WEST PAKISTAN BORDER AREA REGULATION, 1959

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THE WEST PAKISTAN BORDER AREA REGULATION, 1959
(MARTIAL LAW ADMINISTRATOR ZONE ‘B’ REGULATION 
NO. 9 OF 1959)
CONTENTS
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1. Schedule I to Zone ‘B’ Martial Law Regulation No. 9
2. Schedule II to Zone ‘B’ Martial Law Regulation No. 9
3. SCHEDULE III TO ZONE ‘B’ MARTIAL LAW REGULATION NO. 9
1THE WEST PAKISTAN BORDER AREA REGULATION, 1959
(MARTIAL LAW ADMINISTRATOR ZONE ‘B’ REGULATION NO. 9 OF 1959)
[17th March, 1959]
1. (a) This Regulation may be called the West Pakistan Border Area Regulation,  
1959.
(b) It shall come into force with immediate effect.
2. The  provisions  of  this  Regulation,  or  any  order  made  or  direction  issued  
thereunder, shall have effect notwithstanding anything to the contrary in any other law,  
or in any order or decree of Court or other authority, or in any rule of custom or usage,  
or in any contract, instrument, deed or other document.
3. In this Regulation, unless there is anything repugnant in the subject or context:-
(a) “border area” means any area in 2[the Province of the Punjab] along the  
Indo-Pakistan border which falls within five miles form such border  3[as 
further amplified in sub-paragraph II (2) of paragraph 55-A of the West  
Pakistan Rehabilitation Settlement Scheme;]
4[(aa) “Board of Revenue” means the Board of Revenue established under the  
Board of Revenue Act, 1957 (XI of 1957);]
(b) 5[“Boarder Scheme” means the scheme as was referred to in paragraph  
55-A of West Pakistan Rehabilitation Settlement Scheme framed under  
the Pakistan Rehabilitation Act, 1956 (XLII of 1956);]
(c) “committee” means a committee constituted under paragraph 4;
(d) 6[“Evacuee property” means the property which was defined as evacuee  
property in the Pakistan Rehabilitation Act, 1956 (XLII of 1956)];
1 This Regulation was promulgated by Martial Law Administrator Zone B on 17 th March 1959; published in the  
Gazette of West Pakistan (Extraordinary) dated 20 th March 1959; saved and given permanent effect by Article 225 of  
the Constitution of the Islamic Republic of Pakistan (1962).
2 Substituted for the words “West Pakistan” by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) 
Ordinance 1981 (III of 1981)
3 Added by the Martial Law Regulation No.9-G,dated 22.5.1962 (w.e.f. 17.3.1959)
4 Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
5 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
6 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
TEXT
7[(dd) “State land” means the State land placed at the disposal of the Committee  
by the Board of Revenue;]
(e) 8[“West Pakistan Rehabilitation Settlement Scheme” means the scheme  
as  was  prepared  by  the  Rehabilitation  Commissioner,  West  Pakistan  
under section 6 of the Pakistan Rehabilitation Act, 1956 (XLII of 1956)].
4. (a) The Provincial Government, shall, for the purposes of this Regulation,  
constitute a committee or such number of committees as it considers necessary for the  
border area.
(b) A  committee  constituted  under  sub-paragraph  (1)  shall  consist of two  
members,  9[one  to  be  appointed  by  the  Board  of  Revenue  and  the  other  a  
representative of the Pakistan Army to be nominated by the General Headquarters.]
10[(c) The member of the Committee from the Pakistan Army shall be incharge  
of the office of the Committee.
(d) Any one of the members of the Committee present at the Headquarters  
may dispose of any routine matter relating to the functions of the Committee other than  
the allotment or cancellation of land and hearing of cases.]
5. (a) If a committee, after such enquiry as it thinks fit and after giving the person 
affected  an  opportunity  of being heard, is  of the opinion  that any person  residing,  
carrying on business or other occupation, or having property, in a border area, is or has  
been  engaged  in  smuggling  or  in  any  other  activity  prejudicial  to  the  economy  or 
security  of  Pakistan,  it  may,  with  the  previous  approval  in  writing  of  the  Deputy  
Commissioner of the district concerned, declare, by order in writing, such person to be  
an undesirable person and direct him to submit, within such time as may be specified in  
the order, a statement giving full particulars of all immovable property within a border  
area of which he is the owner, or has, in any other capacity, possession or control.
