Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
The Manual of Military Laws in Pakistan 1
THEMANUAL OF
MILITARY LAWS INPAKISTAN
* * * * *C o n t e n t s* * * * *
Sr. No. PageNo.
THE PAKISTAN ARMY ACT, 1952Preamble 1
CHAPTER IPRELIMINARY
1. Short title and commencement. 3
2. Persons subject to the Act. 4
2A. Secondment to Navy or Air Force. 24
2B. Secondment to other armed forces. 25
3. Special provision as to rank in certain cases. 25
4. Commanding officer of certain persons subjectto the Act.
26
5. Powers to apply Act to certain forces under the[Federal Government].
27
6. Application of Act to States forces by Order of 29
2 The Manual of Military Laws in Pakistan
the President.
7. Power to declare persons to .be on activeservice.
29
8. Definitions. 36
CHAPTER IIAPPOINTMENT, ENROLMENT AND
ATTESTATION
9. Appointment to warrant rank. 48
9A. [Administration of oath to warrant officers.] 49
10. Ineligibility of aliens for service in the Army. 49
11. Procedure before enrolling officer. 50
12. Enrolment. 51
13. Presumption of validity of enrolment in certaincases.
52
14. Persons to be attested. 53
15. Mode of attestation. 54
15A. [Fresh oath to certain persons.] 55
CHAPTER IIITERMINATION OR SERVICE
16. Dismissal or removal by Federal Government. 56
17. Dismissal or removal by [Chief of the ArmyStaff] or other authorised officer.
57
18. Retirement, release, or discharge. 58
19. Certificate on termination of Service. 58
20. Discharge or dismissal when out of Pakistan. 58
CHAPTER IVSUMMARY REDUCTION AND
PUNISHMENT OTHERWISE THAN BYSENTENCE OF COURT MARTIAL
21. Reduction of warrant officers and non-commissioned officers.
59
22. Reversion of an acting non-commissionedofficer.
60
23. Minor punishments. 60
The Manual of Military Laws in Pakistan 3
CHAPTER VOFFENCES
24. Offences in relation to enemy and punishablewith death.
61
25. Offences in relation to the enemy and notpunishable with death.
63
26. Disclosure of parole or watchword. 64
27. Offences against property or persons ofinhabitant or country where serving.
65
28. Offences relation to sentries. 65
29. House breaking, false alarms, unauthoriseddisclosures, punishable more severely on activeservice than at other times.
65
30. Other service offences. 66
31. Mutiny and insubordination. 67
32. Offences in relation to superior officers. 70
33. Disobedience of lawful command. 72
34. Neglect to obey orders. 74
35. Insubordination and obstruction. 75
36. Desertion and aiding deserters. 75
37. Absence without leave. 76
38. Fraudulent enrolment. 77
39. False answers on enrolment. 78
40. Fraudulent offence in respect of property. 78
41. Certain forms of disgraceful conduct. 79
42. Illegal gratification. 80
43. Intoxication. 80
44. Offences in relation to persons in custody. 81
45. Loss of arms, etc., and destruction of property. 81
46. False accusation. 82
47. False documents. 82
48. Signing in blank and failure to report. 83
49. Offences in relation to courts martial. 83
50. False statement before court martial. 84
51. Irregular confinement. 84
4 The Manual of Military Laws in Pakistan
52. Unbecoming behavior. 85
53. Striking or ill-treating person subject to the Act. 85
54. Unlawful detention of pay. 85
55. Violation of good order and discipline. 85
56. Offences relating to aircraft. 91
57. Attempt. 92
58. Abetment. 92
59. Civil offences. 93
CHAPTER VIPUNISHMENTS
60. Punishments. 109
61. Field punishment. 112
62. Special provisions regarding Sentences. 112
63. Retention in the ranks of person convicted onactive service.
113
CHAPTER VIIPENAL DEDUCTIONS
64. Authorised deductions only to be made frompay.
114
65. Deductions from pay and allowances. 114
66. Pay and allowances during trial. 120
67. Deduction from public money due, other thanpay.
120
68. Power to withhold pay and allowancespending inquiry into conduct as prisoner ofwar.
120
69. Remission of deductions. 120
70. Provision for dependents of prisoner of warfrom remitted deductions.
120
71. General power to make provision fordependants.
121
72. Period during which a person is deemed to bea prisoner of war.
121
The Manual of Military Laws in Pakistan 5
CHAPTER VIIIARREST AND PROCEEDINGS
BEFORE TRIAL
73. Custody of offenders. 121
74. Duty of Commanding Officer in regard toperson in custody.
124
75. Interval between committal and court martial. 126
76. Arrest by civil authorities. 127
77. Capture of deserters. 127
78. Inquiry into absence of person subject to theAct.
128
78A. Inquiry into any other matter. 129
Provost Marshals
79. Appointment, duties and powers of provostmarshals.
129
CHAPTER IXCOURTS MARTIAL
Constitution, Jurisdiction andPowers of Courts Martial
80. Kinds of courts martial. 130
81. Power to convene general courts martial. 132
82. Power to convene district courts martial. 132
83. Limitation of powers of convening authorities. 133
84. Power to convene field general court martial. 133
85. Composition of general court martial. 135
86. Composition of district court martial. 135
87. Composition of field general court martial. 136
88. Summary courts martial. 136
89. Dissolution of courts martial. 137
90. Prohibition of second trial. 137
91. Period of limitation for trial. 139
92. Liability of offender who ceases to be subject tothe Act.
139
93. Place of trial. 141
94. Order in case of concurrent jurisdiction of court 141
6 The Manual of Military Laws in Pakistan
martial and criminal court.
95. Power of criminal court to require delivery ofoffender.
145
96. Trial by court martial, bar to subsequent trialby criminal Court.
148
96A. Definition of court martial. 149
97. Powers of general and field general courtsmartial.
149
98. Power of district courts martial. 149
99. Offences triable by summary court martial. 149
100. Persons triable by summary court martial. 150
101. Sentence awardable by summary court martial. 150
102. President. 151
102A. Religion of confirming officer, president, judgeadvocate and members of general, district orfield general court martial.
151
103. Judge Advocate. 151
104. Challenges. 151
105. Voting of members. 152
106. Oaths of president and members. 153
107. Oaths of judge advocate and others. 153
108. Oaths of witnesses. 153
108A. Affirmation not allowed in the case of Muslim. 154
109. Summoning witnesses and production ofdocuments.
154
110. Commission for the examination of witness. 155
111. Conviction of one offence permissible oncharge of another.
156
112. Rules of evidence to be the same as criminalcourts.
157
113. Judicial notice. 158
114. Presumption as to signatures. 158
115. Enrolment paper. 158
116. Presumption as to certain documents. 159
117. Reference by accused to Government officer. 161
The Manual of Military Laws in Pakistan 7
118. Evidence of previous convictions and generalcharacter.
161
CHAPTER XCONFIRMATION AND REVISION OF
FINDING AND SENTENCES
119. Finding and sentence not valid unlessconfirmed.
162
120. Power to confirm finding and sentence ofgeneral court martial.
163
121. Power to confirm finding and sentence ofdistrict court martial.
163
122. Limitation of powers of confirming authority. 164
123. Power to confirm finding and sentence of fieldgeneral court martial.
164
124. Power of confirming authority to mitigate,remit or commute sentences.
164
125. Confirmation of finding and sentence on boarda ship.
165
126. Revision of finding and sentence. 165
127. Finding and sentence of a summary courtmartial.
168
128. Transmission of proceedings of a summarycourt martial.
168
129. Substitution of a valid finding or sentence forand invalid finding or sentence.
169
130. Provision in the case of accused being lunatic. 169
131. Remedy against finding and sentence of courtmartial.
172
132. Annulment of proceedings. 175
133. Bar of appeals. 176
133A. Court of Appeals for cases. 183
133B. Court of Appeals for other cases. 187
CHAPTER XIEXECUTIN OF SENTENCES
134. Form of sentence of stoning to death or death. 193
8 The Manual of Military Laws in Pakistan
134A. Form of sentence of amputation of hand, footor both or whipping.
193
135. Commencement of sentence of imprisonmentfor life or imprisonment or detention.
193
136. Execution of sentence of imprisonment for lifeor imprisonment.
195
137. Execution of sentence of imprisonment inspecial cases.
196
138. Execution of sentence of detention. 196
139. [Interim custody of offenders sentenced totransportation.]
196
140 Conveyance of prisoner from place to place. 196
141. Communication of certain orders to civil prisonofficers.
197
142. Execution of sentence of fine. 197
CHAPTER XIIPARDONS, REMISSIONS AND
SUSPENSION
143. Pardons and remissions. 197
144. Suspension of sentence of [imprisonment forlife], [imprisonment, whipping or detention.
202
145. Orders pending suspension. 204
146. Release on suspension. 204
147. Computation of period of sentence undersuspension.
204
148. Power to set aside suspension or to orderremission.
205
149. Periodical review of suspended sentence. 205
150. Procedure on further sentence of offenderwhose sentence is suspended.
205
151. Scope of power of suspension. 206
152. Effect of suspension on dismissal. 206
The Manual of Military Laws in Pakistan 9
CHAPTER XIIIPROPERTY OF DECEASED PERSONS,
DESERTERS AND LUNATICS
153. Property of deceased persons and desertersother than officers.
206
154. Disposal of certain property withoutproduction of probate, etc.
210
155. Discharge of commanding officer, prescribedperson and the Government.
211
156. Application of sections 153 to 155 to lunatics,etc.
211
157. Property of officers. 212
158. Power of Committee of Adjustment. 212
159. Disposal of surplus by the prescribed person. 214
160. Disposal of certain property withoutproduction of probate, etc.
215
161. Discharge of committee, prescribed person andthe Government.
215
162. Property in the hands of the committee or theprescribed person not to be assets at the placewhere the committee or the prescribed personis stationed.
