Updated: Thursday May 05, 2016/AlKhamis
Rajab 28, 1437/Bruhaspathivara
Vaisakha 15, 1938, at 12:35:11 AM
The National Guards Act, 1973
1ACT NO. LXI OF 1973
[12th1973]
An Act to
provide for the constitution and discipline of the National Guards.
WHEREAS it is expedient to
provide for the constitution and discipline of the National Guards and matters
ancillary thereto;
It is hereby enacted as
follows:---
CHAPTER I
PRELIMINARY
1. Short title,
application and commencement. ___(1) This Act may be called the National
Guards Act, 1973.
(2) It extends to the whole
of
2[(3) It shall come into force at once:---
Provided that nothing in
this Act shall be deemed to authorize the punishment of any person for any act
or omission which was not punishable before the 24th day of
December, 1973.]
2. Persons subject to
this Act.___(1) Every person enrolled in the Mujahid
Force or the Janbaz Force and every person who was subject to the Mujahid Force
Ordinance, 1965 (XXII of 1965.), immediately before the commencement of this
Act, shall be subject to this Act wherever he may be and shall remain so
subject until his discharge in accordance with this Act.
3* * * * * * *
3. Constituents of
National Guards. The
following four types of forces shall constitute the National Guards, namely:---
(a) the Mujahid Force; 3[and]
(b) the Janbaz Force [.]3
3* * * * * * *
1 For Statement of Objects and
Reasons, see Gaz. of p., 1973, Ext., Pt. III, p. 1388.
2 Subs. and shall be deemed always
to have been so subs. with effect from the 12th day of August,
1973 by the National Guards (Amdt.) Act, 1975 (57 of 1975), s. 2, for the
original sub-section (3).
3Omitted by Ord. 42 of 02, s. 2.
4. Definitions. In this Act, unless there is
anything repugnant in the subject or context,—
(1) “Board” means a Board
of Intermediate and Secondary Education;
(2) “college” means an
institution affiliated to a Board or University ;
(3) “commanding officer”
means,---
(a) when used in relation to a person subject to this Act, the
officer for the time being in command of the portion of the Force to which such
person belongs or is attached; and
(b) when used with reference to any separate portion of the
Force, the officer whose duty it is under the regulations of the Force, or, in
the absence of such regulations, by its custom, to discharge with respect to
that portion the functions of the commanding officer;
(4) “directorate of
education” means any Provincial or regional directorate of education and
includes a directorate of education in the Capital of the Federation ;
(5) “Director-General”
means the Director-General, National Guards, appointed by the Federal Government;
(6) “district” means a
revenue district of a Province;
(7) “division” means a
revenue division of a Province;
(8) “employer” means any
person who employs another person for hire or reward, either directly or
through a contractor, whether the terms of employment be ex-Dressed or implied,
and includes, in the case of an establishment, the person responsible for the
management, supervision and control of the establishment;
(9) “enrolled” means
enrolled or re-enrolled in either of the Forces referred to in clauses (a) and
(b) of section 3;
(10)”Force” means any of the 2[two]
constituents of the National Guards referred to in section 3;
(11)”independent company”
means every company which does not form part of a battalion;
(12) “junior commissioned
officer” means a. person commissioned, gazetted or in pay as junior commissioned
officer in the Force;
(13) “non-commissioned
officer” means a person enrolled and holding a non-commissioned rank in the
Force;
1 Added Subs. and Omitted by ORd. 42
of 02, s. 3.
2Subs. by Ord. 42 of 02, s. 4.
(14) “officer” means a
person commissioned, gazetted or in pay as an officer of the Force, but does
not include a junior commissioned officer;
(15) “prescribed” means
prescribed by rules;
(16) “regulations” means
regulations made under this Act;
(17) “rules” means rules
made under this Act”; and
(18) “unit” means a unit of
the Force.
______
CHAPTER II
CONSTITUTION AND CONTROL OF THE MUJAHID
FORCE
5. Constitution of
Mujahid Force. There
shall be raised and maintained, in accordance with the provisions of this Act,
a force to be designated the Mujahid Force.
6. Constitution and
disbandment of units. The
Federal Government, or any officer or authority empowered by it in this behalf,
may constitute one or more units of the Mujahid Force to be recruited from
persons residing in
7. Personnel of the
Mujahid Force. —(1)
There shall be the following classes of personnel in the Mujahid Force, namely:---
(a) officers holding commissions in the Force granted by the
President;
(b) junior commissioned officers holding
commissions in the Force granted by the Chief of the Army Staff.
