ACT XL OF 1973
An Act to provide for the
constitution and regulation of the Federal Security Force
[Gazette of Pakistan
The following Act of the National Assembly received the assent
of the President on the 27th June 1973, and is hereby published for general
information:---
Whereas it is expedient to provide for the constitution and
regulation of the Federal Security Force to assist the civil administration and
the Police Force for ensuring the maintenance of law and order in Pakistan
It is hereby enacted as follows:---
CHAPTER I
1. Short title, application and commencement.‑(1) This Act may
be called the Federal Security Force Act, 1973.
(2) It shall apply to all members and officers of the
Federal Security Force wherever they may be serving.
(3) It shall come into force at once.
2. Definitions.‑(1)
In this Act, unless there is
anything repugnant in the subject or context,---
(a) “active duty” means the duty to preserve or restore
order in any local area in the event of any disturbance therein, and includes
such other duty as the Federal Government may, by notification in the official
Gazette, specify to be an active duty;
(b) “appropriate officer” means an officer of the
Federal Government authorised by a general or special order to exercise all or
any of the powers of an appropriate officer under this Act and the rules
made thereunder;
(c) “Assistant Directors”, “Deputy Directors”, “Directors”, “Deputy
Director‑General” and “Director‑General” means the persons appointed as such
under section 5;
(d) “close arrest” means confinement within the Force or
a detachment of the Force or a post, quarter‑guard, building or tent under
the charge of a guard I
(e) “Force” means
the Federal Security Force constituted under section 3 or any of the individual
forces comprising it, as the context may require;
(f ) “member of the Force” means a person, other than an
officer, who is appointed to the Force and has signed a recruiting role in the
form set out in the First Schedule and an affirmation in the form set out in
the Second Schedule;
(g) “officer” means a person appointed under section 5;
(h) “open arrest” means confinement within the precincts of
any bar*racks, line or camp for the time being occupied by the Force;
(i) “prescribed” means prescribed by rules made under this
Act;
(j) “special Court” means a Court consisting of not less
than two officers and presided over by the Director‑General, the Deputy Director-General
or a Director and assisted by an officer of the Ministry of Law, Government of
Pakistan, to be nominated by the Federal Government;
(k) “special summary court” means a Court consisting of a
Director or an appropriate officer;
(1) “subordinate officer” means a member of the Force who is
of such rank as may be prescribed;
(m) “summary trial” means a trial to be conducted in the
prescribed manner;
(n) “superior officer”, in relation to a member of the
Force, means a higher appointment according to the usage of the Force;
(o) “Tribunal” means a tribunal constituted for the purposes
of section 12 or section 13 and consisting of one or more members to be
appointed by the Federal Government; and
(p) “upper subordinate officer” means a member of the Force
who is of such rank as may be prescribed.
(2) The expressions “assault”, “criminal force”,
“fraudulently”, “reason to believe” and “voluntarily causing hurt” shall have
the meanings respec*tively assigned to them in the Pakistan Penal Code (Act XLV
of 1860).
CHAPTER II
3. Power to constitute and maintain the Federal Security
Force and Its functions.‑The Federal
Government may constitute and maintain a force to be called the Federal
Security Force for performing the following functions. namely:---
(a) assisting the civil administration in maintaining law
and order in cases of large‑scale unlawful demonstrations or serious breaches
of law and order; and
(b) assisting the
police,---
(I) in dealing with dangerous criminals and outlaws;
(ii) in carrying out high‑way surprise road patrols for the
prevention of road holdups and robberies;
(iii) in carrying out surprise traffic checks occasionally
and periodical night patrols; and
(iv) in carrying out surprise checking of illicit traffic in
arms and food grains;
(c) such other functions as the Federal Government may, by
notification in the official Gazette, require the Force to perform.
4. Constitution of Federal Security Force.‑The Force shall be consti*tuted in such manner, and the
members of the Force shall receive such pay, pension and other remuneration,
and shall enjoy such leave and other privile*ges, as may be prescribed from
time to time.
5. Appointment of officers of the Force.‑For the purposes of
this Act, the Federal Government may, by notification in the official Gazette,
appoint any person who is, or has been, a member of the Armed Forces, the Civil
Armed Forces or the Police Service to be,---
Armed Forces or the Police Service to be,---
(a) Director-General,
(b) Deputy
Director‑General,
(c) Director,
(d) Deputy Director,
(e) Assistant Director, and
(f) an officer with any other designation.
6. Appointment of subordinate and ministerial staff.‑(1) The Director. General or a Director or an appropriate
officer may appoint subordinate and ministerial staff and determine the duties
to be performed by each member of the Force.
(2) Appointments under subsection (1) shall be made by
direct recruitment or promotion or from personnel on deputation from the Armed
Forces, the Civil Armed Forces, the Police Service or any other Department of
Government in such manner as may be prescribed.
