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THE NAVAL ARMAMENT ACT, 1923
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Restriction on building or equipping vessels of war
4. Licences
5. Offences against the Act
6. Liability of ships to forfeiture
7. Seizure, detention and search of ships
8. Procedure in forfeiture of ships
9. Disposal of forfeit
10. Special proof of relevant facts
11. Penalties for proceeding to sea after seizure
12. Power to enter dockyards, etc.
13. Courts by which and conditions subject to which offences may be tried
14. Indemnity
Page 1 of 6
THE NAVAL ARMAMENT ACT, 1923
ACT No. VII or 1923
[5th March, 1923]
An Act to give effect in 1[Pakistan] to the Treaty for the Limitation of Naval Armament.
WHEREAS it is expedient to give effect in 1[Pakistan] to the 2[Treaty for the Limitation of
Naval Armament and for the Exchange of Information concerning Naval Construction signed in
London on behalf of His Majesty on the twenty-fifth day of March, 1936]; It is hereby enacted as
follows; ___
1. Short title, extent and commencement.___(1) This Act may be called the 3[*] Naval
Armament Act, 1923.
1
[(2) It extends to the whole of Pakistan.]
(3) It shall come into force on such date as the 4[Federal Government] may, by notification in
5
the [official Gazette], appoint.
2. Definitions.___In this Act, unless there is anything repugnant in the subject or context, ___
(a) “competent Court” means the High Court or such other Court having unlimited
original civil jurisdiction as the 4[Federal Government] may declare to be
competent Court for the purposes of this Act ;
(b) “ship” means any boat, vessel, battery or craft, whether wholly or partly
constructed, which is intended to float or is capable of floating, on water, and
includes all equipment belonging to any ship ; and
2
[(c) “the Treaty” means the Treaty for the Limitation of Naval Armament and for
the Exchange of Information concerning Naval Construction signed in London
on behalf of His Majesty on the twenty-fifth day of March, 1936.]
3. Restriction on building or equipping vessels of war.___No person shall, except under and
in accordance with the conditions of a licence granted under this Act, ___
(a) build any vessel of war, or alter, arm or equip any ship so as to adapt her for use
as a vessel of war ; or
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
2
Subs. by Act No. II of 1937, s. 2.
3
Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) Art. 3 and Sch.
4
Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
5
Subs. by A. O., 1937.
Page 2 of 6
(b) despatch or deliver, or allow to be despatched or delivered, from any place in
1
[Pakistan] any ship which has been, either wholly or partly, built, altered,
armed or equipped as a vessel of war in 2[Pakistan] otherwise than under and in
accordance with any law for the time being in force 2[* * *].
4. Licences.___(1) A licence under this Act for any of the purposes specified in section 3 may
be granted by the 3[Federal Government], and shall not be refused unless it appears to the 3[Federal
Government] that such refusal is necessary for the purpose of securing the observance of the
obligations imposed by the Treaty; and, where a licence is granted subject to conditions, the conditions
shall be such only as the 3[Federal Government] may think necessary for the purpose aforesaid.
(2) An application for a licence under this section shall be in such form and shall be
accompanied by such designs and particulars as the 3[Federal Government] may, by general or special
order, require.
4
[(3) Any person who, in pursuance of a licence granted under sub-section (1) before the
commencement of the Indian Naval Armament (Amendment) Act, 1937, (II of 1937) is engaged in,
building any vessel of war or in altering, arming or equipping any ship so as to adapt her for use as a
vessel of war, or is about to despatch or deliver, or allow to be dispatched or delivered, from any place
within 1[Pakistan] any ship which has been so built, altered, armed or equipped, either entirely or
partly, within 1[Pakistan], shall, upon written demand, furnish to tile 3[Federal Government] such
designs and particulars as may be required by the 3[Federal Government] for the purpose of securing
the observance of the obligations imposed by the Treaty.]
5. Offences against the Act.___(1) If any person contravenes any of the provisions, of section
3 4[or fails to comply with the provisions of sub-section (3) of section 4], he shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may extend to one
thousand rupees, or with both.
(2) Where an offence punishable under sub-section (1) has been committed by a company or
corporation, every director and manager of such company or corporation shall be punishable
thereunder unless he proves that the act constituting the offence took place without his knowledge and
consent.
(3) Nothing contained in section 517 or section 518 or section 520 of the Code of Criminal
Procedure, 1898 (V of 1898), shall be deemed to authorise the destruction or confiscation under the
order of any Criminal Court of any ship which is liable to forfeiture under this Act or of any part of
such ship.
6. Liability of ships to forfeiture.___Any ship which has been, either wholly or partly, built,
altered, armed, or equipped as a vessel of war in 1[Pakistan] in contravention of section 3, 2[* * *]
shall, if found in 1[Pakistan], be liable to forfeiture under this Act.
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
2
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II.
3
Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 1 of 1975), Art. 2 and Table.
4
Ins. by Act No. II of 1937, ss. 4 and 5.
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7. Seizure, detention and search of ships.___(1) Where a ship is liable to forfeiture under this
Act, ___
(a) any 1[* * *] 2[Executive Magistrate], or
(b) any commissioned officer on full pay in the 3[armed forces of Pakistan] 4[* * *]
or
(c) any officer of customs or police-officer not below such rank as may be
designated in this behalf by the 5[Federal Government],
may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of
6
[Pakistan], may bring it to any convenient port in 6[Pakistan].
