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Chaitra 28, 1938, at 05:16:32 PM
1The Compulsory
Service in the Armed Forces Ordinance, 1971
ORDINANCE
NO. XXXI of 1971
[3rd
December, 1971]
An Ordinance to provide for compulsory service in the Armed Forces
of essential persons and ex-servicemen.
WHEREAS it is expedient to provide for compulsory service in the
Armed Forces of essential persons and ex-servicemen;
NOW, THEREFORE, in pursuance of Proclamation of the 25th day of
March, 1969, read with the Provisional Constitution Order, and in exercise of
all powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title, extent, application and commencement.—(1) This
Ordinance may be called the Compulsory Service in the Armed Forces Ordinance,
1971.
(2) It extends to the whole of
(a) any person who is a member of, or employed by, any of the Armed
Forces, or the Civilian Armed Forces, or, except for the provisions of sections
9 and 10, to the reserves of such Armed Forces or Civilian Armed Forces; [or]2
(b) the sole surviving son or daughter, where one or more sons or
daughters of a family have been killed in action or have died while serving in
the Armed Forces.]3
4* * * * * *
*
(3) It shall come into force at once.
2. Definitions. In this
Ordinance, unless there is anything repugnant in the subject or context,---
(a) ”Armed Forces” means the Pakistan Army the Pakistan Navy and the
Pakistan Air Force, and the reserves thereof;
(b) ”Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
1Validated
by the Validations of Laws Act, 1975 (63 of 1975), s. 2, and Sch.,
This Ordinance has been applied to
the Provincially Administered Tribal Areas of Balochistan, see Regulation No.
IV of 1987, Article 2 and Sch.,
2The word “or”
added by the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (36 of
1976), s. 2.
3Subs,
ibid, for “; or”.
4CI. (c)
omitted ibid
(c) 1[“essential
persons” means essential personnel as defined in] the Essential Personnel
(Registration) Ordinance, 1948 (X of 1948), and includes such other person as
the 2[Federal
Government] may, by notification in the official Gazette, declare to be an
essential person for the purposes of this Ordinance;
(d) ”ex-servicemen” means a person, not being an essential person,
whose service with any of the Armed Forces has been terminated and who is not
for the time being included in any of the reserves thereof;
3[(dd) ”Inducting Authority” means the Authority nominated by the Service
Headquarters for the purpose of selecting essential persons below commissioned
rank;]
(e) ”industrial undertaking” has the same meaning as assigned to it by
clause (4) of section 2 of the Control of employment Ordinance, 1965 (XXXII of
1965), and includes a commercial concern;
4[(ee) Interview Board'' means the Board constituted by the Service
Headquarters for the purpose of selecting essential person for a commissioned
rank;]
(f) ”Manpower Board” and “Manpower Tribunal” means respectively the
Board and the Tribunal /constituted under the Control of Employment Ordinance,
1965 (XXXII of 1965).;
(g) ”prescribed” means prescribed by rules made under this Ordinance;
-
(h) ”Service Headquarters” means the General Headquarters, the Naval
Headquarters or the Air Headquarters, as the case may be.
3. Liability to be called up, etc.—(1) Every
person to whom this Ordinance applies shall be liable to be called up for
service under this Ordinance if he is not over the age of sixty years.
(2) Persons so called up shall be liable to serve with any of the
Armed Forces for so long as their services are required [:]5.
6[Provided
that, in the case of a medical practitioner, such liability shall cease after
he has served with the Armed Forces for a period of two years.
Explanation.—In this sub-section, “medical
practitioner” means a person who possesses qualifications which are recognised
medical qualifications, or, as the case may be, recognised dental
qualifications, for the purposes of the Medical and Dental Council Ordinance,
1962 (XXXII of 1962).]
1Subs. by
the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (36 of 1976), s. 2
for “essential person means a person registered under section 3 of.
2See
foot-note 1, on page 558 supra.-
3CI. (dd)
ins. by Act 36 of 1976, s. 3.
4C1. (ee)
ins. ibid ;
5Subs, by
the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (36 of 1976), s.
4, for full-stop.
6The
proviso and Explanation added, ibid.,
4. Call up notice.—1[(1) The Manpower Board
or such authority as may be empowered by it, shall on requisition from any of
the service Headquarters, issue to such essential persons as are to be called
up notice in writing requiring them or direct such persons, to report in person
to the Interview Board or, as the case may be, Inducting Authority at such time
and place as may be specified in the notice or direction.]
(2) The Service Headquarters concerned, or such authority as may
be empowered by them, may likewise issue call up notices 2[or
directions] to ex-servicemen.
(3) The issue of a notice or direction under this section shall
not mean that the person called up has been accepted for service.
3[(4) Where
such person is known to be serving in a department or office of Government or
in an industrial undertaking, a copy of a notice, if any, under sub-section
(1), shall at the same time be forwarded to the head of such department or
office or, as the case may be, to the owner or manager of such undertaking
requiring him to release such person so as to enable him to comply with such
notice.]
