  
which, immediately before the said date, were vested in or were realisable by 
the Authority shall vest in and be realisable by such agency as the 2[Federal 
Government] may determine, and its decision thereon shall be final ; 
 
(c)  all liabilities which, immediately before the said date, were enforceable against 
the   Authority   shall   be   assumed   by   and   be   enforceable   against   the   
2[Federal Government]or such agency as the 2[Federal Government] 
determines under clause (b), as the case may be; 
 
(d)  for the purpose of completing the execution of any scheme which has not been 
fully executed by the Authority and of realizing properties, funds and dues 
referred to in clause (a)  and (b), the functions of the Authority under this 
Ordinance shall be discharged by the 2[Federal Government] or by the agency 
determined by the 2[Federal Government] under clauses (b) and (c), as the case 
may be; and 
 
(e)  the agency referred to in clauses (b), (c) and (d) shall keep such accounts of all 
moneys respectively received and expended by it under this Ordinance, as the 
2[Federal Government] may prescribe. 
 
 
 
_________________________________________________________________________________ 
1Subs. by Act No. XXII of 1966, s. 14. 
2Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table. 
 
 
 
 
 
 
 
 
Page 23 of 24 
 
THE SCHEDULE 
 
[See section 2(p)] 
 
LIMITS OF THE CAPITAL SITE 
 
From Triangulation Point 5264 (near Village Nilan Bhotu), Map Ref.191698 (Survey of Pakistan map, 
scale 1 in. to 1 mile, sheet No.43 G-/1) north­east along the Rawalpindi tehsil boundary to spot height 
4949 Map Ref. 223713 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet 43 G/1); then south­east 
again along Rawalpindi tehsil boundary to the tehsil boundary and Nala junction at Map Ref. 227707 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.33 G/1); from here south­east along the Nala 
to the junction in the Nala at Map Ref. 250701 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet 
No.43 G/1). From this junction south-east across the range of hills and via Village Mangial (Map 
Ref. 268696) to Village Karlot Map Ref. 287693 (Survey of Pakistan map, scale 1 in. to 1 mile, 
sheet No.43 G/1). From Village Karlot south-east along the Nala to Nala and Kurang Nala junction 
and along Kurang Nala to junction of Kurang Nala and Murree Road near Village Chatter Parao at 
mile­stone 18 and 6 furlongs, Map Ref. 304685 (Survey of Pakistan map, scale 1 in. to 1 mile sheet 
No.43 G/1). From here due east across country to the Rawalpindi tehsil boundary at Map Ref. 310683 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/5) and south-east along the tehsil 
boundary to the junction of the tehsil boundary and Kurang Nala at Map Ref. 315676, then north- 
east along the Kurang Nala to the junction of the nala and tehsil boundary at Map Ref. 327678 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/5). From this junction south­east 
across country via spot height 2954 Map Ref. 345664 (Survey of Pakistan map, scale 1 in. to 1 mile, 
sheet No.43 G/5) across the range south­east to spot height 2276 Map Ref. 358655 (Survey of Pakistan 
map, scale 1 in. to 1 mile, sheet No.43 G/5 ), located near Rawalpindi tehsil boundary then south­east 
along the Rawalpindi tehsil boundary to junction of boundary and Gumrah Kas at Map Ref. 369636 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/6). From this junction south­east across 
country to Village Sambli Tijal on the River Soan, Map Ref. 405615; then along River Soan and 
Rawalpindi tehsil boundary east up to Map Ref. 457595 (bend in the boundary) and south­west again 
along tehsil boundary to a point at Map Ref. 424541 (Survey of Pakistan map, scale 1 in. to 1 mile, 
sheet No.43 G/6) 400 yards south of the Lehtrar Road. Then west along a line parallel to Lehtrar 
Road (400 yards south of the road ) to a point on Malal Nala at Map Ref. 302523 (Survey of Pakistan 
map, scale 1 in. to 1 mile, sheet No. 43 G-/2). Then south­west along the Malal Kas to junction 
Malal Kas and River Kurang Map Ref. 225455 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet 
No.43 G/2). From here north­ west along River Kurang to the junction of River Kurang and Nala at 
Map Ref. 172528 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2); then north­west 
along this Nala via Village Sohan Map Ref. 166528 (Survey of Pakistan map, scale 1 in. to 1 
mile, sheet No.43 G/2) to the junction of  Nala and Muree Road near Milestone 6, map Ref. 154537 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2); from this junction south-west across 
country to the bend in Lei Nala (near village Narala) at Map Ref. 138530 (Survey of Pakistan map, 
scale 1 in. to 1 mile, sheet No.43 G/2). Then south­west along Lei Nala to junction of Lei Nala and 
Bedara wali Kas, Map Ref. 119510 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/2). 
Then south along Leh Nala to a point map Ref. 117479 being junction of Leh Nala and a tributary 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No. 43 G/2.) Then north­west and west to the 
source of this tributary near a point map Ref. 047477 (Survey of Pakistan map, scale 1 in. to 1 mile, 
sheet No.43 C/14); from this point north­west along the Kutcha road to the junction of this Kutcha 
road a and track at Map Ref. 044480 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43, 
C/14). From here, south-west across country to a point 100 yards west of G.T.Road, Map Ref. 040478 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 C/14); then north­west along a line parallel 
to the G. T. Road, and at a distance of 100 yards from it to Nicholson Monument at map. Ref. 884568 
(Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 C/14). Then east along the ridge of 
 
