Works of Defence Act, 1903

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THE WORKS OF DEFENCE ACT, 1903 
 
 
 
CONTENTS 
PART I 
 
PRELIMINARY 
1  Short title and extent 
2.  Definitions 
PART II 
 
IMPOSITION OF RESTRICTIONS 
3.  Declaration and notice that restrictions will be imposed 
4.  Power to do preliminary acts after publication of notice under section 3, sub-section (2)  
5.  Payment for damage 
6.  Further powers exercisable after publication of notice under section 3, sub-section (2) 
7.  Restrictions 
7A.  Restrictions with reference to airfield 
8.  Land to be marked out, measured, registered and planned 
9.  Notice to persons interested 
10.  Power to require and enforce the making of statements as to names and interests.  
11.  Application of certain sections of the Pakistan Penal Code 
12.  Inquiry and award by Collector 
13.  Award of Collector when to be final 
14.  Adjournment of inquiry 
 
 

 
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15.  Power to summon and enforce attendance of witnesses and production of documents 
16.  Matters to be considered and neglected 
17.  Supplementary proceedings 
PART III 
 
REFERENCE TO COURT AND PROCEDURE THEREON 
18.  Reference to Court 
19.  Collector’s statement to the Court 
20.  Service of notice 
21.  Restriction on scope of proceedings 
22.  Proceedings to be in open Court 
23.  Matters to be considered in determining compensation 
24.  Matters not to be considered in determining compensation 
25.  Rules as to amount of compensation 
26.  Form of awards 
27.  Costs 
28.  Collector may be directed to pay interest on excess compensation 
PART IV 
 
APPORTIONMENT OF COMPENSATION 
29.  Particulars of apportionment to be specified.  
30.  Dispute as to apportionment 
PART V 
 
PAYMENT 
31.  Payment of compensation or deposit of same in Court 
32.  Investment of money deposited in respect of lands belonging to persons incompetent to 
alienate 
33.  Investment of money deposited in other cases 
34.  Payment of Interest 
 
 
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PART VI 
 
MISCELLANEOUS 
35.  Service of notices 
36.  Penalties 
37.  Magistrate to enforce the terms of the Act 
38.  Completion of imposition of restrictions not compulsory, but compensation to be awarded 
when not completed 
39.  Demolition of part of house or building and imposition of restrictions on part of land 
40.  Exemption from stamp duty and fees 
41.  Notice in case of suits for anything done in pursuance of Act 
42.  Code of Civil Procedure to apply to proceedings before Court 
43.  Appeals in proceedings before Court 
44.  Power to make rules 
 
 
  
 
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1THE WORKS OF DEFENCE ACT, 1903 
1ACT No. VII OF 1903 
[20th March, 1903] 
An Act to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of 
works of defence in order that such land may be kept free from buildings an other obstructions, and 
for determining the amount of compensation to be made on account of such imposition. 
WHEREAS it is expedient to provide for imposing restrictions upon the use and enjoyment of 
land in the vicinity of works of defence in order that such land may be kept free from buildings and  
other obstructions, and for deter mining the amount of compensation to be made on account of such  
imposition ; It is hereby enacted as follows:- 
PART I 
 
PRELIMINARY 
1 Short title and extent.___ (1) This Act may be called the 2*, 1903; and 
3[(2) It extends to the whole of Pakistan. 
2. Definitions. In this Act, unless there is something repugnant in the subject or context,- 
(a)  the expression “land” includes benefits to arise out of land, and things attached 
to the earth or permanently fastened to anything attached to the earth: 
(b)  the expression “person interested” includes all person s claiming an interest in  
compensation to be made on account of the imposition of restrictions upon the 
use and enjoyment of land under this Act ; and a person shall be deemed to be 
interested in land if he is interested in an easement affecting the land: 
4[5(c)  the expression “Division” means one of the Divisions or Groups into which 
Pakistan is, for military, naval or air force purposes for the time being divided ; 
it includes a Brigade area, a sub-Area which does not form part of any Division, 
a naval station, port, dockyard, or establishment ; or an air force Headquarters 
which does not form part of any air force  Group, and any area which the 
4[Federal Government] may, by notification in the official  Gazette, declare to 
be a Division for all or any of the purposes of this Act :] 
1For Statement of Objects and Reasons, see Gazette of India, 1902, Pt. V, p. 84; for Report of the Select Committee, see ibid., 1903, p.105; for Proceedings 
in Council, see ibid., 1902, Pt. VI. p. 175; ibid., 1903, pp. 14 and 50. 
It has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 ( G. G. O. 4 of 1953) as  
amended. 
It has also been extended to the Khairpur State, see G. G. O. 5 of 1953, as amended by G. G. O. 24 of 1953. 
The Act has also been extended to the State of Bahawalpur see G. G. O. 11 of 1953, as amended. 
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950) ; and applied in the Federated 
Areas of Baluchitan, see Gazette of India, 1937, Pt. I, p. 1499. 
The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Application 
of Central Laws) Ordinance, 1960 (37 f 1960), s. 2. 
2The word “Indian” omitted by A. O., 1949, Sch. 
3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for sub-section 
(2) as amended by A. O., 1949, Sch., and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8. 
4Subs. by the Indian Works of Defence (Amdt.) Act, 1921 (11 of 1921) s. 2, for the original cls. (c) and (d). 
5Subs. by the Works of Defence (Amdt.) Ordinance, 1961 (34 of 1961), s. 2, for cl. (c) as amended by A. O., 1949, Sch., and A. O., 1937. 
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
 
