Last Updated: Monday January 07, 2008

The Defence of Pakistan Ordinance, 1965

ORDINANCE NO. XXIII OF 1965

6th September, 1965

An Ordinance to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan, and for the trial of certain offences.

whereas it is expedient to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan, and for the trial of certain offences ; and whereas a Proclamation of Emergency issued under clause (1) of Article 30 of the Constitution is in force ; and whereas the President is satisfied that immediate legislation is necessary to meet the emergency;

Now, therefore, in exercise of the powers conferred by clause (4) of Article 30 of the Constitution, read with clause (2) of Article 131 thereof, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the follow­ing Ordinance:—

CHAPTER I

Preliminary

1. Short title, extent and application and commencement. — (1) This Ordinance may be called the Defence of Pakistan Ordinance, 1965.

(2) It extends to the whole of Pakistan, and also applies—

(a) to all citizens of Pakistan, wherever they may be ;

(b) to all servants of the State, including members of the Armed Forces, wherever they may be ;

(c) to all persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the Armed Forces, wherever they may be ; and

(d) to, and to persons on, ships or vessels registered in or chartered for Pakistan, and aircraft so registered or chartered, wherever they may be.

(3) It shall come into force at once.

2. Definitions.  In this Ordinance, unless there is anything repugnant in the subject or context,—

(a) “Armed Forces” means the Naval, Military or Air Force of Pakistan, or any armed forces raised or maintained by Government, including civil armed forces, or any other armed forces attached to or operating with any such Force or forces ;

(b) “citizen” or “citizen of Pakistan” means a person who is or is deemed to be a citizen of Pakistan according to the law relating to citizenship ;

(c) “service of the State” means any employment or post in or under Government, or in connection with the affairs of Government, and includes any defence service, and any other service declared by or under any law for the time being in force to be a service of Pakistan ; and “servant of the State” shall be cons­trued accordingly.

CHAPTER II

Emergency Powers

3. Powers to make rules. — (1) The Central Government may, by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for ensuring the security, the public safety and in­terest and the defence of Pakistan, or for securing the maintenance of public order or the efficient conduct of military operations or prosecution of war, or for maintaining supplies and services essen­tial to the life of the community.

(2) Without prejudice to the generality of the powers con­ferred by sub-section (1), the rules may provide for, or may empower any authority to make orders providing for, all or any of the following matters, namely :—

(i) ensuring the safety and welfare of the Armed Forces, including persons subject for the time being to any law relating to such Forces, or employed in industrial or commercial installations or establishments belong­ing thereto, and of ships and aircraft of Pakistan, and preventing the prosecution of any purpose likely to prejudice the operations of such Forces or of the forces of the allies of Pakistan ;

(ii) prohibiting anything likely to prejudice the training, discipline or health of such Forces and persons ;

(iii) preventing any attempt to tamper with the loyalty of persons in the service of the State, or to dissuade per­sons from entering such service, otherwise than with advice given in good faith to the person dissuaded for his benefit or that of any member of his family or any of his. dependents ;

(iv) preventing anything likely to assist the enemy or, to prejudice the successful conduct of military operation or prosecution of war, including—

(a) communication with the enemy or agents of the enemy,

(b) acquisition, possession without lawful authority or excuse, and publication of information likely to assist the enemy,

(c) contribution to, participation in, or otherwise assisting the floating of loans raised by or on behalf of the enemy, and

(d) advance of money to, or contracts or commercial dealings with, the enemy, enemy subjects or per­sons residing, carrying on business, or being, in enemy territory ;

(iva) the confiscation, administration, management and disposal, by way of transfer or otherwise, of property belonging to, or held or managed on behalf of, the enemy, enemy subjects or persons residing, carrying on business, or being, in enemy territory ;

