{ "schema_version": "qanun-law-text/1", "id": "punjab-code-0ed6a3cd5b850987", "title": "WEST PAKISTAN BORDER AREA REGULATION, 1959", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/VWBTYFBuBT0-", "version": null, "source_snapshot": "2026-08-06T17:06:02Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "027635181529d430cd824f2829d2d710fb6a93316a5f818827eba24c4785f761", "source_sha256": "027635181529d430cd824f2829d2d710fb6a93316a5f818827eba24c4785f761", "text_version_id": "law:punjab-code-0ed6a3cd5b850987:sha256:027635181529d430cd824f2829d2d710fb6a93316a5f818827eba24c4785f761", "quality_flags": [], "encoding": "UTF-8", "text": "THE WEST PAKISTAN BORDER AREA REGULATION, 1959 \r\n(MARTIAL LAW ADMINISTRATOR ZONE ‘B’ REGULATION \r\nNO. 9 of 1959) \r\nCONTENTS \r\n1. ***** \r\n2. ***** \r\n3. ***** \r\n4. ***** \r\n5. ***** \r\n6. ***** \r\n7. ***** \r\n8. ***** \r\n9. ***** \r\n10. ***** \r\n11. ***** \r\n12. ***** \r\n13. ***** \r\n14. ***** \r\n15. ***** \r\n16. ***** \r\n17. ***** \r\n18. ***** \r\n18. ***** \r\n1. Schedule I to Zone ‘B’ Martial Law Regulation No. 9 \r\n2. Schedule II to Zone ‘B’ Martial Law Regulation No. 9 \r\n3. SCHEDULE III TO ZONE ‘B’ MARTIAL LAW REGULATION NO. 9 \r\n \r\n1\r\nTHE WEST PAKISTAN BORDER AREA REGULATION, 1959 \r\n(MARTIAL LAW ADMINISTRATOR ZONE ‘B’ REGULATION NO. 9 OF 1959) \r\n[17th March, 1959] \r\n1. (a) This Regulation may be called the West Pakistan Border Area Regulation, \r\n1959. \r\n (b) It shall come into force with immediate effect. \r\n2. The provisions of this Regulation, or any order made or direction issued \r\nthereunder, shall have effect notwithstanding anything to the contrary in any other law, \r\nor in any order or decree of Court or other authority, or in any rule of custom or u sage, \r\nor in any contract, instrument, deed or other document. \r\n3. In this Regulation, unless there is anything repugnant in the subject or context:- \r\n(a) “border area ” means any area in \r\n2\r\n[the Province of the Punjab] along the \r\nIndo-Pakistan border which falls wit hin five miles form such border \r\n3\r\n[as \r\nfurther amplified in sub -paragraph II (2) of paragraph 55 -A of the West \r\nPakistan Rehabilitation Settlement Scheme;] \r\n4\r\n[(aa) “Board of Revenue” means the Board of Revenue established under the \r\nBoard of Revenue Act, 1957 (XI of 1957);] \r\n(b) \r\n5\r\n[“Boarder Scheme” means the scheme as was referred to in paragraph \r\n55-A of West Pakistan Rehabilitation Settlement Scheme framed under \r\nthe Pakistan Rehabilitation Act, 1956 (XLII of 1956);] \r\n(c) “committee” means a committee constituted under paragraph 4; \r\n(d) \r\n6\r\n[“Evacuee property” means the property which was defined as evacuee \r\nproperty in the Pakistan Rehabilitation Act, 1956 (XLII of 1956)]; \r\n7\r\n[(dd) “State land” means the State land placed at the disposal of the Committee \r\nby the Board of Revenue;] \r\n \r\n1This Regulation was promulgated by Martial Law Administrator Zone B on 17 th March 1959; published in the Gazette of West \r\nPakistan (Extraordinary) dated 20th March 1959; saved and given permanent effect by Article 225 of the Constitution of the Islamic \r\nRepublic of Pakistan (1962). \r\n2Substituted for the words “West Pakistan” by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance \r\n1981 (III of 1981) \r\n3Added by the Martial Law Regulation No.9-G,dated 22.5.1962 (w.e.f. 17.3.1959) \r\n4Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n5Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n6Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n7Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\nTEXT \r\n(e) \r\n8\r\n[“West Pakistan Rehabilitation Settlement Scheme” means the scheme as \r\nwas prepared by the Rehabilitation Commissioner, West Pakistan under \r\nsection 6 of the Pakistan Rehabilitation Act, 1956 (XLII of 1956)]. \r\n4. (a) The Provincial Government, shall, for th e purposes of this Regulation, \r\nconstitute a committee or such number of committees as it considers necessary for the \r\nborder area. \r\n (b) A committee constituted under sub -paragraph (1) shall consist of two \r\nmembers, \r\n9\r\n[one to be appointed by the Board of Reven ue and the other a \r\nrepresentative of the Pakistan Army to be nominated by the General Headquarters.] \r\n \r\n10\r\n[(c) The