CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960
CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960
Last Updated: 19600627
CHAPTER 1. PRELIMINARY
1 SHORT TITLE, EXTENT AND COMMENCEMENT
3 DECLARATION OF CAPITAL SITE
CHAPTERII. CONSTITUTION OF THE AUTHORITY
4 CONSTITUTION OF THE AUTHORITY
6 CONSTITUTION OF THE BOARD
7 REMUNERATION AND CONDITIONS OF SERVICE
8 DISQUALIFICATION OF THE MEMBERS
9 DUTIES AND FUNCTIONS OF CHAIRMAN AND OTHER MEMBERS
10 HEADQUARTERS OF THE AUTHORITY AND MEETINGS OF THE BOARD
CHAPTER III. POWERS AND DUTIES OF THE AUTHORITY
11 MASTER PLAN AND MASTER PROGRAMME
12 PREPARATION OF SCHEMES BY LOCAL BODIES OR AGENCIES
13 PREPARATION OF SCHEMES BY AUTHORITY
14 MANNER AND FORM ETC OF SCHEME
15 POWER OF THE AUTHORITY
15 A MUNICIPAL FUNCTIONS
16 BORROWING POWERS
17 EXECUTION OF SCHEME ETC THROUGH LOCAL BODIES ANDAGENCIES
18 UTILIZATION OF BUILDING MATERIAL
19 AMENDMENT OF SCHEMESC
20 REMOVAL, ETC OF BUILDINGS AFTER HEARING
21 SCHEMES TO BE EXECUTED AFTER CALLING OBJECTION
CHAPTER IV. ACQUISITION OF LAND
22 LIABILITY TO ACQUISITION
23 ENTRY UPON LAND, PRELIMINARY SURVEY, ETC
24 COMPENSATION FOR DAMAGE
25 POWER TO ACQUIRE LAND
26 LAND TO BE MARKED OUT, MEASURED AND PLANNED
27 NOTICE TO PERSONS INTERESTED
28 ENQUIRY AND AWARD OF DEPUTY COMMISSIONER
30 MATTER TO BE CONSIDERED IN DETERMINING COMPENSATION
31 FACTORS TO BE IGNORED IN DETERMINING COMPENSATION
32 VESTING OF LAND IN THE AUTHORITY
32 A PAYMENT OF ADDITIONAL COMPENSATION
33 ACQUISITION IN CASES OF URGENCY
33 A TEMPORARY OCCUPATION AND USE OF LAND
33 B PAYMENT OF COMPENSATION TO PERSONS UNDER DISABILITY ANDHEIRS OF DECEASED PERSONS
34 POWER OF DEPUTY COMMISSIONER TO CALL FOR INFORMATION
35 POWER OF AUTHORITY TO GIVE DIRECTIONS TO DEPUTYCOMMISSIONER
36 APPEAL AND REVIEW
36 A DEPUTY COMMISSIONER AND COMMISSIONER TO HAVE POWERS OFCIVIL COURT ETC
36 B FEES ON APPLICATIONS
CHAPTER V. ESTABLISHMENT
37 APPOINTMENT OF OFFICERS AND SERVANTS, ETC
38 RECRUITMENT CONDITIONS OF SERVICE AND DISCIPLINARYPOWERS
39 MEMBERS, OFFICERS, EXPERTS PUBLIC SERVANTS
41 DELEGATION OF POWERS TO CHAIRMAN, ETC
CHAPTER VI. FINANCE
42 CAPITAL DEVELOPMENT AUTHORITY FUND
44 AUDIT AND ACCOUNTS
45 CONSULTATION WITH THE FINANCIAL ADVISOR
CHAPTER VII. PENALTY AND PROCEDURE
46 A CAUSING DAMAGE TO PROPERTY
46 B DISOBEDIENCE OF ORDERS
46 C ATTEMPTS AND ABETMENTS
46 D SUMMARY TRIAL OF OFFENCES
47 COGNIZANCE OF OFFENCES BY COURTS
CHAPTER VIII. MISCELLANEOUS
48 SUBMISSION OF YEARLY REPORTS AND RETURNS
49 POWER TO DISPOSE OF LAND
49 A RECOVERY OF DUES ETC
49 B SUMMARY EJECTMENT OF UNAUTHORIZED OCCUPANTS
49 C REMOVAL OF BUILDING, ETC ERECTED OR USED INCONTRAVENTION OF THIS ORDINANCE
49 D POLICE ASSISTANCE
49 E JURISDICTION OF COURTS BARRED
49 F ADMISSIBILITY OF DOCUMENT OR ENTRY AS EVIDENCE
50 POWER TO MAKE RULES
51 POWER TO MAKE REGULATIONS
52 DISSOLUTION OF THE AUTHORITY AND TRANSFER OF ITS ASSETS AND LIABILITIES TO THE FEDERAL GOVERNMENT AND OTHER AGENCY DETERMINED BY THAT GOVERNMENT
SCHEDULE. LIMITS OF THE CAPITAL SITE
THE CAPITAL DEVELOPMENT AUTHORITY ORDINANCE, 1960.
ORDINANCE NO. XXIII OF 1960
[27th June, 1960]
An Ordinance to establish a Capital Development Authority.
WHEREAS it is expedient to establish a Capital Development Authority for making all arrangements for the planning and development of Islamabad with in the framework of a regional development plan;
NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:___
1. Short title, extent and commencement. ___ (1) This Ordinance may be called the Capital Development Authority Ordinance, 1960.
(2) It extends to the Specified Areas.
(3) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,___
(a) “agency” means any department or organization of the 1[Federal] or Provincial Government and includes a corporation, or other autonomous or semiautonomous body set up by the 1[Federal] or Provincial Government;
(b) “Authority” means the Capital Development Authority established under section 4;
(c) “Board” means the Board constituted under section 6;
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central”.
(d) “building” includes any factory, industrial or business establishment, shop, godown, warehouse, house, outhouse, hut, hutment, shed, garage, stable, well or platform, and any other structure, whether meant for residential or business purposes or not, made of masonry, bricks, wood, mud, thatch, metal or any other material, but does not include a temporary structure made for purposes connected with agriculture;
(e) “Capital Site” mean s the part or parts of the Specified Areas declared to be the site for the Pakistan Capital under section 3;
(f) “Chairman” means the Chairman of the Authority.
