Naval Armaments Act, 1923

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 57bfc4a6e83f701cc58cb5fd33f0c93f43f930a7d77bd3afaf8d84bd4883477e.

Page 1 of 6 
 
 
 
THE NAVAL ARMAMENT ACT, 1923 
 
 
 
CONTENTS 
1.  Short title, extent and commencement 
2.  Definitions 
3.  Restriction on building or equipping vessels of war 
4.  Licences 
5.  Offences against the Act 
6.  Liability of ships to forfeiture 
7.  Seizure, detention and search of ships 
8.  Procedure in forfeiture of ships 
9.  Disposal of forfeit 
10.  Special proof of relevant facts 
11.  Penalties for proceeding to sea after seizure 
12.  Power to enter dockyards, etc. 
13.  Courts by which and conditions subject to which offences may be tried 
14.  Indemnity 
 
 
  
 
 

 
 
Page 2 of 6 
 
THE NAVAL ARMAMENT ACT, 1923 
ACT No. VII or 1923 
[5th March, 1923]  
An Act to give effect in 1[Pakistan] to the Treaty for the Limitation of Naval Armament. 
WHEREAS it is expedient to give effect in 1[Pakistan] to the 2[Treaty for the Limitation of 
Naval Armament and for the Exchange of Information concerning Naval Construction signed in 
London on behalf of His Majesty on the twenty -fifth day of March, 1936]; It is hereby enacted as 
follows; ___ 
1. Short  title, extent and commencement .___(1) This Act may be called the 3[*] Naval 
Armament Act, 1923.  
1[(2) It extends to the whole of Pakistan.]  
(3) It shall come into force on such date as the 4[Federal Government] may, by notification in 
the 5[official Gazette], appoint.  
2. Definitions.___In this Act, unless there is anything repugnant in the subject or context, ___ 
(a)  “competent Court” means the High Court or such other Court having unlimited 
original civil jurisdiction as the 4[Federal Government] may declare to be 
competent Court for the purposes of this Act ;  
(b)  “ship” means any boat, vessel, battery or craft, whether wholl y or partly 
constructed, which is intended to float  or is capable of floating, on water, and 
includes all equipment belonging to any ship ; and  
2[(c)  “the Treaty” means the Treaty for the Limitation of Naval Armament and for 
the Exchange of Information concerning Naval Construction signed in London 
on behalf of His Majesty on the twenty-fifth day of March, 1936.] 
3. Restriction on building or equipping vessels of war.___No person shall, except under and 
in accordance with the conditions of a licence granted under this Act, ___ 
(a)  build any vessel of war, or alter, arm or equip any ship so as to adapt her for use 
as a vessel of war ; or  
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 
2Subs. by Act No. II of 1937, s. 2.  
3Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) Art. 3 and Sch.  
4Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.  
5Subs. by A. O., 1937. 
  
 
 
