Updated: Thursday January 21, 2016/AlKhamis
Rabi' Thani 11, 1437/Bruhaspathivara
Magha 01, 1937, at 05:04:52 AM
The Frontier Corps
Ordinance, 1959
ORDINANCE No. XXVI OF
1959
[29th, 1959]
An
Ordinance to consolidate and amend the law relating to the regulation of the
Frontier Corps Units
WHEREAS
it is expedient to consolidate and amend the law relating to the Regulation of
the Frontier Corps Units 1*
* * ;
NOW,
THEREFORE, in pursuance of the Proclamation of the seventh day of October,
1958, and in exercise of all powers enabling him in that behalf, the President
is pleased to make and promulgate the following Ordinance, namely:---
1.
Short title commencement and application.___(1) This Ordinance may
be called the Frontier Corps Ordinance, 1959.
(2) It
shall come into force at once.
(3) It
shall apply to the members of the Frontier Corps wherever they may be.
2.
Definitions. In
this Ordinance, unless there is anything repugnant in the subject or context,---
(a) “active service” means
service against an external aggressor or enemy, or against hostile tribes,
raiders or other hostile persons, or persons co-operating with or assisting
such aggressor, enemy, tribes, raiders or hostile persons;
(b) “Commandant” means a
person appointed under section 5 to be a Commandant of a Unit of the Frontier
Corps;
(c) “custody” means the
arrest or confinement of a person according to the usages of the service;
1The words
“operating in
1[(cc) “Deputy Inspector
General” means 2[a]
the Deputy Inspector General, Frontier Corps, appointed under section 5;]
(d) “Frontier Corps” means
the Corps or Unit referred to in section 3 or any of the individual forces comprising
it, as the context may require;
(e) “Inspector General”
means 2[an]
the Inspector General, Frontier Corps, appointed under section 5 3*
* *;
(f) “Junior Commissioned
Officer” means a person commissioned, gazetted or in pay, as a Junior Commissioned
Officer in the Frontier Corps;
(g) “member of the Frontier
Corps” means a person other than a person appointed under section 5 by the 4[Federal
Government], who at the commencement of this Ordinance, is serving in the
Frontier Corps or who after the commencement of this Ordinance has been
appointed to the Frontier Corps under this Ordinance and has signed a
recruiting roll set out in the Second Schedule and the affirmation in the form
set out in the Third Schedule, if not already signed by him:
Provided that every
person who has from the date of enrolment been in the receipt of pay as a
member of the Frontier Corps and has been borne on its roll shall be deemed to
be a member of the Frontier Corps notwithstanding that he has not signed the
said recruiting roll and affirmation;
(h) “officer” means a
person, other than a Junior Commissioned Officer, who
1 Cl. (cc)
ins. by the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 3.
2 Subs. and
shall be deemed always to have been so subs. by the Frontier Corps. (Amdt.)
Act, 1974 (2 of 1975), s. 3.
3 The words
“and includes the Deputy Inspector General Frontier Corps appointed under that
section” omitted, by Act 1 of 1965 s. 3.
4 Subs. by
Act, 2 of 1975, s. 2 for “Central Government”.
is commissioned,
gazetted or in pay, as an officer of the Pakistan Army or of the Frontier
Corps;
1[(i) “Political Officer”
means the Political Agent, Additional Political Agent, Deputy Commissioner,
Assistant Political Agent or Magistrate under whose jurisdiction any Unit of
the Frontier Corps may be stationed;]
(j) “prescribed” means
prescribed by rules made under this Ordinance; and
(k) the expressions
“assault”, “criminal force”, “fraudulently”, “murder”, “reason to believe” and
“voluntarily causing hurt” have the meaning respectively assigned to them in
the Pakistan Penal Code(XLV of 1860).
3.