(g) “Commissioner” means the Commissioner of the Division concerned, and includes any other officer appointed by the Authority to exercise the powers of the Commissioner under this Ordinance;
(h) “Deputy Commissioner” means the Deputy Commissioner of the District concerned, and includes any other officer appointed by the Authority to exercise all or any of the powers and discharge all or any of the functions of the Deputy Commissioner under this Ordinance;
(i) “land” includes buildings and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;
(j) “local body” means 1[the local body] the local council or the municipal body as defined in clauses (23) 1[(24)] and (27) of Article 3 of Basic Democracies Order, 1959 (P.O. 18 of 1959), or the Cantonment Board,
1 Ins. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 2.
having jurisdiction in the area concerned, and includes an Improvement Trust within such area;
1[(k) “market value” means,___
(i) in relation to land acquired before the first day of January, 1968, the average market value thereof prevailing during the period commencing the first day of January, 1954, and ending on the thirty first day of December, 1958; 2* * *
(ii) in relation to land acquired on or after the first day of January, 1968, the aggregate of the average market value as aforesaid determined with reference to its classification recorded in the Register of Haqdaran Zamin as in force on that day and twenty five percent of such value 2[; and]
2[(iii) in relation to land acquired on or after the first day of January, 1996, the market value as may be determined in accordance with the provision of the Land Acquisition Act, 1894 as applicable in the Province of the Punjab.]
(l) “Members” means a member of Authority;
(m) “regulations” means regulations made under this Ordinance;
(n) “rules means rules made under this Ordinance;
(o) “scheme” means a planning scheme or a development scheme made under this Ordinance;
(p) “Specified Areas” means the areas specified in the Schedule and such other area or areas as may from time to time be included therein by the 3[Federal Government] by notification in the official gazette;
(q) “ViceChairman” means the Vice Chairman of the Authority.”
1 Subs. by the Capital Development Authority (Amdt.) Ordinance, 1968 (7 of 1968), s. 2, for clause (k). 2 Omitted subs. added by Act 3 of 1999, s. 2. 3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
3. Declaration of Capital Site.___(1) The 1[Federal Government] may, from time to time, by notification in the official Gazette, declare any part or parts of the Specified Areas to be site for the Pakistan Capital.
(2) Notwithstanding any thing contained in this Ordinance or in any other law, any such notification as aforesaid may be made so as to be retrospective to any day not earlier than the first day of June,1959, and where a notification is so made, the provisions of the Ordinance shall, in so far as they effect the Capital Site, apply as if this ordinance were promulgated on the day to which the notification is made retrospective.
CHAPTERII.___ CONSTITUTION OF THE AUTHORITY
4. Constitution of the Authority.____(1) There shall be established an authority to be known as the Capital Development Authority for carrying out the purposes of this Ordinance.
(2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire and hold property, both movable and immovable and shall by the said name sue and be sued.
(5) Management.___(1) The general direction and administration of the Authority and its affairs all vest in the Board which may exercise all powers and do all acts and things which may be exercised or done by the Authority.
(2) The Board in discharging its functions shall act on sound principles of development, town planning and housing and shall be guided on questions of policy by such directions as the 1[Federal Government] may from time to time give.
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
(3) If any question arises as to whether any matter is a matter of policy or not the decision of the 1[Federal Government] shall be final.
6. Constitution of the Board.___ (1) The Board shall consist of not less than three members to be appointed by the 1[Federal Government].
(2) The 1[Federal Government] shall appoint a Chairman, a Vice Chairman and a Financial Advisor from amongst the members.
(3) The Chairman and other members shall hold office during the pleasure of the 1[Federal Government] and unless sooner removed the Chairman and the Financial Advisor shall hold office for a period of five years and other members shall hold office for a period of four years.
(4) Any person ceasing to be Chairman, Vice Chairman or member of the Board by reason of the expiry of the terms of his office, shall be eligible for reappointment for another term or for such shorter term as the 1[Federal Government] may decide.
(5) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the Board.
(6) The Chairman or any member may at any time resign:
Provided that his resignation shall not take effect until accepted by the 1[Federal Government].
7. Remuneration and conditions of service. The Chairman and each member shall receive such salary and allowances and shall be subject to such conditions of service as may be determined by the 1[Federal Government].
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
(8) Disqualification of the members. No person shall be or shall continue to be a member who___
(a) is or, at any time, has been convicted of an offence involving moral turpitude; or
(b) is or, at any time, has been adjudicated insolvent; or
(c) is found to be a lunatic or of unsound mind ;or
(d) is a minor; or
(e) has a financial interest in any scheme or a conflicting interest directly or indirectly between his interests as a member and his private interests and has failed to disclose such interest in writing to the 1[Federal Government];
2[(f) If he is for the time being disqualified for membership of any body established by or under any law for the time being in force of which the constituent members are wholly or partly chosen by means of election.]
9. Duties and functions of Chairman and other members.___(1) The Chairman and other members shall discharge such duties and perform such functions as are assigned to them by or under this Ordinance.
(2) Until the Board is duly constituted, the Chairman shall, subject to such directions as the 1[Federal Government] may from time to time give, exercise the powers, discharge the duties and perform the functions of the Board.
(3) The ViceChairman shall have such powers, duties and functions as may be delegated to him by the Chairman.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 2 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
10. Headquarters of the Authority and meetings of the Board.___(1) Until the Authority establishes its headquarters elsewhere within the Specified Areas, its headquarters shall be situated at Rawalpindi.
(2) The meetings of the Board shall be held at such times and places and in such manner as the regulations may provide.
Provided that until regulations are made in this behalf, the meetings of the Board shall be held as and when convened by the Chairman.
CHAPTER III.___POWERS AND DUTIES OF THE AUTHORITY
11. Master Plan And Master Programme. The Authority shall prepare a master plan and a phased master programme for the development of the Capital Site, and may prepare a similar plan and programme for the rest of the Specified Areas, and all such plans and programmes shall be submitted to the 1[Federal Government] for approval.