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1[(d)  the expression “General Officer Commanding the Division” means with 
reference to a work pertaining to the Army, the army officer for the time being 
in command of the forces in a Division, with reference to a work pertaining to 
the Navy, the naval officer for the  time being in command of the forces in a 
Division and with reference to a work pertaining to the Air Force, the air force 
officer for the time being in command of the forces in a Division]:] 
(e)  the expression “Commanding Officer” means the officer for the time being in 
command of a work of defence: 
(f)  the expression “Collector” includes any officer specially appointed by the 
2[Federal Government] to perform the functions of a Collector under this Act : 
(g)  the expression “Court” means a principal Civil Court of original jurisdiction, 
unless the 2[Federal Government] has appointed (as it is hereby empowered to 
do) a special judicial  officer within any specified local limits to perform the 
functions of the Court under this Act: 
(h)  “maintain”, with its grammatical variations and cognate expressions, does not, 
when used in relation to a house or other construction, include the doing of any 
act necessary for keeping  such house or construction, until the making of the 
award referred to in section 12 or until  the exercise, prior to the making of the 
award, of the powers of demolition conferred, in case of emergency, by section 
6, sub -sections (1) and (3), in the state in which it was at the  time of the 
publication of the notice referred to in section 3, sub-section (2): 
(i)  the following persons shall be deemed “entitled to act” as and to the exte nt 
hereinafter provided, that is to say, ___ trustees for other persons beneficially 
interested shall be deemed the persons entitled to act with reference to any case, 
and that to the same extent as the persons beneficially interested  could have 
acted if free from disability: 
3*  *  *  *  *  *  * 
the guardians of minors and the committees or managers of lunatics or idiots shall be  deemed 
respectively the persons so entitled to act, to the same extent as the minors,  lunatics or idiots 
themselves, if free from disability, could have acted: 
Provided that___ 
(i)  no person shall be deemed “entitled to act” whose interest in the subject- 
matter is shown to the satisfaction of the Collector or Court to be adverse 
to the interest of the person interested for whom he would otherwise be 
entitled to act; 
 
 
1Subs. by Ordinance 34 of 1961, s. 2, for cl. (d) 
2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which had been subs. by A. O., 1937, for “L.G.”. 
3Certain words were omitted by the Federal Laws (Revision and Declaration) Ordinance. 1981 (27 of 1981), s. 3 and Second Sch. 
 
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(ii)  in every case the person interested may appear by a next friend or, in 
default of his appearance by a next friend, the Collector or Court, as the 
case may be, shall appoint a guardian for the case to act on his behalf in 
the conduct thereof ; 
(iii)  the provisions of 1[Order XXXII of the First Schedule to the, Code of 
Civil Procedure, 1908 (Act V of 1908),] shall , mutatis mutandis, apply 
in the case of persons intereste d appearing before a Collector or Court 
by a next friend, or by a guardian for the case, in proceedings under this 
Act ; and 
(iv)  no person “entitled to act” shall be competent to receive the 
compensation-money payable to the person for whom he is entitled to 
act, unless he would have been competent to alienate the land upon the 
use and enjoyment of which restrictions are to  be imposed and receive 
and give a good discharge for the purchase -money on a  voluntary sale 
2[;] 
3[(j)  the expression “work” or “work of defence” means any defence establishment 
and include a naval dockyard, an airfield, a runway, an emergency landing 
ground or any  area declared by the 4[Federal Government] to be a “work” or 
“work of defence” ; 
(k)  the expression “Clearance Area” means___ 
(i)  an area 250 yards wide measured on either side and at right angle to the 
centre line of a runway along its full length ; 
(ii)  an area 75 yards wide measured on either side and at right angle to the 
centre line of a taxi way along its full length ; 
(iii)  an area 42 yards wide all round an apron or hard standing measured from 
the outer edge ; 
(iv)  an area immediately adjacent to both ends of a runway 300 yards long 
measured along and symmetrical to extended centre line of a runway 
and 250 yards wide either side of the centre line ; and 
(v)  an area 500 yards wide flaring up to 707 yards beyond that mentioned 
in the preceding clause at each end of runway extending on the groun d 
for a distance of 1,000 yards along and symmetrical about the extended 
centre line of a runway; 
 
 
 
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for  “Chapter XXXI of the Code of Civil 
Procedure”. 
2Subs. by the Works of Defence (Amdt.) Ordinance, 1961 (34 of 1961), s. 2, for the full-stop. 
3Clauses (j), (k), (1), (m), (n), (o), (p) and (q), added ibid. 
4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
 
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(l)  “Funnel Area” means air space clearance at each end of a runway beginning at 
the end of the area mentioned in clause (k) (v) at the elevation of the end of 
runway and rising on a slope of 1 in 50 (for every 50 feet horizontal one foot 
vertical, known as glide angle) for a horizontal distance of 3,033 yards measured 
along and symmetrical about  the extended centre line of runway, the width of 
the Funnel Area at the end of the distance mentioned in clause (k) (v) being 707 
yards flaring up to 1,333 yards at the end; 
 
(m)  “Area of Restricted Height” means air space clearance at each end of a runway 
beginning at the end of Funnel Area above an elevation of 60 yards measured 
above the elevation of the end of the runway and with a width of 1,333 yards 
and a length of 5,000 yards measured along and symmetrical about the extended 
centre line of the runway; 
 