(c) non-commissioned officers appointed as such by the
respective commanding officers; and
(d) Mujahids.
(2) An officer or a junior
commissioned officer shall be deemed to be enrolled in the Force for so long as
he holds commission therein.
8. Enrolment. —(1) Every male citizen of Pakistan who is
of such age as may be prescribed may offer himself for enrolment in the Mujahid
Force for service in any unit and any such person who satisfies the conditions
laid down in the regulations may be enrolled for such period and in such manner
as may be prescribed.
(2) Every person enrolled
shall, without unnecessary delay, be appointed to a unit in which he has
applied for service.
9. Transfer and
attachment. Notwithstanding
anything contained in section 8, any person appointed to a unit may,---
(a) with his consent, be transferred, whether
on disbandment of the unit or otherwise, to another unit in such manner as may
be prescribed; and
(b) at his request, be attached to another
unit.
CHAPTER III
CONSTITUTION AND CONTROL OF THE JANBAZ FORCE
10. Constitution of
Janbaz Force. There
shall be raised and maintained, in accordance with the provisions of this Act,
a force to be designated the Janbaz Force.
11. Constitution and
Janbaz Force. The
Federal Government, or any officer or authority empowered by it in this behalf,
may constitute for any division or district one or more units to be recruited
from persons residing in such division or district and may disband or
reconstitute any unit so constituted.
12. Personnel Janbaz Force. —(1)
There shall be the following classes of personnel in the Janbaz Force, namely:---
(a) officers holding commissions in the Force
granted by the President;
(b) junior commissioned officers holding commissions in the
Force granted by the Chief of the Army Staff.
(c) non-commissioned officers appointed as such by the
respective commanding officers; and
(d) Janbazes.
(2) An officer or a junior
commissioned officer shall be deemed to be enrolled in the Force for so long as
he holds commission therein.
13. Enrolment. —(1) Any male citizen of Pakistan who is
of such age as may be prescribed may offer himself for enrolment in the Janbaz
Force for service in the unit constituted for the division or district, in
which he resides and any such person who satisfies the conditions laid down in
the regulations may be enrolled for such period and in such manner as may be
prescribed.
(2) Every person enrolled
shall, without unnecessary delay, be appointed to a unit in which he has
applied for service.
14. Transfer and
attachment. Notwithstanding
anything contained in section 13, any person appointed to a unit may,---
(a) with his consent, be transferred, whether on disbandment of
the unit or otherwise, to another unit in such manner as may be prescribed;
(b) at his request, be attached to another unit; and
(c) at his request, be employed for duties
outside the division or district from which he is recruited.
CHAPTER IV
PROVISIONS APPLICABLE GENERALLY TO THE
MUJAHID FORCE AND THE JANBAZ FORCE.
15. Liability for military training.—(1)
The persons referred to in sub-section (1) of section 2 shall be liable to be
called up for training and, for the purpose of such training, their command and
control shall be regulated according to the orders of the Director General or
any authority empowered by him in this behalf.
(2) For calling up a person
under sub-section (1) it shall be sufficient to broadcast or telecast over the
Radio or Television or to publish in the newspapers a notice requiring such
person, or the class of persons to which he belongs, to report to such
authority and all such time and place as may be specified in the notices.
16. Liability to serve
and perform embodied service. —(1) Every person referred to in sub-section (1) of section
2 shall be liable to serve in any unit to which he has been appointed or
transferred or is for the time being attached and shall be subject to all rules
and regulations.
(2) Every such person shall
be liable to perform,---
(a) service when called out with any portion of the Force by an
order of the Director-General or any officer or authority empowered by him in
this behalf, either to act in support of the civil power or departments or
agencies of Government engaged in nation building activities or development
programmes or to provide guards which, in the opinion of such officer or
authority, are essential, or
(b) military service when the unit to which he belongs has been
embodied to support or supplement the Pakistan Army by an order, directing such
embodiment, of the Federal Government, or an authority empowered by it in this
behalf.
(3) For calling out a
person under sub-section (2), it shall be sufficient to broadcast or telecast
over the Radio or Television and to publish in the newspapers a notice
requiring such person, or the class of persons to which he belongs, to report
to such authority and at such time and place as may be specified in the notice.