12. Preparation Of Schemes By Local Bodies Or Agencies. ___(1) The Authority may, pursuant to the master plan and the masterprogramme, call upon and local body or agency operating in the Specified Areas to prepare, in consultation with the Authority a scheme or schemes in respect of matters ordinarily dealt with by such local body or agency and thereupon the local body or agency shall be responsible for the preparation of the scheme or schemes within a reasonable time.
(2) Such schemes, may relate to____
(a) Land use, zoning and land reservation;
(b) Public buildings;
(d) Transportation and communications; highway, roads, streets, railways, aerodromes;
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
(e) Telecommunication, including wireless, television, radio, telephone;
(f) Utilization of water, power and other natural resources;
(g) Community planning, housing, slum clearance, amelioration;
(h) Community facilities including water supply, sewerage, drainage, sewage disposal, electricity supply, gas supply and other public utilities;
(i) preservation of objects or places of historical or scientific interest or natural beauty.
(3) The 1[Federal Government] ,by notification in the official Gazette, add to alter or amend the list of subjects given in subsection (2) and any such addition alteration or modification shall take effect as if it had been enacted in this Ordinance.
(4) The expenditure incurred on the preparation of any such schemes as aforesaid shall be borne as agreed to between the Authority and the local body or agency, and in the event of disagreement between them as may be determined by the 1[Federal Government].
2[(5) No planning or development scheme shall be prepared by any person or by any local body or agency except with the concurrence of the Authority].
13. Preparation of schemes by Authority. The Authority may, pursuant to the master programme, itself prepare, when it considers it desirable to do so in the public interest, schemes for the Specified Areas relating to the matters enumerated in subsection (2) of section 12.
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. 2 Subs. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 3.
14. Manner and form etc., of scheme. All schemes under section 12 and section 13 shall be prepared in such manner and form as the 1[Federal Government] may specify, and shall contain among other things the following information, namely:___
(a) description of the scheme and the manner of its execution;
(b) estimate of costs and benefits;
(c) allocation of costs to the various purposes to be served by the scheme.
15. Power of the Authority.___(1) Subject to the other provisions of this Ordinance and the rules, the Authority may take such measures and exercise such powers as may be necessary for the carrying out of the purposes of this Ordinance.
(2) Without prejudice to the generality of powers conferred by subsection (1), the Authority may___
(i) acquire any land in the specified Areas in accordance with the procedure laid down in Chapter IV;
(ii) undertake any works in the Specified Areas in pursuance of any scheme prepared under Section 13;
(iii) incur any expenditure;
(iv) procure plant, machinery, instruments and materials required for its sue;
(v) enter into and perform all such contracts as it may consider necessary;
(vi) cause studies, surveys, experiments and technical researches to be made or contribute towards the cost of any such studies, surveys, experiments or technical researches made by any other agency at the request of the Authority;
1 Subs. by F.A.O., 1975 Art. 2 and Table, for, “Central Government”.
(vii) issue interim development orders for areas for which a master plan is under preparation and restrict or prohibit by general or special order any change in the use of land and alteration in buildings, structures and installations;
(viii) cause removal of any works obstructing the execution of its scheme;
(ix) seek and obtain advice and assistance for the preparation of any planning scheme or for the execution of any scheme from any local body or agency and such local body or agency shall gives the advice and assistance sought by the Authority to the best of its ability, knowledge and judgment, and the additional expenditure, if any, involves in giving such advice or assistance shall be borne by the Authority.
1[15A Municipal Functions.___(1) During such period and for such areas within the Islamabad Capital Territory as the 2[Federal Government] may by notification in the official Gazette, specify, the Authority may, notwithstanding anything contained in any other law for the time being in force, exercise, and perform such powers and functions as a Municipal Committee may exercise and perform in relation to a Municipality under the Municipal Administration Ordinance, 1960.
(2) For the purpose of subsection (1), the provisions of sections 18,33 to 73, 77 to 106,109,115 to 118 and 122 of the Municipal Administration Ordinance, 1960, (X of 1960) and the Second, Third and Fifth Schedules thereto shall, so far as may be, apply to the Islamabad Capital Territory as they apply to a municipality, references therein___
(a) to, or to the powers and functions of, the Controlling Authority being omitted; and
1 Section 15A ins. by the Capital Development Authority (Amdt.) Act 1966 (22 of 1966), s. 4. 2 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
(b) to Municipal Committee and Government being construed respectively as references to the Authority and the 1[Federal Government].]
16. Borrowing powers.___(1) The Authority may, with the previous approval in writing of the 1[Federal Government], raise funds for the purpose or raising its working capital by issuing bonds and debentures carrying interest at such rates as may be approved by the 1[Federal Government].
(2) The repayment of the principal and the payment of interest due on the bonds
and debentures issued by the Authority shall be guaranteed by the 1[Federal Government].
17. Execution of scheme etc. through local bodies and agencies.___(1) The Authority may require a local body or agency within whose jurisdiction any particular area covered by a scheme lies ___
(a) to execute a scheme in consultation with the Authority;
(b) To take over and maintain any of the works and services in that area;
(c) To enforce regulations, on behalf of the Authority.
(2) The expenditure incurred on the execution of any scheme, or on the taking over or maintenance of any work, or the enforcement of a regulations, under this section, shall be borne as may be agreed to between the Authority and the local body or agency, and, in the event of disagreement, as may be determined by the 1[Federal Government].
2[18. Utilization of Building material.Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement, no person shall without the prior concurrence of the Authority, allocate, exploit or in any manner
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. 2 Subs. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 5, for section 18.
utilize, except for the purpose of his own personal use, such natural resources used as building material as the Authority may, by notification in the official Gazette, specify in this behalf.]
19. Amendment of Schemes. any scheme prepared under section 12 or section 13 may at any time be amended or modified___
(a) In cases where the amended where the amended or modified scheme should exceed the financial powers of the Authority by the authority with the previous approval in writing of the 1[Federal Government] and
(b) In other cases, by the Authority 2[.]
3* * * * * * *
20. Removal, etc., of buildings after hearing. The Authority shall not order or cause any building in the Specified Areas, excluding the Capital Site, to be removed or demolished unless an opportunity of being heard has been given to the owner or occupier thereof, and his objections, if any, have been duly considered, and the Authority is satisfied that removal or demolition of the building is essential to the execution of its schemes.