(b) If a person in respect of whom an order under sub-paragraph (a) has been 
made has no immovable property within a border area, he shall, within seven days of  
the receipt of the order, remove himself and shall not enter into, or stay in, any border  
area  without  the  permission  in  writing  of  the  Deputy  Commissioner  of  the  district  
concerned.
6. 11[(a) A Committee may, by order in writing, direct an undesirable person to  
surrender to the Deputy Commissioner of the District or an officer authorized by the  
committee, within such time as may be specified in the order, all immovable property  
7 Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
8 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
9 Substituted  for  the  words  one  being  a  representative  of  the  Rehabilitation  Commissioner  and  the  other  a  
representative of the Pakistan Army” by the the West Pakistan Border Area Regulation, 1959 (Punjab Amendment)  
Ordinance 1981 (III of 1981).
10 Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
11 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
within  a  border area  of which he is the owner, or  has, in  any  other  capacity, the  
possession or control thereof:
Provided that no such order shall be made in respect of any owner or occupancy  
tenant of agricultural land, or any allotment of such land under the West Pakistan  
Rehabilitation  Settlement  Scheme,  other  than  the  Border  Scheme,  unless  such  
compensation as is provided in sub-paragraph (b) of paragraph 8 has been offered.]
(b) An undesirable person in respect of whom an order has been made under  
sub-paragraph (a) shall, within thirty days after the expiry of the period specified in the  
order, remove himself from the border area in which he is found and shall not thereafter  
stay in or enter into, any border area without the permission in writhing of the Deputy  
Commissioner of the district concerned.
7. If any property required to be surrendered under paragraph 6 is not surrendered  
within the period specified in the direction issued thereunder, the Deputy Commissioner  12[****] or any officer authorized by him, or the committee or any officer authorized by it,  
may take possession of the property by evicting any person in possession thereof with  
such force as may be necessary for the purpose. 
8. (a) For the properties surrendered in pursuance of an order under paragraph 6,  
the Provincial Government shall pay such compensation as the committee may, subject  
to sub-paragraphs (b) and (c) and taking into consideration the value of the buildings,  
houses, improvements of land, standing crops and other factors, determine.
(b) In respect of agricultural land, every owner and every occupancy tenant  
and every allottee under the West Pakistan Rehabilitation Settlement Scheme other  
than the Border Scheme, shall be provided with such land in any area outside a border  
area the aggregate productive capacity of which is not, 13[as determined by the Deputy  
Commissioner of the district] less than the aggregate productive capacity of the lands  
surrendered.
14[(c) Any  person  aggrieved  by  the  decision  of  the  committee  regarding  
compensation may appeal, within thirty days of the date on which the decision of the  
Committee is communicated to him, to the Divisional Commissioner concerned and the  
decision of the divisional Commissioner shall be final.]
15[9. A Committee may scrutinize any case of unauthorized occupation of any State  
land or immovable evacuee property in any border area, and after giving an opportunity  
of being heard to the person likely to be affected, direct the person in unauthorized  
occupation of such property to surrender such property to the Deputy Commissioner  
12 Omitted the words “or the Deputy Rehabilitation Commissioner as the case may be” by the West Pakistan Border  
Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
13 Substituted for the words “ as determined in the case of property other than evacuee property by the Deputy  
Commissioner,  and in the  case of evacuee  property  by the Deputy  Rehabilitation  Commissioner”  by the West  
Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
14 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
15 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
within  whose  jurisdiction  such  property  is  situated  failing  which  the  Deputy  
Commissioner or the Committee may take possession of the property by evicting the  
person in possession therefrom with such force as may be necessary for the purpose.]
16[10. (a)  A  Committee  may  scrutinize  allotment  of  any  State  land  or  immovable  
evacuee property within any border area and may, on being satisfied that any allotment  
was made to a person not eligible for allotment, cancel such allotment and direct the  
allottee to surrender forthwith the property to the Deputy Commissioner within whose  
jurisdiction  the  property  is  situated,  failing  which  the  Deputy  Commissioner  or  the  
Committee may take possession of the property by evicting any person therefrom with  
such force as may be necessary for the purpose:
Provided that no such order shall be made unless the person likely to be affected  
thereby is given an opportunity of being heard before the order is passed.
(b) The decision of the Committee under sub-paragraph (a), shall be final.]
11. No  compensation  shall  be  payable  in  respect  of  any  property  which  is  
surrendered in pursuance of paragraph 9 or paragraph 10, or is taken possession of  
under paragraph 7, paragraph 9 or paragraph 10.