17. Discharge. —(1) Every
person enrolled shall be entitled to receive his discharge from the Force on
the expiration of the period for which he was enrolled and may, before the
expiration of the period, be discharged from the Force by such authority and
subject to such conditions if any, as may be prescribed:
Provided that a person
enrolled who is for the time being engaged in military service shall not be
entitled to receive his discharge before the termination of such service.
(2) Every person enrolled
who becomes entitled to discharge under sub-section (1) shall be discharged
with all convenient speed.
18. Application of the
Provided that the said Act,
rules and regulations shall, in their application to such persons when called
out or embodied for service or military service under section 16 or during
training in the Mujahid Force or the Janbaz Force be modified to such extent
and in such manner as may be prescribed.
(2) Subject to any order of
the prescribed authority made in this behalf, every non-commissioned officer, Mujahid
and Janbaz of the Force,---
(a) when undergoing training, or
(b) when called out or embodied for service or military service
under section 16,
shall be subject to the Pakistan Army Act,
1952 (XXXIX of 1952), and the rules and regulations made there
under, as if he held the same rank in the Pakistan Army as he, for the time
being, holds in the Force:
Provided that the said Act,
rules and regulations shall, in their application to such non-commissioned
officer, Mujahid or Janbaz when embodied for or otherwise undergoing Training
be modified to such extent and in such manner as may be prescribed.
(3) Where any person while
he is subject to the provisions of the Pakistan Army Act, 1952 (XXXIX of 1952), commits any offence punishable thereunder,
he may, notwithstanding that he may have ceased to be so subject, be taken into
and kept in custody and tried and punished for such offence in the same manner
as he would have been liable to be tried and punished had he not ceased to be
so subject.
19. Presumption as to
certain documents. When
any person enrolled, other than an officer, is required by or in pursuance of
any rule, regulation or order made under this Act to attend at any place, a
certificate purporting to be signed by the prescribed officer stating that the
person so required to attend has failed to attend in accordance with such
requirement shall without proof of the signature or appointment of such
officer, be evidence of the matter stated therein.
20. Persons subject to
the Act to be deemed part of the
21. Exemption from local
taxation. On
embodiment for military service, notwithstanding anything contained in any
other law for the time being in force, no person shall be liable to pay any
municipal or other tax in respect of any horse, bicycle, motor cycle, scooter,
motor car or other conveyance which he is required or authorised by a general
or special order of the Chief of the Army Staff to maintain in his capacity as
a person enrolled in, or as a person otherwise connected with, the Force.
22. Treatment of period
spent in training service, etc. —(1) The period spent in embodied service or training by any
person enrolled shall count towards increment of pay,
seniority, pension and gratuity or bonus, and shall be treated by his employer
as period spent on duty.
(2) A person enrolled shall
on embodiment be entitled to draw his pay and allowances from the Federal
Government and to opt to draw these at the rates to which he was entitled
immediately before his enrolment.
(3) The pay and allowances
admissible to a person enrolled while he is on embodied service shall in no
case be less favourable to him than those to which he was entitled during his
training.
23. Extention of age
limit. Where any
maximum qualifying age has been fixed for regulating the eligibility of persons
for admission to a competitive examination held for appointment to any service
or post or any academic or professional institution or for appointment to any
service or post, a person who has served in the Mujahid Force or the Janbaz
Force shall, for the purpose of such eligibility, be entitled, notwithstanding
anything contained in any other law for the time being in force or any rule,
order or instrument, to the period actually spent by him in training or service
in such force, or both in such training and in such service, being deducted
from his age.
24. Reinstatement of
persons called up for embodied service or training. —(1) Notwithstanding anything contained in
any other law for the time being in force or in any contract or agreement, a
person enrolled who has been called up for service or training shall, upon the
termination of such service or training, be entitled to re-instatement in the
employment from which he was released at the time he was called up and the
employer shall re-instate such person in such employment or, if such
re-instatement is less favourable to him than that to which he would, in the
ordinary course, have been entitled, give him such employment as is not so less
favourable:---
Provided that the employer
shall not be required to re-instate or employ any person enrolled if he does
not apply or report to the employer for the purpose within one month of his
release from such service or training.