21. Schemes to be executed after calling objections. The Authority shall not execute or cause to be executed any scheme in the Specified Areas, excluding the Capital Site, unless the persons whose rights and interests are thereby affected have been given a reasonable opportunity to file their objection to such execution, and the Authority has heard such of them as it considers necessary.
CHAPTER IV ___ACQUISITION OF LAND
22. Liability to acquisition. All land within the Specified Area shall be liable to acquisition at any time in accordance with the provisions of this Chapter.
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. 2 Subs. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 6, colon. 3 Proviso omitted ibid.
23. Entry upon sand, preliminary survey, etc.___ (1) It shall be lawful for the Authority, and any member thereof and for the Deputy Commissioner, and any such person as may either generally or specially be authority by the Authority, in this behalf,___
(a) to enter and survey and take levels of any land;
(b) to dig or bore into the subsoil;
(c) to do all other acts necessary to ascertain whether land is adopted for the purposes of this Ordinance;
(d) to set out the boundaries of the land proposed to be acquired and the intended line of the work, if any proposed to be made thereon;
(e) to mark such levels, boundaries and line by placing marks and cutting trenches; and
(f) where it is necessary for the purposes of the survey, taking of levels or marking of line, to cut down and clear away any part of any standing crop, fence or jungle.
(2) No person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof ) without previously giving such occupier at least twentyfour hours notice in writing of his intention to do so.
24. Compensation for damage. Where any damage is caused to any land in consequence of anything done in pursuance of section 23 there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the provisions hereinafter set out, that is to say,___
(a) where the amount of compensation can be fixed by agreement, it shall be fixed in accordance with such agreement; and
(b) where no such agreement can be reached, it shall be fixed by the Deputy Commissioner.
25. Power to acquire land.___ (1) Subject to the other provisions of this Ordinance, the rules made thereunder and the directions of the Authority, the Deputy commissioner may by order in writing acquire any land the purposes of this Ordinance.
(2) No order under sub section (1) shall be issued except on the receipt by the Deputy Commissioner of specified directions from the Authority.
26. Land to be marked out measured and planned. Where any land is proposed to be acquired under Section 25 of Deputy Commissioner shall cause the land (unless it has been already marked out ) to be marked out and measured and if no plan has been made thereof, a plan to be made of the same.
27. Notice to persons interested. ___ (1) The Deputy Commissioner shall then cause public notice to be given at convenient places on or near the land to be take, stating that the 1[Federal Government] intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.
(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Deputy Commissioner at a time and place therein mentioned (such time not being earlier than ten days after the date of publication of the notice), and to state the nature of their respective interests in land and the amount and particulars of their claims to compensation for such interest, and their objections, if any, to the measurements made under section 23, and the Deputy Commissioner may require any such statement to be made in writing and signed by the party or his agent.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
(3) The Deputy Commissioner shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested.
28. Enquiry and award of Deputy Commissioner. On the day so fixed, or on any other day to which the enquiry has been adjourned, the Deputy Commissioner shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to the notice given under Section 27, and into the market value of the land and into the respective interests of the persons claiming the compensation, and shall make an award of____
(i) the true area of the land;
(ii) The compensation which in his opinion should be allowed for the land; and
(iii) The apportionment of such compensation among all the persons known or believed to be interested in the land of whom, or of whose claims, he has information, whether or not they have appeared before him.
29. Compensation. where any land is acquired under this Ordinance there shall be paid compensation, the amount of which shall be determined by the Deputy Commissioner who shall be guided by the provisions of section 30 and 31.
30. Matter to be considered in determining compensation.___(1) In determining the amount of compensation to be awarded for land acquired under this Ordinance the Deputy Commissioner shall take into consideration,
first, the market value of land 1[on the date of order of its acquisition made under section 25];
secondly, the damage sustained by the person interested, by reason of dispossession of any standing crops or trees which may be on the land;
1 Added by Act 3 of 1999, s. 3.
thirdly, the damage, if any sustained by the person interested at the time of taking possession of the land by reason of severing such land from his other land;
fourthly, the damage, if any, sustained by the persons interested at the time of taking possession of the land by the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and;
fifthly, if in consequence of the acquisition of the land the person interested is completed to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
(2) In addition to the value of the land determined as aforesaid, the Deputy Commissioner shall in every case award a sum of fifteen per centum on such value in consideration of the compulsory nature of the acquisition.
1[(3) In relation to land acquired on or after the first day of January,1996 in addition to the value of land determined as aforesaid, the deputy Commissioner shall in every case award a sum of twenty per centum on such value in consideration of the compulsory nature of the acquisition.]
31. Factors to be ignored in determining compensation. In determining compensation as aforesaid, the Deputy Commissioner shall not take into consideration___
first, the degree of urgency which had led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him which, if cause by a private person would not render such person liable to a suit;
1 Added by Act 3 of 1999, s. 3.
fourthly, any increase likely to accrue to the value of the land acquired from the use to which such land will be put on acquisition; and
fifthly, any increase likely to accrue to the value of the other land of the person interested from the use to which the land acquired will be put.
32. Vesting of land in the Authority. Immediately on the making of the award under section 28, the land shall vest in the Authority free from all encumbrances 1[and thereupon the Deputy Commissioner may, after giving reasonable notice to the occupier, enter upon and take possession of the same].
2[32A. Payment of additional compensation. When the amount of the compensation determined under section 29 and sub section (3) of section 30 is not paid or deposited with the Deputy Commissioner on or before taking possession of the land, the Deputy Commissioner shall, in addition to such compensation, pay additional compensation computed at the rate of eight per centum per annum on such compensation from the time of so taking the possession until it has been so paid or deposited.].
33. Acquisition in cases of urgency. In cases of urgency, the Deputy Commissioner may immediately after the publication of the notice mentioned in sub section (1) of section 27 enter upon and taken possession of the land which shall thereupon vest absolutely in the 3[Authority] free from all encumbrances.
