Updated: Monday January 04, 2016/AlEthnien Rabi' Awwal 24, 1437/Somavara Pausa 14, 1937, at 02:42:26 AM

The Pakistan Territorial Force Act, 1950

1ACT NO. L OF 1950

[23rd October, 1950]

An Act to constitute a Pakistan Territorial Force.

            WHEREAS it is expedient to provide for the constitution of a Pakistan Territorial Force and for its administration and discipline;

 

1 For Statement of Objects and Reasons, see Gaz. of P., 1950, Pt. V, p. 206.

          The Act has been applied‑

(i) to Baluchistan, with effect from the 23rd October, 1950, see Gaz. of P., 1952, P. 1, p. 119 ;

(ii) in the Federated Areas of Baluchistan, see Gaz. of P., 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 Khairpur State, see the Khairpur (Federal Laws) (Extension) Order, 1953 (G. G. O. 5 of 1953); and

(iii) the Sate of Bahawalpur, see the Bahawalpur (Extension pf Federal Laws) Order, 1953 (G. G. O. 11 of 1953).

It is hereby enacted as follows:---

            1. Short title, extent and commencement.___ (1) This Act may be called the Pakistan Territorial Force Act, 1950.

            (2) It extends to the whole of Pakistan, and applies to persons enrolled in the Pakistan Territorial Force wherever they may be.

            (3) It shall come into force at once.

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

            “enrolled” means enrolled or re‑enrolled in the Pakistan Territorial Force under                        this Act;

            “non‑commissioned officer” means a person holding non‑commissioned rank in                       the Pakistan Terri­torial Force, and includes an acting non‑com­missioned                  officer;

            “officer” means a commissioned officer or a junior commissioned officer;

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

            3. Constitution of Pakistan Territorial Force. There shall be raised and maintained in the manner hereinafter provided a force to be designated the Pakistan Terri­torial Force:

            Provided that the 1[Federal Government] shall establish all or any of the branches of the Force as circumstances may permit from time to time.

            4. Constitution and disbandment of units.___ (1) The 1[Federal Government] may constitute any corps or unit of the Pakistan Territorial Force and may disband or reconstitute any corps or unit so constituted.

                (2) The Central Government may constitute for any Pro­vince, 2*  *  * 3* * * a university

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

2 The words “the [Federal Territory of Karachi]” have been omitted by A.O., 1964, Art. 2 and Sch. The words in crotchets were subs. by the Repealing and Amending Ordinance, 1961 (I of 1961), s. 3. and 2nd Sch., for “Capital of the Federation”.

3 The words “or an Acceding State’’’ omitted by the Federal, Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981) s. 3 and 2nd Sch.

corps consisting of one or more units of the Territorial Force, for the appointment thereto of students of, and other persons connected with, a university established by law in Pakistan, or colleges affiliated to such a university, and may disband or reconstitute any unit so constituted.

            5. Classes of officers.____(1) There shall be the following classes of officers in the Pakistan Territorial Force, namely:---

(a) commissioned officers, and

(b) junior commissioned officers.

            (2) An officer shall be deemed to be enrolled in the Pakistan Territorial Force for so long as he holds a commission in that Force.

            6. Enrolment.___ (1) Any male person who is a citizen of, or is domiciled in, Pakistan 1* *          * may offer himself for enrol­ment in the Pakistan Territorial Force, and any such person who satisfies the prescribed conditions may be enrolled in the pre­scribed manner for such period, not exceeding six years, as may be prescribed.

            (2) An applicant for enrolment may apply to be enrolled for service in any particular branch, corps or unit.

            7. Appointment to corps or unit.___ (1) Every person enrolled shall without unnecessary delay be appointed in the prescribed manner to a corps or unit constituted under section 4.

            (2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.

            8. Transfer and attachment.____ (1) Any person appointed to a corps or unit under section 7 may be transferred, whether on disbandment of the corps or unit or otherwise, to another corps or unit of the same branch of the Pakistan Territorial Force, in such manner as may be prescribed.