(v) preventing the spreading without lawful authority or excuse of false reports or the prosecution of any purpose likely to cause disaffection or alarm, or likely to prejudice Pakistan’s relations with foreign powers or to prejudice, the security, the public safety or interest, or the defence of Pakistan, or any part there­of, including the maintenance of supplies and services essential to the life of the community, and the main­tenance of peaceful conditions in any area included in Pakistan, or likely to promote feelings of enmity and hatred between different classes of citizens ;

Explanation.—To point out, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different classes as aforesaid, does not amount to promoting such feelings within the meaning of this clause ;

(vi) requiring the publication of news and information ;

(vii) regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the removal of persons from such areas;

(viii) requiring any person or class of persons to comply with a scheme of defence;

(ix) ensuring the safety of—

(a) ports, dockyards, lighthouses, lightships and aerodromes,

(b) railways, tramways, roads, canals and all other ways of transport by land or water,

(c) post and telegraph ad telephone offices, carrier and wireless stations, signaling apparatus and all other means of communication,

(d) sources and systems of water supply, works for the supply of water, gas or electricity, and all other works for public purposes,

(e) vehicles, vessels and aircraft, and the rolling stock of railways and tramways,

(f) warehouses and all other places used or intended to be used for storage purposes,

(g) mines, oil-fields, factories or industrial or commercial undertakings,

(h) all works and structures being part of, or connect­ed with, anything hereinbefore mentioned in this clause,

(hh) laboratories and institutions where scientific rese­arch is conducted,

(i) any other places or thing used or intended to be used for the purposes of Government or a local authority, or the protection of which is consi­dered necessary or expedient for ensuring the security, the public safety or interest or the defence of Pakistan, or for securing the mainte­nance of public order or the efficient conduct of military operations or prosecution of war, or for maintaining supplies and services essential to the life of the community;

(x) the apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain, as the case may be, suspects, on grounds appearing to such authority to be reasonable, of being of hostile origin, or of having acted, acting, being about to act, or being likely to act in a manner prejudicial to Pakistan’s relations with foreign powers, the security, the public safety or interest, or the defence of Pakistan, or any part thereof, inclu­ding the maintenance of supplies and services essential to the life of the community, and the main­tenance of peaceful conditions in any area included in Pakistan, or prejudicial to the maintenance of public order, or the efficient conduct of military operations or prosecution of war, or with respect to whom such authority is satisfied that his apprehension and detention are necessary for the purpose of prevent­ing him from acting in any such prejudicial manner, the prohibition of such person from entering or resid­ing or remaining in any area, and the compelling of such person to reside and remain in any area, or to do or abstain from doing anything ;

(xa) the demolition, destruction or rendering useless in cases of necessity of any building or other premises or any other property ;

(xi) the control of persons entering, departing from, or travelling in Pakistan, and of foreigners residing or being in Pakistan ;

(xii) prohibiting or regulating traffic, and the use of vessels, buoys, lights and signals, in ports and terri­torial, tidal and inland waters ;

(xiii) regulating the charter of foreign vessels and aircraft ;

(Xiv) regulating the structure and equipment of vessels for the purpose of ensuring the safety thereof and of persons therein ;

(xv) regulating work, including working hours and holi­days, in dockyards, shipyards and aerodromes and other industrial and commercial installations or estab­lishments, whether connected with the Armed Forces or not

(xvi) prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the movement of aircraft, and traffic on railways, tramways, waterways and roads, and reserving, and requiring to be adapted, for the use of the Central Government, all or any accommodation in vessels, aircraft, railways, tram­ways or road vehicles for the carriage of persons, ani­mals or goods ;

(xvii) impressments of vehicles, vessels, aircraft, and animals for transport ;

(xviii) prohibiting or regulating the use of postal, telegraph, wireless or telephonic services, including the taking possession of such services and the delaying, seizing, intercepting or interrupting of postal articles or tele­graphic, wireless or telephonic messages ;

(xix) regulating the delivery otherwise than by postal or telegraphic service of postal articles and telegrams ;