(n)  “Inner Horizontal Surface” means an air space clearance above an elevation of 
50 yards over and above the established airfield elevation, the extent of this 
surface being limited to an area included within a radius of 4,333 yards 
measured from the geometrical centre of the runway known as reference point; 
 
 
(o)  “Inner Conical Surface” means air space clearance extended outward and 
upward from the periphery of the Inner Horizontal Surface for a distance of 
2,333 yards, the slope of  Conical Surface being 20 horizontal to one vertical 
protruding above ; 
 
 
(p)  “Outer Horizontal Surface” means air space clearance above an elevation of 166 
yards over and above the established airfield elevation, the extent of this surface 
being limited to an area included between the outer periphery of Inner Conical 
Surface and a circle  having a radius of 16,667 yards me asured from the 
reference point; 
 
(q)  “Transition Surface” means ai r space clearance joining two adjacent surfaces 
with a slope of 7 horizontal to one vertical measured outward and upward and 
all along the  sides of runway Clearance Area, Funnel Area and Area of 
Restricted Height, the slope  being measured at right angle to  the runway axis 
except, at the ends of the Area of  Restricted Height where it will be measured 
parallel to it.] 
PART II 
 
IMPOSITION OF RESTRICTIONS 
 
3. Declaration and notice that restrictions will be imposed.___ (1) Whenever it appears to the 
1[Federal Government] that it is necessary to impose restrictions upon the use and enjoyment of land 
in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such 
work, in order that such land may be kept free from  buildings and other obstructions, a declaration  
shall be made to that effect under the signature of a Secretary to such Government or of some officer  
duly authorised to certify its orders. 
 
(2) The said declaration shall be published in the 2[official Gazette] and shall state the district 
or other territorial division in which the land is situate and the place where a sketch plan of the land,  
which shall be prepared on a scale not smaller tha n six inches to the mile and shall distinguish the  
boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of  
the substance of the said declaration to be given at convenient places in the locality. 
 
1Subs. by F. A. Q., 1975, Art. 2 and Table for “Central Government”, which had been subs. by A. O., 1937, for “L.G.”. 
2Subs. by A. O., 1937, for “local official Gazette”. 
 
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(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from 
buildings and other obstructions. 
4. Power to do preliminary acts after publication of notice under section 3, sub -section 
(2). It shall be lawful for such officer as the 1[Federal Government] may, by general or special order,  
authorise in this behalf, and for his servants and workmen, at any time after publication of the notice  
mentioned in section 3, sub -section (2), to enter upon and survey and take levels of any land in such  
locality, to dig or bore into the sub-soil, to do all other acts necessary to ascertain whether any and, if 
so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries 
of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such 
land, to mark s uch levels, boundaries and line by placing marks and cutting trenches, and, where  
otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to 
cut down and clear away any part of any standing crop, fence or jungle: 
Provided that 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 seven days’ notice in writing of his intention to do so. 
5. Payment for damage. The officer so authorised shall at the time of such entry pay or tender 
payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency 
of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or 
other chief revenue-officer of the district, and such decision shall be final. 
6. Further powers exercisable after publication of notice under section 3, sub -section 
(2).___(1) Whenever a declaration has been made and public notice thereof has been given under section 
3, it shall, subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the 1[Federal 
Government] may, by general or special order, authoris e in this behalf, and for his servants  and 
workmen, to enter and demolish any buildings or other constructions on the surface, to cut down  or 
grub up all or any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches,  
to make underground and other drains, to fill up all excavations, and demolish all buildings and other 
constructions below the surface, and generally to level and clear the said land and do all such acts for, 
levelling and clearing the same as he may deem necessary or proper, but in such manner nevertheless 
that evidence of the boundaries of the lands held by different owners may be preserved. 
(2) The powers conferred by sub-section (1) shall not be exercised,___ 
(a)  save as otherwise provided by sub-section (3),before the making of the award  
hereinafter referred to in section 12, nor 
(b)  save as otherwise provided by sub-section (4), after the expiration of six months 
from the making of the said award, or any shorter period on the expiration of 
which the officer exercising such powers gives notice to the Collector that there 
will be no further exercise of them. 
 
 
 
 
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which had been subs. by A. O., 1937, for “L. G.”. 
 
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(3) In case of emergency, the 1[Federal Government] 2* * * may, by notification in the 3[official 
Gazette], declare that all or any powers conferred by sub -section (1) may be exercised at any time  
within six months after the publication of the notice referred to in section 3, sub-section (2), and such 
powers may be exercised accordingly, and the said notification shall be conclusive proof of emergency. 
(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or  
workmen from exercising at any time the said powers for the purpose of removing, wholly or in part,  
any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or  
otherwise accumulated in contravention of this Act or of any rule or order made thereunder or of any 
condition prescribed in accordance therewith. 
7. Restrictions. From and after the publication of the notice mentioned in section 3, sub-section 
(2), such of the following restrictions as the 1[Federal Government] may in its discretion declare therein 
shall attach with reference to such land, namely:- 
(a)  Within an outer boundary which, except so far as is otherwise provided in 
section 39, sub-section (4), may extend to a distance of two thousand yards from 
the crest of the outer parapet of the work,—  
(i)  no variation shall be made in the ground - level, and no building, wall, 
bank or other construction above the ground shall be maintaine d, 
erected, added to or altered otherwise than with the written approval of 
the 4[General Officer Commanding the Division], and on such 
conditions as he may prescribe ; 
(ii)  no wood, earth, stone, brick, gravel, sand or other mater ial shall be 
stacked, stored or otherwise accumulated: 
Provided that, with the written approval of the 5[General Officer Commanding the Division] 
and on such conditions as he may prescribe, road -ballast, manure and agricultural produce may be 
exempted from the prohibition: 
Provided also that any person having control of the land as owner, lessee or occupier shall be  
bound forthwith to remove such road -ballast, manure or agricultural produce, without compensation, 
on the requisition of the Commanding Officer; 
(iii)  no surveying operation shall be conducted otherwis e than by or under 
the personal supervision of a public servant duly authorised in this 
behalf, in the case of land under the control of military authority, by the 
Commanding Officer and, in other cases, by the  Collector with the 
concurrence of the Commanding Officer ; and 
 