Provided that the Deputy Commissioner shall not take possession of any building or part of building under this section without giving to the occupier thereof at least twenty four hours’ notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
4[33A.Temporary occupation and use of land.___(1) Where the Authority requires and land for temporary occupation and use for he purpose of this Ordinance for a period not exceeding five years, it may direct the Deputy Commissioner to take possession of the land in accordance with the provisions of this section for such occupation and use.
1 Added by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 7. 2Added by Act 3 of 1999, s.4. 3Subs. ibid., s. 8 for “Central Government”. 4 Sections 33A and 33B ins. ibid., s. 9.
(2) Upon a direction under sub section (1) in respect of any land, the Deputy Commissioner shall give the persons having interest in the land notice in writing of his intention to take possession of the same for he purpose and period specified therein calling upon such persons to submit within ten days of the receipt of the notice written statement describing the nature and extent of their interest in such land.
(3) The Deputy Commissioner, shall after giving the person having interest in the land an opportunity of being heard, determine the amount of Compensation payable fore the temporary occupation and use of the land at the rate at which it was rented during the preceding agricultural year and, if it was not to rented, at such rate as he may consider fair and equitable, and make an award specifying___
(a) the area and description of the land;
(b) The purpose and the period for which the land is required;
(c) The amount of compensation and shares therein of the person, if there be more than one, entitled thereto; and
(d) The mode of payment of compensation.
(4) After making an award under sub section (3) in respect of any land, the Deputy Commissioner may enter upon and take possession of such land for the purpose and the period specified in the notice under subsection(2).
(5) If it appears that as a result of the occupation and use as aforesaid any land proposed to be taken possession of under this section is likely to be permanently unfit for the use for which it is for the time being used and the owner applies for its acquisition under this Ordinance, the deputy Commissioner shall report the fact to the Authority and shall, if the Authority so direct,___
(a) acquire the land under the Ordinance; or
(b) assess the damage likely to be caused to the land and make an award for reasonable compensation for such damage; or
(c) terminate the proceedings for taking possession of the land.
33B. Payment of compensation to persons under disability and heirs of deceased persons.___ (1) If any person entitled to the payment of any compensation under the Ordinance is a minor, or of unsound mind, or under some other legal disability to receive payment, the Deputy Commissioner may by order direct that the payment of such compensation shall be made to the person applying for it on behalf of the person entitled thereto, if the Deputy Commissioner, after making such enquiry as he may deem fit, is satisfied that the person so applying is the proper person to receive payment for the benefit of the person entitled to compensation.
(2) Where a person entitled to receive compensation under the Ordinance dies after the making of an award, the Deputy Commissioner may, to Provide relief in suitable cases, on the application of the heirs or legal representatives of such person and after holding an enquiry into the title of the appellants, direct that compensation shall be paid to the applicants on such terms and conditions as the Deputy Commissioner may deem fit to impose.
(3) Any person made under subsection (1) subsection (2) shall afford full indemnity to the Authority for the payment made but shall not affect the liability of the person who has received the payment to account therefore to the person lawfully entitled thereto.]
34. Power of Deputy Commissioner to call for information. With a view to acquiring any land or determining any compensation therefore or to carrying out any other purpose of this Ordinance, the Deputy Commissioner may____
(a) require any person, by order in writing, to furnish such information in his possession relating to any land as may be specified in the order;
(b) enter or authorize any person to enter upon any land and take such action as may be necessary.
35. Power of Authority to give directions to Deputy Commissioner. The Authority may give direction to the Deputy Commissioner as respects the exercise of his powers and the discharge of his functions under this Chapter and the Deputy Commissioner shall be guided by, and act in accordance with, such directions.
1[36. Appeal and review.(1) The Authority or any person aggrieved by an award or final order of the Deputy Commissioner may, within fifteen days of such award or order, appeal to the Commissioner.
(2) The Commissioner may, after giving the Authority and the persons affected by the award or order appealed against an opportunity of submitting any objection to the appeal and of being heard, pass such orders thereon as he may thing fit.
(3) The Deputy Commissioner or the Commissioner, either of his own motion or on an application made in this behalf, at any time within five years from date of an award or order made passed by himself or by any of his predecessors in office, including an award or order made or passed before the commencement of the Capital Development Authority (Amendment) Act, 1966, may, after giving the parties concerned a notice and an opportunity of being heard, review the award or order and pass such order thereon as he may deem fit:
Provided that an order under this subsection shall not, except in so far as it corrects an arithmetical, clerical or patent error or mistake in the award or order under review, enhance the amount of compensation awarded.
1 Subs. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966) s. 10, for section 36.
(4) Any amount paid to any person which is found, for any reason including fraud or misrepresentation not to be due or in excess of the amount he is entitled to under the award or order, as reviewed under subsection (3), shall be recoverable by the Authority and the Deputy Commissioner shall call upon such person to refund it.
(5) Subject to the provision of subsection (3), the order of the Commissioner passed on any appeal shall be final and shall not be called in question in any court.]
1[36A. Deputy Commissioner and Commissioner to have powers of civil court etc.(1) The Deputy Commissioner making any enquiry, or conducting any proceedings for an award under this Ordinance, or the Commissioner hearing an appeal or holding a review under section 36, shall have the same powers in respect of the following matters as are vested in a civil court, when trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), namely:
(a) summoning and enforcing attendance of any person and examining him an oath or affirmation;
(b) requiring the discovery and production of any document;
(c) requisitioning any record from any court or office;
(d) issuing commissions for examination of witnesses, inspection or property or making any local investigations;
(e) appointing guardian ad litem or next friends;
(f) adding or substituting representatives of deceased parties to proceedings ;
(g) adding or dropping parties for pending proceedings ;
(h) restoration of cases dismissed for default ;
(i) consolidating and splitting up cases; and
(j) any other matter connected with the holding of an inquiry or hearing of an appeal.
1 Sections 36A and 36B ins. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966) s. 11.
(2) The Deputy Commissioner or the Commissioner exercising powers under this Ordinance shall be deemed to be a court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898), and a proceeding before him shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code (XLV of 1860).
36B. Fees on applications. The Authority may prescribe fees on applications made to it.]