Powers to maintain Frontier Crops. There shall continue to be maintained by the 2[Federal
Government] the Frontier Corps forces or units as listed in the First Schedule,
primarily for the better protection and administration of the external
frontiers of Pakistan within the limits of or adjoining the 3[Tribal
Areas] of 4[Pakistan]:
Provided
that the 2[Federal
Government] may, by notification in the official Gazette, make any addition to
or omission from the list in that Schedule as and when a new force or unit is
raised or an existing one disbanded.
4.
Constitution of Frontier Crops. The Frontier Corps shall be constituted in such
manner, and the members of the Frontier Corps shall receive such pay, pension
and other remuneration, and shall enjoy such leave and other privileges as may
be prescribed by the 2[Federal
Government] from time to time.
1 Cl. (i)
subs. by the Frontier Corps (Amdt.) Ordinance, 1965 (35 of 1965), s. 2, for the
original clause (i) (with effect from the 15th May, 1965), have
further been subs. by the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981),
s. 2, to read as above.
2 Subs. by
the Frontier Corps (Amdt.) Act, 1974, (2 of 1975), s. 2, for “Central
Government”.
3 Subs. by
A.O., 1964, Art. 2 and Sch., for “Special Areas”.
4 Subs. by
F.A.O., 1975, Art. 2 and Sch., for “
5.
Appointment and powers of superior officers.___(1) The 1[Federal
Government] may appoint 2[as
many Inspector General, Frontier Corps, and Deputy Inspector General, Frontier
Corps, as it considers necessary] and the Commandants or other officers of any
unit of the Frontier Corps.
3[(1A) Where the Federal
Government appoints more than one Inspector General or Deputy Inspector
General, it shall, by notification in the official Gazette, specify the area
within which each one of them shall exercise jurisdiction under this
Ordinance.]
(2) Every
Commandant and other officer so appointed shall possess, and may exercise, such
powers and authority over the subordinate officers and members of the Frontier
Corps for the time being under their command as is provided by or under this
Ordinance.
6.
Appointment of subordinate officers and men.___(1) The appointment of
all subordinate officers and other members of the Frontier Corps shall be made
by the Inspector General or the Commandants in such manner and subject to such
conditions as may be prescribed.
(2)
Before a person is appointed under sub-section (1) the statement contained in
the recruiting roll and affirmation set out respectively in the Second and
Third Schedules shall at any convenient place be read out and, if necessary,
explained to him in the presence of a Commandant, or other officer appointed
under section 5, and shall thereafter be singed by such person in
acknowledgement of its having been so read out to him.
(3) When
the affirmation set out in the Third Schedule is read out it shall be repeated
by the parson making affirmation before he signs it.
7.
Superintendence, command control and administration of Frontier Crops.___(1) The superintendence
of and command and control over the Frontier Corps
1 Subs. by
the Frontier Corps (Amdt.) 1974 (2 of 1975), s. 2, for “Central Government”.
2 Subs. and
shall be deemed always to have been so subs., ibid., s. 4.
3 Ins. ibid.,
shall vest in the 1[Federal
Government], and the Frontier Corps shall be administered, commanded and
controlled by the Inspector General and the Commandants in accordance with the
provisions of this Ordinance and any rules made thereunder and such orders and
instructions as may be made or issued by the 1[Federal
Government] from time to time.
2[(2) Every Frontier
Corps and the Commandant of every Unit of a Frontier Corps shall, in time of
peace, be subject, save in respect of administration, internal economy and
training, to the directions of the Political Agent or the Deputy Commissioner
of the Area within which the headquarters of the Frontier Corps are located.]
8.
More heinous offences.___(1) Every member of the
Frontier Corps who___
(a) begins, excites, causes
or conspires to cause or joins in any mutiny, or being present at any mutiny
does not use his utmost endeavours to suppress it, or knowing, or having reason
to believe in, the existence of any mutiny or of any intention or conspiracy to
mutiny, or of any conspiracy against the authority of the Government does not,
without delay, give information thereof to his superior officer ; or
(b) uses, or attempts to
use, criminal force to, or commits an assault on, his superior officer whether
on or off duty and whether or not knowing or having reason to believe him to
be such ; or
(c) shamefully abandons or
delivers up any garrison, fortress, post or guard which is committed to his
charge, or which it is his duty to defend ; or
(d) directly or indirectly
holds correspondence with, or assists or relieves,
1 Subs. by
the Frontier Corps (Amdt.) Act, 1974 (2 of 1975), s. 2, for “Central
Government”.
