(NWFP Act IV
of 1904)
[5 March 1904]
An Act to provide for the Regulation of the Border Military Police
Force in the [2][2][notified tribal areas of the Dera Ghazi
Khan and Rajanpur districts of the Punjab.]
Preamble.– [3][3][Whereas
it is expedient to provide for the regulation of Border Military Police Force
in the notified tribal areas of Dera Ghazi Khan and Rajanpur districts of the
Punjab;]
It
is hereby enacted as follows:-
[4][4][1. Short
title, extent and commencement.– (1) This Act may be called the Punjab
Border Military Police Act, 1904.
(2) It extends to such notified tribal areas
of Dera Ghazi Khan and Rajanpur districts as may be notified by the Government.
(3) It shall come into force at once.]
2. Definitions.– In
this Act, unless there is anything repugnant in the subject of context,─
(a) “Military Police-officer” means a person who,
at the commencement of this Act, is serving in the Border Military Police
Force, or who, after the commencement of this Act, has been appointed to the
Border Military Police Force under this Act and has signed a recruiting roll on
which the conditions of service contained in the schedule are set forth;
(c) “Active Service” means service against hostile
tribes or raiders or against other persons in the field: [6][6][*
* *]
[7][7][(d) the expressions, “assault”, “criminal force”,
“fraudulently”, “reason to believe” and “voluntarily causing hurt” used herein
shall have the same meanings as assigned to them in the Pakistan Penal Code
1860 (XLV of 1860):]
[9][9][(f) “Senior
Commandant” means a person appointed or authorized as Senior Commandant under
section 5.]
[10][10][3. Power
to maintain Border Military Police Force.– The Government may maintain a
force to be called the Border Military Police Force for the better protection
of the notified tribal areas of Dera Ghazi Khan and Rajanpur districts.]
[11][11][4. Constitution
of the Force.– The Border Military Police Force shall consist of such
number of officers and personnel, and shall be constituted in such manner and
the members of such force shall receive such pay, pension and other
remuneration, as may be notified by the Government.]
[12][12][5. Appointment
and powers of superior officers.– (1) The Government may appoint Senior
Commandant, Commandant and other superior officers of the Border Military
Police Force.
(2) The Senior Commandant shall be an
officer of the Government not below the rank of BS-18.
(3) The Senior Commandant, the Commandant
and every other officer so appointed, shall possess, and may exercise, such
power and authority over the subordinate officers and members of the Force as
is provided by or under this Act.]
[13][13][6. Appointment
of subordinate officers and personnel.– (1) The Senior Commandant and
Commandant shall appoint subordinate officers and the personnel of the Border
Military Police Force on the terms and conditions as may be prescribed in the
rules.
(2) The subordinate officers and the
personnel of the Border Military Police Force shall perform such functions and
exercise such powers as may be prescribed in the rules.]
[14][14][7. Superintendence,
control and administration.– (1) The superintendence and control of the
Border Military Police Force shall vest in the Government.
(2) The Border Military Police Force shall
be administered by the Senior Commandant and the Commandant respectively in
accordance with this Act and the rules made thereunder.]
8. More heinous offences.–
(1) Every Military Police officer who–
(a) begins, excites, causes or joins in any mutiny
or sedition, or being present at any mutiny or sedition, does not use his
utmost endeavours to suppress it, or knowing, or having reason to believe in,
the existence of any mutiny, or of any intention to mutiny, does not, without
delay, give information thereof to his commanding or other superior officer; or
(b) uses, or attempts to use, criminal force to,
or commits an assault on, his superior officer, whether on or off duty; or
(c) shamefully abandons or delivers up any
garrison, fortress, post or guard which is committed to his charge or which it
is his duty to defend; or
(d) directly or indirectly holds correspondence
with, or assists or relieves, any person in arms against the State, or omits to
discover immediately to his commanding or other superior officer any such
correspondence coming to his knowledge; or who, while on active service,–
(e) disobeys the lawful command of his superior
officer; or
(f) deserts the service; or
(g) being a sentry, sleeps upon his post, or quits
it without being regularly relieved or without leave; or
(h) without authority, leaves his commanding
officer, or his post or party, to go in search of plunder; or
(i) quits his guard, picquet, party or patrol
without being regularly relieved or without leave; or
(j) uses criminal force to, or commits an assault
on, any person bringing provisions or other necessaries to camp or quarters, or
forces a safeguard or, without authority, breaks into any house or any other
place for plunder, or plunders, destroys or damages any property of any kind;
or
(k) intentionally causes or spreads a false alarm
in action or in camp, garrison or quarters; or
(l) displays cowardice in the execution of his
duty;
(i) for
death or for imprisonment for life or for imprisonment for a term which may
extend to seven years for the offence described in clause (a), clause (c) and
clause (d); and
(ii) for
the offences described in clause (b), clause (e), clause (f), clause (g),
clause (h), clause (i), clause (j), clause (k) and clause (l), for imprisonment
which may extend to seven years and with such fine which may extend to three
months’ pay.]