Page 24 of 24 
 
Maragala Range via spot heights 2613, 2981, 3371 and 3338 to triangulation point height 3352 map 
Ref. 979604 on the boundary line of districts Hazara and Rawalpindi (Survey of Pakistan map, scale 
1 in to 1 mile, sheet No.43 C/14). Then east along this boundary line back to the starting point 
triangulation height 5264. 
 
 
LIMITS OF THE SPECIFIED AREAS 
 
Starting from a point, map reference 534125 (sheet 43 F/8, 1 in. to 1 mile map of G.T.S.) nearly 2 
miles North of  Kohala  on  Azad  Kashmir  1[Pakistan]  border  running south  along River  Jhelum 
(boundary of Azad Kashmir and 1[Pakistan] up to a point, Map, Ref. 641678 (sheet 43 G/9) being the 
junction of boundaries of Murree Tehsil, Kahuta Tehsil and Azad Kashmir. Then along the southern 
boundary of Murree Tehsil up to junction of Khad Nala and Murree Tehsil boundary Map Ref. 
568699 (sheet 43 G/9). Then south­west along Khad Nala to a point Map Ref. 504608 (sheet 43 G/6) 
being the junction of Khad Nala and a Tributary. Then south­east along the tributary via Village 
Lehtrar Nala to Nala and track junction at map reference 518594 (sheet 43 G/6). Then along this 
track via village Marhiman south­west to the track and a nala junction at map reference 506571 
(sheet 43 G/6). Then south­west along this Nala via Village Jambhiri and Pihar to this Nala and River 
Ling junction at map reference 463483 (sheet 43 G/6). From here south­west along River Ling to the 
junction of Rawalpindi Tehsil boundary and River Ling at map reference 369382 (sheet 43 G/6). 
Then along eastern, southern and western boundary of Rawalpindi Tehsil up to bend at map reference 
910683 (sheet 43 C/13), about a mile south of Village Salargah. Then follow along River Harro north 
east up to a point map Ref. 168810 (sheet 43 G/1) near spot height 2518, which is the junction of 
River Harro and boundary line of Haripur and Abbottabad Tehsils of Hazara District. Then along 
southern boundary of Abbottabad Tehsil of Hazara District up to point map reference 253833 (sheet 
43 G/1) at the intersection of Abbottabad Tehsil boundary and River Karral Harroo; along River 
Karral Harro due north­east to point map reference 344933 (sheet 43 G/5) being junction of Karral, 
Harro and Samundar Katha near spot height 3730 and then along Samundar Katha. Stream up to point 
Map Ref. 381017 (sheet 43 F/8) on junction of Samundar Katha Stream and boundary line between 
Villages Tatrila and Nagribala of Tehsil Abbottabad. Then running along the boundary line between 
Villages Tatrila and Nagribala (near spot height 7799 ), Bagh and Nagribala, Bagnotar and Bara Gali, 
Namli Mira, Phalkot and Bakot and Mulia and Bakot including Villages Nagribala, Bara Gali, Namli 
Mira and Bakot back to the starting point map reference 534125 (sheet 43 F/8). 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Dated. 12-01-2026 
 
_________________________________________________________________________________________________________________  
1Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Sch.
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Section 4

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autonomous or semi­autonomous body set up by the 1[Federal] or Provincial Government; (b) “Authority” means the Capital Development Authority established und er section 4; (c) “Board” means the Board constituted under section 6; (d) “building” includes any factory, industrial or business establishment, shop, godown, warehouse, house, outhouse, hut, hutment, shed, garrage, stable, well o