216
163. Saving of rights of representative. 216
164. Applications of sections 158 to 163 to lunatics,etc.
216
165. Appointment of standing committee ofadjustment when officers die or desert while onactive service.
217
166. Interpretations. 217
CHAPTER XIVMISCELLANEOUS PRIVILEGES
167. Complaint against officers. 218
168. Complaint by officers. 219
169. Privileges of persons attending courts martial. 219
170. Exemption from arrest for debt. 219
171. Property exempted from attachment. 220
10 The Manual of Military Laws in Pakistan
172. Application of the last two foregoing sectionsto reservists.
221
173. Priority of hearing by courts of cases in whichpersons subject to this Act are concerned.
221
174. Order for custody and disposal of propertypending trial in certain cases.
222
175. Order for disposal of property regarding whichoffence committed.
222
CHAPTER XVRULES
176. Power to make rules. 223
176A. Power to make regulations. 227
176B. Reference to Commander-in-Chief in otherLaws.
227
176C. Delegation of powers of the Chief of the ArmyStaff.
227
176D. Validation. 228
177. [Repeals.] 228
CHAPTER XVITRANSITORY PROVISIONS
178. [Definitions.] 228
179. [Powers of British Officer.] 229
THE SCHEDULE 229
THE PAKISTAN(ARMY & AIR FORCE) RESERVES ACT, 1950
Preamble. 230
1. Short title and Commencement. 231
2. Definitions. 231
3. Division of Reserve Forces. 231
4. Liability of reservists to military or air forcelaw.
231
5. Extent of liability for service. 232
6. Power to make rules. 232
The Manual of Military Laws in Pakistan 11
7. Power to make regulations. 233
8. [Amendment of Act VIII of 1911.] 233
9. [Repeal.] 233
THE SCHEDULE 234
THE PAKISTAN MILITARYACADEMY (DEGREES & CERTIFICATES)
ORDINANCE, 1959Preamble. 235
1. Short title and commencement. 235
2. Definition. 235
3. Conferment of degrees, etc., on cadets andofficers.
236
4. Power to make regulations. 236
SCHEDULE 237
THE MILITARY COLLEGE OFENGINEERING, RISALPUR (DEGREE)
ORDINANCE, 1962Preamble. 238
1. Short title and commencement. 238
2. Definitions. 238
3. Constitution and powers of the College. 239
4. Controlling Authority. 240
5. Commandant. 240
6. Academic Board. 240
7. Functions of Academic Board. 241
8. Power to make rules. 241
9. Regulations. 241
10. Interpretation by Federal Government. 242
11. Waiver of defect in the constitution ofAcademic Board.
242
12. Bar of jurisdiction. 242
12 The Manual of Military Laws in Pakistan
13. Power to remove difficulties. 242
THE TOLLS(ARMY & AIR FORCE) ACT, 1901Preamble. 243
1. Short title, extent and commencement. 244
2. Definitions. 244
3. Exemptions from tolls. 247
4. Tolls on vessels transporting troops andbaggage, etc., of troops embarked ordisembarked.
251
5. Penalty. 252
6. Compensation. 252
7. Rules. 253
8. [Repeals.] 254
THE COMPULSORY SERVICE INTHE ARMED FORCES ORDINANCE, 1971
Preamble. 255
1. Short title, extent, application andcommencement.
255
2. Definitions. 256
3. Liability to be called up, etc. 258
4. Call up notice. 258
5. Obligation to comply with call up notice ordirection.
260
6. Applicability of service law. 260
7. Grant of Commission. 261
8. Procedure for seeking exemption. 261
9. Reinstatement of persons released under theorders of the Board.
261
9A. Concessions to medical practitioner releasedfrom service with the Armed Forces.
264
10. Penalty and procedure. 266
The Manual of Military Laws in Pakistan 13
11. Indemnity. 268
12. Power to mine rules. 268
13. [Repeal]. 269
THE PAKISTAN ARMEDFORCES NURSING SERVICE ACT, 1952
Preamble. 270
1. Short title, application and Commencement. 271
2. Definitions. 272
3. Constitution of Pakistan Armed ForcesNursing Service.
273
4. Liability for service of members of the PakistanArmed Forces Nursing Service.
273
5. Members to be of Commissioned rank. 273
6. Eligibility for appointment. 274
7. Dismissal from the Pakistan Armed ForcesNursing Service.
274
8. Liability to undergo training and performduties.
275
9. Application of the Pakistan Army Act, 1952, thePakistan Air Force Act, 1953, and the PakistanNavy Ordinance, 1961, to members of thePakistan Armed Forces Nursing Service.
275
10. Power to make rules. 276
11. Power to make regulations. 276
THE ARMED FORCES(EMERGENCY DUTIES) ACT, 1947
Preamble. 278
1. Short title and extent. 278
2. Emergency duties of Armed Forces. 279
3. [Validation of certain past Commands.] 280
14 The Manual of Military Laws in Pakistan
THE ARMED FORCES CIVIL GENERALTRANSPORT COMPANIES & REQUISITION OF
CIVIL TRANSPORT ORDINANCE, 2002Preamble. 281
1. Short title, extent and commencement. 282
2. Definitions. 282
3. Raising of general transport companies andrequisition of civil transport.
283
4. Provision of this Ordinance to be in addition to,and not in derogation, of other laws.
283
5. Power to make rules. 283
THE MANOEUVRES, FIELD FIRING &ARTILLERY PRACTICE ACT, 1938Preamble. 285
1. Short title and extent. 286
CHAPTER IMENOEUVRES
2. Power of Federal Government to authorisemanoeuvres.
286
3. Power exercisable for purpose of manoeuvres. 287
4. Duty of Officer Commanding to repair damage. 288
5. Right to compensation for damage caused bymanoeuvres.
288
6. Method of assessing compensation. 288
7. Offences. 289
CHAPTER IIFIELD FIRING AND ARTILLERY
PRACTICE
8. Definitions. 290
9. Power of Provincial Government to authorisefield firing and artillery practice.
290
10. Powers exercisable for purposes of field firingand artillery practice.
292
The Manual of Military Laws in Pakistan 15
10A. Danger zone adjoining classification range. 293
11. Compensation. 293
12. Offences. 294
CHAPTER IIIGENERAL
13. Power to make rules. 295
THE PAKISTANJUNIOR CADET CORPS ACT, 1953
Preamble. 297
1. Short title, extent and commencement. 297
2. Definitions. 297
3. Constitution of Junior Cadet Corps. 298
4. Constitution and organization of units. 298
5. Certain students to be deemed to be enrolled. 298
6. Officers of the Junior Cadet Corps. 299
7. Officers to be attached to regular units fortraining.
300
8. Officers to be subject to military law. 300
9. Allowance of officers. 300
10. Termination of officers' commissions. 301
11. Military training of cadets. 301
12. Discipline of cadets. 301
13. Members of Junior Cadet Corps not to be liableto perform service.
302
14. Power to make rules. 302
THE SOLDIERS(LITIGATION) ACT, 1925
Preamble. 304
1. Short title, extent and commencement. 304
2. Definitions. 304
3. Circumstances in which a soldier shall be 305
16 The Manual of Military Laws in Pakistan
deemed to be serving under special conditions.
4. Particulars to be furnished in plaints,applications or appeals to Court.
308
5. Power of Collector to intervene in case ofunrepresented soldier.
308
6. Notice to be given in case of unrepresentedsoldier.
308
7. Postponement of proceedings. 309
8. Court may proceed when no certificatereceived.
309
9. Postponement of proceedings against soldieron leave.
310
10. Power to set aside decrees and orders passedagainst a soldier serving under war or specialconditions.
310
11. Modification of law of limitation where soldieror his legal representative is a party.
311
12. Power of Court to refer questions to prescribedauthorities.
312
13. Rule-making power. 313
14. Power to apply the provisions of the Act toother persons in the service of the State.
314
14A. [Power to apply the provisions of the Act tomembers of State Forces.]
