Updated: Thursday May 05, 2016/AlKhamis
Rajab 28, 1437/Bruhaspathivara
Vaisakha 15, 1938, at 12:44:04 AM
The
lACT NO. XVIII OF
1973
[4th February, 1973]
An Act to provide for the constitution and
regulation of the
WHEREAS it is expedient to
provide for the constitution and regulation of the Pakistan Coast Guards and
for special measures to effectively check smuggling of any kind across the
frontiers of Pakistan in the coastal area of the Arabian Sea and also to deal
with persons acting in a manner prejudicial to the defence and security of
Pakistan in that area;
It is hereby enacted as
follows:—
CHAPTER I
Preliminary
1. Short title, application
and commencement.—(1)
This Act may be called the Pakistan Coast Guards Act, 1973.
(2) It shall apply to all
members of the Pakistan Coast Guards wherever they may be serving.
(3) It shall come into
force at once.
2. Interpretation. In this Act, unless there is anything
repugnant in the subject or context,—
(i) "Coastal area" means the area specified in the
First Schedule;
(ii) "Commandant" means a person appointed under
section 4 to be a Commandant of a Unit of the Force;
(iii) "Custody" means the arrest and confinement
of a person as prescribed;
(iv) "Deputy Director General" means the Deputy
Director General, Pakistan Coast Guards, appointed under section 4;
(v) "Director General" means the Director General,
Pakistan Coast Guards, appointed under section 4;
(vi) "Force" means the Pakistan Coast Guards
constituted under section 3 or any of the Individual forces comprising it, as
the context may require;
(vii) "Junior Commissioned Officer" means a
person commissioned, gazetted or in pay as a Junior Commissioned Officer in the
Force;
1For Statement of Objects and Reasons,
see Gaz. of P., 1973, Ext.,
(viii) "Member of the Force" means a person, other
than a person appointed under section 4, who is appointed to the Force and has
signed a recruiting roll set out in the Second Schedule and the affirmation in
the form set out in the Third Schedule;
(ix) "Officer" means a person, other than a
junior, commissioned officer, who is commissioned, gazetted or in pay as an
officer of any of the Defence Services of Pakistan or of the Force;
(x) "Prescribed" means prescribed by
rules made under this Act; and
(xi) "Superior Officer", in relation to any
member of the force, means a higher appointment, or any noncommissioned
officer, junior commissioned officer and an officer of a higher class, a higher
grade in the same class, or holding a higher appointment which may place him in
a superior position in relation to others according to usage of the Force.
3. Power to constitute
and maintain the force and its functions. The Federal Government may constitute and maintain a
Force to be called the Pakistan Coast Guards for performing the following
functions, namely:—
(a) prevention of smuggling;
(b) prevention of illegal immigration to and migration from the
country;
(c) stopping enemy agents or saboteurs from infiltrating into
the country along the coastal areas; and
(d) supplementing defence in war.
4. Appointment of
officers of Force. The
Federal Government may, by notification in the official Gazette, appoint any
member of any of the Defence Services of Pakistan to be—
(a) Director General;
(b) Deputy Director General;
(c) Commandant; and
(d) any other Commissioned Officer of any of the Defence
Services of Pakistan with any other designation.
5. Appointment of
subordinate and ministerial staff.—(1) The Director General or a person authorised by the Federal
Government in this behalf may appoint junior commissioned officers, subordinate
and ministerial staff and other members of the Force and determine the duties
to be performed by such officers, staff and other members.
(2) Appointments under
sub-section (1) shall be made by direct recruitment or promotion or from
personnel on deputation from any of the Defence Services of Pakistan, the Civil
Armed Forces, or any other Department of Government in such manner as may be
prescribed.
Explanation.—In this sub-section "Civil Armed
Forces" means such forces as the Federal Government may, by notification
in the official Gazette, specify.
(3) 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,
in the presence of a Commandant, or other officer appointed under section 4,
at any convenient place be read out and, if necessary, explained to him who
shall, in acknowledgement of the statement having been so read out to him, put
his signature to it.
(4) When the affirmation set
out in the Third Schedule is read out, it shall be repeated by the person
making affirmation before he signs it.
6. Superintendence,
command, control and administration of the Force. Subject to the superintendence and control
of the Federal Government, the Force shall be commanded and administered by the
Director General in accordance with the provisions of this Act and the rules
made thereunder and such orders and instructions as may be made or issued by
the Federal Government from time to time.
7. Pay, Pension, etc.,
of officers and members. The
officers and members of the Force shall receive such pay, pension and other
remuneration, and shall enjoy such leave and other privileges as may be
prescribed from time to time.
8. Members to be subject
to Pakistan Army Act, 1952.—(1)
Every officer and member of the Force shall, unless he is already so subject,
be subject to the Pakistan Army Act, 1952 (XXXIX of 1952), hereinafter referred to as the Act, as
officers, junior commissioned officers and persons controlled under the Act
according as they are respectively officers, junior commissioned officers and
other members of the Force.
(2)The Director General
shall, in respect of all officers and members of the Force, have all the powers
conferred by or under the Act on an officer empowered to convene a general
court martial.
(3) Subject to sub-section
(2), the Federal Government may, by general or special order, direct by what
authority any jurisdiction, powers or duties incidental to the operation of
the provisions of the Act shall be exercised or performed in respect of the
Force.