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Section 6

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al] or Provincial Government; (b) “Authority” means the Capital Development Authority established und er section 4; (c) “Board” means the Board constituted under section 6; (d) “building” includes any factory, industrial or business establishment, shop, godown, warehouse, house, outhouse, hut, hutment, shed, garrage, stable, well or platform, and any o ther structure, whether meant for r

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Section 3

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for purposes connected with agriculture; (e) “Capital Site” means the part or parts of the Specified Areas declared to be the site for the Pakistan Capital under section 3; (f) “Chairman” means the Chairman of the Authority; _________________________________________________________________________________ 1Subs. by Federal Adaptation of Laws Order , 1975, Art. II and Table. Page 5 of

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Section 12

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tself prepare, when it considers it desirable to do so in the public interest, schemes for the Specified Areas relating to the matters enumerated in sub­section (2) of section 12. _________________________________________________________________________________________________ 1Subs. by Federal Adaptation of Laws Order , 1975 Art. II and Table. 2Subs. by Act No. XXII of 1966 , s. 3. Page 9 of

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Section 12

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tation of Laws Order , 1975 Art. II and Table. 2Subs. by Act No. XXII of 1966 , s. 3. Page 9 of 24 14. Manner and form etc., of scheme.⎯ All schemes under section 12 and section 13 shall be prepared in such manner and form as the 1 [Federal Government] may specify, and shall contain among other things the following information, namely:⎯ (a) description of the scheme and the manner o

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Section 13

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Order , 1975 Art. II and Table. 2Subs. by Act No. XXII of 1966 , s. 3. Page 9 of 24 14. Manner and form etc., of scheme.⎯ All schemes under section 12 and section 13 shall be prepared in such manner and form as the 1 [Federal Government] may specify, and shall contain among other things the following information, namely:⎯ (a) description of the scheme and the manner of its execution

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Section 13

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ified Areas in accordance with the procedure laid down in Chapter IV; (ii) undertake any works in the Specified Areas in pursuance of any scheme prepared under Section 13; (iii) incur any expenditure; (iv) procure plant, machinery, instruments and materials required for its use; (v) enter into and p erform all such contracts 2[including but not limited to joint ventures, public

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Section 12

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s building material as the Authority may, by notification in the official Gazette, specify in this behalf.] 19. Amendment of schemes. ⎯ Any scheme prepared unde r section 12 or section 13 may at any time be amended or modified⎯ (a) in cases where the amended or modified scheme should exceed the financial powers of the Authority, by the Authority with the previous approval in writing of the

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Section 13

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erial as the Authority may, by notification in the official Gazette, specify in this behalf.] 19. Amendment of schemes. ⎯ Any scheme prepared unde r section 12 or section 13 may at any time be amended or modified⎯ (a) in cases where the amended or modified scheme should exceed the financial powers of the Authority, by the Authority with the previous approval in writing of the 1[Federal Gov

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Section 23

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otice in writing of his intention to do so. 24. Compensation for damage.⎯ Where any damage is caused to any land in consequence of anything done in pursuance of section 23, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the provisions hereinafter set out, that is to say, (a) where the amount of compensation can be fixed by a

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Section 25

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Deputy Commissioner of specified directions from the Authority. 26. Land to be marked out measured and planned.⎯ Where any land is proposed to be acquired under Section 25, the Deputy Commissioner shall cause the land (unless it has been already marked out) to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same. Page 12 of 24 27. Notice

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Section 23

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pective interests in the land 2[***] and particulars of their claims to compensation for such interests, and their objections, if any, to the measurements made under section 23, and the Deputy Commissioner may require any such statement to be made in writing and signed by the party or his agent. (3) The Deputy Commissioner shall also serve notice to the same effect on the occupier, if any, of s

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Section 27

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en adjourned, the Deputy Commissioner shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to the notice given under section 27, and into the market value of the land and into the respective interests of the persons claiming the compensation, and shall make an award of⎯ (i) the true area of the land; (ii) the compensation which in his opinio

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Section 25

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der this Ordinance the Deputy Commissioner shall take into consideration, first, the market value of land 2[on the date of order of its acquisition made under section 25]; secondly, the damage sustained by the person interested, by reason of dispossession of any standing crops or trees which may be on the land; thirdly, the damage, if any sustained by the person interested at the ti