 
1Subs. by F.A.O. 1975, Art. 2 and Table, for “Central Government”, which had been subs. by A. O., 1937, for “L. G.”. 
2The words “with the previous sanction of the G. G. in C.” rep., ibid. 
3Subs. ibid., for “local official Gazette”. 
4Subs. by the Works of Defence (Amdt.) Ordinance, 1961 (34 of 1961), s. 3, for “General Officer Commanding the District” which had been subs. by the 
Indian Works of Defence (Amdt.) Act, 1921 (11 of 1921), s. 3, for “General Officer Commanding the Division”. 
5Subs. by Ordinance 34 of 1961, s.3, for “General Officer Commanding the District” which had been subs. by Act 11 o f 1921, s.3 for General Officer 
Commanding the Division, District or Brigade”. 
 
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 (iv)  where any building, wall, bank or other constru ction above the ground 
has been permitted under clause (i) of this sub-section to be maintained, 
erected, added to or altered, repairs shall not, without the written 
approval of the 1[General Officer Commanding the Division], be made 
with materia ls different in kind from those employed in the original 
building, wall, bank or other construction. 
(b)  Within a second boundary which may extend to a distance of one thousand yards 
from the crest of the outer parapet of the work, the restrictions enumerated in 
clause (a) shall apply with the following additional limitations, namely:___ 
2[(i)  no building, wall, bank or other construction of permanent mate rials 
above the ground shall be maintained otherwise than with the written 
approval of the  3[General Officer Commanding the  Division] and on 
such conditions as he may prescribe, and no such building, wall, bank 
or other construction shall be erected:] 
Provided that, with the written approval o f the 1[General Officer Commanding the Division]  
and on such conditions as he may prescribe, huts, fences or  other constructions of wood or other 
materials, easily destroyed or removed, may be maintained, erected, added to or altered: 
Provided, also, that any person having control of the land as owner, lessee or occupier shall be bound 
forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon 
an order in writing signed by the 1[General Officer Commanding the Division] ; and 
(ii)  live hedges, rows or clumps of trees or orchards shall not be maintained, 
planted, added to or altered otherwise than with the written approval of 
the 4[General Officer Commanding the Division] and on such conditions 
as he may prescribe. 
(c)  Within a third boundary which may extend to a distance  of five hundred yards 
from the crest of the outer parapet of the work, the restrictions enumerat ed in 
clauses (a) and (b) shall apply with the following additional limitation, namely:-  
no building or other construction on the surface, and no excavation,  building or other 
construction below the surface, shall be maintained or erected: 
Provided that, with the written approval of the Commanding Officer and on such conditions as 
  he may prescribe, 5[a building or other construction on the  surface may be maintained 
  and] open railings and dry brush-wood fences may be exempted from this prohibition. 
 
 
1Subs. by the Works of Defence (Amdt.) Ordinance, 1961 (34 of 1961), s. 3, for “General Officer Commanding the District” which had been subs. by the 
Indian Works of Defence (Amdt.) Act, 1921 (11 of 1921), s. 3, for “General Officer Commanding the Division”. 
2Subs. by the Indian Works of Defence (Amdt.) Act, 1940 (28 of 1940), s. 2 (a), for the original cl. (i). 
3Subs. by Ordinance 34 of 1961, s. 3, for “General Officer Commanding the District”. 
4Subs. by the Works of Defence (Amdt.) Ordinance, 1961 (34 of 1961), s. 3, for “General Officer Commanding the District” which had been subs. by the 
Indian Works of Defence (Amdt.) Act, 1921 (2 of 1921), s. 3, for “General Officer Commanding the Division, District or Brigade”. 
5Ins. by the Indian Works of Defence (Amdt.) Act, 1940 (28 of 1940), s. 2 (b). 
 
 
 