member of the Committee from the Pakistan Army shall be incharge \r\nof the office of the Committee. \r\n (d) Any one of the members of the Committee pr esent at the Headquarters \r\nmay dispose of any routine matter relating to the functions of the Committee other than \r\nthe allotment or cancellation of land and hearing of cases.] \r\n5. (a) If a committee, after such enquiry as it thinks fit and after giving the person \r\naffected an opportunity of being heard, is of the opinion that any person residing, \r\ncarrying on business or other occupation, or having property, in a border area, is or has \r\nbeen engaged in smuggling or in any other activity prejudicial to the econom y or \r\nsecurity of Pakistan, it may, with the previous approval in writing of the Deputy \r\nCommissioner of the district concerned, declare, by order in writing, such person to be \r\nan undesirable person and direct him to submit, within such time as may be specif ied in \r\nthe order, a statement giving full particulars of all immovable property within a border \r\narea of which he is the owner, or has, in any other capacity, possession or control. \r\n (b) If a person in respect of whom an order under sub-paragraph (a) has been \r\nmade has no immovable property within a border area, he shall, within seven days of \r\nthe receipt of the order, remove himself and shall not enter into, or stay in, any border \r\narea without the permission in writing of the Deputy Commissioner of the distri ct \r\nconcerned. \r\n6. \r\n11\r\n[(a) A Committee may, by order in writing, direct an undesirable person to \r\nsurrender to the Deputy Commissioner of the District or an officer authorized by the \r\ncommittee, within such time as may be specified in the order, all immovable pr operty \r\nwithin a border area of which he is the owner , or has, in any other capacity, the \r\npossession or control thereof: \r\nProvided that no such order shall be made in respect of any owner or occupancy \r\ntenant of agricultural land, or any allotment of such lan d under the West Pakistan \r\n \r\n8Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n9Substituted for the words one being a representative of the Rehabilitation Commissioner and the other a representative of th e \r\nPakistan Army” by the the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n10Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n11Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\nRehabilitation Settlement Scheme, other than the Border Scheme, unless such \r\ncompensation as is provided in sub-paragraph (b) of paragraph 8 has been offered.] \r\n (b) An undesirable person in respect of wh om an order has been made un der \r\nsub-paragraph (a) shall, within thirty days after the expiry of the period specified in the \r\norder, remove himself from the border area in which he is found and shall not thereafter \r\nstay in or enter into, any border area without the permission in writhi ng of the Deputy \r\nCommissioner of the district concerned. \r\n7. If any property required to be surrendered under paragraph 6 is not surrendered \r\nwithin the period specified in the direction issued thereunder, the Deputy Commissioner \r\n12\r\n[****] or any officer authorized by him, or the committee or any officer authorized by it, \r\nmay take possession of the property by evicting any person in possession thereof with \r\nsuch force as may be necessary for the purpose. \r\n8. (a) For the properties surrendered in pursuance of an order under paragraph 6, \r\nthe Provincial Government shall pay such compensation as the committee may, subject \r\nto sub-paragraphs (b) and (c) and taking into consideration the value of the buildings, \r\nhouses, improvements of land, standing crops and other factors, determine. \r\n(b) In respect of agricultural land, every owner and every occupancy tenant \r\nand every allottee under the West Pakistan Rehabilitation Settlement Scheme other \r\nthan the Border Scheme, shall be provided with such land in any area outside a bo rder \r\narea the aggregate produ ctive capacity of which is not, \r\n13\r\n[as determined by the Deputy \r\nCommissioner of the district] less than the aggregate productive capacity of the lands \r\nsurrendered. \r\n \r\n14\r\n[(c) Any person aggrieved by the decision of the committee rega