Updated: Saturday August 10, 2013/AsSabt
Shawwal 04, 1434/Sanivara
Sravana 19, 1935, at 08:34:28 AM
[1][1]The [2][2][
(W.P. Ordinance XXVIII of
1965)
[
An
Ordinance to consolidate the law relating to Qaumi Razakars in the Province of [3][3][the
Preamble.— WHEREAS it is expedient to consolidate the
law relating to Qaumi Razakars in the Province of [4][4][the
AND
WHEREAS the Provincial Assembly of West Pakistan is not in session, and the
Governor of West Pakistan is satisfied that circumstances exist which render immediate
legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short title, extent and commencement.— (1) This Ordinance may be called the [5][5][
(2) It extends to the whole of the Province
of [6][6][the
(3) It shall come into force at once.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say—
(a) “Government” means the [7][7][Provincial Government of the
(b) “prescribed” means
prescribed by rules made under this Ordinance.
3. Constitution
of Qaumi Razakars.— (1) The Deputy Commissioner may cause to be constituted
for his district a body, to be called the Qaumi Razakars, consisting of such
number of persons and in such manner as may be prescribed.
(2) The Deputy Commissioner may appoint as
members of the Qaumi Razakars such persons as are fit and willing to serve.
(3) The superintendence of and control over
the body shall vest in the Deputy Commissioner and it shall be commanded by
such persons as the Deputy Commissioner may appoint.
4. Duties of Qaumi Razakars.— The Qaumi Razakars shall perform such duties
in connection with the maintenance of law and order, public security and
natural calamities as may be prescribed.
5. Call for training or duty.— The Deputy Commissioner may in the
prescribed manner at any time call out Qaumi Razakars or a member thereof by a
general or special order for training or discharge of duties under this
Ordinance.
6. Call in aid of police force.— A member of Qaumi Razakars when called out
by the Deputy Commissioner in aid of the police force or any other service
established by law, shall be under the control of the officers of such force or
service, in such manner and to such extent as may be prescribed, and shall have
the same powers, privileges and protection as a person appointed to such force
or service.
7. Dismissal.— The Deputy Commissioner may, by an order in
writing dismiss any member of the Qaumi Razakars for misconduct or failure in
the discharge of his duties or for any other sufficient cause:
[8][8][Provided that such member shall be provided
an opportunity of being heard before an order against him is passed].
8. Punishment.— If a member of the Qaumi Razakars, on being
called out under section 5, neglects or refuses to obey such order or any other
lawful order or direction given to him for the performance of his duties,
without sufficient cause, he shall be punished with imprisonment which may
extend to three months or with fine which may extend to fifty rupees, or with
both.
9. Qaumi Razakars to be public servants.— A member of the Qaumi Razakars shall be
deemed to be a public servant within the meaning of section 21 of the Pakistan
Penal Code[9][9].
10. Bar to legal proceedings.— No suit, prosecution or other legal
proceedings shall lie against any member of the Qaumi Razakars for anything
which is in good faith done or intended to be done, in pursuance of this
Ordinance, or any rules made thereunder.
11. Cognizance of offences.— When any member of the Qaumi Razakars is
accused of any offence alleged to have been committed by him while acting or
purporting to act in the discharge of his duties under this Ordinance, no Court
shall take cognizance of such offence except with the previous sanction of the
Deputy Commissioner.
12. Power to make rules.— (1) Government may make rules to carry out
the purposes of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers, such rules may—
(a) regulate the organization, conditions of
service and discipline of the members of the Qaumi Razakars;
(b) prescribe the uniform and accoutrements of the
Qaumi Razakars;
(c) prescribe duties that Qaumi Razakars may
perform under section 4;
(d) prescribe the manner in which the Qaumi Razakars
may be called out for training or service;
(e) provide for the exercise of control by
officers of the police force or any other service established by law over
members of the Qaumi Razakars when acting in aid of such force or service;
(f) prescribe the form of certificate of
membership of the Qaumi Razakars.
13. Repeal and savings.— (1) The following enactments are hereby
repealed:-
(a) the
(b) the
(c) the North-West Frontier Qaumi Razakars Act,
1952[12][12].
(2) Notwithstanding
the repeal of the enactments mentioned in sub-section (1), members of the Home
Guards and Qaumi Razakars thereby appointed shall be deemed to be members of
the Qaumi Razakars hereby constituted.
[1][1]This
Ordinance was promulgated by the Governor of West Pakistan on 21st September,
1965; approved by the Provincial Assembly of West Pakistan on 2nd December,
1965, under clause (3) of Article 79 of the Constitution of the Islamic
Republic of Pakistan (1962); and, published in the West Pakistan Gazette
(Extraordinary), dated 2nd December, 1965, pages 5939-41.
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted ibid., for “Government of West
Pakistan”.
[8][8]Added by the
[9][9]XLV of 1860.
[10][10]
[11][11]
[12][12]N.W.F.P. V of 1952.
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