4[(5) The
owner or manager of an industrial undertaking referred to in sub-section (4)
shall not—
(a) obstruct from joining service under this Ordinance in pursuance of
a direction under sub-section (1) or sub-section (2) an essential person or
ex-servicemen who serves upon him a notice of his intention to leave his
employment or requests him in person to be released from such employment, or
(b) take any action against an essential person or ex-servicemen who,
without of formal release from such employment, leaves such employment for
joining service under this Ordinance in pursuance of such direction.
Explanation.—In this section and
sections 5, 6, 8 and 10, “direct”, with all its grammatical variations, means
to direct on the radio, through the press or by any other means.]
5[5. Obligation to comply
with call up notice or direction. A person to whom a notice or
direction under section 4 has been issued shall report to the authority at the
time, date and place specified in the notice or, as the case may be,
direction.].
6. Applicability of service law.—6[(1) A person,---
(a) accepted for service under this Ordinance shall be deemed to have
been commissioned, appointed or enrolled, as the case may be, and shall, as
from the date he is so accepted, become subject to the law of the Armed Forces
concerned, or
(b) provisionally accepted by the Interview Board for a commissioned
rank and directed by that Board to wait for receipt of his commissioning orders
at his place of present employment or residence shall be granted commission
from the date he is finally accepted and shall, as from that date, become
subject
1Subs,
ibid., s. 2, for the original sub-section CI).
2Ins ibid
3Subs.
ibid., for the original sub-section (4).
4New
sub-section (5) and Explanation added by the Compulsory Service in the Armed
Forces (Amdt.) Act, 1976 (36 of 1976), s. 2, for original sub-section (1).
5Subs,
ibid., for the original section 5.
6Subs,
ibid..
to the law of the Armed Forces
concerned, and shall remain so subject until duly retired, released,
discharged, removed or dismissed from service.]
(2) Such person shall, during his service in the Armed Forces, be
governed as regards attestation, pay and allowances, leave and other terms of
service by the rules as applicable to serving personnel of equivalent rank, and
shall, on the termination of his service, be paid such pension or gratuity as
may be prescribed.
7. Grant of Commission. A person called up for service under this Ordinance may be granted
commission in the Armed Forces subject to such conditions as may be prescribed.
1[8. Procedure for
seeking exemption.—(1) If a person to whom a notice or direction under sub-section
(1) of section 4 has been issued seeks exemption from service under this
Ordinance, he shall first report to the Interview Board or, as the case may be,
Inducting Authority, at the time, date and place specified in the call up
notice or direction and then submit a written representation to the Chairman,
Interview Board, or, as the case may be, Inducting Authority, whose decision
shall be final.
(2) An ex-serviceman desirous of seeking exemption from service
under this Ordinance may make a representation to the Service Headquarters
concerned, whose decision shall be final.]
9.
Reinstatement of persons released under the orders of the Board.—2[(1) Subject to the
other provisions of this section, every employer—
(a) by whom a person was released in pursuance of a notice served on
such employer under sub-section (4) of section 4 for joining service under this
Ordinance, or
(b) whose employment was left by a person in pursuance of a direction
under the said section for joining such service, whether upon a formal release,
from such employment or otherwise, shall, on the termination of such service,
reinstate such person in the employment or the assignment from which he was
released or which he left and, if such reinstatement is less favourable to such
person than that to which he would, in the ordinary course, have been entitled,
give him such employment or assignment as is not less favorable
Provided that the employer shall not be required to so reinstate
or employ any person if such person does not apply or report to him for the
purpose within three months of his release from service under this Ordinance.]
1Subs, by
the Compulsary Service in the Armed Forces (Amdt.) Act, 1976 (36 of 1976), s.
2, for the original section 8.-
2 Subs.
ibid., s. 9, for sub-section (1).
(2) Where, for any reason, reinstatement or employment under
sub-section (1) is not practicable, the employer shall, within seven days from
the date on which the person to be reinstated of employed applies or reports
himself for reinstatement or employment, make an application to the Manpower
Tribunal concerned 1[or an
authority empowered by the Federal Government] for exemption from the
provisions of sub-section (1) and send a copy thereof to such person.
(3) Upon an application from “the employer under sub-section (2),
the Manpower Tribunal 1[or, as the
case may be, the authority empowered under the said sub-section] shall, after
such enquiry and hearing as it considers necessary, make an order—
(a) exempting the employer from the provisions of subsection (1), in
which case the employer shall be required to pay to such person within three
months of the order a compensation of a sum not less than six months' nor more
than twelve months' remuneration calculated at the rate he was entitled to when
he was released by the employer and such sum, in the case of failure to make
payment, shall be recoverable as arrear of land revenue; or
(b) requiring the employer to reinstate or give employment to such
person in terms of sub-section (1), or on such terms and conditions as it may
specify in the order.
