Updated: Monday March 28, 2016/AlEthnien
Jamada El Thaniah 19, 1437/Somavara
Chaitra 08, 1938, at 03:57:10 AM
1ORDINANCE NO.
XXVII OF 1965
[9th September, 1965]
An Ordinance to
constitute a Civil Pioneer Force for service in
WHEREAS it is
expedient to constitute a Civil Pioneer Force for service in
AND WHEREAS a
Proclamation of Emergency issued under clause (1) of Article 30 of the
Constitution is in force;
AND WHEREAS the
President is satisfied that immediate legislation is necessary to meet the
emergency;
NOW, THEREFORE,
in exercise of the powers conferred by clause (4) of Article 30 of the
Constitution, read with clause (2) of Article 131 thereof, and of all other
powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title,
extent and commencement.___(1) This
Ordinance may be called the Civil Pioneer Force Ordinance, 1965.
(2) It extends
to the whole of
(3) It shall
come into force at once.
2. Definitions. In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) ”Chief Controller” means the gazetted officer
appointed to command all the units of the Civil Pioneer Force constituted in a
Province;
(b) ” Civil Pioneer “ means an enrolled person other
than a gazetted or non-gazetted officer;
(c) ” Controller “ means the gazetted officer appointed
to command a unit of the Civil Pioneer Force, and includes, in his absence from
duty, the senior gazetted officer of the unit present with the unit;
(d) ”Detachment “ means any portion of a unit of the
Civil Pioneer Force serving away from the headquarters of the unit;
(e) ”enrolled person “ means a person for the time
being subject to the provisions of this Ordinance;
1Approved by
the National Assembly of
For notifn. entrusting to the Provincial Government the
functions of the Central Government under this Ordinance, see Gaz., of P.,
1965, Ext., p. 1152.
(f) ”party” means any portion of a unit or detachment
ordered to perform any particular job or duty at the headquarters or elsewhere;
(g) ”prescribed” means prescribed by rules made under
this Ordinance;
(h) ”service in a war area” means service in an area in
Pakistan in which for the time being enemy action is taking place, or in an
area in Pakistan declared by the 1[Federal
Government], by notification in the official Gazette, to be a war area for the
purposes of this Ordinance;
(i) ”Superior Officer” means, in relation to a person
subject to this Ordinance, a gazetted afficer or a non-gazetted officer who is
of a class higher than that person or is senior to that person in the same
class;
(j) ”unit” means a unit of the Civil Pioneer Force
constituted under section 3.
3. Constitution
of the Civil Pioneer Force.____(1) There shall
be raised and maintained in the manner hereinafter provided a force to be
designated the Civil Pioneer Force (hereinafter called the “Force “) to perform
in
(2) The 1[Federal
Government] may constitute for service in any part of
(3) The
strength and composition of a unit shall be such as may be prescribed.
4. Duties of
the Force.___(1) It shall be
the duty of the Force and of the persons enrolled therein as and when required
by the 2[Federal]or
a Provincial Government or by an authority authorised in this behalf by the 2[Federal]
or Provincial Government, for the purpose of securing the defence of Pakistan
or any part thereof, the public safety, the maintenance of public order or the
efficient prosecution of war, or for maintaining supplies and services
essential to the life of the community-
(a) to repair and maintain important lines of
communications, to clear roads after an enemy raid, to construct diversions in
case of floods, bridges and air landing grounds;
(b) to load, unload or stack large quantity of warlike
and other important items which of necessity may, have to be moved from one
place another;
1Subs,. by
F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2 Subs. ibid., for “Central”.
(c) to construct defence works and air raid shelters;
(d) to man vital or other installations in case of
emergencies;
(e) to clear debris from important headquarters and
offices after enemy bombardment;
(f) to perform work in factories, workshops and
shipyards;
(g) to render such other services as, in the opinion of
the 1[Federal]
or a Provincial Government, are necessary or expedient for the purposes
aforesaid :
Provided that
the 2[Federal
Government] may, subject to such condition as may be prescribed, levy a charge
for any work carried out by the Force for or on behalf of a Provincial
Government, a local authority or industrial commercial undertaking.