CHAPTER V. ESTABLISHMENT
37. Appointment of officers and servants, etc.(1) The Authority may, from time to time, appoint such officers, servants, experts or consultants as it may consider necessary for the performance of its functions, on such terms and conditions as it may deem fit:
Provided that salaried officers and servants whose remuneration exceeds two thousands and five hundred rupees per mensem shall not be appointed except with the previous approval in writing of the 1[Federal Government].
(2) Subject to the proviso to subsection (1), the Chairman may, in cases of urgency, appoint such officers, servants, experts or consultants and on such terms and conditions as he deems fit:
Provided that every appointment made under this subsection shall be reported to the Authority without unreasonable delay.
38. Recruitment conditions of service and disciplinary powers. The Authority shall lay down the procedure for the appointment of its officers, servants, experts and consultants, and the terms and conditions of their service including the constitution and management of provident fund for them, and shall be competent to take disciplinary action against them.
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
39. Members, officers, experts–public servants. The Chairman, members, officers, servants, experts and consultants of the Authority shall, when acting or purporting to ac in pursuance of any of the provisions of this Ordinance be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860).
40. Indemnity. No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, any member, officer, servant, expert or consultant of the Authority in respect of anything done or intended to be done, in good faith under this Ordinance.
41. Delegation of powers to Chairman, etc. The Authority may, by general or special order, delegate to the Chairman, or a member, or an officer of the Authority, any of its powers, duties or functions under this Ordinance, subject to such conditions as it may think fit to impose.
42. Capital Development Authority Fund. There shall be formed a fund to be known as the “Capital Development Authority Fund” which shall vest in the Authority and shall be utilized by the Authority to meet charges in connection with its functions under this Ordinance including he payment of salaries and other remuneration to the Chairman, members, officers, servants, experts, and consultants of the Authority.
(2) To the credit of Capital Development Authority fund shall be placed,
(a) grants made by the 1[Federal Government];
(b) loans obtained from the 1[Federal Government];
(c) grants made by local bodies;
(d) sale proceeds of movable and immovable property and receipts for services rendered;
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
(e) loans obtained by the Authority with the special or general sanction of the 1[Federal Government].
(f) foreign aid and loans obtained from the International Bank of Reconstruction and Development or from any other source outside Pakistan, with the sanction of, and on such terms as may be approved by, the 1[Federal Government]; and
(g) all other sums receivable by the Authority.
43. Budget.(1) In the month of February each year the Authority shall submit to the 1[Federal Government] for approval a statement of the estimated receipts and expenditure in rupees in respect of the next financial year.
(2) In the manner prescribed by the 1[Federal Government] the Authority shall also submit to the 1[Federal Government] for approval a statement of the estimated receipts and expenditure in foreign exchange in respect of the next financial year.
(3) The Authority shall obtain specific sanction of the 1[Federal Government] in respect of each individual scheme costing rupees twentyfive lacs or more to be financed out of the Capital Development Authority Fund.
44.Audit and accounts.(1) The accounts of the Authority shall be audited by not less than two auditors holding certificates under section 144 of the Companies Act, 1913 (VII of 1913), who shall be appointed by the 1[Federal Government], in consultation with the 2[Auditor General] of Pakistan (hereinafter referred to as the AuditorGeneral) on such remuneration, to be paid by the Authority, as the 1[Federal Government] may fix, and the AuditorGeneral shall have the power to give directions to the auditors in regard to the extent
1Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. 2Subs. ibid., Art. 2 and Sch., for “Comptroller General”.
and method of their audit subject to the provisions of the Companies Act, and to prescribe the forms of accounts to be maintained by the Authority consistent with the requirements of this Ordinance.
(2) Notwithstanding the provisions of the preceding subsection, the Auditor General may either of his own motion or upon a request received in this behalf from the 1[Federal Government] undertake such audit of the accounts of the Authority at such time as may be considered necessary, and the Authority shall, at the time of such audit, produce the account books and connected documents at such place or places as the AuditorGeneral may fix, and furnish such explanations and information as the AuditorGeneral or an officer or officers authorized by him in this behalf may ask for.
(3) Every auditor appointed under subsection (1) shall be given a copy of annual balancesheet of the Authority, and shall examine it together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Authority, and shall at all reasonable times have access to the books, accounts and other documents of the Authority, and may in relation to such accounts examine any member or officer of the Authority.
(4) The auditors shall report to the 1[Federal Government] upon the annual balancesheet and accounts and in their report they shall state whether in their opinion the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of the Authority’s affairs, and in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory.
(5) The 1[Federal Government] may at any time issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Authority for
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
the protection of the interests of the 1[Federal Government] and of the creditors of the Authority or upon the sufficiency of their procedure in auditing the affairs of the authority, and may at any time enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditor if in its opinion the public interest to requires.
(6) The Authority shall comply with every direction issued by the 1[Federal Government] for the rectification of matters objected to in audit.
45. Consultation with the Financial Advisor. Save as provided in the rules or regulations, the Financial Advisor shall be consulted on every proposal of expenditure.
CHAPTER VII__PENALTY AND PROCEDURE
46. Penalty. Whoever contravenes any provision of this Ordinance or of any rules or regulations made or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable with imprisonment which may extend to six months or fine or with both.
2[46A. Causing damage to property. Whoever willfully causes damage or allows damage to be caused to any property which vests in the Authority or unlawfully converts it to his own use or to that of any other person shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
46 B. Disobedience of orders. Whoever, without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Ordinance shall be guilty of an offence punishable under section 46.
1 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”. 2 Sections 46A to 46D ins. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 12.
46C. Attempts and abetments. Whoever attempts to commit or abets the commission of an offence punishable under this Ordinance shall be deemed to have committed that offence.
46D. Summary trial of offences. Any Magistrate or Bench of Magistrates empowered for the time being to try in a summary way the offences specified in subsection (1) of section 260 of the Code of Criminal Procedure 1898 (Act V of 1898), may, if such Magistrate or Bench of Magistrates thinks fit, on application being made in this behalf by the prosecution, try any offence punishable under this Ordinance in accordance with the provisions contained in sections 262 to 265 of the said Code.)
47. Cognizance of offences by Courts. No court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by the Authority or by an officer authorized for the purpose by the Authority.