315
15. [Repeal of Acts IX of 1918 and XII of 1924.] 315
THE RESERVISTS (REINSTATEMENT INCIVIL EMPLOYMENT) ORDINANCE, 1965
Preamble. 316
1. Short title, extent and commencement. 317
2. Definition. 317
3. Reinstatement of reservists called up for armyservice, etc.
317
4. Jurisdiction of court barred. 319
5. Power to make rules. 319
The Manual of Military Laws in Pakistan 17
THE DEFENCE SERVICES (INQUIRY)(SPECIAL PROVISIONS) ORDINANCE, 1969
Preamble. 320
1. Short title and commencement. 320
2. Definitions. 321
3. Inquiry into the conduct of certain personssubject to service law.
321
4. Convening of board of inquiry. 322
5. Composition of a board of inquiry, etc. 322
6. Power to make rules. 323
THE WORKSOF DEFENCE ACT, 1903
Preamble. 325
PART IPRELIMINARY
1. Short title and extent. 326
2. Definitions. 327
PART IIIMPOSITION OF RESTRICTIONS
3. Declaration and notice that restrictions will beimposed.
334
4. Power to do preliminary acts after publicationof notice under section 3, sub-section (2).
337
5. Payment for damage. 338
6. Further powers exercisable after publication ofnotice under section 3, sub-section (2).
388
7. Restrictions. 340
7A. Restrictions with reference to airfield. 346
8. Land to be marked out, measured, registeredand planned.
346
9. Notice to persons interested. 346
10. Power to require and enforce the making ofstatements as to names and interests.
348
18 The Manual of Military Laws in Pakistan
11. Application of certain sections of the PakistanPenal Code.
348
12. Inquiry and award by Collector. 349
13. Award of Collector when to be final. 350
14. Adjournment of inquiry. 350
15. Power to summon and enforce attendance ofwitnesses and production of documents.
350
16. Matters to be considered and neglected. 351
17. Supplementary proceedings. 351
PART IIIREFERENCE TO COURT AND
PROCEDURE THEREON
18. Reference to Court. 351
19. Collector's statement to the Court. 352
20. Service of notice. 352
21. Restriction on scope of proceedings. 353
22. Proceedings to be in open Court. 353
23. Matters to be considered in determiningcompensation.
353
24. Matters not to be considered in determiningcompensation.
354
25. Rules as to amount of compensation. 355
26. Form of award. 355
27. Costs. 355
28. Collector may be directed to pay interest onexcess compensation.
356
PART IVAPPORTIONMENT OF
COMPENSATION
29. Particulars of apportionment to be specified. 356
30. Dispute as to apportionment. 356
PART VPAYMENT
31. Payment of compensation or deposit of same inCourt.
356
The Manual of Military Laws in Pakistan 19
32. Investment of money deposited in respect oflands belonging to persons incompetent toalienate.
358
33. Investment of money deposited in other cases. 359
34. Payment of interest. 359
PART VIMISCELLANEOUS
35. Service of notices. 359
36. Penalties. 360
37. Magistrate to enforce the terms of the Act. 360
38. Completion of imposition of restrictions notcompulsory, but compensation to be awardedwhen not completed.
361
39. Demolition of part of house or building andimposition of restrictions on part of land.
362
40. Exemption from stamp-duty and fees. 364
41. Notice in case of suits for anything done inpursuance of Act.
364
42. Code of Civil Procedure to apply toproceedings before Court.
365
43. Appeals in proceedings before Court. 365
44. Power to make rules. 365
THE PAKISTANAIR FORCE ACT, 1953
Preamble. 367
CHAPTER IPRELIMINARY
1. Short title and commencement. 367
2. Persons subject to this Act. 368
3. Termination of application of the Act. 374
3A. Secondment to Army or Navy. 375
4. Definitions. 376
20 The Manual of Military Laws in Pakistan
CHAPTER IISPECIAL PROVISIONS FOR THE
APPLICATION OF ACT IN CERTAINCASES
5. Application of Act to certain forces under the[Federal Government].
382
6. Special provision as to rank in certain cases. 383
7. Commanding officers of persons subject to AirForce law under clause (d) of section 2.
383
8. Officers exercising powers in certain cases. 384
9. Exercise of powers vested in holder of AirForce office.
384
10. Power to declare persons to be on activeservice.
384
CHAPTER IIICOMMISSIONS AND ENROLMENT
11. Grant of commissions. 385
12. Ineligibility of aliens for enrolment. 385
13. Procedure before enrolling officer. 385
14. Mode of enrolment. 386
15. Validity of enrolment. 386
16. Persons to be attested. 386
17. Mode of attestation. 387
CHAPTER IVCONDITIONS OF SERVICE
18. Tenure of service under the Act. 387
19. Termination of service by [FederalGovernment].
387
20. Dismissal, removal or reduction by [Chief ofthe Air Staff] or other officers.
388
21. Retirement, release or discharge. 391
22. Certificate on termination of service. 391
23. Discharge or dismissal when out of Pakistan. 392
24. Power to modify certain fundamental rights intheir application to persons subjects to this Act.
392
The Manual of Military Laws in Pakistan 21
CHAPTER VSERVICE PRIVILEGES
25. Authorised deductions only to be made frompay.
393
26. Remedy of aggrieved [warrant officers and]airmen.
393
27. Remedy of aggrieved officers. 395
28. Immunity from attachment. 395
29. Immunity from arrest for debt. 395
30. Immunity of persons attending courts-martialfrom arrest.
396
31. Privileges of reservists. 396
32. Priority in respect of Air Force personnel'slitigation.
396
33. Saving of rights and privileges under otherlaws.
397
CHAPTER VIOFFENCES
34. Offences in relation to the enemy andpunishable with death.
397
35. Offences in relation to the enemy and notpunishable with death.
399
36. Offences punishable more severely on activeservice than at other times.
400
37. Mutiny. 400
38. Desertion and aiding desertion. 403
39. Absence without leave. 403
40. Striking or threatening superior officer. 405
41. Disobedience to superior officer. 405
42. Insubordination and obstruction. 407
43. Fraudulent enrolment. 407
44. False answers on enrolment. 408
45. Unbecoming conduct. 408
46. Certain forms of disgraceful conduct. 408
47. Ill-treating a subordinate. 409
22 The Manual of Military Laws in Pakistan
48. Intoxication. 409
49. Permitting escape of person in custody. 409
50. Irregularity in connection with arrest orconfinement.
410
51. Escape from custody. 410
52. Offences in respect of property. 410
53. Extortion and corruption. 412
54. Making away with equipment. 413
55. Injury to property. 413
56. False accusation. 413
57. Falsifying official document and falsedeclaration.
414
58. Signing in blank and failure to report. 415
59. Offences relating to courts-martial. 415
60. False evidence. 416
61. Unlawful detention of pay. 418
62. Offences in relation to aircraft and flying. 418
63. Other offences relating to aircraft and flying. 419
64. Disobedience of lawful command of captain ofaircraft.
420
65. Violation of good order and Air Forcediscipline.
420
66. Miscellaneous offences. 420
67. Attempts. 421
68. Abetment of offences that have beencommitted.
422
69. Abetment of offences punishable with deathand not committed.
422
70. Abetment of offences punishable withimprisonment and not committed.
422
71. Civil offences. 423
72. Civil offences not triable by courts-martial. 428
CHAPTER VIIPUNISHMENTS
73. Punishments awardable by court-martial. 428
The Manual of Military Laws in Pakistan 23
74. Alternate punishments awardable by courts-martial.
430
75. Combination of punishments. 431
76. Special provisions regarding sentences. 431
77. Field punishment. 431
78. Position o field punishment in scale ofpunishments.
432
79. Result of certain punishment in the case of anon-Commissioned Officer.
432
80. Retention in the ranks of a person convicted onactive service.
432
81. Punishments otherwise than by court-martial. 432
82. Punishment of persons other than officers andwarrant officers.
432
83. Requirement of sanction in certain cases. 435
84. Limit of punishments under section 82. 435
85. Punishment in addition to those specified insection 82.
436
86. Punishment of officers and warrant officers. 437
87. Transmission of proceedings. 438
88. Review of proceedings. 438
89. Superior Air Force authority. 439
CHAPTER VIIIPENAL DEDUCTIONS
90. Deduction from pay and allowances of officers. 439
91. Deductions from pay and allowances of[warrant officers and] airmen.
442
92. Computation of time of absence or custody. 444
93. Pay and allowances during trial. 444
94. Limit of certain deductions. 445
95. Deduction from public money due to a person. 445
96. Pay and allowances of prisoner of war duringinquiry into his conduct.
445
97. Remission of deductions. 445
98. Provision for dependants of prisoner of war 445
24 The Manual of Military Laws in Pakistan
where remission is made.
99. Provision for dependants of prisoner of warfrom his pay and allowances.
446
100. Period during which a person is deemed to bea prisoner of war.
446
CHAPTER IXARREST AND PROCEEDINGS BEFORE
TRIAL
101. Custody of offenders. 446
102. Duty of commanding officer in regard todetention.
446
103. Interval between committal and trial. 447
104. Arrest by civil authorities. 448
105. Capture of deserters. 448
106. Inquiry into absence without leave. 448
106A. Inquiry into any other matter. 449
107. Provost-marshals. 449
CHAPTER XCOURTS-MARTIAL
108. Different kinds of courts-martial. 450
109. Powers to convene a general court-martial. 450
110. Power to convene a district court-martial. 450
111. Limitations of powers of convening authorities. 451
112. Power to convene a field general court-martial. 451
113. Composition of general court-martial. 451
114. Composition of district court-martial. 452
115. Composition of field general court-martial. 452
116. Dissolution of court-martial. 452
117. Powers of general and field general courts-martial.
452
118. Powers of district court-martial. 452
119. Prohibition of second trial. 453
120. Period of limitation for trial. 453
121. Liability of offender who ceases to be subject tothe Act.
454
The Manual of Military Laws in Pakistan 25
122. Place of trial. 455
123. Order in case of concurrent jurisdiction ofcriminal court and court-martial.
456
124. Power of criminal court to require delivery ofoffender.
456
125. Trial by court-martial no bar to subsequent trialby criminal court.]
457
CHAPTER XIPROCEDURE OF COURTS-MARTIAL
126. President. 457
126A. Religion of confirming officer, president, judgeadvocate and members of general, district orfield general court martial.