rding \r\ncompensation may appeal, within thirty days of the date on which the decision of the \r\nCommittee is communicated to him, to the Divisional Commissioner concerned and the \r\ndecision of the divisional Commissioner shall be final.] \r\n15\r\n[9. A Committee may scru tinize any case of unauthorized occupation of any State \r\nland or immovable evacuee property in any border area, and after giving an opportunity \r\nof being heard to the person likely to be affected, direct the person in unauthorized \r\noccupation of such property to surrender such property to the Deputy Commissioner \r\nwithin whose jurisdiction such property is situated failing which the Deputy \r\nCommissioner or the Committee may take possession of the property by evicting the \r\nperson in possession therefrom with such force as may be necessary for the purpose.] \r\n \r\n12Omitted the words “or the Deputy Rehabilitation Commissioner as the case may be” by the West Pakistan Border Area Regulation, \r\n1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n13Substituted for the words “ as determined in the case of property other than evacuee property by the Deputy Commissioner, and in \r\nthe case of evacuee property by the Deputy Rehabilitation Commissioner” by the West Pakistan Border Area Regulation, 19 59 \r\n(Punjab Amendment) Ordinance 1981 (III of 1981). \r\n14Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n15Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n16\r\n[10. (a) A Committee may scrutinize allotment of any State land or immovable \r\nevacuee property within any border area and may, on being satisfied that any allotment \r\nwas made to a person not eligible for allotment, cancel such allotment and direct the \r\nallottee to surrender forthwith the property to the Deputy Commissioner within whose \r\njurisdiction the property is situated, failing which the Deputy Commissioner or the \r\nCommittee may take possession of the property by evicting any person there from with \r\nsuch force as may be necessary for the purpose: \r\n Provided that no such order shall be made unless the person likely to be affected \r\nthereby is given an opportunity of being heard before the order is passed. \r\n (b) The decision of the Committee under sub-paragraph (a), shall be final.] \r\n11. No compensation shall be payable in respect of any property which is \r\nsurrendered in pursuance of paragraph 9 or paragraph 10, or is taken possession of \r\nunder paragraph 7, paragraph 9 or paragraph 10. \r\n12. All properties surrendered or taken possession of under this Regulation shall vest \r\nin the Provincial Government free from all encumbrances \r\n17\r\n[except the evacuee property \r\nand its sale -proceeds, if any, which will from part of the Compensation Pool constituted \r\nunder section 5 of the Displaced Persons ( Land Settlement) Act, 1958.] \r\n13. \r\n18\r\n[(a) The property surrendered or taken possession of in pursuance of this \r\nRegulation shall be allotted by the Committee in such manner and on such terms and \r\nconditions as are prescribed in the Schedules annexed to this Regulation.] \r\n (b) When any allotment has been made under sub -paragraph (a), the \r\nCommittee may take such steps as may be necessary to put the allottee in physical \r\npossession of the property. \r\n14. (a) For the purposes of holding any enquiry or scrutinizing any allotment, a \r\ncommittee shall have the same powers as a civil court trying a suit under the Code of \r\nCivil Procedure, 1908 (Act V of 1908), in respect of-- \r\n(i) summoning and enforcing the attendance of any person and examining \r\nhim on oath or affirmation; \r\n(ii) compelling the discovery and production of any document ; and \r\n(iii) requisitioning any public record from any office. \r\n (b) No legal practitioner shall appear on behalf of any person in any \r\nproceedings before the committee. \r\n \r\n16Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n17Added by Martial Law Regulation No.9 -D, dated 10.3.1961 (w.e.f. 17.3.1959), and further amended through Martial Law \r\nRegulation No.9-D (Amendment), dated 7.9.1961 \r\n18Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). Previously \r\nparagraph 10 was amended by Martial Law Regulation No.9-E, dated 3.7.1961. \r\n15. (a) No provision of this Regulation, or