 
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1[7A. Restrictions with reference to airfield. From and after the publication of the notice  
mentioned in section 3, sub-section (2), such of the following restrictions as the 2[Federal Government] 
may in its discretion declare therein shall attach with reference to the land in the vicinity of an airfield, 
namely:___ 
(a)  No variation shall be made in the ground level, and no building, w all or other 
construction above the ground level and no obstruct ion or ditch shall be 
permitted in the Clearance Area. 
(b)  No building, wall, bank or other construction above the ground level shall be 
maintained, erected, added to or altered in the Funnel A rea, Area of Restricted 
Height, Transition Surface, Inner Conical Surface and Outer Horizontal 
Surface, otherwise than  with the written approval of the General Officer 
Commanding the Division, and on such conditions as he may prescribe.] 
8. Land to be marked out, measured, registered and planned. As soon as may be after the 
publication of the declaration aforesaid, the Collector shall caus e the land to be marked out and 
measured, and shall also prepared a register and a detailed plan, which shall be on a scale not smaller 
than six inches to the mile, showing accurately every building, tree and other obstruction. 
9. Notice to persons interested.___ (1) At any time before the expiration of- 
(a)  the period of eighteen months from the publication of the declaration referred 
to in section 3, or 
(b)  such other period not exceeding three years from the said publication as the 
2[Federal Government] 3* * * may, by notification in  the 4[official Gazette], 
direct in this behalf, the Collector shall cause public notice to be given at 
convenient places on or near the land, stating the effect of the said declaration 
and that claims to compensation for all int erests in such land affecte d by 
anything done or ordered in pursuance of such declaration may be made to him: 
Provided that, where anything has been done in exercise of the powers conferred, in case of  
emergency, by section 6, sub -section (3), the notice prescribed by this se ction shall be given as soon 
as may be thereafter. 
(2) Such notice shall state the particulars of any damage ordered to be done or, in the case  
referred to in section 6, sub -section (3), done in exercise of any of the powers conferred by the said 
section, and the particulars of any restrictions attaching to the land under s ection 7, and shall require 
all persons interested in the land to appear personally or by agent before th e Collector at a time and 
place therein mentioned (such time not being earlier than fifte en days after the date of publication of 
the notice), and to state the nature of their respective interests in the land and the amount and particulars 
of their claims to compensation for damage to such interests and their objectio ns (if any) to the 
measurements made under section 8. The Collector may in any case require such statement to be made 
in writing and signed by the party or his agent. 
 
1S. 7A added by Ordinance 34 of 1961, s. 4. 
2Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, 
3The words “with the previous sanction of the G. G. in C.”, rep., by A. O., 1937. 
4Subs. ibid., for “local official Gazette”. 
 
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(3) The Collector 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, as reside or have agents authorised to receive service on their behalf, within the revenue-
district in which the land is situate. 
(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall 
be sent to him by post in a letter addressed to him at his last kno wn residence, address or, place of 
business. 
10. Power to require and enforce the making of statements as to names and interests. The 
Collector may also require any such person to make or deliver to him , at a time and place mentioned 
(such time not being earlier than fifteen days after the date of the requisition), a statement containing, 
so far as may be practicable, the name of every other person possessing any interest in the land or any 
part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such 
interest, and of the rents and profits (if any) received or receivable on account thereof for three years 
next preceding the date of the statement. 
11. Application of certain sections of the Pakistan Penal Code. Every person required to  
make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so 
within the meaning of sections 175 and 176 of the Pakistan Penal Code (XLV of 1860). 
12. Inquiry and award by Collector. On the day fixed under section 9 or on any other day to 
which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) 
which any person interested has stated pursuant to a notice give n under the said section to the 
measurements made under section 8, and into the decrease in the value of the land, and into the 
respective interests of the persons claiming the compensation, and shall make an award under his hand 
of— 
(a)  the true area of the land and the nature of the obstructio ns from which the land 
is to be kept free ; 
(b)  the compensation which in his opinion should be allo wed for any damage 
caused or to be caused under section 6 and for any restrictions imposed under 
section 7 ; and 
(c)  the apportionment of the said compensation among all t he persons known or 
believed to be interested in the land, of whom or of whose claims h e has 
information, whether they have respectively appeared before him or not. 
13. Award of Collector  when to be final. ___(1) Such award shall be filed in the Collector’s  
office and shall, except as hereinafter provided, be final and conc lusive evidence, as between the 
Collector and the persons interested, whether they have respectively a ppeared before the Collector or 
not, of the true area of the land, the nature of the said obstructions fr om which the land is to be kept 
free, the damage caused or to be caused under section 6, the value of the rights restricted under section 
7, and the apportionment of the compensation among the persons interested. 
(2) The Collector shall give immediate notice of his award to such of the persons interested as 
are not present personally or by their representatives when the award is made. 
14. Adjournment of inquiry. The Collector may, for any cause he thinks fit, from time to time 
adjourn the inquiry to a day to be fixed by him. 
 
Page 13 of 20 
 
15. Power to summon and enforce attendance of witnesses and production of documents. 
For the purpose of inquiries under this Act the Collector shall have power to summon and enforce the 
attendance of witnesses, including the parties interested or any of them, and to compel the production 
of documents, by the same means, and (so far as may be) in the same manner, as is provided in the  
case of a Civil Court under the 1[Code of Civil Procedure 1908 (Act V of 1908)]. 
16. Matters to be considered and neglected. In determining the amount of compensation, the 
Collector shall be guided by the provisions contained in sections 23 and 24. 
17. Suppl ementary proceedings. Whenever the officer exercising powers conferred by 
section 6 considers it necessary that anything in respect of which any person i s or may be entitled to 
compensation but of which no notice has been given or compensatio n awarded, under sections 9 and 
12, respectively, should be done in pursuance of the said powers, the Collector shall cause  
supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and  
subject to the limit of time imposed by sub -section (1) of that section, an d the provisions of sections 
10 to 16 shall, so far as they are applicable, be deemed to apply to any further inquiry and award which 
may be held or made in consequence of such supplementary notice. 
PART III 
 