12. All properties surrendered or taken possession of under this Regulation shall vest 
in  the  Provincial  Government  free  from  all  encumbrances  17[except  the  evacuee  
property and its sale -proceeds, if any, which will from part of the Compensation Pool  
constituted under section 5 of the Displaced Persons ( Land Settlement) Act, 1958.]
13. 18 [(a) The property surrendered or taken possession of in pursuance of this  
Regulation shall be allotted by the Committee in such manner and on such terms and  
conditions as are prescribed in the Schedules annexed to this Regulation.]
(b) When  any  allotment  has  been  made  under  sub-paragraph  (a),  the  
Committee may take such steps as may be necessary to put the allottee in physical  
possession of the property.
14. (a) For the purposes of holding any enquiry or scrutinizing any allotment, a  
committee shall have the same powers as a civil court trying a suit under the Code of  
Civil Procedure, 1908 (Act V of 1908), in respect of--
(i) summoning and enforcing the attendance of any person and examining  
him on oath or affirmation;
(ii) compelling the discovery and production of any document ; and
(iii) requisitioning any public record from any office.
16 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
17 Added by Martial Law Regulation No.9-D, dated 10.3.1961 (w.e.f. 17.3.1959), and further amended through Martial  
Law Regulation No.9-D (Amendment), dated 7.9.1961
18 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981). 
Previously paragraph 10 was amended by Martial Law Regulation No.9-E, dated 3.7.1961.
(b) No  legal  practitioner  shall  appear  on  behalf  of  any  person  in  any  
proceedings before the committee.
15. (a) No provision of this Regulation, or order made or direction issued thereunder,  
shall be called in question in any court, including the High Court and the Supreme  
Court, or before any authority, except as provided in this Regulation, and no such court  
or authority shall have jurisdiction in respect of any matter arising out of the operation of  
this Regulation.
(b) No such court or authority shall be competent to grant any injunction or  
other order in relation to any proceeding before a committee or before any officer  
exercising any power or discharging any function under this Regulation or under any  
order made or direction issued thereunder. 
16. No suit or other legal proceeding shall lie against Government or against any  
person in respect of anything which is in good faith done or intended to be done under  
this Regulation.
17. Whoever fails to submit any statement required under this Regulation or submits  
a statement which he knows to be false or contravenes any provision of this Regulation  
or any order made or direction issued thereunder shall be punished.
Maximum punishment seven years’ rigorous imprisonment.
19[18. Other  conditions  for  allotment,  etc.,  are  given  in  Schedules  I  to  III  of  this  
Regulation.
18. Notwithstanding any judgment, decree or order of any court an order passed at  
any time before the commencement of this Ordinance by the committee or any of its  
members, in exercise of the authority conferred on the Committee or its members by the 
Regulation, shall not be invalid merely because of any defect in the constitution of the  
Committee  or  the  incompetence  of  the  person  making  the  order  or  the  repeal  of  
evacuee laws by the Evacuee Property and Displaced Persons Laws (Repeal) Act,  
1975 (XIV of 1975), provided any such order was passed with the approval of the  
General  Headquarters,  and  all  such  orders  shall  be  deemed  to  have  been  validly 
passed and shall have, and shall be deemed always to have had, effect accordingly.]
SCHEDULE I TO ZONE ‘B’ MARTIAL LAW REGULATION NO 9.
The following categories of persons will be eligible for allotment of 20[land] for the 
purpose of Regulation 9:-
(1) Claimants who had registered in or got their claim forms transferred to any  
particular estate in the border belt before the 24th December 1952.
19 Added by the Martial Law Regulation No.9-B, dated 3.5.1960 (w.e.f. 17.3.1959). This Martial Law Regulation is  
protected under Article 225(3) of the Constitution of Islamic Republic of Pakistan, 1962. However, in 1981 paragraph  
18 added again through the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III  
of 1981). Both the paragraphs are independent provisions and figured as “18”.
20 Substituted for the words “evacuee land/property” by the West Pakistan Border Area Regulation, 1959 (Punjab  
Amendment) Ordinance 1981 (III of 1981).
(2)  Pre-Independence tenants of evacuee land who hold temporary allotment  
under  a  valid  permit  issued  by  a  proper  Rehabilitation  Authority  who  
cultivate land themselves and reside in the village.