48. Submission of yearly reports and returns, etc. The Authority shall submit to the 1[Federal Government] as soon as possible after the end of every financial year but before the last day of December next following, a report on the conduct of its affairs for that year.
(2) The 1[Federal Government] may, after giving sufficient notice to the Authority, require it to furnish the Government with
(i) any return, statement, estimate, statistics, or other information regarding any matter under the control of the Authority, or
1Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
(ii) a report on any subject with which the Authority is concerned, or
(iii) a copy of any document in the charge of the Authority;
and the Authority shall comply with every such requisition.
49. Power to dispose of land. The Authority may retain, or may lease, sell, exchange, rent or otherwise dispose of any land vested in it.
1[49A. Recovery of dues, etc. Any sum due to the Authority from, or any sum wrongly paid to, any person under this Ordinance shall be recoverable as arrears of land revenue.
49B. Summary ejectment of unauthorized occupants. The Deputy Commissioner or any person authorized by him or the Authority in this behalf may, after giving fifteen days notice, summarily eject any person in unauthorized occupation of any land or property vested in the Authority and may, for such ejectment, use such force including police force as may be necessary.
49C. Removal of building, etc erected or used in contravention of this Ordinance.(1) If any building, structure, work or land in erected, constructed or used in contravention of the provisions of this Ordinance or of any rule, regulation or order made hereunder, the Deputy Commissioner, or any person empowered in this behalf by the Authority, may, by order in writing, require the owner, occupier, user or person control of such building, structure, work or land to remove, demolish or so alter the building, structure or work, or to desist from using or to so use the land, as to be in accordance with the said provisions.
(2) If an order under subsection (1) in respect of any building, structure work, or and is not complied with within such time as may be specified therein, the Deputy Commissioner, or any person empowered
1Sections 49A to 49E ins. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966) s. 13.
in this behalf by the Authority, may, after giving the person affected by the order an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land and, in so doing, may use such force including police force as may be necessary and may also recover the cost therefore from the person responsible for the erection, construction or use of the building, structure, work or land in contravention of the provisions as aforesaid.
49D. Police assistance. The officerincharge of a policestation shall render such police assistance as the Deputy Commissioner may require in the discharge of his function under this ordinance.
49E. Jurisdiction of courts barred. Save as otherwise provided by this Ordinance no court or other authority shall have jurisdiction to question the legality of anything done or any action taken under the Ordinance by or at the instance of the Authority.
1[49F. Admissibility of document or entry as evidence: A copy of any receipt, application, plan, notice order or other document or of any entry in a register, in the possession of the Authority shall, if duly certified by the legal keeper thereof or other person authorized by the Authority in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matter and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters.]
50. Power to make rules. The 2[Federal Government] may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance:
Provided that no rules shall be made on any of the matters specified in section 38.
1 Section 49F ins. by the Capital Development Authority (Amdt.) Act, 1968 (16 of 1968), s.2. 2 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”.
1[51. Power to make regulations. The Authority may make regulations, not inconsistent with the rules, if any, on all matters for which regulations are necessary or expedient; and such regulations shall be published in the official Gazette.]
52. Dissolution of the Authority and transfer of its assets and liabilities to the Federal Government and other agency determined by that Government.(1) The 2[Federal Government] may, by notification in the official Gazette, declare that the Authority shall be dissolved on such date as may be specified in such notification, and the Authority shall stand dissolved accordingly.
(2) On and from the said date
(a) (i) all properties, funds and dues placed at the disposal of the Authority by the 2[Federal Government] ; and
(ii) all properties, funds and dues exchanged for derived from or otherwise attributable to the properties, funds and dues referred to in subclause (i) which, immediately before the said date, were held by or were realizable by the Authority shall vest in and be reliable by the [Federal Government];
(b) all properties, funds and dues, other than those referred to in cause (a) which immediately before the said date, were vested in or were realizable by the Authority shall vest in and be realizable by such agency as the 2[Federal Government] may determine, and its decision thereon shall be final;
(c) all liabilities which, immediately before the said date, were enforceable against
1 Subs. by the Capital Development Authority (Amdt.) Act, 1966 (22 of 1966), s. 14, for section 51. 2Subs. by F.A.O., 1975 Art. 2 and Table for “Central Government”.
the Authority shall be assumed by and be enforceable against the 1[Federal Government]or such agency as the 1[Federal Government] determines under clause (b) as the case may be;
(d) for the purpose of completing the execution of any scheme which has not been fully executed by the Authority and of realizing properties, funds and dues referred to in clause (a) and (b), the functions of the Authority under his Ordinance shall be discharged by the 1[Federal Government] or by the agency determined by the 1[Federal Government] under clauses (b) and (c), as the case may be; and
(e) the agency referred to in clauses (b),(c) and (d) shall keep such accounts of all moneys respectively received and expended by it under this Ordinance, as the 1[Federal Government] may prescribe.
[See section 2(p)]
LIMITS OF THE CAPITAL SITE
From Triangulation Point 5264 (near Village Nilan Bhotu), Map Ref.191698 (Survey of Pakistan map, scale 1 in, to one mile, sheet No.43 G/1), north east along the Rawalpindi tehsil boundary to spot height 4949 Map Ref. 223713(Survey of Pakistan map, scale 1 in. to 1 mile, sheet 43 G/1); then, south east again along Rawalpindi tehsil boundary to the tehsil boundary and Nala junction at Map Ref. 227707 (Survey of Pakistan map, scale 1 in. to 1