REFERENCE TO COURT AND PROCEDURE THEREON 
18. Reference to Court.___(1) Any person interested who has not accepted the award may, by  
written application to the Collector, require that the matter be re ferred by the Collector for the 
determination of the Court, whether his objection be to the measurement of the land, the amount of the 
compensation, the persons to whom it is payable, or the apportionment of the compensation among the 
persons interested: 
Provided that every such application shall be made,- 
(a)  if the person making it was present or represented before  the Collector at the 
time when he made his award, within six weeks from the date of the Collector’s 
award; 
(b)  in other cases, within six weeks of the receipt of the notice from the Collector 
under section 13, sub -section (2), or within six months from the  date of the 
Collector’s award, whichever period shall first expire. 
(2) The application shall state the grounds on which objection to the award is taken. 
19. Collector’s statement to the Court.___ (1) In making the reference the Collector shall state, 
for the information of the Court, in writing under his hand,- 
(a)  the situation and extent of the land with particulars of any damage caused under 
section 6 or of restrictions imposed under section 7; 
(b)  the names of the persons whom he has reason to think interested in such land ; 
 
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of I981),s. 3 and Second Sch., for “Code  of Civil Procedure Act (XIV of 
1882).” 
 
Page 14 of 20 
 
 (c)  the amount of compensation awarded under section 12 ; and, 
(d)  if the objection be to the amount of the compensation, the grounds on which the 
amount of compensation was determined. 
(2) To the said statement shall be attached a schedule giving the particulars of the notices served 
upon, and of the statements in writing made or delivered by, the parties interested respectively. 
20. Service of notice. The Court shall thereupon cause a notice specifying the day on which 
the Court will proceed to determine the objection, and directing their appearance before the Court on 
that day, to be served on the following persons, namely:___ 
(a)  the applicant; 
(b)  all persons interested in the objection, except such (if  any) of them as have 
consented without protest to receive payment of the compensation awarded; and 
(c)  if the objection is in regard to the area of the land, the nature of the obstructions 
or the amount of the compensation, the Collector. 
21. Restriction on scope of proceedings. The scope of the inquiry in e very such proceeding 
shall be restricted to a consideration of the interests of the persons affected by the objection. 
22. Proceedings to be in open Court. Every such proceeding shall take place in open Court,  
and all persons entitled to practice in any Civil Court in the Province shall be entitled to appear, plead 
and act, as the case may be, in such proceeding. 
23. Matters to be considered in determining compensation.___(1) In determining the amount 
of compensation to be awarded for damage caused, or to  be caused, or for restrictions imposed under 
this Act, the Court shall take into consideration___ 
(a)  the actual decrease in market -value of the land owing to the publication of t he 
declaration relating thereto under section 3 and any damage caused or to  be 
caused under section 6 ; 
(b)  the damage sustained by the person interested, by reason of the removal of any 
standing crops in the exercise of any power conferred by section 6; 
(c)  the damage (if any) sustained by the person interested, by reas on of ceasing to 
be able to use such land conjointly with his other land; 
(d)  the damage (if any) sustained by the person interested by  anything done or 
ordered under sections 6 and 7 injuriously affecting his other property, 
moveable or immoveable, in any other manner, or his earnings ; and, 
(e)  if, in consequence of the imposition of restrictions, the pe rson 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 amount representing the actual decrease in the market-value of the land 
as above provided, the Court shall in every case award a further su m of fifteen per centum on such 
amount. 
 
Page 15 of 20 
 
24. Matters not to be considered in determining compensation. In determining the amount 
of compensation to be awarded for damage caused, or to be caused, or  for restrictions imposed under 
this Act, the Court shall not take into consideration- 
(a)  the degree of urgency which has led to the damage or  the imposition of 
restrictions; 
(b)  any disinclination of the person interested to submit to damage or restrictions; 
(c)  any damage sustained by him, which, if caused by  a private person, would not 
render such person liable to a suit ; 
(d)  any increase to the value of the other land of the person in terested, accruing or 
likely to accrue from anything done under this Act ; or 
(e)  any outlay or improvements on, or disposal of, the l and commenced, made or 
effected without the sanction of the Collector after the date of the publication of 
the declaration under section 3. 
25. Rule s as to amount of compensation. ___(1) When the applicant has made a claim to  
compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court 
shall not exceed the amount so claimed or be less than the amount  awarded by the Collector under 
section 12. 
(2) When the applicant has refused to make such claim or has omitted without sufficient reason 
(to be allowed by th e Judge) to make such claim, the amount a warded by the Court shall in no case 
exceed the amount awarded by the Collector. 
(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make 
such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount 
awarded by the Collector. 
26. Form of awards. Every award under this Part shall be in writing signed by the Judge, and 
shall specify the amount awarded under section 23, sub -section (1), clause (a), and also the amounts 
(if any) respectively awarded under each of the other clauses of the same  sub-section, together with 
the grounds of awarding each of the said amounts. 
27. Costs. ___(1) Every such award shall also state the amount of costs incurr ed in the  
proceedings under this Part, and by what persons and in what proportion they are to be paid. 
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the  
Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he 
was so negligent in putting his case before the Collector that some deduction from his costs should be 
made or that he should pay a part of the Collector’s costs. 
28. Collector may be directed to pay interest on excess compensation. If the sum which, in 
the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum 
which the Collector did award as compensation, the Court may dire ct that the Collector shall pay 
interest on such excess at the rate of six per centum per annum from the date of his award to the date 
of payment of such excess into Court. 
 