(3) Before a person is appointed under subsection (1), the
statement contained in the recruiting roll and affirmation set out respectively
in the First and Second Schedules shall at any convenient place be read out
and, if necessary, explained to him in the presence of a Director, Deputy
Director, or other officer, and shall thereafter be signed by such person in
acknowledgement of its having been so read out to him.
(4) When the affirmation set out in the Second Schedule is
read out, it shall be repeated by the person making affirmation before he signs
it.
7. Powers and duties of officers of the Federal Security
Force.‑(1) The Director‑General shall, in respect of the officers of
the Force, have all the powers conferred by or under this Act.
(2) Subject to the general control of the Director‑General.
the Deputy Director‑General, the Directors, the Deputy Directors, the Assistant
Directors and every other officer shall possess, and may exercise, such powers
and authority over the subordinate officers and the members of the Force under
his command as may be prescribed.
(3) In addition to the powers conferred under subsection
(1), an officer or member of the Federal Security Force,---
(a) shall exercise all the powers conferred on an officer in
charge of a police station under the Police Act, 1861 (V of 1861), and under
the Code of Criminal Procedure, 1898 (Act V of 1898); and
(b) perform such functions of an officer of customs as may
be entrusted to him and exercise such powers under the Customs Act, 1969 (IV of
1969), as may be delegated to him under section 6 of that Act for the purposes
of prevention of the smuggling of arms and food grains.
8. Superintendence, command, control and administration
of the Force.*(1) The superintendence of and
command and control over the Force shall vest in the Federal Government, and
the Force shall be administered, commanded and controlled by the Director‑Genera’,
the Deputy Director General, the Directors and other officers in accordance
with the provisions of this Act and any rules made thereunder and such orders
and instructions as may be made or issued by the Federal Government from time
to time.
(2) The headquarters of the Force shall be located at such
place as may be notified by the Federal Government.
(3) While on active duty outside the headquarters, the Force
shall be subject to the general control and direction of such authority or
officer as may be prescribed or as may be specially appointed by the Federal
Government in this behalf.
(4) The Director‑General may, by notification in the
official Gazette, declare a place to be a post of the Force.
9. General duties of officers and members of the Force.‑(1) It shall be the duty of every officer or member of the
Force 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 authorised to apprehend and for
whose apprehesion sufficient grounds exist.
(2) Every officer or member of the Force shall be liable to
serve without and beyond, as well as within, the territory
of Pakistan .
10. Privileges of the officers and members of the Force.‑The officers and members of the Force shall be entitled to
all the privileges which a member of the police force constituted under the
Police Act, 1861 (V of 1861), has under sections 42 and 43 of that Act, section
125 of the Evidence Act, 1872 (I of 1872), and any other enactment for the time
being in force.
11. Resignation of the officers and members.‑No officer or member of the Force shall,---
(a) resign his appointment or request for his reversion to
his parent department during the time he is on active duty; or
(b) withdraw himself wilfully from all or any of the duties
of his appointment, without the previous permission in writing of the Director*
General or any other officer authorised by him in this behalf or, in the case
of the Director‑General, of the Federal Government.
12. More heinous offences.‑‑(1) Any officer or member of the Force who,---
a) begins, excites, causes or conspires to cause or joins in
any mutiny, or being present at any mutiny 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 or conspiracy to mutiny, or of any conspiracy
against the authority of the Government does not, without delay, give
information thereof to any one of his superior officers; or
(b) uses, or attempts to use, criminal force to, or commits
an assault on, his superior officer whether on or off duty gad whether
or not knowing or having reason to believe him tobe such; or
(c) shamefully or cowardly 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) commits theft of or misappropriates any arms or stores
belonging to Government or any property of any kind; or
(e) directly or indirectly holds correspondence with, or
assists or relieves any person, in arms against the authority of the Government
or omits to disclose immediately to any one of his superior officers any such
correspon ,dence coming to his knowledge; or
(f )
communicates to any person, other than a person to whom he is authorised to
communicate, information which is calculated to be or is intended to be
directly or indirectly useful to an enemy or a foreign power or which is
prejudicial to the security of Pakistan or to the good order and ,.efficient
working of the Force; or
(g) who, while on active duty,---
(!) disobeys the
lawful command of any of his superior officers; or
(li) deserts the service; or
(iii) being a sentry, sleeps at his post, or quits it
without being regularly ,relieved or without leave; or
(iv) displays cowardice in the execution of his duty; or
(v) quits his guard, picquet, party or patrol, without being
regularly relieved or without leave; or
(vi) aids or abets smuggling. shall, on conviction by a
special court, be punishable with rigorous imprisonment for a term which may
extend to six years, with or without fine, and, if convicted for aiding or
abetting smuggling, also with confiscation of movable and immovable property.