(2) A unit
shall be liable for service in the part of
5. Officers of
the Force. There shall be
the following classes of officers in the Force, namely:-
(i) gazetted officers Class I-
(a) Chief
Controllers,
(b) Controllers,
(c) Deputy
Controllers,
(d) Assistant
Controllers,
(e) Group Officers;
(ii) gazetted officers Class II-
(a) Administrative
Officers,
(b) Store Officers;
(iii) non-gazetted officers-
(a) Chief
Supervisors,
(b) Group
Supervisors,
(c) Assistant Group
Supervisors;
and such grades in the classes of non-gazetted officers as the 2[Federal
Government] may direct.
1 Subs. by F.A.O., 1975, Art. 2 and
Table, for Central Government.
2Subs. ibid.,
for “Central Government”.
6. Appointment
of officers.-(1) Gazetted officers, Class I and Class II shall respectively be
selected by the1[Federal
Government] and the Provincial Government and the 1[Federal
Government] shall issue to each such officer order of appointment.
(2)
Non-gazetted officers shall be appointed from amongst Civil Pioneers in the
unit by the Controller of the unit or by such other authority and such manner
as may be prescribed.
7. Enrolment
and appointment to units.-(1) Any person who is or is deemed to
be a citizen of Pakistan may, if he has attained the age of eighteen and is not
employed in the Army, Navy or Air Force of Pakistan or in the Civil Armed
Forces including their Reserves, the Pakistan National Guard, village defence
or such functionary bodies as are planned to be co-opted by the Armed Forces in
time of war, including Ansars, unless any of them is specifically allowed by
the competent authority, or in any employment to which the Pakistan Essential
Services (Maintenance) Act, 1952 (LIII of 1952), for the time being applies,
offer himself for appointment to or enrolment in the Force, and, if he
satisfies the prescribed conditions, may be enrolled therein in such manner and
for such period as may be prescribed, and shall thereupon become subject to
the provisions of this Ordinance.
(2) Subject to
the prescribed conditions, if any, an applicant for enrolment may apply to be
enrolled for service in a particular unit.
(3) Any person
enrolled shall without unnecessary delay be appointed in the prescribed manner
to a unit constituted for the part in which he for the time being resides, or
if he applies for enrolment in a particular unit to that unit.
8. Transfers. Any person
appointed to a unit under section 7 may be transferred, whether on disbandment
of the unit or otherwise, to another unit in such manner as may be prescribed :
Provided that a
person who is not a gazetted officer shall not, without his own consent, be
transferred to a unit constituted for a part other than that in which he was
enrolled.
9. Liability
for service. Every person subject to this Ordinance shall be bound to serve
in the unit of the Force to which he has been appointed or transferred or is
for the time being attached until he is discharged from the Force.
10. Discharge
and dismissal.-(1) Every person subject to this Ordinance shall be entitled to
receive his discharge from the Force on the expiration of the period for which
he was enrolled or on his attaining the age of fifty; but any such person may,
before he becomes so entitled, be discharged by such authority and subject to
such conditions as may be prescribed.
1Subs. by
F.A.O., 1975, Art. 2 and Table, for “Central Government”.
(2) The
prescribed authority may, subject to such conditions as may be prescribed,
dismiss any person from the Force.
11. Major
offences. Any person
subject to this Ordinance who-
(a) begins, incites, causes or conspires with any other
person to cause, or joins in any mutiny, or
(b) being present at any mutiny, does not use his
utmost endeavour to supress it, or
(c) knowing or having reason to believe in the
existence of any mutiny or of any intention to mutiny, does not, without delay,
give information thereof to his superior officer, or
(d) uses or attempts to use criminal force to, or
commits an assault on, his superior officer, whether on or off duty, knowing or
having reason to believe him to be such, or
(e) while on service in a war area,__
(i) disobeys the lawful command of his superior
officer, or
(ii) deserts or attempts to desert the service, or
(iii) quits his post or party without being relieved or
without leave, or
(iv) fails to perform his duty, or
(v) intentionally causes or spreads a false alarm, or
(vi) plunders, destroys or damages property of any kind,
shall be punishable with imprisonment for a term which may extend
to seven years and with fine which may extend to five hundred rupees.