457
127. Judge Advocate. 457
128. Challenges. 457
129. Oaths of members, judge advocate andwitnesses.
458
130. Voting by members. 458
131. General rules as to evidence. 459
132. Judicial notice. 459
133. Summoning witnesses. 459
134. Documents exempted from production. 460
135. Commission for the examination of witness. 460
136. Examination of a witness on commission.] 461
137. Conviction of offence not charged. 461
138. Presumption as to signature. 462
139. Enrolment paper. 463
140. Presumption as to certain documents. 463
141. Reference by accused to Government officer. 465
142. Evidence of previous convictions and generalcharacter.
465
143. Lunacy of accused. 466
144. Subsequent fitness of lunatic accused for trial. 467
145. Transmission to [Federal Government] oforders under section 144.
467
26 The Manual of Military Laws in Pakistan
146. Release of lunatic accused. 468
147. Delivery of lunatic accused to relatives. 468
148. Order for custody and disposal of propertypending trial.
469
149. Order for disposal of property regarding whichoffence is committed.
469
150. Trial by court-martial to be deemed judicialproceeding, etc.
470
CHAPTER XIICONFIRMATION AND REVISION
151. Finding and sentence not valid unlessconfirmed.
470
152. Power to confirm finding and sentence ofgeneral Court-martial.
471
153. Power to confirm finding and sentence ofdistrict Court-martial.
471
154. Limitation of powers of confirming authority. 471
155. Power to confirm finding and sentence of fieldgeneral Court-martial.
471
156. Power of confirming authority to mitigate,remit or commute sentences.
471
157. Confirmation of finding and sentence on hoarda ship.
472
158. Revision of finding and sentence. 472
159. Alteration of finding or sentence in certaincases.
472
160. Remedy against order, finding or sentence ofcourt-martial.
473
161. Annulment of proceedings. 474
162. Bar of Appeals. 474
162A. Court of Appeals [for cases]. 475
162B. Court of Appeals for other than cases. 476
CHAPTER XIIIEXECUTION OF SENTENCES
163. Form of sentence of stoning to death and death. 478
The Manual of Military Laws in Pakistan 27
163A. Form of sentence, amputation of hand, foot orboth.
478
163B. Form of sentence of whipping. 479
164. Commencement of sentence of imprisonmentor detention.
479
165. Execution of sentence of imprisonment. 479
166. Execution of sentence of imprisonment inspecial cases.
480
167. Execution of sentence of detention. 480
168. Interim custody of persons under sentence of[stoning to death,] death, imprisonment ordetention.
480
169. Authority for committal and transfer ofprisoners.
481
170. Conveyance of [Convicts] from place to place. 481
171. Communication of certain orders to prisonofficers.
482
172. Execution of sentence of fine. 482
173. Establishment and regulation of Air Forceprisons or detention barracks.
482
174. Power to make rules in respect of prisons andprisoners.
483
175. Restriction of rule irking power in respect ofcorporal punishment.
484
176. Informality or error in the order or warrant. 484
CHAPTER XIVPARDONS, REMISSIONS AND
SUSPENSION
177. Pardon and remission. 484
178. Cancellation of conditional pardon orremission.
485
179. Reduction of [ ] non-commissioned officer. 486
180. Suspension of sentence of imprisonment[, detention or whipping].
486
181. Orders pending suspension. 487
182. Release on suspension. 487
28 The Manual of Military Laws in Pakistan
183. Computation of period of suspension. 487
184. Order after suspension. 487
185. Reconsideration of case after suspension. 487
186. Fresh sentence after suspension. 488
187. Scope of power of suspension. 488
188. Effect of suspension and remission ondismissal.
488
CHAPTER XVPROPERTY OF DECEASED PERSONS,
DESERTERS AND LUNATICS
189. Property of deceased persons and deserters(other than officers and warrant officers).
489
190. Disposal of certain property withoutproduction of probate, etc. (other than officersand warrant officers).
491
191. Application of sections 189 and 190 to lunatics,etc.
492
192. Property of officers and warrant officers whodie or desert.
493
193. Powers of Committee desertion of an officer orwarrant appointed in this behalf in the mannerCommittee) shall, as soon as may be, under thisAct of Adjustment.
493
194. Disposal of surplus by the prescribed person. 495
195. Disposal of certain property withoutproduction of probate, etc (of officers andwarrant officers).
496
196. Discharge of Committee, prescribed personand the Government.
496
197. Property in the hands of the Committee or theprescribed person not to be assets at the placewhere the Committee or the prescribed personis stationed.
497
198. Saving of rights of representative. 497
199. Application of sections 193 to 198 to lunatics,etc.
497
The Manual of Military Laws in Pakistan 29
200. Appointment of Standing Committee ofAdjustment when officers die or desert whileon active service.
498
201. Interpretations. 498
CHAPTER XIVRULES
202. Power to make rules. 499
203. Power to make regulations. 501
204. Repeal. 501
CHAPTER XVIITRANSITORY PROVISIONS
205. Definition. 502
206. Power of British Officers. 502
THE AIRCRAFT (REMOVAL OFDANGER TO SAFETY) ORDINANCE, 1965
Preamble. 503
1. Short title, extent and commencement. 503
2. Definitions. 503
3. Measures to avoid attraction of birds. 504
4. Non-compliance with order under section 3. 505
5. Restriction on construction or extension oftannery, etc.
506
6. Power of entry in premises, etc. 506
7. Penalty. 506
8. Powers to try an offence. 507
9. Indemnity. 507
10. Power to make rules. 507
THE PAKISTANNAVY ORDINANCE, 1961
Preamble. 508
30 The Manual of Military Laws in Pakistan
CHAPTER IPRELIMINARY
1. Short title and commencement. 508
2. Persons subject to this Ordinance. 509
3. Secondment to Army or Air Force. 512
4. Definitions. 512
4A. Facilities for the performance of religiousduties.