(2) A special court shall take cognizance of an offence
punishable under subsection (1) either on its own motion or on complaint made
by any officer and shall follow such procedure as may be prescribed.
(3) Where the officer accused of an offence punishable under
subsec*tion (1) is the Director‑General or the Deputy Director‑General,
reference in that subsection and in subsection (2) to a special Court shall be
construed as reference to a Tribunal and subsection (2) shall have effect as if
the reference therein to the special Court taking cognizance of an offence on
its own motion were omitted.
(4) Any officer or a member of the Force shall have the
right to be defended by a legal practitioner or by any officer of his own
choice.
13. Less heinous offences.‑41) Any officer or member of the Force
who,---
(a) is in a state of intoxication when on, or after having
been detailed for, any duty, or on parade, or on the line of march; or
(b) strikes or forces, 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, whether in such
command or not, releases any prisoner without proper authority or negligently
suffers any prisoner to escape; or
(d) being deputed to any guard, picquet or patrol, quits it
without being regularly relieved or without leave; or
(e) being in command of a guard, picquet or patrol, permits
gambling, or other behaviour prejudicial to good order and discipline; or
(f) being under
arrest or in confinement, leaves his arrest or confinement before he is set at
liberty by proper authority; or
(g) is grossly insubordinate or insolent to his superior officer
in the execution of his office; or
(h) refuses to
superintend or assist in the making of field work or other work of any
description orders to be made either in quarters or in the filed; or
(1) strikes or otherwise ill‑treats a member of the Force
subordinate to him in rank or position;
(j) designedly or through neglect injures or loses or
fraudulently or without due authority disposes of his arms, clothes, tools,
equipment, ammunition, accoutrements, any means of transport or other Force
necessaries, or any such articles entrusted to him or belonging to any other
person; or
(k) malingers or feigns or produces disease or infirmity in
himself op intentionally delays his cure or aggravates his disease or
infirmity; or
(l) with intent to render himself or any other person unfit
for service, voluntarily causes hurt to himself or any otter person; or
(m) commits extortion or without proper authority exacts
from any person carriage, porterage or provisions; or
(n) designedly or through neglect, kills, injures, makes
away with ill-treats or loses his horse or any other animal used in the public
service; or
(o) who, while not on active duty,---
(i) disobeys the lawful command of his superior officer;
or
(ii) plunders, destroys or damages any property of any kind;
or
(iii) being a sentry, sleeps at his post or quits it without
being regularly relieved or without leave; or
(iv) deserts or attempts to desert the service or absents
himself without
leave; or
leave; or
(v) accepts illegal gratification from any person; or
(vi) designedly or through neglect fails to apprehend an
offender; or
(vii) designedly or through neglect fails to perform his
duties; or
(viii) neglects to obey Force Orders or any orders, rules,
regulations. made under this Act or commits ‑ any act or omission prejudicial
to good order and discipline such act or omission not constituting any offence
under the Pakistan Penal Code (Act XLV of 1860), or any other law for the time
being in force, shall, on conviction by a special summary Court, be punishable
with rigorous imprisonment for term which may extend to one year and with fine
which may extend to two hundred rupees.
(2) The special summary Court shall take cognizance of an
offence punishable under subsection (1) either on its own motion or on
complaint made by any person and shall follow such procedure as may be
prescribed.
(3) Where the officer accused of an offence punishable under
sub. section (1) is the Director‑General or the Deputy Director‑General,
reference in that subsection and in subsection (2) to a special summary Court
shall be construed as reference to a Tribunal and subsection (2) shall have
effect as if the reference therein to the special summary Court taking
cognizance of an offence of its own motion were omitted.
14. Departmental punishments.‑(1) The Director‑General,
the Deputy Director‑General or a Director may award to any officer or member of
the Force serving under him an), of the following punishments for the
commission of any offence against discipline and good order, neglect of
duty, disobedience, or misconduct, or for any offence which, although it is one
of the offences specified in section 12 or section 13 is not, in his opinion,
of a sufficiently serious nature to warrant trial by a special Court or special
summary Court, namely:---
(a) dismissal from service;
(b) removal from service;
(c) compulsory retirement;
(d) reduction in rank or grade in case of tradesmen, or in
both;
(e) rigorous imprisonment for a term not exceeding twenty‑eight
days;
(f) stoppage of
promotion;
(g) forfeiture of seniority for not more than one year;
(h) forfeiture of pay and allowances not exceeding twenty‑eight
days;
(i) fine not exceeding five hundred rupees;
(j) severe reprimand;
(k) reprimand;
(I) extra‑guards, picquets, patrol or fatigue;
(rn) confinement to lines for any period not exceeding
:thirty days, with or without punishment drill.