2 Subs. by
the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 4, for the original
sub-section (2).
any person in arms
against the authority of the Government, or omits to disclose immediately to
his superior officer any such correspondence coming to his knowledge ; or
1[(dd) deserts the Frontier
Corps ; or]
(e) while on active service___
(i) disobeys the lawful
command of his superior officer; or
2* * * * * * *
(iii) being a sentry, sleeps
upon his post, or quits it without being regularly relieved or without leave ;
or
(iv) leaves his superior
officer or his post or party to go in search of plunder ; or
(v) quits his guard,
picquet party or patrol without being regularly relieved or without leave ; or
(vi) uses criminal force to,
or commits an assault on, any person bringing provisions or other necessaries
to camp or quarters, or forces a safeguard, or breaks into any house or other
place for plunder, or plunders, destroys or damages any property of any kind ;
or
(vii) intentionally causes or
spreads a false alarm in action or in camp, garrison or quarters ; or
(viii) displays cowardice in
the execution of his duty; shall be punishable, in the case of clause (a), with
death or imprisonment for a term which may extend to fourteen years, and in
other
1 Cl. (dd)
ins. by the Frontier Corps (Amdt.) Act 1965 (I of 1965), s. 5.
2
Sub-Clause (ii) omitted, ibid.
cases, with 1[imprisonment]
for life or for a period of not less than seven years, or with imprisonment for
a term which may extend to fourteen years, or with fine which may extend to
three months’ pay and allowances excluding warm clothing and half mounting
allowances, or with fine to that extent in addition to such sentence of 2*
* * imprisonment:
Provided
that if any member of the Frontier Corps while on active service with a force
beyond the limits of Pakistan commits any offence described in clause (c),
clause (d) or 3[clause
(dd)], he may be punished with death.
(2) If
any member of the Frontier Corps is charged with committing any offence
described in clause (a) of sub-section (1), or an offence punishable under the
proviso to that sub-section, or the offence of murder, he may, notwithstanding
anything contained in this Ordinance or in any other law for the time being in
force, be summarily tried for such offence by the Political Officer 4*
* * sitting with two other officers appointed by the Political Officer in consultation
with the Commandant for such purpose.
(3) Every
officer appointed under sub-section (2) shall be either___
(a) a person appointed under
section 5, or
(b) a person holding a
commission in the Pakistan Army; or
(c) a civil officer of the
Provincial or 5[Federal
Government] holding Gazetted Class I post:
1 Subs. by
the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3
and Sch. II.
2 Omitted,
ibid.
3 Subs. by
the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 5, for “sub-clause (ii) of
clause (e)”.
4 Omitted
by the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 3.
5 Subs. by
the Frontier Corps (Amdt.) Act, 1974 (2 of 1975), s. 2 for “Central
Government”.
Provided
that, if circumstances permit, not less than one such officer shall be a person
appointed under section 5.
(4)
Notwithstanding anything contained in any other law for the time being in
force, if in a trial under sub-section (2) one or both of the officers sitting
with the Political Officer concur with him in finding the accused person guilty
of an offence referred to in that sub-section, and if the Political Officer
considers the case one in which a sentence of death should be passed, he may,
in passing such sentence, direct that the accused person shall be forthwith
shot to death, and such sentence shall be carried out in accordance with such
direction.
9.