519
CHAPTER IISPECIAL PROVISIONS FOR THE
APPLICATION OF THIS ORDINANCEIN CERTAIN CASES
5. Application of this Ordinance to certain forcesunder the [Federal Government].
519
6. Special provision as to rank and command incertain case.
520
7. Officers exercising powers in certain cases. 520
8. Exercise of powers vested in holder of navaloffice.
521
9. Power to declare persons to be on activeservice.
521
CHAPTER IIIAPPOINTMENT, COMMISSION AND
ENROLMENT
10. Eligibility for employment. 522
11. Appointment and commission. 522
12. Enrolment and Junior Commission. 522
13. Validity of Enrolment. 523
14. Attestation. 524
CHAPTER IVCONDITIONS OF SERVICE
15. Tenure of service. 524
16. Liability of service. 524
17. Termination of service. 524
18. Release on expiry of period of engagement. 525
The Manual of Military Laws in Pakistan 31
19. Discharge or dismissal when out of Pakistan. 526
20. Certificate on termination of service. 526
21. Power to modify certain fundamental rights intheir application to persons subject to thisOrdinance.
527
CHAPTER VSERVICE PRIVILEGES
22. Authorised deductions only to be made frompay.
527
23. Remedy of aggrieved persons. 528
24. Immunity from attachment. 528
25. Immunity from arrest for debt. 528
26. Immunity of persons attending courts-martial[or court of appeals] from arrest.
529
27. Priority in respect of naval personnel'slitigation.
529
28. Saving of rights and privileges under otherlaws.
530
CHAPTER VIOFFENCES
(i) Misconduct in Action and Assistanceto Enemy
29. Misconduct in action by persons in command. 531
30. Misconduct in action by other officers and men. 531
31. Obstruction of operation. 532
32. Corresponding with, supplying or serving withthe enemy.
532
(ii) Neglect of Duty
33. Sleeping on watch or abandoning post. 533
34. Neglect of duty. 533
(iii) Mutiny
35. Definition of "Mutiny". 533
36. Offences of mutiny. 534
37. Failure to suppress mutiny. 535
38. Attempt to stir up disturbance. 535
32 The Manual of Military Laws in Pakistan
(iv) Insubordination
39. Using criminal force to superior officer. 535
40. Disobedience. 535
41. Insubordinate behaviour. 536
42. Violation of this Ordinance, rules, regulationsand orders.
536
43. Fighting and quarrelling. 537
44. Obstruction of provost officers. 537
(v) Desertion and Absence without Leave
45. Definition of desertion. 537
46. Desertion. 538
47. Absence without leave. 538
48. Failure to report deserters and absentees. 539
(vi) Navigation and Flying Offences
49. Loss of hazarding of ship or aircraft. 539
50. Dangerous flying. 539
51. Low flying. 540
52. Annoyance by flying. 540
(vii) Prize Offences
53. Prize offences by commanding officers. 540
54. Other prize offences. 541
(viii) Other Offences in respect of Shipsand Aircraft
55. Inaccurate certification. 541
56. Improper carriage of goods. 542
(ix) Malingering and Intoxication
57. Malingering. 542
58. Definition of intoxication. 543
59. Offences of intoxication. 543
(x) Offences in respect of Naval Custody
60. Irregularity in connection with custody. 543
61. Escape from custody. 544
62. Permitting escape of person in custody. 544
The Manual of Military Laws in Pakistan 33
(xi) Offences relating to Property
63. Theft and dishonest misappropriation, etc. 544
64. Making away with equipment, etc. 545
65. Loss and waste of Government and serviceproperty.
545
(xii) Miscellaneous Offences
66. Unauthorized disclosure of information. 546
67. Falsification of documents. 547
68. Signing in blank and failure to report. 547
69. False answers on enrolment. 547
70. Unbecoming conduct by officers. 548
71. Disgraceful conduct. 548
72. False accusation. 548
73. Offences in relation to courts-martial [or courtof appeals].
548
74. False evidence. 550
75. Conduct to the prejudice of naval discipline. 550
(xiii) Attempts and Abetments
76. Attempts to commit naval offence. 550
77. Abetment of offences. 551
(xiv) Civil Offences
78. Civil offences triable by naval tribunal. 551
79. Civil offences triable by naval tribunal underspecial circumstances.
553
CHAPTER VIIPUNISHMENTS
80. Scale of punishments. 554
81. Provision as to award of punishment. 556
CHAPTER VIIIPENAL DEDUCTIONS
82. Deductions from pay and allowances of officers[, chief petty officers and sailors].
558
83. Limit of certain deductions. 560
84. Pay and allowances during trial. 560
34 The Manual of Military Laws in Pakistan
85. Deduction from money due to a person. 561
86. Pay and allowances of prisoners of war duringinquiry into his conduct.
561
87. Remission of deductions. 561
88. Provision for dependants of prisoner of warfrom his pay and allowances.
561
CHAPTER IXARREST AND PROCEEDINGS
BEFORE TRIAL
89. Duty to bring offenders to justice and powersof arrest.
562
90. Provision for avoiding delay after arrest. 563
91. Duty to receive or keep in custody. 564
92. Procedure before trial. 564
93. Arrest under warrants of naval authorities. 564
94. Provost-Marshals. 565
CHAPTER XAUTHORITIES HAVING
POWER TO AWARD PUNISHMENT
95. Naval tribunal. 566
96. General court-martial. 566
97. District court-martial. 567
98. Summary general court-martial. 567
99. Composition of courts-martial. 568
99A. Members of court-martial and presiding officerof court of appeals to be Muslims.
569
100. Judge Advocate. 569
101. Quorum and dissolution of courts-martial. 569
102. Powers of commanding officers in respect ofsummary trial.
570
103. Powers of other authorities in respect ofsummary trial.
572
104. Place of trial. 572
105. Period of limitation for trial. 572
106. Liability of offender who ceases to be subject to 573
The Manual of Military Laws in Pakistan 35
this Ordinance.
107. Concurrent jurisdiction of naval tribunal andcriminal court.
574
108. Prohibition of second trial. 575
CHAPTER XIPROCEDURE OF COURTS-MARTIAL
109. Objections. 575
110. Administration of oath. 576
111. Voting by members. 577
112. Power to convict of mitigated offence. 577
113. Power to convict of alternative offence. 577
114. General rules as to evidence. 578
115. Judicial notice. 578
116. Summoning of witnesses. 578
117. Commission for the examination of witnesses. 579
118. Presumption as to signature. 580
119. Enrolment paper. 580
120. Presumption as to certain documents. 580
121. Reference by accused to Government officer. 583
122. Evidence of previous convictions and generalcharacter.
583
123. Lunacy of accused. 584
124. Subsequent fitness of lunatic accused for trial. 585
125. Transmission to [Federal Government] oforders under section 124.
585
126. Release of lunatic accused. 586
127. Delivery of lunatic accused to relatives. 586
128. Order for custody and disposal of propertypending trial.
587
129. Order for disposal of property regarding whichoffence is committed.
587
CHAPTER XIICONFIRMATION,
REVISION AND REVIEW
130. Confirmation of finding and sentence. 588
36 The Manual of Military Laws in Pakistan
131. Power of confirming authority. 589
131A. Sentence requiring confirmation by court ofappeals.
589
132. Power of confirming authority to mitigate,remit or commute sentences.
590
133. Power of confirming authority to return thefinding and sentence to the court for revision.
590
134. Remedy against an order of court-martialbefore confirmation of finding or sentence.
591
135. Review by the [Federal Government] or the[Chief of the Naval Staff] of finding andsentence.
591
136. Remedy of aggrieved persons, on beingconvicted by a court-martial.
591
137. Power to quash or alter findings. 592
138. Power to remit or alter sentences. 594
138A. Court of appeals. 595
139. Saving of functions of Judge Advocate-General. 596
140. Bar of Appeals. 597
CHAPTER XIIIEXECUTION OF SENTENCES
141. Form of sentence of stoning to death and death. 599
142. Commencement of sentence of imprisonmentor detention.
600
143. Execution of sentence of imprisonment. 600
143A. Form of sentence of amputation of hand, footor both or whipping.
601
144. Execution of sentence of detention. 601
144A. Execution of sentence of fine. 601
145. Interim custody of persons under sentence of[stoning to death or] death, imprisonment ordetention.
602
146. Authority for committal and transfer ofprisoners.
602
147. Conveying of prisoners from place to place. 603
148. Communication of certain orders to prison 603
The Manual of Military Laws in Pakistan 37
officers.
149. Establishment and regulation of naval prisonsor detention barracks.
603
150. Power to make rules in respect of prisons andprisoners.
604
151. Restriction of rule-making power in respect ofcorporal punishment.
604
152. Procedural defect or error in the order orwarrant.
605
CHAPTER XIVPARDONS, REMISSIONS AND
SUSPENSION
153. Pardon and remission. 605
154. Cancellation of conditional pardon orremission.
606
155. Suspension of sentence of imprisonment,detention or whipping.
606
156. Orders pending suspension. 607
157. Release on suspension. 607
158. Computation of period of suspension. 608
159. Order after suspension. 608
160. Reconsideration of case after suspension. 608
161. Fresh sentence after suspension. 608
162. Scope of power of suspension. 609
163. Effect of suspension and remission ondismissal.
610
CHAPTER XVPROPERTY OF DECEASED PERSONS,
DESERTERS AND LUNATICS
164. Property of deceased persons and desertersother than officers.
611
165. Disposal of certain property withoutproduction of probate, etc. (other than officers).
613
166. Application of section 164 and 165 to lunatics,etc.
614
167. Property of officers who die or desert. 614
38 The Manual of Military Laws in Pakistan
168. Powers of Committee of Adjustment. 615
169. Disposal of surplus by the prescribed person. 617
170. Disposal of certain property withoutproduction of probate, etc.
618
171. Discharge of Committee, prescribed personand the Government.
618
172. Property in the hands of the Committee or theprescribed person not to be assets at the placewhere the Committee or the prescribed personis stationed.