 

1 The words “ or an Acceding State” Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Schedule.

            (2) Any person enrolled may be attached at his own request to any corps or unit of the Pakistan Territorial Force or to any unit of the Pakistan Army.

            9. Change of resident.___ (1) Any enrolled person who changes his residence otherwise than temporarily shall inform the prescribed authority of his new residence.

            (2) The prescribed authority on being so informed may, subject to the provisions of section 8, transfer such person from the corps or unit in which he is serving to another corps or unit.

            10. Discharges. Every person enrolled shall be entitled to receive his discharge from the Pakistan Territorial Force on the expiation of the period for which he was enrolled and any such person may, before the expiration of that period, be discharged from the said Force by such authority and subject to such conditions as may be prescribed, and shall be so discharged on a recommendation of the officer commanding the unit in this behalf:---

            Provided that no person enrolled who is for the time being engaged in military service under the provisions of this Act shall be entitled to receive his discharge before the termination of such service.

            11. Liability to serve and perform military service.___ (1) Every person enrolled shall, subject to such condi­tions as may be prescribed, be bound to serve in any corps or unit of the Pakistan Territorial Force to which he has been appointed or transferred, or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such crops or unit.

            (2) Every person enrolled in a corps or unit other than a university corps or unit shall be liable to perform military ser­vice:---

(a)        when called out with any portion of the Pakistan Territorial Force by  an order of the senior mili­tary officer present either to act in support of the civil power or to provide guards, which, in the opinion of such officer, are essential; or

(b)        when any portion of the Pakistan Territorial Force to which he belongs has been embodied to support or supplement the Pakistan Army in the event of an emergency by a notification directing such embodiment issued by the 1[ Govern­ment and published in the official Gazette; or

(c)        when attached at his own request to any unit of the Pakistan Army.

            12. Territorial limits of liability to and duration of, military service. No person embodied under section 11 shall be re­quired to perform military service beyond the limits of Pakistan save under a general or special order of the 1[Federal Government].

            13. Application of Act VIII of 1911.____ (1) Every officer of the Pakistan Territorial Force when doing duty as such officer, shall be 2[subject to the Pakistan Army Act, 1952 (XXXIX of 1952), and] the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in the Pakistan Army as he holds for the time being in the said Force, subject to the terms of his commission and the orders of the 3[President].

            (2) Every non‑commissioned officer and man of the Pakistan Territorial Force,___

(a)        when called out or embodied for military service under section 11, or

 

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

2 The original words “subject to the Indian Army Act, 1911, and” have successively been amended by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955). And the Repealing and Amending Ordinance, 1965 (10 of 1965), s. 3 and 2nd Sch., to read as above.

3 Subs. by A.O., 1961, Art. 2 for “Governor-General” (with effect from the 23rd March, 1956).

(b)        when attached to, or otherwise acting as part of, or with, any unit of the Pakistan Army, or

(c)        when embodied for, or otherwise undergoing, military training in the prescribed manner,

shall be 1[subject to the Pakistan Army Act, 1952, and] the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in the Pakistan Army as he holds for the time being in the said Force, subject to the orders of the 2[President]:---

            Provided that the said Act, rules and regulations shall, in their application to such non‑commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be pres­cribed:---

            Provided further that non‑commissioned officers and men of a university corps when undergoing training, shall, in respect of such training, be subject only to such disciplinary and other rules as may be prescribed.

            (3) Where an offence punishable 3[under the Pakistan Army Act, 1952 (XXXIX of 1952), or,] as the case may be, under that Act as modified under sub‑section (2), has been committed by any person whilst subject to that Act under the provisions of this section, such person may be taken into and kept in military custody and tried and punished for such offence, although he has ceased to be so subject as aforesaid in like manner as he might have been taken into and kept in military custody, tried or punished if he had continued to be so subject:---

1 The original words "subject to the Indian Army Act, 1911, and" have successively been amended by the central Laws (Statute Reform) Ordinance, 1960(21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955) and the Repeal mg and Amending ordinance, 1965 (10 of 1965), s. 3 and 2nd Sch., to read as above.