[16][16][(2) Whoever commits any of the offences
described in sub-section (1), shall be tried in such manner as may be
prescribed.]
(a) is in a state of intoxication when on or for
any duty, or on parade or on the line of march; or
(b) strikes or attempts to force any sentry; or
(c) being in command of a guard, picquet or
patrol, refuses to receive any prisoner duly committed to his charge, or,
without proper authority, releases any prisoner, or negligently suffers any
prisoner to escape; or
(d) being under arrest or in confinement, leaves
his arrest or confinement before he is set at liberty by proper authority; or
(e) is grossly insubordinate or insolent to his
superior officer in the execution of his office; or
(f) refuses to superintendent or assist in the
making of any field-work or other work of any description ordered to be made
either in quarters or in the field; or
(g) strikes or otherwise ill-uses any Military Police
officer subordinate to him in rank or position; or,
(h) being in command at any post or on the march
and receiving a complaint that any one under his command has beaten or
otherwise maltreated or oppressed any person, or has committed any riot or trespass,
fails, on proof of the truth of the complaint, to have due reparation made as
far as possible to the injured person and to report the case to the proper
authority; or
(i) designedly or through neglect injures or
loses, or fraudulently disposes of, his arms, cloths, tools, equipments,
ammunition, accoutrements or Military Police necessaries, or any such articles
entrusted to him or belonging to any other person; or
(j) malingers, or feigns or produces disease or
infirmity in himself, or intentionally delays his cure, or aggravates his
disease or infirmity; or,
(k) with intent to render
himself or any other person unfit for service, voluntarily causes hurt to
himself or any other person; or
(l) does not, when called upon by his superior
officer so to do, or upon ceasing to be a Military Police Officer, forthwith
deliver up, or duly account for, all or any arms, ammunition, stores,
accoutrements, appointments or other property issued or supplied to him, or in
his custody or possession, as such Military Police Officer; or
who, while not on active
service,–
(m) disobeys the lawful command of his superior
officer; or
(n) plunders, destroys or damages any property of
any kind; or
(o) being a sentry, sleeps upon his post or quits
it without being regularly relieved or without leave; or
(p) deserts the service;
shall
be punishable with imprisonment for a term which may extend to one year, or
with fine which may extend to three months pay, or with both.
[19][19][(2) Whoever commits any of the offences described
in sub-section (1), shall be tried in such manner as may be prescribed.]
10. Minor
Punishment.– (1) The [20][20][Senior Commandant] and the Commandant, respectively, may, subject to
any rules made under this Act, award, in lieu of, or in addition to, suspension
or dismissal, any of the following punishments to any Military Police Officer
who is, in the opinion of the [21][21][Senior Commandant] or Commandant, as the case may be, guilty of
disobedience, neglect of duty or remissness in the discharge of any duty, or of
rendering himself unfit to discharge his duty, or of other misconduct in his
capacity as such Military Police Officer, that is to say,–
(a) Reduction in rank and emoluments;
(b) Fine to any amount not exceeding one month’s
pay and allowances;
(c) Confinement to quarters for a term not
exceeding one month;
(d) Confinement in the quarter-guard for not more
than fifteen days, with or without punishment-drill or extra guard, fatigue or
other duty;
(e) Removal from any office of distinction or special
emolument in the Force.
(2) The
[22][22][Senior Commandant], or the Commandant, or an officer, not being below
the rank of subadar, commanding a separate detachment or an outpost or in
temporary command at the head-quarters of a district during the absence of the [23][23][Senior Commandant] and Commandant, may, without a formal trial, award
to any Military Police Officer who is subject to his authority any of the
following punishments for the commission of any petty offence against
discipline, which is not otherwise provided for in this Act, or which is not of
a sufficiently serious nature to call for a prosecution before a criminal
court, that is to say,–
(a) confinement
for not more than seven days in the quarter-guard or such other place as may be
considered suitable, with forfeiture of all pay and allowances during its
continuance;
(b) punishment-drill, or extra guard, fatigue or
other duty, for not more than thirty days, with or without confinement to
quarters.
(3) Any one of the punishments described in
sub-section (1) or sub-section (2) may be awarded separately or in combination
with any one or more of the said punishments respectively.
[24][24][11. Place of
imprisonment.– (1) Any person sentenced under this Act to imprisonment for
a period not exceeding three months shall, if he is also dismissed from the
Border Military Police Force, be imprisoned in the nearest prison or such other
prison as the Government may, by general or special order, direct.
(2) Any person sentenced under this Act to
imprisonment for a period not exceeding three months but is not dismissed from
the Border Military Police Force, he may, if the court or the Senior Commandant
so directs, be confined in the quarter-guard or such other place as the court
or the Senior Commandant may consider suitable.]
12. Resignation and
withdrawal from Force.– No Military Police officer shall be at liberty to–
(a) resign his appointment during the term of his
engagement, except before the expiration of the first three months of his
service, or
(b) withdraw himself from all or any of the duties
of his appointment,
without the permission in writing
(to be previously obtained) of the [25][25][Senior Commandant] or Commandant or other officer authorized by
the [26][26][Senior Commandant] to grant such permission.