 
 
Page 16 of 20 
 
PART IV 
 
APPORTIONMENT OF COMPENSATION 
29. Particulars of apportionment to be specified. Where there are several persons interested, 
if such persons agree in the apportionment of the compensation, the particulars of such apportionment 
shall be specified in the award, and as between such person s the award shall be conclusive evidence 
of the correctness of the apportionment. 
30. Dispute as to apportionment. When the amount of compensation has been settled under  
section 12, if any dispute arises as to the apportionment of the same or  any part thereof, or as to the 
persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the  
decision of the Court. 
PART V 
 
PAYMENT 
31. Payment of compensation or deposit of same in Court.___(1) On making an award under 
section 12, the Collector shall tender payment of the compensation awarded by him to t he persons 
interested entitled thereto according to the award, and shall pay  it to them unless prevented by some 
one or more of the contingencies mentioned in sub-section (2). 
(2) If they do not consent to receive it, or if there is no person competent to alienate the land,  
or if there is any dispute as to the title to receive the compensation or as to the apportionment of it, the 
Collector shall deposit the amount of the compensation in the Court to which a reference under section 
18 would be submitted: 
Provided, first, that any person admitted to be interested may receive such payment under  
protest as to the sufficiency of the amount: 
Provided, secondly, that no person who has received the amount otherwise than under protest  
shall be entitled to make any application under section 18: 
Provided, thirdly, that nothing herein contained shall affect the liability of any person, who  
may receive the whole or any part of any compensation awarded under this Act, to pay the same to the 
person lawfully entitled thereto. 
(3) Notwithstanding anything in this section, the Collector may, with the sanction of the  
l[Federal Government], instead of awarding a money -compensation in respect of any land, make any  
arrangement with a person having a limited interest in such land, either  by the grant of other lands in 
exchange, or by the remission of land-revenue on the same or on other lands held under the same title, 
or in such other way as may be equitable having regard to the interests of the parties concerned. 
(4) Nothing in sub -section (3) shall be construed to interfere with or limit the power of the  
Collector to enter into any arrangement with any person interested in the land and competent to contract 
in respect thereof. 
 
 
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”, which had been subs. by A. O., 1937 for ‘L.G.’ 
 
Page 17 of 20 
 
32. Investment of money deposited in respect of lands b elonging to persons incompetent 
to alienate.___(1) If any money is deposited in Court under section 31, sub -section (2), and it appears 
that the land in respect of which the same was awarded belonged to any person who had no power to  
alienate the same, the Court shall order the money to be invested___ 
(a)  in the purchase of other lands to be held under t he like title and conditions of 
ownership as the land in respect of which such money was deposited is held, or, 
(b)  if such purchase cannot be effected forthwith, then in such Government or other 
approved securities as it thinks fit ; and shall direct the payment of the interest 
or other proceeds aris ing from such investment to the person or persons who 
would for the time being have been entitled to the p ossession of the said land, 
and such moneys shall remain so deposited and invested until the same are 
applied___ 
(i)  in the purchase of such other lands as aforesaid; or 
(ii)  in payment to any person or persons becoming absolutely entitled 
thereto. 
(2) In all cases of moneys deposited to which this section applies, the Court shall order the cost 
of the following matters, including therein all reasonable charges and expenses incident thereto, to be 
paid by the Collector, namely:___ 
(a)  the costs of such investments as aforesaid; 
(b)  the costs of the orders for the payment of the interest or o ther proceeds of the 
securities in which such moneys are for the time being invested, a nd for the 
payment out of Court of the principal of such moneys and the costs of all 
proceedings relating thereto,  except such as may be occasioned by litigation 
between adverse claimants. 
33. Investment of money deposited in other cases. If any money is deposited in Court under 
this Act for any cause other than that mentioned in section 32, th e Court may, on the application of 
any party interested or claiming an interest in such money, order the same to be invested in such  
Government or other approved securities as it thinks fit, and may direct  the interest or other proceeds 
of any such investm ent to be accumulated and paid in such manner as  will, in its opinion, give the 
parties interested therein the same benefit therefrom as they might have had from the land in respect 
of which such money was deposited or as near thereto as may be. 
34. Payment of Interest. When the amount of any compensation awarded under this Act is not 
paid or deposited within fifteen days of making the award, the Collector shall pay the amount awarded 
with interest thereon at the rate of six per centum per annum f rom the date of the award until it is so 
paid or deposited. 
PART VI 
 
MISCELLANEOUS 
35. Service of notices.—(1) Service of any notice under this Act shall be made by delivering  
or tendering a copy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer 
therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge. 
 
Page 18 of 20 
 
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein 
named. 
(3) When such person cannot be found, the service may be made on any adult male member of 
his family residing with him; and, if no such adult male member can be found, the notice may be served 
by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells 
or curies on business, or by fixing a copy thereof in some conspicuous place in the office of the officer 
aforesaid or of the Collector or in the court-house and also in some conspicuous part of the land upon 
which restrictions are to be imposed: 
Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter  
addressed to the person named therein at his last known residence, address or place of business and 
service of it may be proved by the production of the addressee’s receipt. 
36. Penalties. Whoever wilfully— 
(a)  obstructs any person in doing any of the acts authorized by section 4, sect ion 6 
or section 8, or 
(b)  destroys, damages, alters or  otherwise interferes with th e ground-level or any 
work done under section 6, or 
(c)  contravenes any of the provisions of section 7, l[section 7A] or any condition 
prescribed there under, shall be punishable with imprisonment for a term which 
may extend to one month, or with fine which may extend to fifty rupees, or with 
both, and, in the case of a continuing offence, with an additional fine which may 
extend to five rupees for every day after the first in reg ard to which he is 
convicted of having persisted  in the offence; and any expenses incurred in 
removing the effects of his offence may be recovered from him in the manner 
provided by the law for the time being in force for the recovery of fines. 
37. Magistrate to enforce the terms of the Act. If the Collector or officer authorized under  
section 6 is opposed or impeded in doing anything directed or permit ted by this Act, he shall, if a 
Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a Magistrate 2* * * and such 
Magistrate 3* * * shall enforce compliance.  
38. Completion of imposition of restrictions not compulsory, but compensation to be  
awarded when not completed.___(1) The 4[Federal Government] shall be at liberty to withdraw from 
the imposition of any declared restrictions before any of the measur es authorized by section 6 have 
been taken. 
(2) Whenever the 4[Federal Government] withdraws the imposition of any declared restrictions, 
the Collector shall determine the amount of compensation  due for the damage suffered by the owner 
in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person 
interested, together with all costs reasonably incurred by him in the prosecution of the proceedings 
under this Act relating to the said restrictions. 
 