619
173. Saving of rights of representative. 619
174. Application of sections 168 to 173 to lunatics,etc.
619
175. Appointment of Standing Committee ofAdjustment when officers die or desert whileon active service.
620
176. Interpretations. 620
CHAPTER XVIRULES
177. Power to make Rules. 621
178. Power to make regulations. 624
179. Repeals. 625
CHAPTER XVIITRANSITORY PROVISIONS
180. Definition. 625
181. Powers of British officers. 625
CHAPTER XVIIISUPPLEMENTAL PROVISIONS
182. Crews of ships lost or destroyed. 626
183. Crews of ships lost of destroyed. 626
184. For subsequent offence separate court. 627
185. Pay of crews of ships lost or taken. 627
186. When ship of senior officer is lost he maydispose of officers and crew of lost ships.
627
THE SCHEDULE 628
The Manual of Military Laws in Pakistan 39
THE PAKISTAN NAVAL ACADEMY(AWARD OF DEGREES) ORDINANCE, 1965
Preamble. 629
1. Short title, extent and commencement. 629
2. Definitions. 630
3. Conferment of degrees on Cadet-entry Officers. 630
3A. Conferment of degrees on others. 630
4. Power to make Regulations. 631
THE NAVALARMAMEBNT ACT, 1923
Preamble. 632
1. Short title, extent and commencement. 633
2. Definitions. 633
3. Restriction on building or equipping vessels ofwar.
634
4. Licences. 635
5. Offences against the Act. 636
6. Liability of ships to forfeiture. 637
7. Seizure, detention and search of ships. 637
8. Procedure in forfeiture of ships. 639
9. Disposal of forfeit. 641
10. Special proof of relevant facts. 641
11. Penalties for proceeding to sea after seizure. 641
12. Power to enter dockyards, etc. 642
13. Courts by which and conditions subject towhich offences may be tried
643
14. Indemnity. 643
THE PAKISTAN NAVY(EXTENSION OF SERVICE) ACT, 1950
Preamble. 644
1. Short title and commencement. 645
40 The Manual of Military Laws in Pakistan
2. Extension of service where term of service hasexpired.
645
3. 646
THE PAKISTAN ORDNANCEFACTORIES BOARD ORDINANCE, 1961
Preamble. 647
1. Short title and commencement. 647
2. Definitions. 648
3. Constitution of the Board. 648
4. Terms of office of the members. 649
5. Meetings. 651
6. Functions of the Board. 651
7. Investment of the Board with certain powers. 651
8. Submission of estimates of receipts andexpenditures to the [Federal Government].
653
9. Accounts and audit. 654
10. Submission of annual report, returns, etc. 655
11. Delegation of powers. 655
12. Made of signifying communications from theBoard.
656
13. Power to issue directions. 656
14. Power to make rules. 656
15. Dissolution of the Board. 657
THE CHEMICALWEAPONS CONVENTION
IMPLEMENTATION ORDINANCE, 2000Preamble. 658
1. Short title, extent and commencement. 659
2. Definitions. 659
3. Prohibition on development, etc; of chemicalweapons.
661
The Manual of Military Laws in Pakistan 41
4. Premises or equipment for producing chemicalweapons.
662
5. Prohibition on production, etc., of toxicchemicals and precursors.
663
6. Transfer of any scheduled chemical forpermitted purposes.
663
7. Production, etc., for permitted purposes. 663
8. Verification activities. 664
9. National Authority. 664
10. Functions of the Authority. 665
11. Delegation of powers. 665
12. Inspections under the Convention. 665
13. Particulars of authorization. 665
14. Effect of authorisation. 666
15. Rights of occupier, etc. 667
16. Bar to jurisdiction. 667
17. Proof regarding status of a member ofinspection team.
667
18. Power to amend authorisation and its effect. 667
19. Offences in respect of an inspection. 668
20. Privileges and immunities of members ofinspection team and observers.
668
21. Disclosure of information. 670
22. Privileged information and documents. 670
23. Registration. 671
24. Power to enter a premises and search, removeor immobilise objects.
672
25. Extension to external territories. 673
26. Power to make rules. 673
SCHEDULE I 673
SCHEDULE II 674
SCHEDULE III 675
SCHEDULE IV 676
SCHEDULE V 694
42 The Manual of Military Laws in Pakistan
THE EXPORT CONTROL ON GOODS,TECHNOLOGIES, MATERIAL AND
EQUIPMENT RELATED TO NUCLEAR &BIOLOGICAL WEAPONS AND THEIR
DELIVERY SYSTEMS ACT, 2004Preamble. 702
1. Short title, extent, application ariacommencement.
703
2. Definitions. 703
3. Authority. 706
4. Control Lists. 707
5. Licensing. 707
6. Record keeping. 708
7. Offences, etc., to be tried by a Court of Session. 708
8. Offences and penalties. 708
9. Appeal. 709
10. Diversion of controlled goods or technologiesto unauthorized use.
709
11. Act not to derogate from other laws, etc. 709
THE PAKISTAN AERONAUTICALCOMPLEX BOARD ORDINANCE, 2000
Preamble. 710
1. Short title, extent and commencement. 711
2. Definitions. 711
3. Establishment of the Board. 711
4. Terms of office of the members. 712
5. Meetings. 712
6. Functions of the Board. 713
7. Investment of the Board with certain powers. 713
8. Submission of estimates of receipts andexpenditures to the Federal Government.
715
The Manual of Military Laws in Pakistan 43
9. Accounts and audit, etc. 715
10. Submission of annual report, returns, etc. 716
11. Delegation of Powers. 717
12. Mode of signifying communications from theBoard.
717
13. Power to issue directions. 717
14. Power to make rules. 718
15. Dissolution of the Board. 718
THE PAKISTAN ATOMICENERGY COMMISSION ORDINANCE, 1965
Preamble. 719
CHAPTER IPRELIMINARY
1. Short title, extent and commencement. 720
2. Definitions. 720
3. Establishment of the Commission. 720
3A. Employment under Commission to beemployment under Federal Government.
721
3B. Ordinance XXIII of 1969 not to applyCommission.
721
CHAPTER IICOMPOSITION AND
FUNCTIONS OF THE COMMISSION
4. Composition of the Commission. 722
5. Term of office of member, etc. 723
6. Functions of the Commission. 725
7. Meetings of the Commission, etc. 726
7A. Standing bodies and committees. 727
8. The Council. 728
9. Functions of the Council. 730
10. Funds of the Commission. 730
11. Budget. 731
12. Delegation of powers. 732
44 The Manual of Military Laws in Pakistan
13. Appointment of officers, etc. 732
CHAPTER IIIMISCELLANEOUS
14. Co-operation with international organizations,etc.
732
15. Submission of periodical reports, etc. 733
16. Directives from the [Federal Government]. 734
17. Discoveries and inventions to vest in theCommission.
734
18. Declaration of fidelity and secrecy. 734
19. Power to make rules. 734
20. Power to make regulations. 734
21. Continuance of certain rules, etc. 735
22. Winding up. 735
23. Dissolution of Pakistan Atomic EnergyCouncil, etc.
735
THE PAKISTANNUCLEAR REGULATORY
AUTHORITY ORDINANCE, 2001Preamble. 737
1. Short title, extent and commencement. 738
2. Definitions. 738
3. Establishment of the Authority. 741
4. Composition of the Authority. 742
5. Chairman. 743
6. Term of office of the Chairman. 743
7. Term of office of a member. 744
8. Resignation by the Chairman or a member. 744
9. Removal of the Chairman or a member. 744
10. Filling of a casual vacancy. 745
11. Terms and conditions of service. 745
12. Meetings of the Authority. 745
13. Directorates of the Authority. 745
The Manual of Military Laws in Pakistan 45
14. Advisory Committees. 746
15. Appointment of advisers and consultants. 756
16. Functions and powers of the Authority. 746
17. Directives, orders and instructions from theFederal Government.
748
18. Delegation of powers. 748
19. Power to issue license. 749
20. Power to grant authorization. 750
21. Authorization prior to licensing. 750
22. Authorization prior to radioactive wastedischarge and disposal.
750
23. Authorization for nuclear powered vehicle,vessel or aircraft, and any vehicle, vessel oraircraft carrying nuclear material.
751
24. Cancellation or suspension of an authorizationor a license.
751
25. Actions to be taken subsequent to cancellationor suspension of license.
751
26. Transitional. 752
27. Control of contaminated foodstuff. 752
28. Power to obtain information. 752
29. Power of entry, inspection, etc. 753
30. Fixation of extent of civil liability. 754
31. Absolute and exclusive liability of an operator. 754
32. Insurance or other financial guarantee. 754
33. Indemnity by the Federal Government. 754
34. Saving as to governmental and certain otherinstallation.
754
35. Claim against foreign operators. 755
36. Limitation. 755
37. Re-adjustment. 755
38. Co-operation with International Organization,etc.
755
39. Environmental surveillance and radiationemergency plans.
756
46 The Manual of Military Laws in Pakistan
40. Appointment of officers, employees andconsultants.
757
41. Funds of the Authority. 757
42. Budget. 758
43. Audit and accounts. 758
44. Offences. 758
45. Cognizance of offences. 759
46. Tribunals. 760
47. Mode of recovery. 760
48. Power to exempt. 760
49. Submission of periodical reports, etc. 760
50. Discoveries and inventions to vest in theAuthority.
760
51. Declaration of fidelity and secrecy. 760
52. Chairman, members, etc., to be public servants. 761
53. Indemnity. 761
54. Dissolution of PNRB and DNSRP and transferof rights and liabilities of the Commissionregarding DNSRP to the Authority.
761
55. Power to make rules. 762
56. Power to make regulations. 762
57. Expenses for safety measures or medicalexamination.
763
58. Ordinance to override other laws. 763
59. Removal of difficulties. 763
60. Repeal and savings. 764
THE SECURITYOF PAKISTAN ACT, 1952
Preamble. 765
1. Short title, extent and commencement. 765
2. Definitions. 766
3. Restrictions on the movements of suspectedpersons and their detention.
767
The Manual of Military Laws in Pakistan 47
3A. Temporary release of persons detained. 772
3B. Execution of detention order. 773
3C. Detention orders not to be invalid orinoperative on certain grounds.
773
4. Powers of photographing, etc., persons. 774
5. Constitution of Advisory Boards. 774
6. Communication of grounds of order. 774
6A. Reference to Board and its procedure. 775
7. Reference to Advisory Boards. 776
8. Procedure of Advisory Boards. 776
9. Special provision for detention in certain cases. 776
10. Control of subversive associations. 777
11. Control of information. 779
11A. Control of certain undertakings and sale ofshares, etc.