(xx) the control of trade or industry for the purpose of regulating or increasing the supply of, and the obtain­ing of information with regard to, articles or things of any description whatsoever which may be used in connection with the conduct of military operations or the prosecution of war or for maintaining supplies and services essential to the life of the community ;

(xxa) the control of agriculture (including the cultivation of agricultural land and crops to be raised therein) for the purpose of increasing the production and supply of food grains and other essential agricultural products ;

(xxb) the provision, storage and maintenance of commodi­ties and things required for the conduct of military operations or prosecution of war ;

(xxc) the provision, construction, maintenance and altera­tion of buildings, premises or other structures or excavations required for the conduct of military operations or prosecution of war ;

(xxd) the securing of any building, premises or other struc­tures from being readily recognisable in the event of hostile attack by a foreign power ;

(xxi) ensuring the ownership and control of mines and oil-fields by citizens ;

(xxii) controlling the possession, use or disposal of, or dealings in, coin, bullion, bank notes, currency notes, securities or foreign exchange ;

(xxiii) the control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water-supply;

(xxiv) the requisitioning of any property, movable or im­movable, including the taking possession thereof and the issue of any orders in respect thereof ;

(xxv) prohibiting or regulating the possession, use or dis­posal of—

(a) explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunitions of war ;

(b) vessels,

(c) wireless telegraphic apparatus, or any other apparatus capable of transmitting messages,

(d) aircraft, and

(e) photographic and signaling apparatus and any means of recording information ;

(xxvi) prohibiting or regulating the bringing into, or taking out of, Pakistan, of goods or articles of any description (including coin, bullion, bank notes, currency notes, securities and foreign exchange), and applying the provisions of the Sea Customs Act, 1878, and in particular section 19 thereof, to such prohibitions and restrictions ;

(xxvii) prohibiting or regulating the bringing into, or taking out of, Pakistan, and the possession, use or trans­mission of ciphers and other secret means of com­municating information ;

(xxviii) prohibiting or regulating the publication of inven­tions, designs, patents and trade-marks, or results of research work having a bearing on efforts relating to the defence of Pakistan or military operations or the prosecution of war ;

(xxix) preventing the disclosure of official secrets ;

(xxx) prohibiting or regulating meetings, assemblies, fairs and processions ;

(xxxi) preventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything simi­lar thereto, whether such use is calculated to deceive or to prejudice the public safety, the maintenance of public order  the defence of Pakistan, the conduct of military operations or the prosecution of war ;

(xxxii) ensuring the accuracy of any report or declaration legally required of any person ;

(xxxiii) preventing the unauthorized change of names ;

(xxxiv) preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property purporting to be, or resembling, an official person, official document or official property ;

(xxxv) entry into, and search of, any place reasonably sus­pected of being used for any purpose prejudicial to the security, public safety or interest, or the defence of Pakistan, or to the efficient conduct of military operations or prosecution of war, and for the seizure and disposal of anything found there and reasonably suspected of being used for such purpose.

(3) The rules made under sub-section (1) may further—

(i) provide for the arrest and trial of persons contraven­ing any of the rules or any order made there-under;

(ii) provide that any contravention of, or any attempt to contravene, and any abetment of, or attempt to abet, the contravention of any of the provisions of the rules, or any order made under any such provision, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both ;

(iii) provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in the preceding clause has been committed, and for the adjudication of such forfeiture whether by a Court or by any other authority ;

(iv) confer power and impose duties upon the Central Government or any Provincial Government, or upon officers and authorities of any such Government, as respects any matter ;

(v) prescribe the duties and powers of public servants and other persons as regards preventing the contraven­tion of, or securing the observance of, the rules or any order made there-under ;

(vi) provide for preventing obstruction and deception of, and disobedience to any person acting, and inter­ference with any notice issued, in pursuance of the rules or any order made there-under ;

(vii) prohibit attempts by any person to screen from pun­ishment any one, other than the husband or wife of such person, contravening any of the rules or any order made there-under;

(viii) empower or direct any authority to take such action as may be specified in the rules or as may seem neces­sary to such authority for the purpose of ensuring the security, the public safety or interest or the defence of Pakistan ; and

(ix) provide for charging fees in respect of the grant or issue of any licence, permit, certificate or other docu­ment for the purposes of the rules.