Page 3 of 6 
 
 (b)  despatch or deliver, or allow to be despatched  or delivered, from any place in 
1[Pakistan] any ship which has been, either wholly or partly, built, altered, 
armed or equipped as a vessel of war in 2[Pakistan] otherwise than under and in 
accordance with any law for the time being in force 2[* * *]. 
4. Licences.___(1) A licence under this Act for any of the purposes  specified in section 3 may 
be granted by the 3[Federal Government], and shall not be refused unless it appears to the 3[Federal 
Government] that such refusal is necessary for the purpose o f securing the observance of the 
obligations imposed by the Treaty; and, where a licence is granted subject to conditions, the conditions 
shall be such only as the 3[Federal Government] may think necessary for the purpose aforesaid.  
(2) An application for  a licence under this section shall be in such form and shall be 
accompanied by such designs and particulars as the 3[Federal Government] may, by general or special 
order, require.  
4[(3) Any person who, in pursuance of a licence granted under sub -section (1) before the 
commencement of the Indian Naval Armament (Amendment) Act, 1937, (II of 1937) is engaged in, 
building any vessel of war or in altering, arming or equipping any ship so as to adapt her for use as a 
vessel of war, or is about to despatch or deliver, or allow to be dispatched or delivered, from any place 
within 1[Pakistan] any ship which has been so built, altered, armed or equipped, either entirely or 
partly, within 1[Pakistan], shall, upon written demand, furnish to tile 3[Federal Government] such 
designs and particulars as may be required by the 3[Federal Government] for the purpose of securing 
the observance of the obligations imposed by the Treaty.]  
5. Offences against the Act.___(1) If any person contravenes any of the provisions, of section 
3 4[or fails to comply with the provisions of sub-section (3) of section 4], he shall be punishable with 
imprisonment for a term which may e xtend to two years, or with fine  which m ay extend to one 
thousand rupees, or with both.  
(2) Where an offence punishable under sub -section (1) has been committed by a company or 
corporation, every director and manager of such company or corporation shall be  punishable 
thereunder unless he proves that the act constituting the offence took place without his knowledge and 
consent.  
(3) Nothing contained in section 517 or section 518 or section 520 of the C ode of Criminal 
Procedure, 1898 (V of 1898), shall be deemed to authorise the destruction or confiscation under the 
order of any Criminal Court of any ship which is liable to forfeiture under this Act or of any part of 
such ship.  
6. Liability of ships to forfeiture. ___Any ship which has been, either wholly or partly, built, 
altered, armed, or equipped as a vessel of war in 1[Pakistan] in contravention of section 3, 2[* * * ]  
shall, if found in 1[Pakistan], be liable to forfeiture under this Act.  
 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 
2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II. 
3Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 1 of 1975), Art. 2 and Table. 
4Ins. by Act No. II of 1937, ss. 4 and 5. 
  
 
 
Page 4 of 6 
 
7. Seizure, detention and search of ships.___(1) Where a ship is liable to forfeiture under this 
Act, ___ 
(a)  any 1[* * *] 2[Executive Magistrate], or  
(b)  any commissioned officer on full pay in the 3[armed forces of Pakistan] 4[* * *] 
or  
(c)  any officer of customs or police -officer not below such rank as may be 
designated in this behalf by the 5[Federal Government],  
may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of 
6[Pakistan], may bring it to any convenient port in 6[Pakistan].  
(2) Any officer taking any action under sub-section (1) shall forthwith report the same through 
his official superiors to the 5[Federal Government].  
(3) The 5[Federal Government] shall, within thirty days of the seizure, either cause the ship to 
be released or make or cause to be made, in the manner, hereinafter provided, an application for the 
forfeiture thereof, and may make such orders for the temporary disposal of the ship as it thinks suitable. 
8. Procedure in forfeiture of ships.___(1) An application for the forfeiture of a ship under this 
Act may be made by , or under au thority from, the 5[Federal Government] to any competent Court 
within the local limits of whose jurisdiction the ship is for the time being.  
(2) On receipt of any such application, the Court shall cause notice thereof and of the date fixed 
for the hearing of the application to be served upon all persons appearing to it to have an interest in the 
ship, and may give such directions for the temporary disposal of the ship as it thinks fit.  
(3) For the purpose of disposing of an application under this section, the Court shall have the 
same powers and follow, as nearly as may be, the same procedure as it respectively has and follows 
for the purpose of the trial of suits under the Code of Civil Procedure, 1908 (V of 1908), and any order 
made by the Court under this section shall be deemed to be a decree, and the provisions of the said 
Code in regard to the execution of decrees shall, as far as they are applicable, apply accordingly. 
(4) Where the Court is satisfied that the ship is liable to forfeiture under this Act, it shall pass 
an order forfeiting the ship to 3[Government]:  
Provided that, where any person having an interest in the ship proves to th e satisfaction of the 
Court that he has not abetted, or connived at, or by his negligence facilitated, in any way, a 
contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it 
may pass such other order as it thinks fit in respect of the ship or, if it be sold , of the sale proceeds 
thereof:  
 
1Omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. 
2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.  
3Subs. by the Central Laws (Adaptation) Order, 1961 (P. O No. 1 of 1961), Art. 2 and Sch., for “military, naval or air service of His Majesty” (with effect 
from the 23rd March, 1950).  
4Omitted by A. O., 1937.  
5Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
6Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). 
 