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Section 28

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of the person interested from the use to which the land acquired will be put. 32. Vesting of land in the Authority.⎯ Immediately on the making of the award under section 28, the land shall vest in the Authority free from all encumbrances 1[and thereupon the Deputy Commissioner may, after giving reasonable notice to the occupier, enter upon a nd take possession of the same] 2[:] 2[Provided t

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Section 29

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n the Authority free from all encumbrances upon the making of the respective award.] 2[32A. Additional Compensation.⎯ When the compensation is determined under section 29 and sub-sections (3) and (4) of section 30, is not paid, deposited or tendered with the Deputy Commissioner on or before taking possession of the land, the Deputy Commissioner shall, in addition to such compensation, pay addi

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Section 30

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on the making of the respective award.] 2[32A. Additional Compensation.⎯ When the compensation is determined under section 29 and sub-sections (3) and (4) of section 30, is not paid, deposited or tendered with the Deputy Commissioner on or before taking possession of the land, the Deputy Commissioner shall, in addition to such compensation, pay additional compensation computed at the rate of

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Section 27

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isition in cases of urgency.⎯ In cases of urgency, the Deputy Commissioner may immediately after the publication of the notice mentioned in sub section (1) of section 27 enter upon and taken possession of the land which shall thereupon vest absolutely in the 1[Authority] free from all encumbrances: Provided that the Deputy Commissioner shall not take possession of any building or part

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Section 36

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eputy Commissioner making any enquiry, or conducting any proceedings for an award under this Ordinance, or the Commissioner hearing an appeal or holding a review under section 36, shall have the same powers in respect of the following matters as are vested in a civil court, when trying a suit, under the Code of Civil Procedure, 1908 (Act V of 1908), namely:⎯ (a) summoning and enforcing attendan

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Section 46

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out lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Ordinance shall be guilty of an offence punishable under section 46. 46C. Attempts and abetments.⎯ Whoever attempts to commit or abets the commission of an offence punishable under this Ordinance shall be deemed to have committed that offence. 46D. Summary trial of offences.⎯ Any Ma

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Section 38

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fication in the official Gazette, make rules to carry out the purposes of this Ordinance: Provided that no rules shall be made on any of the matters specified in section 38. __________________________________________________________________________________________________________________ 1Ins. by Act No. XVI of 1968 , s. 2. 2Ins. by Act. No IX of 2023, s. 4. 3Subs. by Federal Adaptation o

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Section 2(p)

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by Act No. XXII of 1966, s. 14. 2Subs. by Federal Adaptation of Laws Order, 1975 Art. II and Table. Page 23 of 24 THE SCHEDULE [See section 2(p)] LIMITS OF THE CAPITAL SITE From Triangulation Point 5264 (near Village Nilan Bhotu), Map Ref.191698 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G-/1) north­east along the Rawalpindi tehsil boundary to

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Provisions explicitly cited in other instruments 3

Section 260 of Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cited by Capital Development Authority Ordinance (CDA), 1960

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D. Summary trial of offences.⎯ Any Magistrate or Bench of Magistrates empowered for the time being to try in a summary way the offences specified in sub­section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), may, if such Magistrate or Bench of Magistrates thinks fit, on application being made in this behalf by the prosecution, try any offence punishable under this Ordinance in accordance with the provisions conta

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Article 3 of Basic Democracies Order, 1959

Cited by Capital Development Authority Ordinance (CDA), 1960

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to anything attached to the earth; (j) “local body” means 1[the local body,] the local council or the municipal body as defined in clauses (23) 1[,(24)] and (27) of Article 3 of the Basic Democracies Order, 1959, (P.O. 18 of 1959), or the Cantonment Board, having jurisdiction in the area concerned, and includes an Improvement Trust within such area; 2[(k) “market value” means,⎯ (i) in relation to land acquired before the fir

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Section 144 of Companies Act, 1913

Cited by Capital Development Authority Ordinance (CDA), 1960

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nd Table. Page 19 of 24 44.Audit and account.⎯ (1) The accounts of the Authority shall be audited by not less than two auditors holding certificates under section 144 of the Companies Act, 1913 (VII of 1913), who shall be appointed by the 1[Federal Government], in consultation with the 1[Auditor General] of Pakistan (hereinafter referred to as the Auditor­General) on such remuneration, to be paid by the Authority

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47aa3a007771432a16e5ddc798f1a22a61889098e018d3a5b8971b71b3a77be9
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Capital Development Authority Ordinance (CDA), 1960
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