(4) The Central Government may by order direct that any power or duty which by rules under sub-section (1) is conferred or imposed upon the Central Government shall in such circumstances and under such conditions, if any, as may be specified in the direc­tion be exercised or discharged—

(a) by any officer or authority subordinate to the Central Government, or

(b) by any Provincial Government or by any officer or authority subordinate to such Government, or

(c) by any other authority.

(5) A Provincial Government may by order direct that any power or duty which has been directed under sub-section (4) to be exercised or discharged by the Provincial Government, shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority, not being an officer or authority sub­ordinate to the Central Government.

(6) Subject to the other provisions of this Ordinance and the rules made there-under, the Commander-in-Chief of the Pakistan Army, the Pakistan Navy or the Pakistan Air Force, or an officer subordinate to and authorized by him in this behalf, may, by general or special order, provide for any of the matters specified in clause (i), or clause (ii) of sub-section (2), or, so far as they relate to Armed Forces, in clause (xv) thereof.

(7) Any rules under this section may be made so as to be retrospective to any date not earlier than the date of the commencement of this Ordinance.

4. Effect of rules, etc., inconsistent with other enactments.  Any rule made under section 3, and any order made under any such rule, shall have effect notwithstanding anything incon­sistent therewith contained in any enactment other than this Ordinance or in any instrument having effect by virtue of any enactment other than this Ordinance.

5. Power to require servants of the state to serve any where. — (1) Notwithstanding anything to the contrary in any rules regulating the terms and conditions of persons in the service of the State, the Central Government, or if so authorized by it, the Provincial Government, may, by order in writing, require any such person to serve in any place in or outside Pakistan, in such capacity and under such Government or authority as may be specified in the order, and every such person to whom any such order is direct­ed shall comply therewith.

(2) The Central Government may, by notification in the official Gazette, make rules regulating the terms and conditions of service of persons to whom orders under sub-section (1) have been directed, and on matters connected therewith.

6. Enhanced penalties. — (1) If any person, with intent to wage war against Pakistan or to assist any State at war with  or engaged in military operations against, Pakistan, contravenes any provision of the rules made under section 3 or any order made under any such rule, he shall be punishable with death, or transportation for life, or imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(2) If any person—

(a) contravenes any such provision of, or any such rule or order made under, the Civil Aviation Ordinance, 1960, as may be notified in this behalf by the Central Government, or

(b) in any area notified in this behalf by the Central Government, contravenes any such provision of, or any such rule made under, the Arms Act, 1878, the Explosives Act, 1884, the Explosive Substances Act, 1908 the Dangerous Cargoes Act, 1953, or the West Pakistan Arms Ordinance, 1965, as may be notified in this behalf by the Central Government,

he shall, notwithstanding anything contained in any of the afore­said Acts or rules made there-under, be punishable with imprison­ment for a term which may extend to five years, or, if his intention is to assist any State at war with or engaged in military operations against, Pakistan or to wage war against Pakistan, with death or transportation for life, or imprisonment for a term which may extend to ten years, and shall in either case also be liable to fine.

(3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of, a provision of any law, rule or order, shall be deemed to have contravened that provision.