(2) Any officer taking any action under sub-section (1) shall forthwith report the same through
his official superiors to the 5[Federal Government].
(3) The 5[Federal Government] shall, within thirty days of the seizure, either cause the ship to
be released or make or cause to be made, in the manner, hereinafter provided, an application for the
forfeiture thereof, and may make such orders for the temporary disposal of the ship as it thinks suitable.
8. Procedure in forfeiture of ships.___(1) An application for the forfeiture of a ship under this
Act may be made by, or under authority from, the 5[Federal Government] to any competent Court
within the local limits of whose jurisdiction the ship is for the time being.
(2) On receipt of any such application, the Court shall cause notice thereof and of the date fixed
for the hearing of the application to be served upon all persons appearing to it to have an interest in the
ship, and may give such directions for the temporary disposal of the ship as it thinks fit.
(3) For the purpose of disposing of an application under this section, the Court shall have the
same powers and follow, as nearly as may be, the same procedure as it respectively has and follows
for the purpose of the trial of suits under the Code of Civil Procedure, 1908 (V of 1908), and any order
made by the Court under this section shall be deemed to be a decree, and the provisions of the said
Code in regard to the execution of decrees shall, as far as they are applicable, apply accordingly.
(4) Where the Court is satisfied that the ship is liable to forfeiture under this Act, it shall pass
an order forfeiting the ship to 3[Government]:
Provided that, where any person having an interest in the ship proves to the satisfaction of the
Court that he has not abetted, or connived at, or by his negligence facilitated, in any way, a
contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it
may pass such other order as it thinks fit in respect of the ship or, if it be sold, of the sale proceeds
thereof:
1
Omitted by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.
2
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
3
Subs. by the Central Laws (Adaptation) Order, 1961 (P. O No. 1 of 1961), Art. 2 and Sch., for “military, naval or air service of His Majesty” (with effect
from the 23rd March, 1950).
4
Omitted by A. O., 1937.
5
Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
6
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
Page 4 of 6
Provided further, that in no case shall any ship which has been altered, armed or equipped as a
vessel of war be released until it has been restored, to the satisfaction of the 1[Federal Government], to
such condition as not to render it liable to forfeiture under this Act.
(5) The 1[Federal Government] or any person aggrieved by any order of a Court, other than a
High Court, under this section may, within three months of the date of such order, appeal to the High
Court.
9. Disposal of forfeit.___Where a ship has been forfeited to 2[Government] under section 8, it
may be disposed of in such manner as the 1[Federal Government] 3[* * *] directs:
Provided that, where the ship is sold under this section, due regard shall be had to the
obligations imposed by the Treaty.
10. Special proof of relevant facts.___If, in any trial, appeal or other proceeding under the
foregoing provisions of this Act, any question arises as to whether a ship is a vessel of war or whether
any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the question
shall be referred to and determined by the 1[Federal Government], whose decision shall be final and
shall not be questioned in any Court.
11. Penalties for proceeding to sea after seizure.___(1) Where a ship which has been seized
or detained under section 7 or section 8 and has not been released by competent authority under this
Act proceeds to sea the master of the ship shall be punishable with fine which may extend to one
thousand rupees, and the owner and any person who sends the ship to sea shall be likewise so
punishable unless such owner or person proves that the offence was committed without his knowledge
and consent.
(2) Where any ship so proceeding to sea takes to sea, when on board thereof in the execution
of his duty, any officer empowered by this Act to seize and detain the ship, the owner and master shall
further each be liable, on the order of the Court trying an offence punishable under sub-section (1), to
pay all the expenses of and incidental to such officer being taken to sea, and shall further be punishable
with fine which may extend to one hundred rupees for every day until such officer returns or until such
time as would enable him after leaving the ship to return to the port from which he was taken.
(3) Any expenses ordered to be paid under sub-section (2) may be recovered in the manner
provided in the Code of Criminal Procedure, 1898 (V of 1898), for the recovery of a fine.
12. Power to enter dockyards, etc.___(1) Any person empowered by this Act to seize and
detain any ship may, at any reasonable time by day or night, enter any dockyard, shipyard or other
place and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under
this Act, and may search such ship with a view to ascertaining whether the provisions of this Act have
been or are being duly observed in respect thereof, and every person in charge of or employed in such
place shall on request be bound to give the person so empowered all reasonable facilities for such entry
and search and for making such inquiries.
(2) The provisions of sections 101, 102 and 103 of the Code of Criminal Procedure, 1898 (V
of 1898), shall apply in the case of all searches made under this section.
1
Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
2
Subs. by the Central Laws (Adaptation) Order, 1949 (P. O. No. 1 of 1961), Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).
3
Omitted by A. O., 1937.
Page 5 of 6
13. Courts by which and conditions subject to which offences may be tried.___No Court
inferior to that of a 1[* * *] Magistrate of the first class shall proceed to the trial of any offence
punishable under this Act, and no Court shall proceed to the trial of any such offence except on
complaint made by, or under authority from, the 2[Federal Government].
14. Indemnity.___No prosecution, suit or other legal proceeding shall lie against any person for
anything in good faith done or intended to be done under this Act.
_______
THE SCHEDULE
3
[Repealed]
___________
Date: 08-10-2024
1
Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.
2
Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
3
Rep. by Act No. II of 1937, s. 6.
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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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