Less heinous offences. Every member of the Frontier Corps who___
(a) is in a state of
intoxication when on, or after having been warned for, any duty, or on parade
or on the line of march; or
(b) strikes or attempts to
force any sentry; or
(c) being in command of a
guard, picquet or patrol, refuses to receive any prisoner or person duly committed
to his charge, or releases without proper authority any prisoner or person
placed under his charge, or negligently suffers any such prisoner or person to
escape; or
(d) being under arrest or
in confinement, leaves his arrest or confinement before he is set at liberty by
proper authority; or
(e) is grossly
insubordinate or insolent to his superior officer in the execution of his
office; or
(f) refuses to superintend
or assist in the making of any fieldwork or other work of any description
ordered to be made either in quarters or in the field; or
(g) strikes or otherwise
ill-uses any member of the Frontier Corps subordinate to him in rank or
position; or
(h) being in command at any
post or on the march, and receiving a report that any one under his command has
beaten or otherwise maltreated or oppressed any person or has committed any
riot or trespass, fails, on proof of the truth of the report, to report the
matter to the proper authority; or
(i) designedly or through
neglect injures or loses or fraudulently disposes, of, his arms, clothes,
tools, equipments, ammunition, accoutrement 1[,
animals] or Frontier Corps necessaries, or any such articles entrusted to him
or belonging to any other person, or any animals belonging to the Frontier
Corps; or
(j) malingers, or feigns or
produces disease or infirmity in himself, or intentionally delays his cure or
aggravates his disease or infirmity; or
(k) with intent to render
himself or any other person unfit for service, voluntarily causes hurt to
himself or any other person; or
(l) does not, when called
upon by his superior officer so to do or, upon ceasing to be a member of the
Frontier Corps forthwith deliver up, or duly account for, all or any arms,
ammunition, stores, accoutrements or other property issued or supplied to him,
or in his custody or possession, as a member of the Frontier Corps; or
(m) knowingly furnishes a
false return or report of the number or state of any men under his command or
charge or of any money, arms, ammunition, clothing equipments, stores or other
property in his charge, whether belonging to such men or to the Government or
to any member of, or any person attached to, the Frontier Corps, or through
design
1Ins. by
the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 6.
or culpable neglect
omits or refuses to make or send any return or report of any of the matters
aforesaid; or
(n) absents himself without
leave, or without sufficient cause over-stays leave granted to him; or
(o) contravenes any
provision of this Ordinance for which no punishment is expressly provided; or
(p) is guilty of any act or
omission which, though not specified in this Ordinance, is prejudicial to good
order and discipline; or
(q) while not on active service,
commits any of the offences described in clause (e) of sub-section (1) of
section 8,
shall be punishable with imprisonment for a term
which may extend to one year, or with fine which may extend to three months pay
and allowances excluding half mounting and warm clothing allowances or with
both.
10.
Summary punishments.___(1) The Inspector
General may, subject to any rules made under this Ordinance summarily award, in
lieu of or in addition to suspension, 1[Compulsory
retirement,] removal, or dismissal from service, any one or more of the following
punishments to any member of the Frontier Corps whom he considers to be guilty
of disobedience, neglect of duty or remissness in the discharge of any duty,
or of rendering himself unfit to discharge his duty, or of other misconduct in
his capacity as a member of the Frontier Corps, that is to say:___
(a) reduction in rank;
(b) fine to any amount not
exceeding one month’s pay and allowances;
1 Ins. by
the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 4.
(c) detention in quarters
for a term not exceeding one month;
(d) rigorous imprisonment
for a term not exceeding two years, with or without drill, extra guard, fatigue
or other duty;
(e) removal from any office
of distinction or special emolument in the Frontier Corps;
(f) extra guards and
picquets;
1[(g) forfeiture of increment
in pay;]
(h) in the case of Junior
Commissioned Officers and non commissioned officers, reprimand or severe
reprimand:
Provided
that the punishments specified in clauses (c) and (d) shall not be awarded to
Junior Commissioned Officers.
2[(1A) The Inspector
General may delegate, to such extent and in respect of such Frontier Corps as
he may think fit, the powers conferred upon him by sub-section (1) to the
Deputy Inspector General.]