7. Temporary amendment of laws.  During the continuance of this Ordinance,—

(1) section 1 of the Geneva Convention Act, 1911, shall have effect as if, in sub-section (1) thereof, for the words “shall be liable on summary conviction to a fine not exceeding ten pounds”, the words “shall be punishable with imprisonment for a term which may extend to six months and shall also be liable to fine” had been substituted ;

(2) the Official Secrets Act, 1923, shall have effect as if,— (a) in section 5 thereof,—

(i) in sub-section (1), after the words “in his posses­sion or control”, the words “any information likely to assist the enemy, as defined in the rules made under the Defence of Pakistan Ordinance, 1965, or”, and after the words “in such a place”, the words “or which relates to, or is used, in a protected area, as defined in the rules made under the Defence of Pakistan Ordinance, 1965, or relates to anything in such an area”, had been inserted ;

(ii) for sub-section (4), the following sub-section had been substituted, namely :—

“(4) A person guilty of an offence under this sec­tion shall be punishable with imprisonment for a term which may extend to five years, or if such offence is committed with intent to wage war against, or to assist any State at war with, or engaged in military operations against, Pakistan, with death or imprison­ment for a term which may extend to ten years, and shall in either case also be liable to fine” ; and

(b) in section 12 thereof, after clause (a), the following clause had been inserted, namely :—

“(aa) an offence under section 5 shall be a cognizable and non-bailable offence ;”;

(3) The Merchant Shipping Act, 1923, shall have effect as if-

(a) in section 289B thereof, in sub-section (1), for the words, figures and brackets “Notwithstanding any­thing contained in section 53 of the Merchant Ship­ping Act, 1894”, the words “Notwithstanding any­thing contained in any other law for the time being in force” had been substituted ; and

(b) section 289D thereof had been omitted ;

(4) the Motor Vehicles Act, 1939 (in this clause referred to as the said Act), shall have effect subject to the following provisions, namely :—

(a) The Central Government may—

(i) by general or special order in writing exempt from all or any of the provisions of Chapter IV of the said Act any transport vehicle used or required for use in connection with any work or purpose declared by the Central Government in the order to be a work or purpose connected with the defence of Pakistan or the maintenance of supplies and services essential to the life of the community ;

(ii) by the same or a like order authorise any authority to issue temporary permits and give directions, not inconsistent with the other provi­sions of the said Chapter, in respect of any such transport vehicles.

(b) If the Central Government by general or special order in writing so directs, the provisions of sub-section (2) of section 38 of the said Act shall have effect in rela­tion to any controlled motor vehicle or class of controlled motor vehicles specified in the order as if the words “not being in any case less than six months” had been omitted.

Explanation.—In this clause “controlled motor vehicle” means a motor vehicle to which the provisions of any order or rules relating to the control of motor transport vehicles made under this Ordinance or otherwise apply for the time being ;

(5) the Pakistan Citizenship Act, 1951, shall have effect subject to the following provision, namely :—

Notwithstanding anything contained in the aforesaid Act, a person residing in the State of Junagadh, Manava-dar or Mongrel shall not be deemed to be a citizen of Pakistan unless he is for the time being so residing under the authority of the Central Government or of a valid travel document granted by or on behalf of the Central Government;

(6) the Press and Publications Ordinance, 1960, shall have effect as if, in section 23 thereof, in sub-section (1), after clause (b), the following clause had been inserted, namely :—

“(bb) directly or indirectly convey any confidential infor­mation, any information likely to assist the enemy or any prejudicial report, as defined in the rules made under the Defence of Pakistan Ordinance, 1965, or are calculated to instigate the contravention of any of those rules, or” ;

(7) the Civil Aviation Ordinance, 1960, shall have effect as if-

(a) in section 5 thereof, in sub-section (2), at the end of clause (y), the following words had been inserted, namely ;— “including the taking of steps necessary to secure compliance with, or to prevent contravention of, the rules regulating such matters, or, where any such rule has been contravened, to rectify, or to enable proceedings to be taken in respect of, such contravention” ;

(b) in section 8 thereof, in sub-section (1), in clause (b), for the words, brackets, letters and figures “clause (i), (j) or (k) of sub-section (2) of section 5”, the words, brackets, letters and figures “clause (f), (g), (k), (f). (p) or (f) of sub-section (2) of section 5, or the commission of an offence punishable under section II,” had been substituted ;