9. Consequence of
sentence of imprisonment. A member of the Force who is sentenced to a term of imprisonment
for a term which is not less than ninety days shall be deemed to have been
dismissed from the Force.
10. Suspension. Any officer or junior commissioned
officer shall be competent to suspend in the prescribed manner a member of the
Force working under him for any misconduct, remissness or negligence in the
discharge of his duties.
11. Place of
imprisonment. If a
member of the Force sentenced under the Act to imprisonment for a term not
exceeding one month is also dismissed from service, he shall be imprisoned in
the nearest prison or such other prison as the Federal Government may, by
general or special order, direct, but if he is not so dismissed, he may be
confined in a quarter guard or such other place as the Director General may
consider suitable.
12. Capture of deserts.—(1) Whenever any person subject to this
Act 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, into the custody of the Force.
(2) Any police officer may
arrest without warrant any person whom he reasonably believes to be subject to
this Act and a deserter or absentee without leave and bring him without delay
before the nearest Magistrate, to be dealt with according to law.
13. Appeal and revision.—(1) In all cases decided by the Deputy
Director General, of the Commandant or any other officer, a person aggrieved
may, within thirty days of the order, appeal to the officer higher than the one
awarding the punishment.
(2) A person aggrieved by
an order of the Director General awarding any punishment may, within thirty
days of the order, apply to the Federal Government for a revision.
______________
CHAPTER II
POWERS AND FUNCTIONS OF OFFICERS AND
MEMBERS
14. Powers of the
officers of the Force.—(1)
The officers and members of the Force shall perform such functions of. officers
of customs as may be entrusted to them and exercise such powers under the
Customs Act, 1969 (IV of 1969) as may be delegated to them under section 6 of
that Act for the purposes of prevention of smuggling along the coastal areas of
the Provinces of Sind and Baluchistan, excepting the limits of the various
ports in those areas.
(2) In addition to the
powers conferred under sub-section (1), the officers and junior commissioned
officers of the Force shall exercise all the power conferred on the officer in
charge of a police station under the Police Act, 1861 (V of 1861), and under the Code of Criminal Procedure, 1898
(V of 1898).
15. Disposal of goods
seized by members of the Force. All goods seized by any officer or member of the Force shall be
dealt with in accordance with the provisions of section 169 of the Customs Act,
1969 (IV of 1969) and an officer nominated by the Director
General, shall be associated at the time of their final disposal by an
appropriate Customs authority under that Act.
__________________
CHAPTER III
MISCELLANEOUS
16. Placing of Force
under command of Chief of Staff, Pakistan Army.—(1) The Federal Government may at any
time, by order in writing, place the entire Force or any part of it under the
command of the Chief of Staff of the Pakistan Army for employment within the
overall operational plan of the Pakistan Army.
(2) Notwithstanding an
order under sub-section (1), the Force shall continue to be subject to the
provisions of this Act.
17. Indemnity. No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith
done or intended to be done under this Act or any rules or regulations made
thereunder.
18. Power to make rules
and regulations.—(1) The
Federal Government may, by notification in the official Gazette, make rules—
(a) regulating the functions and powers of
persons appointed under section 4;
(b) regulating the classes and grades of, and
the remuneration to be paid to, officers and members of the Force and their
conditions of service; and .
(c) generally for the purpose of carrying into effect the
provisions of this Act,
(2) The Director General
may, by notification in the official Gazette published with the prior approval
in writing of the Federal Government, make regulations consistent with this Act
and the rules for carrying out the purposes of this Act.
19. [Repeal] Omitted by the Federal
Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch.,
II.
FIRST SCHEDULE
[See section 2(i)]
Southern strip of the
Province of Baluchistan along and astride the existing road emanating from the
Pak-Iran border connecting the*towns of MAN-TURB—HOSHAB—BAZDAR BELA—UTHAL to
HUB RIVER (BUNDAT-MURAD) and also the southern area of the Province of Sind along
and astride the line and road from HUB RIVER (BUNDMURAD)— GADAP—SARI SING—THANO
BULAKHAN—BANO— MIRPUR BATARO—JATTI to the Arabian Sea but excluding the limits
of any port in those areas.
SECOND SCHEDULE
[See section 2 (viii)]
(RECRUITING ROLL)
After you have served in
the Pakistan Coast guard for such period as has been fixed under the Pakistan
Coast Guards Act, 1973, you may at any time when not on active duty, 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 Coast
Guards 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 duty, 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 Coast Guards 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.
THIRD SCHEDULE
[See section 2 (viii)]
(FORM OF AFFIRMATION)
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 Coast Guards and go 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.
SIGNED in my presence after I had
ascertained that the person understood the purport of what he signed.
Commandant or other Enrolling Officer.
Roman Urdu Translation of Affirmation
"Main Khuda-i-Taala ko
hazir-o-nazir jankar Khulus ke sath iqrar karta hun kin Pakistan kih Hukumat ka
sidq-i-dil se wafadar aur itaatguzar rahunga aur apna farz sam-jhunga kih
Pakistan Coast Guards men imandari aur wafadari ke sath khidmat baja laun.
Bharti hone ki sharait ke mutabiq khushki, hava ya samundar ke raste jahan bhi
jane ka hukam milega jaunga aur jise mera afsar muqafrar kia jaega uske tamam
ahkam ki tamil aur itaat karunga, khuwah us men mujhe jan ka khatra kiun na
ho".
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