(2) A
Commandant may, in respect of members of the Frontier Corps subordinate to him
exercise the powers conferred on the Inspector General by sub-section (1):
Provided
that a Commandant shall not award imprisonment for a term exceeding one year,
or, in the case of a Junior Commissioned Officer, the punishment of reduction
in rank.
(3) A
Commandant may delegate, to such extent as he may think fit, the powers
conferred upon him by sub-section (2) to any person appointed under section 5
who is under his command.
1 Subs. by
the Frontier Corps (Amdt.) Act, 1965 (1 of 1965), s. 7, for the original clause
(g).
2
Sub-section (1A), ins. ibid.
11.
Place of imprisonment, and liability to dismissal on imprisonment.___(1) Every person
sentenced under this Ordinance to imprisonment 1*
* * may be removed or dismissed from the Frontier Corps and shall be further
liable by special order of the 2[Federal
Government] or the Court, to forfeiture of pay and allowances and other public
money due to him as well as of any medals and decorations received by him.
(2) Every
person so sentenced to imprisonment shall, if he is so removed or dismissed, be
imprisoned in the nearest prison or such other prison as the Central Government
may, by general or special order, direct, but if he is not so removed or
dismissed, he may, if the Court or the Commandant so directs, be confined in
the quarter guard or such other place as the Court or the Commandant may
consider suitable.
12.
Deductions from pay and allowances. The following penal deductions may be made from
the pay and allowances of a member of the Frontier Corps by the Commandant
under whom he is serving, that is to say,___
(a) all pay and allowances
excluding half mounting and warm clothing allowances for every day of absence
either on desertion or without leave and for every day of imprisonment by a
Criminal Court or of rigorous imprisonment awarded under section 10;
(b) all pay and allowances
excluding half mounting and warm clothing allowances for every day while he is
in custody on a charge for an offence of which he is afterwards convicted;
(c) all pay and allowances
excluding half mounting and warm clothing allowances for every day on which he
is in hospital on account
1 Omitted
by the Federal Laws (Revision and Declaration), 1981 (27 of 1981), s. 3, and
Sch. II.
2 Subs. by
the Frontier Corps (Amdt.) Act, 1974, (2 of 1975), for “Central Government”.
of sickness certified by
the medical officer attending on him at the hospital to have been caused by an
offence under this Ordinance committed by him;
(d) good service or good
conduct pay ordered to be forfeited under section 10; and
(e) such sum as may be
ordered by the Inspector General or the Commandant in order to make good any
expenses caused by the member of the Frontier Corps, or any loss by him of, or
damage or destruction done by him to, any arms, ammunition, equipment,
clothings, instruments, decorations or necessaries belonging to the Frontier
Corps or to any buildings or property,
13.
Collective fines. Whenever
any weapon or part of a weapon or ammunition forming part of the equipment of
a company or other similar unit of the Frontier Corps is lost or stolen, the
Commandant may, after making such inquiry as he thinks fit and subject to such
rules as may be prescribed, impose a collective fine upon the subordinate
officers and men of such unit, or upon so many of them as in his judgment
should be held responsible for such loss or theft.
14.
Resignation and withdrawal from the Frontier Crops. No member of the
Frontier Corps shall be at liberty to__
(a) resign his appointment
during the term of engagement,
(b) withdraw himself from
all or any of the duties of his appointment, without the sanction of the
Commandant under whom he is serving or of some other officer authorized by the
Commandant to grant such sanction.
15.
General duties of members of the Frontier Crops.__(1) It shall be the duty
of every member of the Frontier Corps promptly to obey and to execute all
orders and warrants lawfully issued to him by any competent authority, to
detect and bring offenders to justice, and to apprehend all persons whom he is
legally authorized to apprehend and for whose apprehension sufficient grounds
exist.
(2) Every
member of the Frontier Corps shall be liable to serve anywhere without and
beyond, as well as within, the land frontiers of
16.
Protection of persons serving in the Frontier Crops.____ (1) In any suit or
proceeding against any person appointed under section 5 or any member of the
Frontier Corps for any act done by him in pursuance of a warrant or order of a
competent authority, it shall be lawful for him to plead that such act was
done by him under the authority of such warrant or order.
