Updated: Wednesday April 06, 2016/AlArbia'a
Jamada El Thaniah 28, 1437/Budhavara
Chaitra 17, 1938, at 11:42:28 AM
The
ORDINANCE NO. XXII OF 1970
[7th November, 1970]
An Ordinance to
introduce compulsory national service in Pakistan
WHEREAS it is expedient to
introduce compulsory national service in
NOW, THEREFORE, in
pursuance of the 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
Pakistan National Service Ordinance, 1970.
(2) It extends to the whole
of
(3) It shall come into
force on such 1day as the 2[Federal Government] may, by notification
in the official Gazette, appoint in this behalf.
2.
Definitions. In this
Ordinance, unless there is anything repugnant in the subject or context,---
(a) “emoluments” in relation to a person,
includes the pay, allowances, gratuity, fees, commissions, perquisites and
profits which such person is entitled to receive from his employer for his
services;
(b) “employer” means any person or body of
persons, whether incorporated or not, who or which employs another person for
hire or reward, either directly or through a contractor, whether the terms of
employment be express or implied and includes, in the case of an establishment,
the person responsible for the management, supervision and control of the
establishment;
(c) “essential service” means any service
which the 2[Federal Government] may, by notification
in the official Gazette, declare to be essential for securing the defence or
the security of Pakistan or of any part thereof or for the maintenance of
supplies and services essential to the life of the community;
*The Ordinance has been declared to be
validly made by the Competent Authority, see the Validation of Laws Act, 1975
(63 of 1975)
1 I.e. the 25th day of November,
1970, see Gaz. of P., 1970, Ext. (
2Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central Government”.
(d) “establishment” means any office, firm,
industrial unit, undertaking, shop or premises in which persons are employed
for the purpose of carrying on any manufacturing process, business, trade or
service;
(e) “matriculate” means a person who has passed the
Matriculation Examination or Secondary School Leaving Certificate Examination,
or any other equivalent examination, of a board or other authority set up by
Government or by Government or by or under any law and includes a person who
has passed such other examination as the 1[Federal Government] may, by notification
in the official Gazette, declare to be equivalent of such examination;
(f) “national service” means the service
required to be rendered under sub-section (4) of section 5; and
(g) “prescribed” means prescribed by rules
made under this Ordinance.
3.
National service liability, etc. ___(1) Subject to the provisions of this
Ordinance, every male citizen of Pakistan who has attained the age of eighteen
years and has not attained the age of twenty years and possesses educational
qualifications not below that of a matriculate shall be liable to render
national service.
(2) Every male citizen of
Pakistan who, at the commencement of this Ordinance, has attained the age of
eighteen years and has not attained the age of twenty years and possesses
educational qualifications not below that of a matriculate shall, not later
than one month from such commencement, offer himself for national service in
such manner and to such authority as may be prescribed.
(3) Every male citizen of
(a) being a matriculate, attains the age of
eighteen years, or
(b) having attained the age of eighteen years,
becomes a matriculate,
shall, not later than one month from the
date on which he attains the age of eighteen years or, as the case may be,
becomes a matriculate, offer himself for national service in such manner and to
such authority as may be prescribed.
(4) Nothing in sub-section
(1), sub-section (2) or sub-section (3) shall apply to persons,---
(a) who are members of any of the Defence
Services or civilian armed forces of, or any police force in, Pakistan or are
employed in any of the ordinance factories in Pakistan; or
1Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central Government”.
(b) who, being engaged in any essential service or being
students of any medical, engineering or veterinary institution, are declared by
the 1[Federal Government], by notification in
the official Gazette, to be exempt from the liability to render national
service.
4.
Deferment of liability to render national service.___(1) The liability to render national
service of any person who is a student of any institution may, on an
application made in this behalf to the prescribed authority, be deferred for
such period as the authority may deem fit having regard to the duration of the
course of studies taken up by such person.
(2) Where the liability of
any person to render national service has been deferred for any period under
sub-section (1), the age up to which he is liable to be called up for such
service shall be deemed to be extended by that period.
5.
Selection and enrolment, etc. ___(1) An officer or authority prescribed in
this behalf may, by a notice in writing, require any person liable to render
national service to report in person to such authority and at such time and
place as may be specified in the notice and the person to whom a notice has
been issued shall report accordingly.