780
11B. Removal of control and possession, etc. 784
11C. Payment of sale price, etc. 784
12. Regulation of publication of certain matters. 786
13. Penalties. 788
14. Cognizance of offences. 788
15. Procedure for the trial of offences. 788
16. Offences to be cognizable and non-bailable. 789
17. Bar of jurisdiction of Courts. 789
18. Delegation of Powers. 790
19. Power to make rules. 790
20. Repeal and savings, etc. 790
THE NATIONALSECURITY COUNCIL ACT, 2004
Preamble. 791
1. Short title, extent and commencement. 791
2. Definitions. 791
3. Establishment of National Security Council. 792
4. Composition. 792
48 The Manual of Military Laws in Pakistan
5. Functions of the Council. 792
6. Meetings. 792
7. National Security Council Secretariat. 793
8. Power to make rules. 793
9. Repeal. 793
THE PRESIDENT TOHOLD ANOTHER OFFICE ACT, 2004
Preamble. 794
1. Short title, extent and commencement. 794
2. Holder of another office. 7995
THE PAKISTANNATIONAL SERVICE ORDINANCE, 1970
Preamble. 796
1. Short title, extent, application andcommencement.
796
2. Definitions. 797
3. National service liability, etc. 798
4. Deferment of liability to render nationalservice.
799
5. Selection and enrolment, etc. 800
6. National Service Reserve. 801
7. Refresher training. 801
8. Service in Defence Services. 802
8A. Service of notice. 802
9. Certificate to be granted. 803
10. Permission to leave Pakistan necessary. 803
11. Extension of age limit. 804
12. Employers not to employ certain persons. 804
13. Obligation of employers of persons in theReserve.
804
14. Penalty. 804
15. Power to make rules. 806
The Manual of Military Laws in Pakistan 49
16. Jurisdiction of courts barred. 807
THE PREVENTION OFANTI-NATIONAL ACTIVITIES ACT, 1974
Preamble. 808
CHAPTER IPRELIMINARY
1. Short title, extent and commencement. 808
2. Definitions. 809
CHAPTER IIANTI-NATIONAL ASSOCIATIONS
3. Declaration of an association as anti-national. 810
4. Reference to Tribunal. 811
5. Tribunal. 812
6. Finality, and cancellation, of notification. 813
7. Power to -prohibit the use of funds of an anti-national association.
813
8. Power to notify places used for purposes of ananti-national association.
815
9. Procedure to be followed in the disposal ofapplications under this Act.
817
CHAPTER IIIOFFENCES AND PENALTIES
10. Penalty for being member of an anti-nationalassociation.
817
11. Penalty for dealing with funds of an anti-national association.
817
12. Penalty for contravention of an order made inrespect of a notified place.
818
13. Punishment for anti-national activities. 818
CHAPTER IVMISCELLANEOUS
14. Continuance of association. 819
15. Bar of Jurisdiction, etc. 819
50 The Manual of Military Laws in Pakistan
16. Prosecution for offences under this Act. 820
17. Protection of action taken in good faith. 820
18. Power to delegate. 820
19. Act, etc., to override other laws. 820
20. Power to make rules. 821
21. Repeal, etc. 821
THE CIVIL DEFENCE ACT, 1952Preamble. 822
1. Short title, extent and commencement. 822
1A. Definitions. 823
2. Power to make rules. 823
3. Ordinary avocations of life to be interferedwith as little as possible.
827
4. Savings as to orders. 828
5. Protection of action taken under the Act. 828
6. Compensation to be paid in accordance withcertain principles for compulsory acquisition ofimmovable property, etc.
828
7. Power to acquire requisitioned property. 831
8. Release from requisition. 832
9. Delegation of powers under the Acts. 833
10. Repeal of Ordinance VIII of 1951. 834
THE WAR INJURIES(COMPENSATION INSURANCE) ACT, 1943
Preamble. 835
1. Short title, extent and commencement. 835
2. Definitions. 836
3. Compensation payable under the Act by whomand how payable.
838
4. Limitation on right to receive compensationotherwise than under this Act and OrdinanceVII of 1941.
839
The Manual of Military Laws in Pakistan 51
5. Amount of compensation. 839
6. Workmen to whom the Act applies. 842
7. War Injuries Compensation Insurance Scheme. 842
8. Employment of agents by the FederalGovernment.
846
9. Compulsory insurance. 846
10. Prohibition of certain insurance business. 848
11. War Injuries Compensation Insurance Fund. 848
12. Principals and contractors. 851
13. Power of Federal Government to obtaininformation.
851
14. Recovery of premium unpaid. 852
15. Payment of compensation where employer hasfailed to insure.
853
16. Limitation of prosecutions. 853
17. Composition of offences. 854
18. Bar of legal proceedings. 854
19. Power to exempt employers. 855
20. Power to make rules. 855
THE FIRST SCHEDULE 856
THE SECOND SCHEDULE 857
THE WARINJURIES ORDINANCE, 1941
Preamble. 858
1. Short title, extent and commencement. 858
2. Interpretation. 859
3. Power to make schemes for relief in respect ofwar injuries and war service injuries.
862
4. Relief from liability to pay compensation ordamages.
864
5. Information as to earnings. 866
5A. Medical attention in dispensaries and hospitals. 867
6. Penalty for false statement. 867
52 The Manual of Military Laws in Pakistan
7. Assignments or charges to be void. 868
THE WAR RISKS INSURANCECONTINUANCE ORDINANCE, 1969
Preamble. 869
1. Short title, extent and commencement. 869
2. Continuance of War Risks Insurance Fund. 870
THE WAR RISKSINSURANCE ORDINANCE, 1971
Preamble. 871
1. Short title, extent and commencement. 871
2. Definitions. 872
3. Ownership in relation to goods. 876
4. War Risks Insurance Scheme. 877
5. Scheme with respect to property. 879
6. Scheme with respect of goods and in transit. 881
7. Extent of Scheme with respect to property. 882
8. Compulsory insurance of goods. 882
9. Compulsory insurance of factories. 883
10. Compulsory insurance of buildings. 884
11. [Compulsory Insurance of ships.] 885
12. Obligation under section 9, or section 10includes obligation to insure repaired orreconstructed property.
885
13. Penalty for contravention of sections 8, 9, orsection 10.
885
14. Transfer of property insure under thisOrdinance.
886
15. War Risks Insurance Funds. 886
16. Power of Federal Government to extendOrdinance to certain undertakings, etc.
888
16A. Certain premiums and claims not payable. 889
17. Employment of agents by Federal Government. 890
The Manual of Military Laws in Pakistan 53
18. Power to call for information. 890
19. Restriction on carrying on certain insurancebusiness.
891
20. Recovery of arrears of premium instalments. 892
21. Limitation of prosecution. 892
22. Composition of offences. 893
23. Bar of legal proceedings. 893
24. Delegation of powers. 893
25. Power to make rules. 894
THE LIMITATION (EMERGENCY ANDWAR CONDITIONS) ACT, 1965
Preamble. 895
1. Short title, extent and commencement. 895
2. Definitions. 896
3. Extension of limitation in affected areas. 897
4. Extension of limitation for suits, etc., in certaincircumstances.
897
THE PRIVATEMILITARY ORGANIZATIONS
(ABOLITION AND PROHIBITION) ACT, 1974Preamble. 899
1. Short title, extent and commencement. 899
2. Power to declare organisation illegal. 899
3. Punishment for forming private militaryorganisation, etc.
900
4. Power to make rules. 900
5. Repeal. 900
THE PAKISTANRANGERS ORDINANCE, 1959
Preamble. 901
54 The Manual of Military Laws in Pakistan
1. Short title, extent and application. 902
2. Definitions. 903
3. Power to maintain [Pakistan Rangers]. 905
4. Appointment and powers of superior officers. 905
5. Appointment of subordinate officers and men. 906
6. Functions of the [Pakistan Rangers]. 906
7. Assistance to Police. 907
8. General duties of the members of the Force. 907
9. State of emergency. 908
10. Powers and duties of members. 908
11. Privileges of members. 908
12. Resignation of members. 909
13. Offences punishable with transportation for lifeor rigorous imprisonment for seven years.
909
14. Offences punishable with one year rigorousimprisonment or fine or both.
911
15. Departmental punishment. 913
15A. Capture of deserters. 916
15B. Protection of persons serving in the Force. 916
16. Imprisonment for 90 days to result in dismissal. 917
17. Suspension. 917
18. Place of imprisonment. 917
19. Sanction of prosecution. 918
20. Power of Government to invest theCommandant or any other officer with amagisterial powers.
918
20A. Savings. 919
21. Power to make rules. 919
22. Repeal. 920
FIRST SCHEDULE
Conditions of service for enrolled members 920
SECOND SCHEDULE
Conditions of service for members ondeputation
921
The Manual of Military Laws in Pakistan 55
THE WEST PAKISTANRANGERS (RECONSTITUTION) ORDER, 1971
Preamble. 922
1. Short title and commencement. 922
2. Order to override other laws. 922
3. Reconstitution of the West Pakistan Rangers. 923
4. Power to make Ordinance. 923
THE SCHEDULE 923
THE WEST PAKISTANRANGERS (ADMINISTRATION &
CONTROL) ORDER, 1971Preamble. 927
1. Short title and commencement. 927
2. Vesting of superintendence, etc., of the WestPakistan Rangers in the Federal Government.
927
THE NORTH-WESTFRONTIER CONSTABULARY ACT, 1915
Preamble. 929
1. Short title, extent, application andcommencement.
929
2. Definitions. 930
3. Power to maintain Frontier Constabulary. 931
3A. Power to employ Frontier Constabulary inother parts of Pakistan.