(2) Such
plea may be proved by the production of the warrant or order directing the act,
and if it is so proved, the defendant shall thereupon be discharged from
liability in respect of the act so done by him, notwithstanding any defect in
the jurisdiction of the authority which issued the warrant or order.
(3)
Notwithstanding anything contained in any other law for the time being in
force, all suits and proceedings (whether civil or criminal) against any person
which may lawfully be brought for anything done or intended to be done under
the powers conferred by, or in pursuance of, any provision of this Ordinance or
the rules made thereunder, shall be commenced within three months after the act
complained of was committed, and not otherwise, and notice in writing of such
suit or proceeding and of the cause thereof shall be give to the defendant or
his superior officer one month at least before the commencement of the suit or
proceeding.
17.
Jurisdiction.____(1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the 1[Federal
Government] may declare that any Court specified for the purpose and no other
shall be deemed to be the Court of Session or the Court of a Magistrate for the
disposal of cases or any class of cases arising under
1 Subs. by
the Frontier Corps (Amdt.) Act, 1974 (2 of 1975), s. 2, for “Central
Government”.
this Ordinance and that appeals from sentences
passed under this Ordinance or from any class of such sentences shall lie to
any authority specified by the 1[Federal
Government] and no other.
(2) Any
person invested with any powers under the Code of Criminal Procedure, 1898(Act V of 1898), for the disposal of any case under this
Ordinance within the limits of Pakistan shall, in relation to any case arising
under this Ordinance beyond such limits, have the same power and be subject to
the same conditions as to appeal and other matters as if such case had arisen
within such limits.
18.
Commencement and execution of sentence.__(1) Whenever any person
is sentenced under this Ordinance to 2[imprisonment
for life], rigorous imprisonment or detention, the term of sentence shall,
whether it has been revised or not, be reckoned to commence on the day on which
the original proceedings were signed by the Court.
(2)
Whenever any sentence of 2[imprisonment
for life] or rigorous imprisonment is passed under this Ordinance, or whenever
any sentence of death so passed is commuted to 2[imprisonment
for life] or to rigorous imprisonment, the Commandant of the corps to which the
person under sentence belongs, or such other officer as may be specified by the
Inspector General shall forward a warrant in the prescribed form to the officer
in charge of the civil prison in which such person is to be confined and shall
forward him to such prison with the warrant:
Provided
that in the case of a sentence of rigorous imprisonment for a period not
exceeding one month, the Court, may direct that the sentence shall be carried
out in the Frontier Corps custody:
Provided
further that, on active service, a sentence of rigorous imprisonment may be carried
out by confinement in such place as the Commandant of the corps in the field,
may, from time to time appoint.
1 Subs. by
the Frontier Corps (Amdt.) Act, 1974 ( 2 of 1975), s. 2, for “Central
Government”.
2 Subs. by
the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 5, for
“Transportation”.
(3)
Whenever, in the opinion of the Inspector General, any sentence or portion of a
sentence of imprisonment cannot, for special reasons, be conveniently carried
out in accordance with the aforementioned provision, the Inspector General, may
direct that such sentence or portion of sentence shall be carried out by
confinement in any civil prison or other fit place.
19.
Execution of sentence of detention. Where a sentence of detention is passed under
this Ordinance the person on whom that sentence has been passed shall undergo
the term of his detention either in a detention barrack specified by the
Inspector General for the purpose, or in the Frontier Corps custody, or partly
in one and partly in the other but not in a prison.
20. [Interim Custody of
offenders sentenced to transportation.] Omitted by the Frontier Corps (Amdt.)
Ordinance, 1981 (9 of 1981), s. 6.
21.
Conveyance of prisoners from place to place. A person under sentence of 1[imprisonment
for life], rigorous imprisonment or detention may, during his conveyance from
place to place, be subjected to such restraint as is necessary for his safe
conduct and removal.