 
 
Page 5 of 6 
 
Provided further, that in no case shall any ship which has been altered, armed or equipped as a 
vessel of war be released until it has been restored, to the satisfaction of the 1[Federal Government], to 
such condition as not to render it liable to forfeiture under this Act.  
(5) The 1[Federal Government] or any person aggrieved by any order of a Court, other than a 
High Court, under this section may, within three months of the date of such order, appeal to the High 
Court.  
9. Disposal of forfeit.___Where a ship has been forfeited to 2[Government] under section 8, it 
may be disposed of in such manner as the 1[Federal Government] 3[* * *] directs:  
Provided that, where the ship is sold under this section, due regard shall be had to the 
obligations imposed by the Treaty.  
10. Special proof of relevant facts. ___If, in any trial, appeal or other proceeding under the 
foregoing provisions of this Act, any question arises as to whether a ship is a vessel of war or whether 
any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the question 
shall be referred to and determined by the 1[Federal Government], whose decisi on shall be final and 
shall not be questioned in any Court. 
11. Penalties for proceeding to se a after seizure.___(1) Where a ship which has been seized 
or detained under section 7 or section 8 and has not been released by competent authority under this 
Act proceeds to sea the master of the ship shall be punishable with fine which may extend to one 
thousand rupees, and th e owner and any person who sends the ship to sea shall be likewise so 
punishable unless such owner or person proves that the offence was committed without his knowledge 
and consent.  
(2) Where any ship so proceeding to sea takes to sea, when on board there of in the execution 
of his duty, any officer empowered by this Act to seize and detain the ship, the owner and master shall 
further each be liable, on the order of the Court trying an offence punishable under sub-section (1), to 
pay all the expenses of and incidental to such officer being taken to sea, and shall further be punishable 
with fine which may extend to one hundred rupees for every day until such officer returns or until such 
time as would enable him after leaving the ship to return to the port from which he was taken.  
(3) Any expenses ordered to be paid under sub -section (2) may be recovered in the manner 
provided in the Code of Criminal Procedure, 1898 (V of 1898), for the recovery of a fine.  
12. Power to enter dockyards , etc.___(1) Any person empowered by this Act to seize and 
detain any ship may, at any reasonable time by day or night, enter any dockyard, shipyard or other 
place and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under 
this Act, and may search such ship with a view to ascertaining whether the provisions of this Act have 
been or are being duly observed in respect thereof, and every person in charge of or employed in such 
place shall on request be bound to give the person so empowered all reasonable facilities for such entry 
and search and for making such inquiries.  
(2) The provisions of sections 101, 102 and 103 of the C ode of Criminal Procedure, 1898  (V 
of 1898), shall apply in the case of all searches made under this section.  
1Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
2Subs. by the Central Laws (Adaptation) Order, 1949 (P. O. No. 1 of 1961), Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).  
3Omitted by A. O., 1937.  
 
 
Page 6 of 6 
 
 13. Courts by which and conditions subject to which offences may be tried. ___No Court 
inferior to that of a 1[* * * ] Magistrate of the first class shall proceed to the trial of any offence 
punishable under this Act, and no Court shall proceed to the trial of any such offence except on 
complaint made by, or under authority from, the 2[Federal Government].  
14. Indemnity.___No prosecution, suit or other legal proceeding shall lie against any person for 
anything in good faith done or intended to be done under this Act.  
_______ 
THE SCHEDULE 
3[Repealed] 
 
 
               ___________ 
 
 
 
 
 
 
 
 
 
 
 
 
          Date: 08-10-2024 
 
1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch. 
2Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
3Rep. by Act No. II of 1937, s. 6.