1Ins. by the Works of Defence (Amdt.) Ordinance, 1961 (34 of 1961), s. 5. 
2The words and brackets “or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police” omitted by A. O., 1949, Sch. The words 
“and Bombay” had been subs. for “Bombay and Rangoon” by A. O., 1937. 
3The words and brackets “or Commissioner (as the case may be)” omitted by A. O., 1949, Sch. 
4Subs. by F. A. O., 1975, Art. 2 and Table, for “Central Government’ which had been subs. by A. O.,1937, for “L. G.”, 
 
Page 19 of 20 
 
(3) The provisions of Part III shall apply, so far as may be, to the determination of the  
compensation payable under this section. 
39. Demolition of part o f house or building and imposition of restrictions on part of  
land.___(1) The provisions of this Act shall not be put in force for the purpose of demolishing or  
acquiring the right to demolish a part only of any house, manufactory or other building, if the owner 
desires that the whole of such house, manufactory or building shall be demolished or that the right to  
demolish the whole of it shall be acquired: 
Provided that the owner may at any time before the Collector has made his award under section 
12, by notice in writing, withdraw or modify his expressed desir e that the whole of such house, 
manufactory or building shall be demolished, or that the right to de molish the whole of it shall be 
acquired: 
Provided, also, that, if any question shall arise as to whether any building or other construction 
proposed to be demolished under this Act does or does not fo rm part of a house, manufactory or 
building within the meaning of this section, the Collector shall refer the determination of such question 
to the Court, and such building or other construction shall not be de molished until after the question 
has been determined. 
In deciding on such a reference the Court shall have regard to the question whether the building 
or other construction proposed to be demolished is reasonably required for the full and unimpaired use 
of the house, manufactory or building. 
(2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), 
by a person interested, on account of ceasing to be able to use the land, upon the use and enjoyment of 
which restrictions are to be imposed, conjointly with his other land the 1[Federal Government] is of 
opinion that the claim is unreasonable or excessive, it may at any tim e before the Collector has made 
his award, order the imposition of restrictions upon the whole of the land of which the land upon the 
use and enjoyment of which it was first sought to impose restrictions forms a part. 
(3) In the case provided for by sub -section (2) no fresh declaration or other proceeding under  
sections 3 to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of 
the l[Federal Government] to the person interested, and shall there after proceed to make his award 
under section 12. 
(4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use  and 
enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, 
even though its distance from the crest of the outer parapet of the work exceeds two thousand yards. 
40. Exemption from stamp duty and fees. No award or agreement made under this Act shall 
be chargeable with a stamp duty, and no person claming under any such award or agreement shall be 
liable to pay any fee for a copy of the same. 
41. Notice in case of suits for anything done in pursuance of Act. No suit or other proceeding 
shall be commenced or prosecuted against a ny person for anything done in pursuance of this Act, 
without giving to such person a month’s previous notice in writing of the intended proceeding, and of 
the cause thereof, nor after tender of sufficient amends. 
 
1Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government ", which had been subs. by A. O., 1937, for “L. G.”. 
 
Page 20 of 20 
 
42. Code of Civil Procedure to apply to proceedings before Court. Save in so far as  they 
may be inconsistent with anything contained in this Act, the provisions of the 1[Code of Civil 
Procedure, 1908 (Act V of 1908)] shall apply to all proceedings before the Court under this Act. 
43. Appeals in proceedings before Court. Subject to the provisions of the 1[Code of Civil 
Procedure, 1908 (Act V of 1908)] applicable to appeals f rom original decrees, an appeal shall lie to 
the High Court from the award or from any part of the award of the Court in any proceeding under this 
Act. 
44. Power to make rules. ___ (1) The 2[Federal Government] 3* * * may make rules for  the 
guidance of officers in all matters connected with the enforcement of this Act. 
(2) The power to make rules under sub-section (1) shall be subject to the condition of  the rules being 
made after previous publication. 
(3) All rules made under sub-section (1) shall be published in the 4[official Gazette], and shall 
thereupon have effect as if enacted in this Act. 
 
 
____________ 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 11-09-2024 
1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for “Code of Civil Procedure (XIV of 1882)”. 
2Subs. by F.A. O., 1975, Art. 2 and Table, for “Central Government”, which had been subs. by A. O. 1937, for “G.G. in C”. 
3The words “and the L.G., with the previous sanction of the G.G. in C” rep. by A. O., 1937. 
4Subs. ibid., for “local official Gazette”.