12. Minor
offences. Any person
subject to this Ordinance who-
(a) is in a state of
intoxication when on or detailed for duty, or
(b) is grossly
insubordinate or insolent to his superior officer in the execution of his
office, or
(c) refuses or
wilfully neglects to perform or assist in any work or duty ordered to be done
either in quarters or elsewhere, or
(d) while incharge
of a party, permits behaviour prejudicial to good order and discipline, or
(e) uses criminal
force to, or commits an assault on, or otherwise ill-treats, any member of the
Force subordinate to him in rank or position, or
(f) designedly or
through neglect injures or loses or fraudulently or without due authority
disposes of, his clothes, tools or equipment or any such articles entrusted to
him or belonging to any other member of the Force, or
(g) malingers,
feigns or produces disease or infirmity in himself, or intentionally delays his
cure or aggravates his disease or infirmity, or
(h) with intent to
tender himself or any other member of the Force unfit for service, voluntarily
causes hurt to himself or that other member, or
(i) while not on
service in a war area,-
(i) disobeys the lawful command of his superior
officer, or
(ii) deserts or attempts to desert the service or his
party or his post or his duty, or
(j) is guilty of
any act or omission not otherwise punishable which is prejudicial to good order
and discipline, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to five hundred rupees, or
with both 1[:]
2[Provided that
offences under clause (a) shall be tried under the Prohibition (Enforcement of
Hadd) Order, 1979 (P.O. No. 4 of 1979)].
13. Attempts to
commit offences and abetment of offences. Any enrolled person who attempts to commit or
abets the commission of an offence under this, Ordinance shall be punishable
with the punishment provided for such offence.
14. Summary
disposal of minor offences of Civil Pioneers. When a Civil Pioneer is charged with an offence
punishable under section 12 3[except
clause (a) thereof,] the controller or the gazetted officer commanding the
detachment in which such person is serving if so authorized in writing by the
Chief Controller, may dispose of the charge without formal trial and may award
one or more of the following punishments, namely:---
(a) confinement in such place as may be considered suitable
for a period not exceeding seven days;
1 Subs. by the Civil Pioneer Force
(Amdt.) Ordinance, 1983 (30 of 1983), s. 2 for full-stop.
2Provis. added
ibid.
3 Ins. ibid., s.3
(b) punishment drill, extra work, fatigue or other
duty, for a period not exceeding thirty days, with or without confinement to
quarters or lines;
(c) forfeiture of pay and allowances for a period not
exceeding one month.
15. Summary
disposal of minor offences of non-gazetted officers. When a non-gazetted offcer is charged with an
offence punishable under section 12 1[except
clause (a) thereof,] the Controller or the gazetted officer commanding the
detachment in which the non-gazetted officer is serving, if so authorised in
writing by the Chief Controller, may dispose of the charge without formal trial
and award to such non-gazetted offcer any one or more of the following
punishments, namely :-
(a) reduction to a lower class or to the ranks;
(b) forfeiture of pay and allowances for a period not
exceeding one month;
(c) reprimand or severe reprimand:
Provided that
no such non-gazetted officer shall be reduced in grade, class or rank except by
an order of the Controller.
16. Summary
disposal of minor offences of gazetted officers. When a gazetted officer is charged with an offence
punishable under section 12 1[except
clause (a) thereof,], the Chief Controller or Controller may, subject to any
rules in this behalf, without formal trial, reprimand or severely reprimand
such officer or may refer the matter to the Provincial Government for disposal.
17. Reduction
in rank for inefficiency or lack of zeal. Subject to any rules made in this behalf, the
Controller may reduce to a lower grade or a lower class or to the ranks any
non-gazetted officer in his unit on the grounds of ineffciency or lack of zeal.
18. Trial of
minor offences.-(1) An offence punishable under section 12 1[except
clause (a) thereof,] and not disposed of under sections 14, 15 or 16 may be
tried by the Summary Court, constituted as provided in sub-section (2).
(2) A Summary
Court shall consist of a Magistrate of the first class appointed by the
District Magistrate, sitting with the Controller or a gazetted officer of the
Force nominated by him and a third person to be selected by the Provincial
Government. The Magistrate so appointed shall be President of the Court and, in
the event of any difference of opinion, the opinion of the majority shall
prevail.
1Ins. by the
Civil Pioneer Force (Amdt.) Ordinance, 1983 (30 of 1983), ss. 3 and 4.
(4) A Summary
Court shall in the trial of an offence follow as far as possible the procedure
for the trial of summary cases in which an appeal lies as laid down in Chapter
XXII of the Code of Criminal Procedure, 1898 (Act V of 1898).
(5),
(6) An appeal
from a sentence passed by a Summary Court may be made within thirty days of the
sentence to the authority appointed by the Provincial Government and such
authority shall in disposing of such appeals follow the same procedure and have
the same powers as an appellate Court follows and has under the Code of
Criminal Procedure, 1898 (Act V of 1898).