(3) Refugees whose unit of allotment is less than 12 1/2 acres and who have  
already been allotted land under the border scheme may continue to hold  
such allotments provided they fulfil all other conditions applicable under  
the border scheme.
(4) Service and ex-Servicemen recommended by General Headquarters 21[,] 22[Naval Headquarters and Air Headquarters.]
(5) Service and ex-Servicemen already resettled under the scheme subject to  
the scrutiny of their bona fides.
23[(6) Commissioned officers of the Armed Forces approved and recommended  
by General Headquarters, Naval Headquarters and Air Headquarters for  
providing leadership.]
(7) Jammu and Kashmir civilian refugees be considered for allotment of land  
in the border areas of the District Sialkot only on the scale prescribed in  
sub-clause (3) of Schedule II.
(8) Jammu and Kashmir refugees (already settled under the Border Scheme)  
subject to scrutiny of their bona fides.
SCHEDULE II TO ZONE ‘B’ MARTIAL LAW REGULATION NO 9.
The unit of allotment under the scheme will be as follows:-
(1) All persons allotted  land prior  to  the publication of these  Regulations,  
under the Border Scheme, and found eligible on scrutiny will be allotted land on the old  
scale and conditions i.e. 121/2 acres irrigated or 18 acres non-irrigated land.
(2) The new cases will be allotted land on the revised increased scale as  
follows:-
(a) Servicemen and ex-Servicemen upto 25 acres of land.
24[COMMISSIONED OFFICERS OF THE ARMED FORCES]
(b) Fifty acres of land to an officer 25[*****] 26[or more, subject to availability of  
land]
21 Substituted for the full-stop by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959)
22 Added by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959)
23 Substituted by the Martial Law Regulation No.9-F, dated 16.1.1962 (w.e.f. 17.3.1959)
24 Substituted  for  the  heading  “Army  Officers”  by  the  Martial  Law  Regulation  No.9-F,  dated  16.1.1962  (w.e.f.  
17.3.1959)
25 Omitted the words and brackets “(one officer in each Patwar circle)” by the West Pakistan Border Area Regulation,  
1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
26 Added by Martial Law Regulations No.9-A, dated 19.12.1959
(3) Pre-Independence  tenants  of  evacuee  land  and  Jammu  and  Kashmir  
refugees in the Border belt if found eligible will be allotted land on the scale as indicated  
in (1) above.
SCHEDULE III TO ZONE ‘B’ MARTIAL LAW REGULATION NO. 9
Conditions of Allotment of Land/Property under the Border Scheme
1. Allottees must be able-bodied and between the age of 18 to 55 years.
2. An allottee must reside in the estate in which he holds allotment except  
that-
(a) where the allottee is a serving officer, his personal residence in the  
estate may be dispensed with, during the period of his service under  
Government provided at least one of his able bodied relatives or an ex-
service man of the prescribed age resides therein.
(b) where  the  allottee  is  a  service  man  other  than  an  officer  his  
personal residence in the estate will be dispensed with if an able bodied  
representative of the prescribed age resides therein.
3. Allottee or his representative must cultivate the land himself.
4. (a) Allottee  or  his  representative  will  readily  response  to  the  call  from  
appropriate Army or civil authorities in case of an emergency.
(b) In the case of an alarm raised in the locality indicated a raid or similar  
incident the allottee or his representative shall be bound to render immediate help for  
the protection of the life and security of the persons affected.
5. The  allottee  or  his  representative  shall  not  communicate  with  Non-Pakistani  
Nationals  on  any  matter  that  may  be  prejudicial  to  the  interests  of  Pakistan  or  
objectionable on any other ground.
6. The allottee shall not cross the border without proper authority form the District  
Magistrate.
7. The allottee shall not allow the land allotted to him to remain uncultivated for  
more than two successive harvests.
8. If the allottee fails to acquire a house in the village abadi, he should build one  
within a year of the allotment of plot of land for the purpose.
9. The allotment will be subject to payment of such price, terms and conditions as  
may be determined by the Central Government in this respect.
27[10. The allotment shall be liable to be cancelled for breach of any of the conditions  
mentioned in this Schedule provided the allottee is given an opportunity of being heard  
before the allotment is cancelled.]
27 Substituted by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).
28[11. The allotment shall be liable to be cancelled if the land is transferred by the  
allottee to any person without the permission of the General Headquarters.]
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28 Added by the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance 1981 (III of 1981).