(2) A person who has
reported in pursuance of a notice under sub-section (1) shall be selected
for national service unless,---
(a) his liability to render national service has for the time
being been deferred under section 4; or
(b) he is exempted after medical examination from the
requirement of rendering national service; or
(c) he is exempted from the requirement of
rendering national service in accordance with rules made under this Ordinance.
(3) A person selected under
sub-section (2) shall report to such authority and at such time and place as
may be specified by the authority by whom he is so selected for the purpose of
being enrolled in the Pakistan Army, the Pakistan Navy or, as the case may be,
the Pakistan Air Force.
(4) A person who has
reported under sub-section (3) shall, subject to the provisions of this
Ordinance and the rules made thereunder, render national service for a period
of one year in the Pakistan Army, the Pakistan Navy or, as the case may be, the
Pakistan Air Force in which he shall be enrolled for that period.
(5) Save as otherwise
provided in the rules made under this Ordinance, a person, while he is
rendering ntional service, shall___
(a) be subject to the service law of the
Defence Service in which he is enrolled for such service; and
1Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central Government”.
(b) receive such honorarium per month as may
be prescribed and be entitled to such other facilities and privileges, other
than salary, as are admissible to a person enrolled in the Pakistan Army, the
Pakistan Navy or, as the case may be, the Pakistan Air Force.
6.
National Service Reserve. A person who has completed national service shall be placed on the
National Service Reserve created for the purposes of this Ordinance and shall,
until he has attained the age of thirty-five years, be liable to be called up___
(a) for refresher training every year; and
(b) for service from time to time in the
Defence Service in which he rendered national service.
7.
Refresher training. ___(1) A person in the National Service
Reserve shall, when called up for training under clause (a) of section 6 by a
notice in writing by the officer or authority prescribed in this behalf, report
in person to such authority and at such time and place as may be specified in
the notice and shall receive in the Defence Service in which he rendered
national service the prescribed training for the prescribed period which shall
not be less than fifteen days or more than thirty days.
(2) Save as otherwise
provided in this Ordinance or the rules made thereunder, a person, while he is
undergoing training in a Defence Service under sub-section (1), shall___
(a) be subject to the Pakistan Army Act, 1952 (XXXIX of 1952),
the Pakistan Navy Ordinance, 1961 (XXXV of 1961), or, as the case may be, the
Pakistan Air Force Act, 1953(VI of 1953); and
(b) receive such honorarium as may be
prescribed and be entitled to such other facilities and privileges, other than
salary, as are admissible to a person enrolled in the Defence Service in which
he is undergoing training.
8.
Service in Defence Services. ___(1) A person in the National Service
Reserve shall, when called up for service in a Defence Service under clause (b)
of section 6 by a notice in writing by the officer or authority prescribed in
this behalf, report in person to such authority and at such time and place as
may be specified in the notice.
(2) A person who has
reported in pursuance of a notice under sub-section (1) shall be enrolled in
the Pakistan Army, the Pakistan Navy or, as the case may be, the Pakistan Air
Force unless he is, after medical examination, declared unfit for such
enrolment.
(3) A person enrolled
in a Defence Service under sub-section (2) shall, unless he is earlier
discharged or released, serve in that Service until he has attained the age of
thirty-five years:
Provided that nothing
in this sub-section shall be deemed___
(a) to prevent the retention in the Defence
Service with his consent of any such person after he has attained the age of
thirty-five years; or
(b) to terminate the liability under section 6
of any such person who is discharged or released before he has attained the age
of thirty-five years to be called up for refresher training every year or for
service in a Defence Service.
1[8A. Service of
notice. ___(1) A notice under sub-section (1) of
section 5, or sub-section (1) of section 7, or sub-section (1) of section 8,
shall be served on the person to whom it relates in such manner as the officer
by whom it is issued may deem fit.
(2) Where a person to whom
a notice referred to in sub-section (1) relates does not report in person as
required by such notice, the officer issuing the notice may cause the notice to
be published for the information of such person in such manner as that officer
deems to be sufficient; and such publication shall be deemed to be valid
service.]
9.