1 Subs. by F.A.O., 1975 Art. 2 and Table for “Central Government”.
mile, sheet No.43 G/1); from here southeast along the Nala to the junction in the nala at Map Ref. 250701 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/1). From this junction south east across the range of hills and via Village Mangial (Map Ref. 268696 ) to village Karlot Map Ref. 287693(Survey of Pakistan Map Scale 1 in. to 1 mile, sheet No.43 (G/1). From village Karlot south east along the Nala to Nala and Kurang Nala junction and along Kurang Nala to Junction of Kurang Nala to junction of Kurang Nala and Murree Road near Village Chatter Parao at milestone 18 and 6 furlongs, Map Ref. 304685 (Survey of Pakistan Map Scale 1 in to 1 mile, sheet No.43 G/1). From here due east across country to the Rawalpindi tehsil boundary of Map Ref. 310683 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 (G/5) and south east along the tehsil boundary to the junction of the tehsil boundary and Kurang Nala at Map Ref. 315676, then north east along the Kurang Nala to the junction of the Nala and tehsil boundary at Map Ref. 327678 (Survey of Pakistan map scale 1 in to 1 mile, sheet No.43 (G/5). From this junction south east across country via spot height 2954 Map Ref. 345664(Survey of Pakistan map, scale 1 in to 1 mile, sheet No.43 G/5) across the range south east to spot height 2276 Map Ref. 358655 (Survey of Pakistan map, scale 1 in to 1 mile sheet No.43 G/5 ) located near Rawalpindi tehsil boundary then southeast along the Rawalpindi tehsil boundary to junction of boundary and Gumrah Kas at Map Ref. 369636 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/6). From this junction south east across country to Village Sambli Tijal on the River Soan, Map Ref. 405615, then along River Soan and Rawalpindi tehsil boundary east up to Map Ref. 457595 (bend in the boundary ) and southwest again along tehsil boundary to a point at Map Ref. 424541 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 G/6) 400 yards south of the Lehtrar Road. Then west along a line parallel to Lehtrar Road (400 yards south of the road ) to a point on Malal Nala at Map Ref. 302523 (Survey of Pakistan map, scale 1 in. to 1 mile,
sheet No. 43 G/2). Then southwest along the Malal Kas to junction Mala Kas and River Korang Map Ref. 225455 (Survey of Pakistan map, scale 1 in to 1 mile, sheet No.43 (G2). From here northwest along River Kurang to the junction of River Kurang and Nala at Map Ref. 172528 (Survey of Pakistan map, scale 1 in to 1 mile, sheet No.43 G/2); then north west along this Nala via Village Sohan Map Ref. 166528 (Survey of Pakistan map, scale 1 in. to 1 mile sheet No.43 G/2) to the junction of Nala and Muree Road near Milestone 6, Map Ref. 154537 Survey of Pakistan map, scale 1 in to 1 mile, sheet No.43 G/2); From this junction south west across country to the bend in Lei Nala (Near village Narala at Map Ref. 138530 (Survey of Pakistan map scale 1 in. to 1 mile, sheet No.43 G/2). Then south west alongwith Lei Nala to junction of Lei Nala and Bedarwali. Map Ref. 119510 (Survey of Pakistan map, scale 1 in to 1 mile, sheet No.43 G/2). Then south alongwith Leh Nala to a point Map Ref. 117479 being junction of Leh Nala and a tributary near point Map Ref. 047477 (Survey of Pakistan Map scale 1 in to 1 mile, sheet No.43(C/14); From this point northwest along the kutcha road to the junction of this Kutcha road and track at Map Ref. 044480 (Survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43, C/14). From here south, west across country to a point 100 yards west of G.T.Road, Map Ref: 040478 (Survey of Pakistan map scale 1. in. to 1 mile sheet No.43 C/14), then north west along a line parallel to the G.T.Road, and at a distance of 100 yards from it to Nicholson Monument at Map Ref. 884568 (Survey of Pakistan Map, scale 1 in to 1 mile, sheet No.43, C/14). Then west along the ridge of Margalla Range via spot heights 2613,2981,3371 and 3338 to triangulation point height 3352, Map Ref. 979604 on the boundary line of districts Hazara and Rawalpindi (survey of Pakistan map, scale 1 in. to 1 mile, sheet No.43 C/14). Then east along this boundary line back to the starting point triangulation height 5264.
LIMITS OF THE SPECIFIED AREAS
Starting from a point, map reference 534125 (sheet 43 F/8, 1 in. to 1 mile) map of G.T.S.) nearly 2 miles North of Kohala on Azad Kashmir 1[Pakistan] border running south along River Jhelum (boundary of Azad Kashmir and 1[Pakistan] upto a point, Map, Ref. 641678 (sheet 43 G/9) being the junction of boundaries of Murree Tehsil, Kahuta Tehsil and Azad Kashmir. Then along the southern boundary of Murree Tehsil up to junction of Khad Nala and Murree Tehsil boundary Map Ref. 568699 (sheet 43 G/9). Then southwest along Khad Nala to a point Map Ref. 504608 (sheet 43 G/6) being the junction of Khad Nala and a tributary. Then southeast along the tributary via Village Lehtrar Nala to Nala and track junction at map reference 518594 (sheet 43 G/6). Then along this track via village Marhiman southwest to the track and a Nala junction at map reference 506571 (sheet 43 G/6). Then southwest along this Nala via Village Jambhiri and Pihar to this Nala and River Ling junction at map reference 463483 (sheet 43 G/6). From here southwest along River Ling to the junction of Rawalpindi Tehsil boundary and River Ling at map reference 369382 (sheet 43 G/6). Then along eastern, southern and western boundary of Rawalpindi Tehsil up to bend at map reference 910683 (sheet 43 C/13) about a mile south of Village Salargah. Then follow along River Harro north east up to a point map Ref. 168810 (sheet 43 G/1) near spot height 2518, which is the junction of River Harro and boundary line of Haripur and Abbotabad [tehsils of Hazara District. Then along southern boundary of Abbotabad Tehsil of Hazara District upto to point map reference 253833 (sheet 43 G/1) at the intersection of Abbotabad Tehsil] Boundary and River Karral Harroo; along River Karral Harro due northeast to point map reference 344933 (sheet 43 G/5) being junction of Karral, Harro, and Samundar Katha near spot height 3730 and then along Samundar Katha stream up to point Map Ref. 381017 (sheet 43 F/8) on junction of Samundar Katha Stream and boundary line between Villages Tatrila and Nagribala of Tehsil Abbotabad. Then running along the boundary line between Village Tatrila and Nagribala (near spot height 7799 ), Bagh and Nagribala Bagnotar and Bara Gali, Namli Mira Phalkot and Bakot and Mulia and Bakot including Village Nagribala, Bara Gali, Namli Mira and Bakot back to the starting point map reference 534125 (sheet 43 F/8).
1Subs. By F. A. O., 1975 Art. 2 and Sch., for “West Pakistan”.