(c) in section 10 thereof, sub-section (3) had been omit­ted ;

(d) in section 11 thereof, after the words “ or water” the words “or in such manner as to interfere with any Armed Forces, ships or aircraft of Pakistan” had been inserted ;

(e) in section 15 thereof, sub-section (2) had been omit­ted ; and

(f) in section 17 thereof, for the words, brackets, letters and figures “clause (1) or clause (r) of sub-section (2) of section 5”, the words, brackets, letters and figures  “clause (e), (f), (g), (k), (f), (m), (p) or (r) of sub­section (2) of section 5, or the commission of an offence punishable under section 11” had been sub­stituted ;

(8) the Pakistan Navy Ordinance, 1961, shall have effect as if, in section 99 thereof, in sub-section (1), in clause (a), for the word “ five “ the word “ three “ had been substituted ; 1

(9) the West Pakistan Press and Publications Ordinance, 1963, shall have effect as if, in section 24 thereof, in sub-section (1), after clause (6), the following clause had been inserted, namely :—

“ (bb) directly or indirectly convey any  confidential information , any  information likely to assist the enemy  or any  prejudicial report, as defined in the rules made under the Defence of Pakistan Ordinance, 1965, or are calculated to instigate the contravention of any of those rules, or “ ; and

(10) the West Pakistan Motor Vehicles Ordinance, 1965, (in this clause referred to as the said Ordinance), shall have  effect subject to the following provisions, namely :—

(a) The Central Government may—

(i) by general or special order in writing exempt from all or any of the provisions of Chapter IV of the said Ordinance any transport vehicle used or required for use in connection with any work or purpose declared by the Central Gov­ernment in the order to be a work or purpose connected with the Defence of Pakistan or the maintenance of supplies and services essential to the life of the community ;

(ii) by the same or a like order authorize any authority to issue temporary permits and give directions, not inconsistent with the other provisions of the said Chapter, in respect of any such transport vehicles,    :

(b) If the Central Government by general or special order in writing so directs, the provisions of sub­section (2) of section 39 of the said Ordinance shall have effect in relation to any controlled motor vehicle or class of controlled motor vehicles specified in the order as if the words “not being in any case less than six months” had been omitted.

Explanation.—In this clause “ controlled motor vehicle “ means a motor vehicle to which the provisions of any order or rules relating to the control of motor transport vehicles made under this Ordinance or otherwise apply for the time being.

 

CHAPTER III

SPECIAL TRIBUNALS

8. Constitution of special tribunals. — (1) The Central Government may, for the whole or any part of Pakistan, constitute Special Tribunals which shall consist of three members appointed by the Central Government.

(2) No person shall be appointed as a member of a Special

Tribunal unless he—

(a) is qualified for appointment as a Judge of High Court ; or

(b) has, for a total period of not less than three years, exercised, whether continuously or not, the powers under the Code of Criminal Procedure,  1898 (hereinafter in this Chapter referred to as the . Code), of any one or more of the following, namely :—

(i) Sessions Judge, Additional Sessions Judge,

(ii) District Magistrate, Additional District Magis­trate.

(3) At least one member of a Special Tribunal shall be qualified for appointment thereto under clause (a) of sub-section (2), and where only one member is so qualified under that clause, at least one other member shall be qualified for appointment under clause (b) of that sub-section by virtue of having exercised powers exclusive of those specified in sub-clause (ii) of the said clause .(b).

9. Jurisdiction of special tribunals.  The Central Government may, by general or special order, direct that a Special Tribunal shall try any offence—

(a) under any rule under section 3, or”

(b) punishable with death, transportation or imprison­ment for a term which may extend to seven years,—

triable by any Court having jurisdiction within the local limits of the jurisdiction of the Special Tribunal, and may in any such order direct the transfer to the Special Tribunal of any particular case from any other Special Tribunal or any other Criminal Court not being a High Court.