Certificate to granted. Every
person___
(i) who has offered himself for national
service in pursuance of sub-section (2) or sub-section (3) of section 3 but has
not been selected for national service; or
(ii) whose liability to render national service
has been deferred under section 4; or
(iii) who has been exempted from rendering
national service under clause (b) or clause (c) of sub-section (2) of section
5; or
(iv) who has completed national service,
shall be granted by the officer or
authority prescribed in this behalf a certificate to the effect that such
person has so offered himself for national service but has not been selected
for such service or has been so exempted, or that his liability to render such
service has been deferred for the period specified in the certificate or, as
the case may be, that he has completed national service.
10.
Permission to leave
3[11. Extension
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 rendered national service shall, for
the purpose of such eligibility be entitled, notwithstanding anything contained
in any other law for the time being in force or in any rule, order or other
instrument, to the period actually spent by him in national service being
deducted from his age.]
1Ins. by the
2Subs. by F.A.O., 1975, Art. 2 and Table,
for “Central Government”.
3Subs. by Ord. 37 of 1971, s. 3, for
section 11.
12.
Employers not to employ certain persons. No employer shall employ a person who is
liable to render national service unless such person holds a certificate
granted under section 9.
13.
Obligations of employers of persons in the Reserve. The employer of any person for the time
being on the National Service Reserve who is called up for refresher training
under section 7 shall, for all purpose, treat the period spent by such person
in such training as period spent in the performance of duties in the service of
the employer and shall not___
(i) terminate
the services of such person while he is under going such training or on the
ground that he is liable to be or has been called up for such training; or
(ii) make
any deduction from the emoluments to which such person is entitled while on
duty.
14.
Penalty. ___(1) A person shall be punishable with
imprisonment for a term which may extend to three years, or with fine which may
extend to fifteen thousand rupees, or with both, if he___
(a) contravenes the provisions of sub-section (2) or
sub-section (3) of section 3; or
(b) fails to render national service when required to do so; or
(c) fails to comply with notice under sub-section (1) of
section 5; or
(d) fails to comply with notice, or to receive training, under
sub-section (1) of section 7; or
(e) fails to comply with notice under sub-section
(1) of section 8; or
(f) contravenes the provisions of section 10; or
(g) contravenes the provisions of section 12; or
(h) contravenes the provisions of section 13.
(2) A person who is
convicted of an offence under sub-section (1) shall not be eligible to hold any
office in the service of
1[(3) No prosecution for an offence under
sub-section (1) shall be instituted except upon a report in writing of the
facts constituting such offence made by an officer prescribed in this behalf.
(4) A court trying an
offence under sub-section (1) shall presume that a report, or a copy thereof
certified to be true copy by the officer by whom it was made, under sub-section
(3) purporting to have been made by an officer competent to make it was made by
such officer.]
15.
Power to make rules. ___(1) The 2[Federal Government] may, by notification
in the official Gazette, make3rules for carrying out
the purposes of this Ordinance.
(2) In particular, and with
out prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:___
(a) the manner in which and the authority to which a person
liable to render national service shall offer himself for such service;
(b) the officers and authorities by whom
notices may be issued under sub-section (1) of section 5, or sub-section (1) of
section 7, or sub-section (1) of section 8;
(c) the circumstances in which and the grounds on which a
person may be exempted from the requirement of rendering national service;
(d) the honorarium payable to a person while rendering the
national service;
(e) the manner in which person may be enrolled for rendering
national service in any of the Defence Services;
(f) the manner in which persons who have completed national
service may be placed on the National Service may be placed on the National
Service Reserve;
(g) the nature of the training which persons
on the National Service Reserve shall undergo, the period of such training, and
the honorarium payable to such persons;
(h) the officers and authorities by whom
certificates under section 9 may be granted;
1 Added by the
2 Subs. by F.A.O., 1975, Art. 2 and
Table, for “Central Government”.
3 For such Rules, see S.R.O., 288 (1)/70,
dated 25th November, 1970, see Gaz. of P., 1970 Ext.
(Islamabad), P. 4626.
(i) the extent to which and the manner in which persons
enrolled for rendering national service in any of the Defence Services or
called up for training under sub-section (1) of section 7 shall be subject to
the Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Navy Ordinance, 1961
(XXXV of 1961), or, as the case may be, the Pakistan Air Force Act, 1953 (VI of
1953); and
(j) any other matter which may be necessary
for carrying out the purposes of this Ordinance.
16.
Jurisdiction of courts barred. No order made or proceedings taken under this Ordinance shall be
called in question in any court including a High Court and the Supreme Court.
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