(4) If any employer—
(a) without seeking exemption under sub-section (2) fails to comply
with the provisions of sub-section (1), or
(b) having applied for exemption under sub-section (2) fails to comply
with an order under clause (b) of sub-section (3),
he shall, without prejudice to any penalty to which he may be
liable under section 10, be also liable, if the court convicting him so
directs, to pay as compensation a sum not exceeding twelve months' remuneration
of the person concerned in addition to the compensation provided under clause
(a) of sub-section (3).
(5) Any sum which the employer is required to pay under any order
of the Tribunal 2[or
authority] under sub-section (3) or an order of the court under sub-section (4)
shall be recoverable as if it were a fine imposed by a court.
3[9A. Concessions to medical practitioner released from service
with the Armed Forces. Notwithstanding anything contained
in any other law for the time being in force, a medical practitioner 3[or other
essential person] who, following his release from service with the Armed Forces
after having rendered satisfactory service under this Ordinance for a period of
not less than two years, enters employment of the Federal Government or a
Provincial Government 4[or an
organization controlled by the Federal Government or a Provincial Government,
or any statutory or local body] shall be entitled to count towards his
seniority in such employment the period of service rendered by him under this
Ordinance and to his pay in such employment being fixed after giving him credit
for the service so rendered.
1Ins. by
the Compulsory Service in the Armed Forces (Amdt.) Act. 1976 (36 of 1976). s.
9.
2Ins, by
the Compulsory Service in the Armed Forces (Amdt.) Act, 1976 (36 of 1976), s.
9.
3Ins. and
shall be deemed to have taken effect on the 3rd day of December, 1971, by the
Compulsory Service in the Armed Forces (Amdt.) Ord. 1978 (4 of 1978). s. 2.
Explanation.—In this section, “medical
practitioner” has the same meaning as in section 1].
10. Penalty and procedure.—(1) Any
person who commits any of the following offences, that is to say,—
(a) fails to deliver, or obstructs or causes delay in the delivery of,
or refuses to receive, a notice issued under this Ordinance;
2[(b) fails to report response to a call up notice or direction issued
under section 4;
(bb) does not release an essential person or ex-serviceman in
accordance with a notice under sub-section (4) of section 4;
(bbb) obstructs from joining service under this Ordinance in pursuance
of a direction an essential person or ex-serviceman who serves upon him a notice
of his intention to leave his employment or requests him in person to be
released from such employment;
(bbbb) takes any action against an essential person or ex-serviceman who,
without a formal release from such employment, leaves such employment for
joining service under this Ordinance in pursuance of a direction;
(bbbbb) fails to report for service on receipt of commissioning orders
after having been provisionally accepted by the Interview Board but directed by
it to wait for receipt of his commissioning orders at his place of present employment
or residence;].
(c) persuades a person called up for service under this Ordinance to
evade such service or abets in any manner the contravention of any of the
provisions of this Ordinance or of any order, notice or direction issued
thereunder;
(d) makes a false statement with a view to avoiding service under this
Ordinance or abets the avoidance of such service by any person;
(e) with intent to render himself or any other person unfit for
service under this Ordinance, voluntarily causes hurt or disease to himself or
that person;
(f) without seeking exemption under sub-section (2) of section 9,
fails to comply with the provision of sub-section (1) of that section ; or
(g) having sought exemption under sub-section (2) of section 9, fails
to comply with an order under clause (b) of sub-section (3) of that section,
shall, on conviction by a court, be
punishable with rigorous imprisonment for a term which may extend to seven
years, or with fine which may to ten thousand rupees, or with both.
1Ins. by
the Compulsory Service in the Armed Forces (Amdt.) Ordinance. 1984 (36 of
1984), s. 2.
2Ins. by
Ord. 63 of 2000, s. 2 (w.e.f 4-10-1984).
(2) No court inferior to that of a Magistrate of the first class
invested with power under section 30 of the Code of Criminal Procedure, 1898
(Act V of 1898) shall try an offence under this Ordinance.
11. Indemnity. Except as
provided in this Ordinance, no order made,
direction issued or proceedings taken under this Ordinance shall be called in
question in any court, and no suit, prosecution or other legal proceedings shall
lie against any person for anything in good faith done or intended to be done
under this Ordinance.
12. Power
to make rules.—(1) The 1[Federal Government]
may, by notification in
the official Gazette, make rules2 for carrying out the purposes of this
Ordinance.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for—
(a) the form, procedure and mode of issue of call up notice;
(b) the travelling and other allowances payable to persons called up
for service under this Ordinance up to the date of their acceptance for such
service;
(c) the standards and conduct of tests and medical examination of person
called up for service under this Ordinance to determine their suitability for
such service and the grant of rank upon their being accepted therefor;
(d) the gratuity or compensation to be paid on the termination of
their service to persons accepted for service under this Ordinance or to the
dependents of such persons ; and
(e) any other matter which under this Ordinance is to be or may be
prescribed.
13. [Repeal] Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981),
s. 3 andSch., II.
1See
foot-note-1 on page 558, supra.
2For the
Compulsory Service (Armed Forces) Rules, 1971, see Note for No. 2101/D-I.V7I,
dated 3-12-71, Gaz. of P.. 1971, Ext., (
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