(2) Where the officer accused of an offence of the nature
referred to is subsection (1) is the Director‑General or the Deputy Director‑General
and the offence is not, in the opinion of the Federal Government, of a
sufficiently serious nature to warrant trial by a Tribunal, the Federal
Government may appoint an inquiry officer for inquiring into the allegations
against the accused officer in the prescribed manner and, on the basis of the
report of the inquiry officer, award to the accused officer any of the
punishments specified in subsection (1).
(3) Any of the punishments mentioned in subsection (1) may
be awarded separately or in combination with any one or more of the others and
in awarding any of the punishments such procedure shall be followed as may be
prescribed.
15. Consequence of sentence of imprisonment.‑An
officer or member of the Force who is sentenced to a term of imprisonment
for a term which is not less than ninety days shall be deemed to have been
dismissed from the Force.
16. Suspension.‑Any
officer or upper subordinate officer shall be competent to suspend in the
prescribed manner a member of the Force working under him for any misconduct,
remissness or negligence in the discharge of his duties.
1’7. Place of imprisonment.‑If an officer or member of the Force sentenced by a special
court, a special summary Court or a Tribunal to imprisonment for a term not
exceeding one month is also dismissed from service, he shall be imprisoned in
the nearest prison or such other prison as the Federal Government may, by
general or special order, direct, but if he is not so dismissed, he may be
confined in a quarter‑guard or such other place as the Court or the Director‑General
or, in the case of Director* General, the Federal Government may consider
suitable.
18. Arrest.‑(1)
Any member of the Force who commits any offence specified in section 12 or
section 13 may be placed on open or close arrest by arty officer, upper
subordinate officer or subordinate officer and any officer who commits any such
offence may be placed on such arrest by any officer superior in rank to him.
Explanation.‑In relation to the Director‑General, “officer
superior in rank” means the Federal Government.
(2) An upper subordinate officer or subordinate officer who
orders an arrest under subsection (1) shall, at the earliest opportunity,
report the arrest to his Assistant Director or Deputy Director who may, after
investigating the case, order the release or the continued arrest the member of
the Force arrested.
(3) If the officer who orders the arrest of an officer under
subsection (1) is subordinate to the Deputy Director‑General or the Director‑General,
he shall report the arrest to the Deputy Director‑General or, as the case may
be, the Director‑General who may, after investigating the case, order the
release or the continued arrest of the officer arrested.
19. Apprehension.‑(1)
Whenever any person subject to this Act deserts, his Director or Deputy
Director shall give written information of the desertion to such civil
authorities as in his opinion may be able to afford assistance towards the
apprehension of the deserter and such authorities shall thereupon take steps for
the apprehension of the said deserter in like manner as if he were a person for
whose apprehension a warrant had been issued by a Magistrate, and shall deliver
the deserter, when apprehended, into the custody of the Force.
(2) Any police officer may arrest without warrant any person
whom he reasonably believes to be subject to this Act and a deserter or
absentee without leave and bring him without delay before the nearest
Magistrate, to be dealt with according to law.
20. Confirmation of sentences.‑(1) No sentence of a special Court, a summary special Court
or a tribunal shall be valid until it is confirmed as provided in this section.
(2) The sentence of a special Court or a Tribunal may be
confirmed by the Federal Government or by an officer of the Federal Government
authorised by it in this behalf.
(3) The sentence of a special summary Court may be confirmed
by the Director‑General or, if so authorized by him, by the Deputy
Director-General.
(4) When confirming a sentence, the Federal Government or
the officer authorised under subsection (2) or, as the case may be, the
Director‑General or Deputy Director‑General may mitigate or remit the
punishment thereby awarded or commute that punishment for any less punishment
or
punishments to which the offender might have been sentenced
by the special Court, special summary Court or, as the case may be, the
Tribunal.
21. Appeal.‑(1)
In all cases decided by the Deputy Director‑General or a Director under section
14, a person aggrieved may, within thirty days of the order, appeal to the
officer higher than the one awarding the punishment.
(2) A person aggrieved by an order of the Director‑General
awarding any punishment under section 14, may within thirty days of the order,
appeal to the Federal Government.
22. Indemnity.‑No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act or
any rules or regulations made thereunder.
23. Powers to make rules and regulations.‑(1) The Federal Government may, by notification in the
official Gazette, make rules,---
(a) regulating the functions and powers of the officers;
(b) regulating the classes and grades of, and the
remuneration to be paid to, members of the Force and their conditions of
service;
(c) regulating the award of departmental punishments under
section 14;
(d) laying down the procedure to be followed by a special
Court, a special summary Court or a Tribunal; and
(e) generally for the purpose of carrying into effect the
provisions of this Act.
(2) The Director‑General may, by notification in the
official Gazette published with the prior approval in writing of the Federal
Government, make regulations consistent with this Act and the rules for
carrying out the purposes of this Act.
24. Repeal.‑The
Federal Security Force Ordinance, 1973 (X of 1973), is hereby repealed.
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