(2) If any employer contravenes
the provisions of subsection (1), he shall be punishable with imprisonment for
a term which may extend to six months, and with fine which may extend to ten
thousand rupees, and the court convicting him shall direct that the employer
shall also pay as compensation to the person enrolled concerned an amount equal
to six months’ remuneration of such person at the rate to which he was entitled
when he was released.
(3) No court inferior to
that of a Magistrate of the first class invested with powers under section 30
of the Code of Criminal Procedure, 1898 (Act V of 1898), shall try an offence under this section.
(4) No order made or
proceedings taken under this section shall be called in question in any court.
_____
1[* * * * * * *
CHAPTER VII
MISCELLANEOUS
36. Regrant of
Commissions. The
Federal Government or any prescribed authority may regrant commissions to
suitable retired officers of the Pakistan Army having no reserve liability, for
appointment in any of the Forces.
2[36A. The Federal Government or any prescribed authority
may re-employ suitable retired officers of the Pakistan Army having reserve
liability for service with any of the Forces:
Provided that such
re-employment shall not relieve the retired officers of their reserve
liability.]
37. Provision of storage
accommodation. The
Provincial Government shall, on such terms as may be agreed upon between that
Government and the Federal Government, provide storage accommodation for
weapons and ammunition required for the training of the Janbaz Force 3[*
* *].
38. Employer not to
prevent employee from getting enrolled. —(1) No employer shall prevent or stop any person employed
by him from getting himself enrolled under this Act.
(2) Any employer who
contravenes the provisions of subsection (1) shall be punishable with
imprisonment for a term which may extend to three months, or with fine which
may extend to five thousand rupees, or with both.
(3) No court inferior to
that of a Magistrate of the first class invested with powers under section 30
of the Code of Criminal Procedure, 1898 (Act V of 1898.), shall try an offence under this section.
1 Omitted by Ord. 42 of 02, s. 5.
2New section 36A ins. by the National
Guards (Amdt.) Act 1976 (35 of 1976). s. 2.
3Omitted by Ord. 42 of 02, s. 6.
39. Power to make
rules. —(1) The
Federal Government may make rules for carrying out the purposes of this Act.
(2) In particular and
without prejudice to the generality of the foregoing power, such rules may,---
(a) prescribe the period for which and the manner in which
persons may be enrolled;
(b) prescribe the manner in which a person enrolled may be
transferred;
(c) provide for and regulate the remuneration,
allowances, gratuities or compensation to be paid to persons subject to this
Act or to their dependants;
(d) prescribe the extent to which and the
manner in which, if any, the provisions of the Pakistan Army Act, 1952 (XXXIX of 1952), and the rules and regulations made there
under shall be modified in their application to the enrolled persons of the
Force;
(e) prescribe the officers by whom a certificate referred to in
section 19 may be signed;
(f) prescribe the authorities by whom, and the conditions
subject to which persons enrolled may be discharged;
(g) prescribe the authorities by whom a unit may be constituted
or disbanded;
(h) prescribe the training, compulsory or voluntary, for any
person or class of persons enrolled and provide for the embodiment of any unit
for that purpose;
(i) provide for the medical examination of
persons offering themselves for enrolment under this Act; and
(j) provide for any other matter which may be
necessary for effectively carrying the provisions of this Act into effect.
(3) All rules made under
this Act shall be published in the official Gazette and on such publication
shall have, effect as if enacted in this Act.
40. Power to make
regulations. The
Chief of the Army Staff may make regulations, not inconsistent with this Act
and the Rules, providing generally for all details connected with the
organisation and personnel of the Force and for duties, clothing, courses of
instruction, equipment, pay and allowances, medical treatment, pensionary
benefits, honours and awards, leave, conveyance and age limits for persons
offering themselves for enrolment or training under this Act2[and
for the training of persons enrolled].
3[40A. Rules and regulations to have
retrospective effect. Any
rule or regulation made before the enactment of the National Guards (Amendment)
Act, 1975 (LVII of 1975), shall be deemed to have been validly made and taken
effect on the twelfth day of August, 1973; and any rule or regulation made
within thirty days of such enactment may be made so as to have retrospective
effect from any day not earlier than that day.]
41. [Repeal] Omitted by the
Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3
and Sch,, II.
1 The word “training” omitted and
shall be deemed always to have been so omitted with effect from 12th day
of August, 1973 by the National Guards (Amdt.) Act, 1975 (57 of 1975), s. 7.
2 The certain words “added ibid.”
3 New S. 40A ins. ibid., s. 8.
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