10. Procedure of special tribunals. — (1) A Special Tribunal may take cognizance of offences without the accused being committed to it for trial.

(2) Save in cases of trial of offences punishable with death or transportation for life, it shall not be necessary in any trial for a Special Tribunal to take down the evidence at length in writing, but the Special Tribunal shall cause a memorandum of the substance of what each witness deposes to be taken down in the English language, and such memorandum shall be signed by a member of the Special Tribunal and shall form part of the record.

(3) A Special Tribunal shall not be bound to adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.

(4) A Special Tribunal shall not, merely by reason of a change in its members, bound to recall and rehear any witness who has given evidence, and it may act on the evidence already recorded by or produced before it.

(5) After an accused person has once appeared before it, a Special Tribunal may try him in his absence if, in its opinion, (a) such absence has been brought about by the accused himself with a view to impeding the course of justice, or (b) the behaviour of the accused in Court has been such as to impede the course of justice and the Tribunal has on that account ordered his removal from the Court.

(6) In the event of any difference of opinion among the members of a Special Tribunal, the opinion of the majority shall prevail.

(7) The Central Government may, by notification in the official Gazette, make rules providing for—

(i)  the times and places at which Special Tribunals may sit ; and

(ii) the procedure to be adopted in the event of any member of a Special Tribunal being prevented from attending throughout the trial of any accused person.

(8) A Special Tribunal shall, in all matters in respect to which no procedure has been prescribed by this Ordinance or by rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant cases by Magistrates.

11. Exclusion of public from proceedings of special tribunals.  In addition, and without prejudice, to any powers which a Special Tribunal may possess by virtue of any law for the time being in force to order the exclusion of the public from any proceedings, if at any stage in the course of the trial of any person before a Special Tribunal, application is made by the prosecution on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the public safety, and that, for that reason, all or any portion of the public should be excluded during any part of the hearing, the Special Tribunal may make an order to that effect, but the passing of sentence shall in any case take place in public.

12. Powers of special tribunals.  A Special Tribunal may pass any sentence authorised by law, and shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction.

13. Appeals from sentences imposed by special tribunals, etc. — (1) A person sentenced by a Special Tribunal—

(a) to death or transportation for life, or

(b) to imprisonment for a term extending to ten years under section 6 of this Ordinance or under sub­section (4) of section 5 of the Official Secrets Act, 1923, as amended by section 7 of this Ordinance—

shall have a right of appeal to the High Court within whose jurisdiction the sentence has been passed, but save as aforesaid and notwithstanding the provisions of the Code, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence of a Special Tribunal, and no Court shall have authority to revise such order or sentence, or to transfer any case from a Special Tribunal, or to make any order under section 491 of the Code, or have any jurisdiction of any kind in respect of any proceedings of a Special Tribunal.

(2) Chapter XXIX of the Code shall apply to the suspension, remission and commutation of sentences passed by a Special Tribunal, so however, that the powers exercisable by the Provincial Government under that Chapter shall be exer­cised by the Central Government.

 

CHAPTER IV

Supplemental

14. Jurisdiction of ordinary courts. — (1) Except as may be provided in this Ordinance or in any rule made thereunder or in any order made under any such rule by the Central Government or the Provincial Govern­ment or by an officer not below the rank of Collector empowered under sub-section (4) or sub-section (5) of section 3 to make such order, the ordinary criminal and civil Courts shall continue to exercise jurisdiction.

(2) Any provision in any such rule or order as aforesaid to the effect that the decision of any authority, not being a Court, shall be final or conclusive shall be a sufficient excepting provision within the meaning of sub-section (1).

15. Ordinary avocations of life to be interfered with as little as possible.  An authority or a person acting in pursuance of this Ordinance shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest and the defence of Pakistan.

16. Savings as to orders. — (1) No order made in exercise of any power conferred by or under this Ordinance shall be called in question in any Court.