22.
Communication of certain orders to civil prison officers. Whenever an order is duly
made under this Ordinance setting aside or varying any sentence, order or
warrant under which any person is confined in a civil prison, a warrant in
accordance with such order shall be forwarded by the court or the officer,
appointed for the purpose by the Inspector General, to the officer in charge of
the prison in which the person is confined.
23.
Custody of offenders.____(1) Any person subject
to this Ordinance who is charged with any offence may be taken into Frontier
Corps custody by any Junior Commissioned Officer or non-commissioned officer
senior in rank to the person charged with any offence:
Provided
that in the case offences of mutiny or murder, the offender may also be
arrested by any person junior to him in rank.
1 Subs. by
the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 7.
(2) Every
Commandant shall take care that a person under his command when charged with an
offence is not detained in custody for more than forty-eight hours after the
committal of such person into custody is reported to him, without the charge
being investigated, unless investigation within that period seems to him to be
impracticable having due regard to the public service and every case of a
person detained in custody beyond a period of forty-eight hours and the reason
therefore shall be reported by the Commandant to the prescribed authority while
making an application for the trial of the person charged:
Provided
that in reckoning the period of forty-eight hours all public holidays shall be
excluded.
(3) In
every case where any such person as is mentioned in sub-section (1) remains in
custody for a period exceeding eight days, without the orders of his trial, a
special report giving reason for the delay shall be made by the Commandant concerned
to the Inspector General.
24.
Capture of deserters.___(1) Whenever any person
subject to this Ordinance deserts, his Commandant shall give written
information of the desertion to such civil authorities as in his opinion may be
able to afford assistance towards the capture of the deserter and such
authorities shall thereupon take steps for the apprehension of the said
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 Frontier Corps custody.
(2) Any
police officer may arrest without warrant any person whom he reasonably
believes to be subject to this Ordinance and a deserter or absentee without
leave and bring him without delay before the nearest magistrate, as if he were
a deserter from the Pakistan Army.
25.
Saving. No
suit, prosecution or other legal proceeding shall lie for anything which is in
good faith done or intended to be done under this Ordinance or any rules made
thereunder.
26.
Power to make rules. The
1[Federal
Government] may, by notification in the official Gazette, make rules2___
(a) regulating the
functions and powers of persons appointed under section 5;
(b) regulating the classes
and grades of, and the remuneration to be paid to, members of the Frontier
Corps and their conditions of service;
(c) fixing the period of
service for members of the Frontier Corps in any local areas;
(d) regulating the award of
summary punishments under section 10, and providing for appeals from or the
revision of, orders under that section, and for the remission of fines imposed
under that section and of deductions made under section 12;
(e) regulating the several
or collective liability of members of the Frontier Corps in the case of the
loss or theft of weapons or ammunitions; and
(f) generally, for the
purpose of carrying into effect the 3[provisions]
of this Ordinance.
27. [Repeal.]
Omitted
by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.
3 and II Sch.
______
4[FIRST SCHEDULE
(See section 3)
Frontier
Corps forces maintained by the Federal Government____
A. Frontier Corps,
(1) The
Headquarters, Frontier Corps,
(2) The
Chitral Scouts;
(3) The
Khyber Rifles;
(4) The
Khurram Militia;
(5) The
Thall Scouts;
1 Subs. by
the Frontier Corps (Amdt.) Act, 1974 (2 of 1975), s. 2, for “Central
Government”.
2 For the
Frontier Corps Rules, 1961, see Gaz. of P., 1961, Pt. I, pp. 228___232.
3 Subs. by
the Frontier Corps (Amdt.) Act, 1965 (1 of 1965 ), s. 8, for “purposes”.
4 Subs. by
the Frontier Corps (Amdt.) Ordinance, 1981 (9 of 1981), s. 8 for the first
Schedule which was previously amended by Act, 1 of 1965 and Ordinance, 35 of
1965, to read as above.