13. General duties of
Military Police Officers.– [27][27][* * *] It shall be the duty of every
Military Police officer promptly to obey and to execute all orders and warrants
lawfully issued to him by any competent authority, to detect and bring offenders
to justice, and to apprehend all persons whom he is legally authorized to
apprehend and for whose apprehension sufficient grounds exist.
[29][29][14. Conferment of powers and
imposition of duties.– The Government may,
by general or special order, confer or impose upon any Military Police Officer
any of the powers or duties conferred or imposed on a Police Officer of any
class or grade by any enactment for the time being in force.]
15. Protection for acts of
Military Police Officers.– (1) In
any suit or proceeding against any Military Police Officer for any act done by
him in pursuance of a warrant or order of a competent authority, it shall be
lawful for him to plead that such act was done by him under the authority of
such warrant or order.
(2) Such plea may be proved by the
production of the warrant or order directing the act, and, if it is so proved,
such Military Police Officer shall thereupon be discharged from liability in
respect of the act so done by him, not withstanding any defect in the
jurisdiction of the authority which issued such warrant or order.
(3) All suits and proceedings (whether civil
or criminal) against any person which may lawfully be brought for anything done
or intended to be done under the powers conferred by, or in pursuance of, any
provision of this Act or the rules thereunder, shall be commenced within three
months after the act complained of was committed, and not otherwise; and notice
in writing of such suit or proceeding and of the cause thereof shall be given
to the defendant or his superior officer one month at least before the
commencement of the suit or proceeding.
[30][30][16. Jurisdiction
of Courts.– Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (Act V of 1898), the Government may, in consultation with the
Chief Justice of the Lahore High Court, by notification in the official
Gazette, establish a court or confer jurisdiction on a court of Sessions or
Judicial Magistrate of the First Class to try cases or any class of cases under
this Act.]
[31][31][17. Appeal
etc.– (1) Any person convicted by the court established or conferred with
powers under this Act, may within thirty days from the date of such order,
prefer an appeal in accordance with the Criminal Procedure Code 1898 (V of 1898).
(2) Any Military Police Officer, who has
been awarded minor punishment under section 10 by the Commandant or the Senior
Commandant, shall have a right of appeal to the Senior Commandant or the
Government respectively.]
[32][32][18. Application
of the Act on Baluch Levy.– (1) Notwithstanding
anything contained in any other law for the time being in force, the provisions
of this Act shall, mutatis mutandis, apply to the Baluch Levy within the
notified tribal areas of Dera Ghazi Khan and Rajanpur districts.
(2) The Government may, by notification,
apply with such modifications, as it may think fit, any of the provisions of
this Act and the rules made thereunder to any other force or body maintained
for similar service within the notified tribal areas of Dera Ghazi Khan and
Rajanpur districts.]
(a) regulating the appointment, powers and
functions of the Senior Commandant and the Commandant, respectively under this
Act;
(b) regulating the classes, grades, condition of
service and the remuneration to be paid to the officers and personnel of the
Border Military Police Force;
(c) regulating the procedure for trial of
Military Police Officers and appeals under sub-section (2) of section 17; and
(d) generally, for the purpose of carrying into
effect the provisions of this Act.]
Conditions of Service
{see section 2(a)}
After
you have served for (such period, as the Government may have prescribed in this
behalf), in the Border Military Police Force maintained under the Punjab Border
Military Police Act, 1904, you may, at any time, when not on active service,
apply for your discharge, through the officer to whom you may be subordinate,
to the Commandant or to the Senior 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 the said Force to exceed one-tenth of
the sanctioned strength, in which case you shall be bound to remain in the
Force until this objection is waived by the competent authority or removed by
it. But when on active service, 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 Force ceases, when you may make your application in the manner
hereinbefore prescribed. In the event of your re-enlistment after you have been
discharged, you shall have no claim to reckon for pension or other purposes
your service previous to your discharge:
Provided
that, if you wish to withdraw from the Force, you may resign at any time before
the expiration of first three months of your service, but not afterwards until
the completion of the period prescribed as aforesaid:
Provided
also that the Commandant or the Senior Commandant may, if he thinks fit, allow
you to resign at any time on your giving three months’ notice of your wish to
do so.]
[1][1]This Act was passed by the Governor-General of India in Council;
received the Assent of the Governor-General on 4th March 1904,
published in Part IV of the Gazette of India (Calcutta Issue) on 5th
March 1904, pages 13-17; and was adopted by the Punjab by the Punjab Border
Military Police (Amendment) Act 2007 (V of 2007).
[2][2]Substituted for the words “North-West Frontier Province” by the Punjab
Border Military Police (Amendment) Act 2007 (V of 2007).
[28][28]Sub-section (2) omitted by the Punjab Border Military Police (Amendment)
Act 2007 (V of 2007).
No comments:
Post a Comment