932
4. Constitution of Constabulary. 933
5. Appointment and powers of superior officers. 933
6. Appointment of subordinate officers and men. 933
7. Superintendence, control and administration ofConstabulary.
934
8. More heinous offences. 935
56 The Manual of Military Laws in Pakistan
9. Less heinous offences. 937
10. Minor punishment. 940
11. Place of imprisonment and liability to dismissalon imprisonment.
942
12. Deductions from pay and allowances. 942
13. Collective fines. 943
14. Resignation and withdrawal from theConstabulary.
943
15. General duties of members of theConstabulary.
943
16. Powers and duties conferrable and imposableon members of the Constabulary.
944
17. Protection for acts of members of theConstabulary.
944
17A. Apprehension of deserters. 945
18. Authority to confer exclusive powers ofSessions Court on Deputy Commissioner.
945
19. Criminal powers conferred within Pakistan tobe exercisable beyond Pakistan.
946
20. Application of Act to other bodies enrolled forservice on frontier.
946
21. Powers to make rules. 947
22. Repeal. 948
THE SCHEDULE
Condition of Service. 948
THE FRONTIERCORPS ORDINANCE, 1959
Preamble. 950
1. Short title, commencement and application. 950
2. Definitions. 950
3. Powers to maintain Frontier Corps. 953
4. Constitution of Frontier Corps. 953
5. Appointment and powers of superior officers. 953
The Manual of Military Laws in Pakistan 57
6. Appointment of subordinate officers and men. 954
7. Superintendence, command, control andadministration of Frontier Corps.
954
8. More heinous offences. 955
9. Less heinous offences. 958
10. Summary punishments. 961
11. Place of imprisonment, and liability todismissal on imprisonment.
962
12. Deductions from pay and allowances. 963
13. Collective fines. 964
14. Resignation and withdrawal from the FrontierCorps.
964
15. General duties of members of the FrontierCorps.
964
16. Protection of person serving in the FrontierCorps.
964
17. Jurisdiction. 965
18. Commencement and execution of sentences. 966
19. Execution of sentence of detention. 967
20. Interim Custody of offenders sentenced totransportation.
967
21. Conveyance of prisoners from place to place. 967
22. Communication of certain orders to civil prisonofficers.
967
23. Custody of offenders. 967
24. Capture of deserters. 968
25. Saving. 969
26. Power to make rules. 969
27. Repeal. 970
FIRST SCHEDULE 970
SECOND SCHEDULE 971
THIRD SCHEDULE 972
58 The Manual of Military Laws in Pakistan
THE PAKISTANTERRITORIAL FORCE ACT, 1950
Preamble. 975
1. Short title, extent and commencement. 975
2. Definitions. 975
3. Constitution of Pakistan Territorial Force. 976
4. Constitution and disbandment of units. 976
5. Classes of Officers. 977
6. Enrolment. 977
7. Appointment to corps "or unit. 978
8. Transfer and attachment. 978
9. Change of residence. 978
10. Discharges. 978
11. Liability to serve and perform military service. 979
12. Territorial limits of liability to, and duration of,military service.
980
13. Application of Act VIII of 1911. 980
14. Summary trial and punishments. 982
15. Presumptions as to certain documents. 982
16. Power to make rules. 983
17. Power to make regulations. 984
18. Certain persons subject to this Act to bedeemed part of Pakistan Army for certainpurposes.
984
19. Exemption from local taxation. 984
20. Repeal. 985
THE CIVIL PIONEERFORCE ORDINANCE, 1965
Preamble. 986
1. Short title, extent and commencement. 986
2. Definitions. 987
3. Constitution of the Civil Pioneer Force. 988
The Manual of Military Laws in Pakistan 59
4. Duties of the Force. 988
5. Officers of the Force. 990
6. Appointment of officers. 991
7. Enrolment and appointment to units. 991
8. Transfers. 992
9. Liability for service. 992
10. Discharge and dismissal. 992
11. Major offences. 992
12. Minor offence. 993
13. Attempts to commit offences and abetment ofoffences.
995
14. Summary disposal of minor offences of CivilPioneers.
995
15. Summary disposal of minor offences of not-gazetted officers.
995
16. Summary disposal of minor offences ofgazetted officers.
996
17. Reduction in rank for inefficiency or lack orzeal.
996
18. Trial of minor offences. 996
19. Power of Controller to make deduction frompay.
998
20. Power of Provincial Government to awardpunishment.
999
21. Custody during investigation. 999
22. Arrest of deserters. 999
23. Place of trial. 1000
24. Proof of appointment or enrolment. 1000
25. Power of [Federal Government] to exercisepowers of Provincial Government.
1000
26. Power to make rules. 1000
THE NATIONALGUARDS ACT, 1973
Preamble. 1002
60 The Manual of Military Laws in Pakistan
CHAPTER IPRELIMINARY
1. Short title, application and commencement. 1002
2. Persons subject to this Act. 1003
3. Constituents of National Guards. 1003
4. Definitions. 1003
CHAPTER IICONSTITUTION AND CONTROL OF
THE MUJAHID FORCE
5. Constitution of Mujahid Force. 1005
6. Constitution and disbandment of units. 1005
7. Personnel of the Mujahid Force. 1006
8. Enrolment. 1006
9. Transfer and attachment. 1006
CHAPTER IIICONSTITUTION AND CONTROL OF
THE JANBAZ FORCE
10. Constitution of Janbaz Force. 1007
11. Constitution and disbandment of Unit. 1007
12. Personnel of Janbaz Force. 1007
13. Enrolment. 1007
14. Transfer and attachment. 1008
CHAPTER IVPROVISIONS APPLICABLE
GENERALLY TO THE MUJAHID FORCEAND THE JANBAZ FORCE
15. Liability for military training. 1008
16. Liability to serve and perform embodiedservice.
1008
17. Discharge. 1009
18. Application of the Pakistan Army Act, 1952. 1010
19. Presumption as to certain documents. 1011
20. Persons subject to the Act to be deemed part ofthe Pakistan Army.
1011
21. Exemption from local taxation. 1011
The Manual of Military Laws in Pakistan 61
22. Treatment of period spent in training service,etc.
1011
23. Extension of age limit. 1012
24. Reinstatement of persons called up forembodied service or training.
1012
CHAPTER VCONSTITUTION AND CONTROL OF
NATIONAL CADET CORPS
25. Constitution of National Cadet Corps. 1013
26. Constitution and disbandment of units. 1013
27. Eligibility. 1013
28. Training. 1014
29. Concessions. 1014
CHAPTER VICONSTITUTION AND CONTROL OF
WOMEN GUARDS
30. Constitution of Women Guards. 1014
31. Constitution and disbandment of units. 1014
32. Eligibility. 1014
33. Training. 1014
34. Honorarium. 1014
35. Concessions. 1015
CHAPTER VIIMISCELLANEOUS
36. Regrant of Commissions. 1015
36A. Re-employment of officers having reserveliability.
1015
37. Provision of storage accommodation. 1015
38. Employer not to prevent employee fromgetting enrolled.
1016
39. Power to make rules. 1016
40. Power to make regulations. 1017
40A. Rules and regulations to have retrospectiveeffect.
1018
41. Repeal. 1018
62 The Manual of Military Laws in Pakistan
THE PAKISTANCOAST GUARDS ACT, 1973
Preamble. 1019
CHAPTER IPRELIMINARY
1. Short title, application and commencement. 1019
2. Interpretation. 1019
3. Power to constitute and maintain the force andits functions.
1021
4. Appointment of officers of Force. 1022
5. Appointment of sub-ordinate and ministerialstaff.
1023
6. Superintendence, command, control andadministration of the Force.
1024
7. Pay, pension, etc., of officers and members. 1024
8. Members to be subject to Pakistan Army Act,1952.
1025
9. Consequence of sentence of imprisonment. 1025
10. Suspension. 1025
11. Place of imprisonment. 1025
12. Capture of deserters. 1026
13. Appeal and revision. 1026
CHAPTER IIPOWERS AND FUNCTIONS OF
OFFICERS AND MEMBERS
14. Powers of the officers of the Force. 1026
15. Disposal of goods seized by members of theForce.
1028
CHAPTER IIIMISCELLANEOUS
16. Placing of force under command of Chief ofStaff, Pakistan Army.
1028
17. Indemnity. 1029
The Manual of Military Laws in Pakistan 63
18. Power to make rules and regulations. 1029
19. Repeal. 1029
FIRST SCHEDULE 1030
SECOND SCHEDULE 1030
THIRD SCHEDULE 1031
THE AIRPORTSSECURITY FORCE ACT, 1975
Preamble. 1033
CHAPTER I
1. Short title, extent, application andcommencement.
1034
2. Definitions. 1035
CHAPTER II
3. Power to constitute and maintain the AirportsSecurity Force and its functions.
1037
4. Constitution of the Airports Security Force. 1038
5. Administration of the Force. 1039
CHAPTER III
6. Powers and duties of officers and members. 1039
7. Liabilities of officers and members. 1041
CHAPTER IV
7A. Officers and members to be subject to thePakistan Army Act, 1952.
1042
7B. Consequence of sentence of imprisonment. 1043
7C. Suspension. 1044
7D. Place of imprisonment. 1045
7E. Capture of deserters. 1046
7F. Appeal and revision. 1048
7G. Appointment of officers and other members ofthe Force.
1049
CHAPTER V
8. Indemnity. 1050
9. Delegation of powers by the Federal 1050
64 The Manual of Military Laws in Pakistan
Government.
10. Delegation of powers by the Director-General. 1050
11. Power to make rules. 1050
12. Power to make regulations. 1051
13. Repeal. 1051
FIRST SCHEDULE 1052
SECOND SCHEDULE 1053