(6) The
Tochi Scouts;
(7) The
(8) The
Dir Militia;
(9) The
Mohmand Rifles;
(10) The
Mahsud Scouts ;
(11) The
Bajaur Scouts;
(12) The
Shawal Rifles ;
(13)
Training Centre; and
(14) The
Kohistan Scouts;
B. Frontier Corps,
(1) The
Headquarters, Frontier Corps,
(2) The
Zhob Militia;
(3) The
Pishin Scouts;
(4) The
Chagai Militia;
(5) The
Mekran Scouts;
(6) The
Kalat Scouts;
(7) The
Sibi Scouts;
(8) The
Maiwand Rifles;
(9)
(10) The
Bhanbore Rifles;
(11) The
Ghazaband Scouts;
(12) The
Kharan Rifles and
(13) The
Loralai Scouts.]
______
SECOND SCHEDULE
[See section 6(2)]
(Recruiting roll)
After you
have served in the Frontier Corps for such period as has been fixed under the
Frontier Corps Ordinance, 1959, you may at any time when not on active service,
apply for your discharge, through the officer to whom you may be subordinate to
the Commandant, and you will be granted your discharge after three months from
the date of your application, unless your discharge would cause the vacancies
in that unit of the Frontier Corps to exceed one-tenth of the sanctioned
strength, in which case you shall be bound to remain until this objection is
waived or removed. But when on active service, you shall have no claim to a
discharge, and you shall be bound to remain to do your duty until the necessity
for retaining you in the Frontier Corps ceases, when you may make your
application in the manner mentioned above.
Signed in
acknowledgement of the above having been read out to me. I have understood the
purport of what has been read out.
Person enrolled
Date…………
Signed in my presence after I had ascertained
that the recruit understood the purport of what he signed.
Commandant or other enrolling officer.
Date………….
_______
THIRD SCHEDULE
FORM OF AFFIRMATION
[See section
6(2)]
I, . . .
. . . . . . . . . . . . . . . . . . . . . . . . . solemnly affirm in the presence
of Almighty God that I will be faithful and bear true allegiance to the
Government of Pakistan and that I will, as in duty bound, honestly and
faithfully serve in the Pakistan Frontier Corps and go within the terms of my
enrolment wherever I may be ordered by air, land or sea, and that I will
observe and obey all commands of any officer set over me even to the peril of
my life.
Signed in acknowledgement of the above
having been read out to me.
I subscribed to it.
……………………
Signed in my presence after I had
ascertained that the person
understood the purport of
what he signed.
………………….
Roman Urdu Translation of Affirmation
Roman Pushto Translation of Affirmation
Zeh …………………………Pak Khudai Taala hazir au nazir
ganran, au la
iman sara iqrar kawam the zo ba da Pakistan da
Hukumat pa wafadari au da khpul zrah sidq zara ba da Pakistan Frontier Corps
khidmat kawam, au laka the ma bande farz wi so ba da zrah sadiq sara da bhartai
da shartunu pa mutdbiq, da darya khushki ya da hawa pa liyare har charta the ma
to hukam wushi ba zam au harsok the pa ma bande afsar muqarrar wi da hagba tolo
bukmuno ba tamil au pairwi kawam ka pa de ke da zan khatra, ham wi.
1[Roman Baluchi
Translation of Affirmation,
Man…………………….
Khuda-i-Tala-Ha-Hazir-o-Nazir Zanta Imana Goon Quol Khna ghan ke man Pakistan
ae Hukumata Goon sidiq-e-Dila wafadare beyan Pakistan Frontier Corps-e-Taha
Imandari-o-Wafadari Khidmat-o-Farzha ada Kanen, Bharti Bayage sooratht Hawa,
Hushki ya Daryae-o-Zirri Raha Goon Key har Handia ke Rawagae Hukum
Beraseeot-Rawaan-o-Har kesey dey mani Afsar Muqarrar kanag bibeet aanhiencae
har Hukama manna Tonrhein key anhienha ma saaye Kahtra bibeet.].
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