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The Islamabad (Preservation of Landscape) Ordinance, 1966

Ordinance XXVII of 1966 · 4 pages

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         THE ISLAMABAD (PRESERVATION OF LANDSCAPE)
                      ORDINANCE, 1966




                                         CONTENTS
1.    Short title, extent and commencement

2.    Definitions

3.    Operation of other laws

4.    Preservation of landscape

5.    Penalty

6.    Power to arrest without warrant

7.    Cognizance and compounding of offences

8.    Offences to be tried summarily

9.    Certain powers for officers of the Authority

10.   Requisition of police assistance

11.   Certain persons deemed public servants

12.   Indemnity

13.   Bar of Jurisdiction

14.   Power to exempt

15.   Power to make rules




                                             Page 1 of 4
        THE ISLAMABAD (PRESERVATION OF LANDSCAPE)
                     ORDINANCE, 1966
                                ORDINANCE NO. III of 1966
                                                                                 [25th January, 1966]

                                                  AN

                                           ORDINANCE

                     to provide for the preservation of landscape in Islamabad

       WHEREAS it is expedient to provide for the preservation of landscape in Islamabad;

       AND WHEREAS clause (4) of Article 131 of the Constitution provides that the Central
Legislature shall have power to make laws for the Islamabad Capital Territory with respect to any
matter not enumerated in the Third Schedule to the Constitution;

       AND WHEREAS the National Assembly is not in session and the President is satisfied that
circumstances exist which render immediate legislation necessary;

        NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the
Constitution read with clause (4) 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 :—

       1.     Short title, extent and commencement.—(1) This Ordinance may be called the
Islamabad (Preservation of Landscape) Ordinance, 1966.

       (2)    It extends to the Islamabad Capital Territory.

       (3)    It shall come into force at once.

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

              (a)     “landscape” includes earth, land, clay, rock, boulders, shingles, pebbles and any
                      other substance over the surface of land, and grass, weeds, bushes, hedges,
                      plants, standing trees, undergrowth and all objects of natural beauty visible to
                      the eye; and

              (b)     all other words and expressions have the meaning assigned to them in the
                      Capital Development Authority Ordinance, 1960 (XXIII of 1960).

       3.      Operation of other laws.—The provisions of this Ordinance and the rules made
thereunder shall be in addition to and not in derogation of the provisions of the Capital Development
Authority Ordinance, 1960 (XXIII of 1960), and the Pakistan Capital Regulation (M.L. Regulation
No. 82), and the rules made thereunder, and shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.




                                             Page 2 of 4
        4.       Preservation of landscape.—(1) No person shall remove, destroy, damage or alter
anything, or commit any other act if such removal, destruction, damage, alteration or act affects or is
likely to affect a landscape injuriously.

       (2)     This section shall not apply to anything done by, or at the instance or with the
permission of, the Authority.

       5.      Penalty.—Whoever contravenes any provision of this Ordinance or any rules made
thereunder, or abets such contravention, shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to five thousand rupees, or with both.

        6.      Power to arrest without warrant.—(1) Any police officer, or any officer appointed
in this behalf by the Authority, may, without orders from a Magistrate and without a warrant, arrest
any person who has contravened or is found contravening any provision of this Ordinance, or against
whom reasonable suspicion exists of having been concerned in the commission of any offence
punishable under this Ordinance.

       (2)     Every officer making an arrest under this section shall, without unnecessary delay, take
or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in
charge of the nearest police-station.

       7.       Cognizance and compounding of offences.— (1) No Court shall take cognizance of
any offence punishable under this Ordinance except on a report in writing by the Authority or a person
authorised in this behalf by the Authority of the facts constituting such offence.

       (2)     The Authority or the person authorised may, instead of making a report of an offence
under sub-section (1), compound such offence for such sum of money as may be determined by the
Authority or the person authorised.

        8.      Offences to be tried summarily.— An offence punishable under this Ordinance shall
be tried in a summary way in accordance with the provisions of the Code of Criminal Procedure, 1898
(Act V of 1898), relating to summary trials.

      9.      Certains powers for officers of the Authority.—For carrying out the purposes of this
Ordinance, the officers of the Authority who may be specified by it in this behalf may—

               (a)     hold enquiry into offences punishable under this Ordinance, and, in the course
                       of such enquiry, receive and record evidence ;

               (b)     enter upon any land or in any building for the purpose of any such enquiry ; and

               (c)     exercise the powers of a Civil Court to compel the attendance of witnesses and
                       the production of documents and material objects.

        10.     Requisition of police assistance.—Any officer authorised to take any action under this
Ordinance may, if he requires police assistance for taking such action, send a requisition to the officer
in charge of a police-station who shall, on such requisition, render the assistance required.

        11.    Certain persons deemed public servants.—Any officer of the Authority or other
person, while acting or purporting to act under the provisions of this Ordinance, shall be deemed to be
a public servant within the meaning of section 21 of the Pakistan Penal Code.


                                               Page 3 of 4
       12.     Indemnity.—No suit or other legal proceeding shall lie against the Authority or any
person in respect of anything which is in good faith done or intended to be done under this Ordinance.

        13.    Bar of Jurisdiction.—No Court or other Authority shall call in question anything done
or intended to be done under this Ordinance by or at the instance of the Authority.

        14.     Power to exempt.—The 1[Federal Government] may, by notification in the official
Gazette, exempt any part of the Islamabad Capital Territory or any class of land from the operation of
all or any of the provisions of this Ordinance.

       15.    Power to make rules.—The 1[Federal Government] may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.




                                                                    ___________




                                                                                   RGN Uploaded Date: 27.03.2024

1
    Subs. by F.A.O., 1975 (P.O. No. 4 of 1975), Art. 2 and Table.



                                                                     Page 4 of 4


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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