The Pakistan (Army and Air Force) Reserves Act, 1950 (Act No. XLVII of 1950)

Updated: Monday January 04, 2016/AlEthnien Rabi' Awwal 24, 1437/Somavara Pausa 14, 1937, at 02:21:55 AM

The Pakistan (Army and Air Force) Reserves Act, 1950

¹ACT No. XLVII of 1950

[19th April, 1950]

An Act to provide for the constitution and discipline of the Pakistan Army and Air Force Reserves

WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Pakistan Army and Air Force Reserves; It is hereby enacted as follows:‑

1. Short title and commencement. This Act may be called the Pakistan (Army and Air Force) Reserves Act, 1950.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,---

“prescribed” means prescribed by rules made under this Act;

“Reserves” means the Reserves of the Pakistan Army or of the ^2* Pakistan Air Force;

“reservist” means a member of the Reserves.

¹ For Statement of Objects and Reasons, see Gaz. of P., 1950, Pt. V, p. 187.

The Act has been applied to‑

(i) Baluchistan, with certain modifications, with effect on and from the 19th April, 1950, see Gaz. of P., 1952, Pt. I, pp. 205 and 206;

(ii) the Federated Areas of Baluchistan, see ibid., 1953, Pt.1, p. 152.

The Act has been extended to‑

(i) the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950);

(ii) the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 of 1953), as amended;

(iii) the Khairpur State, see the Khairpur (Federal Laws) (Extension) Order, 1953 (G. G. O. 5 of 1953);

(iv) the State of Bahawalpur, see the Bahawalpur (Extension of Federal Laws) Order, 1953 (G. G. O. 11 of 1953); and

(v) the whole of Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958 by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.

² The original word “Royal” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23^rd March, 1956)

3. Divisions of Reserve Forces.^___(1) The Reserves shall consist of the categories specified in the Schedule to this Act.

(2) The ¹[Federal Government] may, by notification in the official Gazette, add to, amend or vary the Schedule to this Act.

4. Liability of reservists to military or air force law. An Army reservist shall be subject to ²* * * ³[the Pakistan Army Act, 1952 (XXXIX of 1952),] and the rules and regulations made thereunder and an Air Force reservist shall be subject to ²* * * ³[the Pakistan Air Force Act, 1953 (VI of 1953),] and the rules and regulations made thereunder, in such manner and to such extent as may be prescribed.

5. Extent of liability for service. A reservist shall be liable to serve without the limits of Pakistan as well as within those limits.

6. Power to make rules.‑(1) The ¹[Federal Government] may make rules⁴ to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may,---

(a) provide for the constitution of, and the appointment or transfer of any person as a reservist to, the reserves;

(b) prescribe the service obligations to which reservists shall be liable;

¹ Subs. by F.A.O. 1975, Art. 2 and Table for “Central Government”.

² Omitted by the Federal Laws (Revisions and Declaration) Ordinance 1981 (27 of 1981), s. 3, and 2^nd Schedule.

³ Ins. by the Central Law (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2^nd Sch. (with effect from the 14^th, October, 1955)

⁴ For the Pakistan Air Force Reserves Rules, 1950 see Gaz. of P., 1951, Pt. I, pp. 163-164 ; For the Pakistan Army Reserves Rules 1953, see ibid., 1953 Pt. III pp. 55^__61.

(d) provide for and regulate the pay and allowances of reservists;

(e) prescribe the authorities by whom and the conditions subject to which the services of reservists may be terminated;

(f) provide for and regulate the gratuities or compensation, if any, to be paid to reservists or any category of reservists, or to any dependents of reservists; and

(g) provide for any other matter which under this Act is to be or may be prescribed.

(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.

7. Power to make regulations. In the case of Army reservists, the ¹[Chief of the Army Staff,], and in the case of Air Force reservists, the ²[Chief of the Air Staff] may make regulations not inconsistent with this Act and rules made thereunder, providing generally for all details connected with the training, clothing, equipment and leave of reservists.

8. [Amendment of Act VIII of 1911.] Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955).

9. [Repeal.] Rep. by the Repealing and Amending Ordinance, 1965 (10 of 1965), s. 2 and 1st Sch.

¹ Subs. by the Federal Laws (Revision and Declaration) Ordinance. 1981 (27 of 1981), s. 3 and Sch. for “Commander-in-Chief of the Pakistan Army”.

² Subs. ibid., for “Commander-in-Chief of the Pakistan Air Force Which was previously subs. by A.O., 1961. Art. 2 and Sch., for “Air Officer Commanding-in-Chief of the Royal Pakistan Air Force” (with effect from the 23^rd March, 1956), to read as above.

THE SCHEDULE

A.^___ The Pakistan Army^___

(i) the Pakistan Army Regular Reserve of Officers,

(ii) The Pakistan Army Regular Reserve of Junior Commissioned Officers,

(iii) The Pakistan Army Supplementary Reserve of Officer,

(iv) The Pakistan Army Supplementary Reserve of Junior Commissioned Officers and Other Ranks,

(v) The Regular Reserves of Other Ranks.

B.^___ The ¹* Pakistan Air Force^___

(i) The Pakistan Air Force Regular Reserve,

(ii) The Pakistan Air Force volunteer Reserve.

¹ The original word “Royal” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23^rd March, 1956).