(2) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Ordinance, a Court shall, within the meaning of the Evi­dence Act, 1872, presume that such order was so made by that authority.

17. Protection of action taken under the Ordinance. — (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rules made thereunder or any order made under any such rule.

(2) Save as otherwise expressly provided under this Ordinance, no suit or other legal proceeding shall lie against Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Ordinance or any rules made thereunder or any order made under any such rule.

18. Compensation to be paid in accordance with certain principles for compulsory acquisition of immovable property, etc. — (1) Where under section 19 or by or under any rule made under this Ordinance any immovable property, or a com­mercial or industrial undertaking or any interest in such undertaking is compulsorily acquired or taken possession of for a public purpose, there shall be paid compensation, the amount of which shall be determined in the manner, and in accordance with the principles, hereinafter set out, that is to say—

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

(b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person qualified for appointment as a Judge of High Court ;

(c) the Central Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property acquired, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose ;

(d) at the commencement of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinions is a fair amount of com­pensation ;

(e) the arbitrator in making his award shall have regard to—

(i) the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as the same can be made applicable ; and

(ii) whether the acquisition is of a permanent or temporary character :

Provided that where any property requisitioned under any rule made under this Ordinance is subsequently acquired under section 19 or any such rule, the arbitrator in any proceedings in connection with such acquisition shall, for the purposes of the provisions of the said section 23, take into consider­ation the market-value of the property at the date of its requisition as aforesaid and not at the date of its subsequent acquisition ;

(f) an appeal shall lie to the High Court against any award of an arbitrator except in cases where the amount thereof does not exceed an amount prescribed in this behalf by rule made by the Central Govern­ment ; and

(g) save as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section.

(2) The Central Government may make rules for the purpose of carrying into effect the provisions of this section.

(3) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe—

(a) the procedure to be followed in arbitrations under this section ;

(b) the principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal ;and

(c) the maximum amount of an award against which no appeal shall lie.

19. Power to acquire requisitioned property. — (1) Without prejudice to any power to acquire property conferred by any rule made under this Ordinance, any immovable property, industrial or commercial undertaking or any interest in such undertaking which has been requisitioned under any rule so made may in the manner provided by any such rules for the acquisition of property be acquired by the Central Government in the circumstances hereinafter specified, namely :—

(a) where any works have, during the period of requisition, been constructed on, in or over the property or undertaking wholly or partly at the expense of Government, and the Central Government decides that the value of, or the right to use, such works shall, by means of the acquisition of the property, be preserved or secured for the purposes of Government, or

(b) where the cost to any Government of restoring the property or undertaking to its condition at the time of its requisition as aforesaid would in the determination of the Central Government, be excessive having regard to the value of the property at that time,

and at the beginning of the day on which notice of such acquisition is served or published under the aforesaid rules, the immovable property shall vest in Government free from any mortgage, pledge, lien or similar encumbrance, and the period of the re­quisition thereof shall end.

(2) Any decision or determination of the Central Government under sub-section (1) shall be final, and shall not be called in question in any Court.

(3) For the purposes of this section, “ works “ includes buildings, structures and improvements of every description.

20. Release from requisition. — (1) Where any immovable property, industrial or commercial undertaking or any interest in such undertaking, requisitioned under any rule made under this Ordinance is to be released from such requisition, the Central Government or any person generally or specially authorised by it in this behalf may, after such enquiry, if any, as it or he may in any case consider it necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given.

(2) The delivery of possession of the property to the person specified in an order under sub-section (1) shall be a full discharge of Government from all liabilities in respect of the property, but shall not prejudice any rights in respect of the property to which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given.

(3) Where the person to whom possession of any requisitioned property is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Central Government shall cause a notice declaring that the property is released from requisition to be published in the official Gazette.

(4) When a notice referred to in sub-section (3) is published in the official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof; and Government shall not be liable for any compensation or other claim in respect of the property for any period after the said date. 

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