order made or direction issued thereunder, \r\nshall be called in question in any court, including the High Court and the Supreme \r\nCourt, or before any authority, except as provided in this Regulation, a nd no such court \r\nor authority shall have jurisdiction in respect of any matter arising out of the operation of \r\nthis Regulation. \r\n (b) No such court or authority shall be competent to grant any injunction or \r\nother order in relation to any proceeding before a committee or before any officer \r\nexercising any power or discharging any function under this Regulation or under any \r\norder made or direction issued thereunder. \r\n16. No suit or other legal proceeding shall lie against Government or against any \r\nperson in respect of anything which is in good faith done or intended to be done under \r\nthis Regulation. \r\n17. Whoever fails to submit any statement required under this Regulation or submits \r\na statement which he knows to be false or contravenes any provision of this Regu lation \r\nor any order made or direction issued thereunder shall be punished. \r\n Maximum punishment seven years’ rigorous imprisonment. \r\n19\r\n[18. Other conditions for allotment, etc. , are given in Schedul es I to III of this \r\nRegulation. \r\n18. Notwithstanding any judgm ent, decree or order of any court an order passed at \r\nany time before the commencement of this Ordinance by the committee or any of its \r\nmembers, in exercise of the authority conferred on the Committee or its members by the \r\nRegulation, shall not be invalid m erely because of any defect in the constitution of the \r\nCommittee or the incompetence of the person making the order or the repeal of \r\nevacuee laws by the Evacuee Property and Displaced Persons Law s (Repeal) Act, \r\n1975 (XIV of 1975), provided any such order w as passed with the approval of the \r\nGeneral Headquarters , and all such orders shall be deemed to have been validly \r\npassed and shall have, and shall be deemed always to have had, effect accordingly.] \r\nSCHEDULE I TO ZONE ‘B’ MARTIAL LAW REGULATION NO 9. \r\n The following categories of persons will be eligible for allotment of \r\n20\r\n[land] for the \r\npurpose of Regulation 9:- \r\n(1) Claimants who had registered in or got their claim forms transferred to any \r\nparticular estate in the border belt before the 24th December 1952. \r\n \r\n19Added by the Martial Law Regulation N o.9-B, dated 3 .5.1960 (w.e.f. 17.3.1959). This Martial Law Regulation is protected under \r\nArticle 225(3) of the Constitution of Islamic Republic of Pakistan, 1962. However, in 1981 paragraph 18 added again through t he \r\nWest Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). Both the paragraphs are \r\nindependent provisions and figured as “18”. \r\n20Substituted for the words “evacuee land/property” by the West Pakistan Border Area Regulation, 1959 (Punjab Amendme nt) \r\nOrdinance 1981 (III of 1981). \r\n(2) Pre-Independence tenants of evacuee land who hold temporary allotment \r\nunder a valid permit issued by a proper Rehabilitation Authority who \r\ncultivate land themselves and reside in the village. \r\n(3) Refugees whose unit of allotment is less than 12 1/2 acres and who have \r\nalready been allotted land under the border scheme may continue to hold \r\nsuch allotments provided they fulfil all other conditions applicable under \r\nthe border scheme. \r\n(4) Service and ex -Servicemen recommended by General Headquarters \r\n21\r\n[,] \r\n22\r\n[Naval Headquarters and Air Headquarters.] \r\n(5) Service and ex-Servicemen already resettled under the scheme subject to \r\nthe scrutiny of their bona fides. \r\n23\r\n[(6) Commissioned officers of the Armed Forces approved and recommended \r\nby General Headquarters, Naval Headquarters and Air Headquarters for \r\nproviding leadership.] \r\n(7) Jammu and Kashmir civilian refugees be considered for allotment of land \r\nin the border areas of the District Sialkot only on the scale prescribed in \r\nsub-clause (3) of Schedule II. \r\n(8) Jammu and Kashmir refugees (already settled under the Border Scheme) \r\nsubject to scrutiny of their bona fides. \r\nSCHEDULE II TO ZONE ‘B’ MARTIAL LAW REGULATION NO 9. \r\nThe unit of allotment under the scheme will be as follows:- \r\n (1) All persons allotted land prior to the