(7) The
provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), and of any other law for the time being in
force, in so far as they may be applicable and in so far as they are not
inconsistent with the provisions of this Ordinance, shall apply to all matters
connected with, arising from or consequent upon a trial by a Summary Court.
19. Power of
Controller to make deduction from pay. The following deductions may, subject to the rules
made in this behalf, be made by the Controller from the pay and allowances of
any person subject to this Ordinance, namely:-
(a) all pay and allowances for every day on which such
person is absent either on desertion or without leave or because of
imprisonment awarded by a Criminal Court or a Court constituted under this Ordinance;
(b) all pay and allowances for every day on which such
person is in custody on a charge for an offence of which he is afterwards
convicted by a Criminal Court or a Court constituted under this Ordinance, or
on a charge of absence without leave for which he is afterwards awarded
punishment under section 14, 15 or 16;
(c) all pay and allowances for every day on which such
person is in hospital on account of sickness certified by the medical officer
attending him to have been caused by an offence punishable under this Ordinance
committed by him, or, subject to any rules made in this behalf, on account of a
venereal disease;
(d) all pay and allowances which may be forfeited under
section 14 or 15;
(e) any deduction from pay which may be ordered under
clause (b) of section 20;
(f) any sum required to defray any expenditure incurred
as a consequence of misconduct by him or to make good any loss of, or of
damage or destruction done by him to, any clothes, tools or equipment or to any
building or property :
Provided that
the total deductions from the pay and allowances of any person under clauses
(d) to (f) shall not in any one month exceed one-half of his pay and allowances
for that month.
20. Power of
Provincial Government to award punishment. The following punishments may, subject to the rules
made in this behalf, be awarded to a gazetted officer by the Provincial
Government, namely:-
(a) reprimand
or severe reprimand;
(b) deductions
from pay to defray expenditure or recoup loss incurred as a consequence of
misconduct by him; and
(c) forfeitue
of service for purposes of seniorty, promotion and annual increments.
21. Custody
during investigation. Any person
charged with an offence punishable under this Ordinance may be taken into and
kept in custody in the prescribed manner by the unit to which he belongs
pending investigation of the offence.
22. Arrest of
deserters.-(1) Whenever any enrolled person deserts his unit, the Controller
or the gazetted officer commanding the detachment to which he belongs may give
written information of the desertion to the officer in charge of the nearest
police station, and such police officer shall thereupon take steps for the
apprehension of the deserter in like manner as if he were a person for whose
apprehension a warrant had been issued by a Magistrate, and shall deliver the
deserter when apprehended to the custody of his unit.
(2) Any police
officer may arrest without warrant any person reasonably believed by him to be
enrolled person who has deserted his unit, and shall on making an arrest bring
or send the arrested person without delay to the nearest unit.
23. Place of
trial. An enrolled
person charged with an offence punishable under this Ordinance may be tried
and punished for such offence in any place in
24. Proof of
appointment or enrolment. In any
proceedings before a Court the fact that a person is a person subject to this
Ordinance may be provided by the production of a certificate purporting to be
signed by the Controller of the unit in which he is so serving.
25. Power of 1[Federal Government] to exercise powers of
Provincial Government. The 1[Federal
Government] may exercise any power vested by this Ordinance in the Provincial
Government.
26. Power to
make rules. The 1[Federal
Government] may, by notification in the official Gazette, make rules2 to carry out the purposes of this
Ordinance.
1 Subs. by F.A.O., 1975, Art. 2 and
Table, for “Central Government”.
2For such
rules, see Gaz. of P., 1965, Ext., pp. 1132-1143.
(2) In
particular and without prejudice to the generality of the foregoing power,
rules may be made to provide for any of the following matters, namely :-
(a) appointment of
officers;
(b) delegation of powers;
(c) enrolment and
appointment to units;
(d) transfers;
(e) reduction in
rank for inefficiency or lack of zeal';
(f) power of
Controllers to make deductions from pay;
(g) power of
Provincial Governments;
(h) custody during
investigation;
(i) the duties,
training, clothing, equipment and conditions of service of enrolled persons,
the payment of compensation to or in respect of such persons for injuries
received or death suffered by them;
(j) the
organisation of the Force and of the units thereof;
(k) medical
examination of persons offering themselves for appointment or enrolment;
(l) any matter which is to be or may be prescribed
under this Ordinance.
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