2 Subs. by A. O., 1961, Art. 2, for “Governor‑General” (with effect from the 23rd March, 1956).

3The original words "under the Indian Army Act, 1911, or” have successively been amended by Ord. 21 of 1960. and Ord. 10 of 1965, to read as above.

            Provided that no such person shall be kept in military custody after he has ceased to belong to the Pakistan Territorial Force, unless he has been taken into or kept in military custody on account of the offence before the date on which he ceased so to belong; nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial has already commenced before such expiry.

            14. Summary trial and punishments. In addition to, or in substitution for, any punishment or punishments to which he may be liable under 1[the Pakistan Army Act, 1952 (XXXIX of 1952), a junior commissioned officer,] non‑commis­sioned officer or man of the Pakistan Territorial Force not being a member of a university corps, may be punished either by a criminal court or summarily by order of the prescribed authority for any offence under that Act, or for the contravention of any rule or regulation under this Act, with fine which may extend to fifty rupees, to be recovered in such manner and by such authority as may be prescribed:---

            Provided that no court inferior to that of a magistrate of the first class shall try any offence made punishable by or under this Act.

            15. Presumption as to certain documents. Where a junior commissioned officer, non‑commis­sioned officer or man of the Pakistan Territorial Force 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 failed to do so in accordance with such re­quirement, shall without proof of the signature or appointment of such officer, be evidence of the matters stated therein.]

            16. Power to make rules.___ (1) The 2[Federal Government] may make rules to carry out the purposes of this Act.

1 The original words “the Indian Army Act, 1911, a junior commissioned officer,” have successively been amended by the Central Laws (Statute Re­form) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955 and the Repealing and Amending Ordinance, 1965 (10 of 1965), to read as above.

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

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

(a)        prescribe the manner in which, the period for which and the conditions subject to which, persons may be enrolled under section 6;

(b)        prescribe the manner in which persons enrolled may be appointed to corps and units under section 7 or transferred under section 8 or section 9;

(c)        prescribe the authorities by which and the condi­tion subject to which persons enrolled may be discharged under section 10;

(d)       prescribe preliminary and periodical military training, compulsory and voluntary, for any persons or class of persons enrolled and provide for the embodiment of any corps or unit for that purpose;

(e)        prescribe the military or other obligations to which members of a university corps shall be liable when undergoing military training and provide generally for the maintenance of discipline in such cases;

(f)        provide for the medical examination of persons offering themselves for enrolment under section 6;

(g)        provide for and regulate the remuneration, allowances, gratuities or compensation (if any) to be paid to any person or class of persons enrol­led or to their dependents; and

(h)       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.

            17. Power to make regulations.___ (1) The 1[Chief of the Army Staff] may make regulations not inconsistent with this Act, and the rules made thereunder, providing generally for all details connec­ted with the organization and personnel of the Pakistan Terri­torial Force and for the duties, military training, clothing, equip­ment, allowances and leave of persons enrolled.

            (2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the courses of training or instruction to be followed by any person or class of persons enrolled.

            18. Certain persons subject to this Act to be deemed part of Pakistan Army for certain purpose. For the purposes of sections 128, 130 and 131 of the Code of Criminal, Procedure, 1898 (V of 1898), all officers, non‑commissioned officers and men of the Pakistan Territorial Force who have been appointed to a corps or unit shall be deemed to be officers, non‑commissioned officers and soldiers, respectively, of Pakistan Army.

            19. Exemption from local taxation. No person shall be liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motor car, or other means of conveyance which he is authorised by re­gulations made under section 16 to maintain in his capacity as a person enrolled in or otherwise connected with the Pakistan Territorial Force.

 

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

 

1 Subs. by F.A.O. 1975, Art. 2 and Table for “Commander-in-Chief of the Pakistan Army”.

 

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