publication of these Regulations, \r\nunder the Border Scheme, and found eligible on scrutiny will be allotted land on the old \r\nscale and conditions i.e. 121/2 acres irrigated or 18 acres non-irrigated land. \r\n (2) The new cases will be allotted land on th e revised increased scale as \r\nfollows:- \r\n(a) Servicemen and ex-Servicemen upto 25 acres of land. \r\n24\r\n[COMMISSIONED OFFICERS OF THE ARMED FORCES] \r\n(b) Fifty acres of land to an officer \r\n25\r\n[*****] \r\n26\r\n[or more, subject to availability of \r\nland] \r\n \r\n21Substituted for the full-stop by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959) \r\n22Added by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959) \r\n23Substituted by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959) \r\n24Substituted for the heading “Army Officers” by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959) \r\n25Omitted the words and brackets “(one officer in each Patwar circle)” by the West Pakistan Border Area Regulation, 1959 (Punjab \r\nAmendment) Ordinance 1981 (III of 1981). \r\n26Added by Martial Law Regulations No.9-A, dated 19.12.1959 \r\n (3) Pre-Independence tenant s of evacuee land and Jammu and Kashmir \r\nrefugees in the Border belt if found eligible will be allotted land on the scale as indicated \r\nin (1) above. \r\nSCHEDULE III TO ZONE ‘B’ MARTIAL LAW REGULATION NO. 9 \r\nConditions of Allotment of Land/Property under the Border Scheme \r\n1. Allottees must be able-bodied and between the age of 18 to 55 years. \r\n2. An allottee must reside in the estate in which he holds allotment except that- \r\n(a) where the allottee is a serving officer, his personal residence in the estate \r\nmay be dispensed with, during the period of his service under Government \r\nprovided at least one of his able bodied relatives or an ex -service man of \r\nthe prescribed age resides therein. \r\n(b) where the allottee is a service man other than an officer his personal \r\nresidence in the est ate will be dispensed with if an able bodied \r\nrepresentative of the prescribed age resides therein. \r\n3. Allottee or his representative must cultivate the land himself. \r\n4. (a) Allottee or his representative will readily response to the call from \r\nappropriate Army or civil authorities in case of an emergency. \r\n (b) In the case of an alarm raised in the locality indicated a raid or similar \r\nincident the allottee or his representative shall be bound to render immediate help for \r\nthe protection of the life and security of the persons affected. \r\n5. The allottee or his representative shall not communicate with Non -Pakistani \r\nNationals on any matter that may be prejudicial to the interests of Pakistan or \r\nobjectionable on any other ground. \r\n6. The allottee shall not cross t he border without proper authority form the District \r\nMagistrate. \r\n7. The allottee shall not allow the land allotted to him to remain uncultivated for \r\nmore than two successive harvests. \r\n8. If the allottee fails to acquire a house in the village abadi, he sho uld build one \r\nwithin a year of the allotment of plot of land for the purpose. \r\n9. The allotment will be subject to payment of such price, terms and conditions as \r\nmay be determined by the Central Government in this respect. \r\n27\r\n[10. The allotment shall be liabl e to be cancelled for breach of any of the conditions \r\nmentioned in this Schedule provided the allottee is given an opportunity of being heard \r\nbefore the allotment is cancelled.] \r\n28\r\n[11. The allotment shall be liable to be cancelled if the land is transferred by the \r\nallottee to any person without the permission of the General Headquarters.] \r\n \r\n27Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). \r\n____________________ \r\n \r\n28Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-0ed6a3cd5b850987:sha256:027635181529d430cd824f2829d2d710fb6a93316a5f818827eba24c4785f761:chars-0-1778:2e074f9ea9c595836b065d4edc97a7594d3a9e145ddd50cb4699df0245fae479", "character_start": 0, "character_end": 1778, "utf8_byte_start": 0, "utf8_byte_end": 1810, "passage_sha256": "2e074f9ea9c595836b065d4edc97a7594d3a9e145ddd50cb4699df0245fae479", "reader_fragment": "p-0-1778-2e074f9ea9c59583" }, { "passage_id": 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