The Karachi
Port Security Force Ordinance, 2002
ORDINANCE LXXXIV OF 2002
An Ordinance,
to provide for the constitution and regulation of the Karachi Port Security
Force
22nd October, 2002
F.No.2(1)/2002-Pub., dated 22-10-2002.---The following Ordinance promulgated by the President is hereby published for general information:---
Whereas it
is expedient to provide for the constitution and regulation of Port Security
Force for protection of ports property; safety of goods stored in the ports
area for import or export; prevention;
inquiry and investigation of offences committed in
connections with the affairs of the ports and matters connected therewith or
ancillary thereto;
And whereas
the President is satisfied that the circumstances exist which render it necessary
to take immediate action;
Now, therefore,
in pursuance of the Proclamation of Emergency of the Fourteenth day of October,
1999, and the Provisional Constitutional Order No. 1 of 1999, read with the
Provisional Constitution (Amendment; Order No. 9 of 1999, and in exercise of
all powers enabling him in that behalf, the President of Islamic Republic of
Pakistan is pleased to make and promulgate the following Ordinance;
CHAPTER 1
1. Short title, extent, and
commencement.---(1) This Ordinance may be called
the Karachi Port Security Force Ordinance, 2002.
(2) It extends to the Ports limits of Karachi
Port as defined under the First Schedule of this Ordinance.
(3) It shall come into force at once.
2. Definitions.
---In this Ordinance, unless there is anything repugnant in the subject or
context,---
(i) “Board” means Board of Trustees of the Port of Karachi
as defined in Karachi Port Trust Act, 1886 (II of 1886);
(ii) “Chairman” means the Chairman of the Karachi Port Trust
and includes any Acting Chairman of the Trust as defined in the Karachi Port
Trust Act, 1886 (II of 1886);
(iii) “Commandant” means any person appointed under section
4 as Commandant of the Port Security Force or any person for the time being
performing duties of Commandant;
(iv) “custody” means the arrest and confinement of a person;
(v) “Deputy Commandant” means any person appointed under
section 4 as Deputy Commandant of the Port Security Force or any person for the
time being performing duties of Deputy Commandant;
(vi) “Force” means the Port Security Force constituted and
established under section 3;
(vii) “Magistrate” means a Magistrate appointed under this
Ordinance;
(viii) “member” means a person, other that an officer, who
is appointed to the Force and has signed an affirmation in the form set out in
the Third Schedule;
(ix) “officer” means a person who is so appointed to the
Port Security Force and has signed an affirmation in the form set out in the
Third Schedule;
(x) “Port Area” means the Port Area specified in the First
Schedule;
(xi) “prescribed” means prescribed under the rules or
regulations under this Ordinance;
(xii) “Regulation” means regulations made under this
Ordinance;
(xiii) “Rules” means rules made under this Ordinance; and
(xiv) “Schedule” means the schedule to this Ordinance;
3. Establishment, constitution and
maintenance of the force, its powers and functions.---(1)
The chairman with the approval of the Federal Government shall establish,
constitute and maintain a force to be called the Karachi Port Security Force to
maintain security and safety of the Karachi Port Area for performing of the
following functions, namely:---
(a) maintain law and order in the Port Area and take
cognizance of offences committed therein or connected thereto;
(b) controlling and regulating the admission of persons, to,
and the conduct of persons in the vicinity of Port Area;
(c) render all possible assistance to the Port users
(d) prevent loss to port property and any other property or
goods for the time being within the limits of the port and prevention of
offences or contravention of any rule or regulation in respect thereof;
(e) ensure proper conduct of persons in the Port Area;
(f) to keep Port premises clear of idlers, beggars, hawkers
etc. and to keep a lookout for suspicious persons, smugglers and other persons
on the Port premises in contravention of rules, regulations or orders for the
time being;
(g) to regulate and control movement, traffic and parking of
engines, fork lifts, cargo handling equipment’s, trucks and vehicles and around
the Port Area, prevent obstructions therein and thereabouts anti enforce
regulations with regard to them;
(h) enforce and implement the orders of Magistrate or any
authorised officer or as defined under the Land Control (Karachi Division) Act,
1952 (XI of 1952) in the Port area and priorities wherein the Karachi Port
Trust has any legal or equitable interest or lien;
(i) inquire into and investigate the offences under this
Ordinance, its rules, regulations or any other laws as may be prescribed by the
Federal Government in this behalf by notification in the official Gazette;
(j) bring into the notice of the Chairman any contravention,
breach or violation of any law of which the Force may not itself take
cognizance;
(k) prevent pollution; spillage, waste fire hazards,
chemical hazards, water hazards, biological hazards, hazardous waste and
hazardous substances and also prevent the generation, collection transport
treatment, disposal, storage, handling import, export of the same may be
prescribed;
and
(l) such other functions connected with the purposes of this
Ordinance as the Federal Government may by notification in the official Gazette
require the force to perform.
(2) In the discharge of their functions, the officers and
members of the Force shall be guided by, and act to accordance, with this
Ordinance and the rules and regulations.
(3) The administration of the force shall vest in the
commandant of the Force who shall administer it in accordance with the
provisions of this Ordinance, rules and such orders and instruction as may be
made or issued by the Chairman from time to time.
(4) The Force shall exercise his powers and perform his
functions under the general supervision and directions of the Chairman.
CHAPTER – II
CONSTITUTION, SUPER INTENDENCE AND
ADMINISTRATION OF THE PORT SECURITY FORCE
4. Appointment of Commandant etc.--(1)
The Board may, appoint any member in the service of Pakistan
(2) The Chairman may appoint any member in the service of Pakistan
CONSTITUTION, SUPER INTENDENCE AND
ADMINISTRATION OF THE PORT SECURITY FORCE
5. Appointment of subordinate and
ministerial staff.--(1) The Commandant or a person
authorized by the Chairman in this behalf tray appoint, subordinate and
ministerial staff and other members of the Force and determine the duties to be
performed by such officer, staff and other members.
(2) Appointments under subsection (1) shall be made by
direct recruitment or promotion or from personnel on deputation from any of the
Defence Services of Pakistan, the Civil Armed Forces, or any other department
of Government in such manner as may be prescribed.
Explanation.--In
this subsection, “Civil Armed Forces’ means such forces as the Federal
Government may, by notification in the official Gazette, specify.
(3) The Commandant may appoint within the cadre the strength
sanctioned by the Chairman, such-number of Inspectors, sub-Inspectors,
Assistant Inspectors, Selection grade security guards and Security guards as he
may consider necessary for the efficient performance of the functions of the
Force.
(4) the rank structure, number of the officers and other
members of the Force shall be such as may be prescribed by the rules;
(5) Subject to section 6, officers and members of the Force
shall receive pay, pension, allowances and other remunerations and shall enjoy
such leave and other privileges as may be prescribed from time to time.
(6) Before the person is appointed under subsection (1), the
statement contained to the recruiting roll and affirmation set out respectively
in the second and Third Schedules shall, at any convenient place be read out
and, if necessary, explained to him who shall, in acknowledgement of the
statement having been so read out to him put his signature to it.
(7) When the affirmation set out in the Third Schedule is
read out, it shall be repealed by the person making affirmation before he signs
it.
(8) Officers and members of the Force shall wear such
uniforms as may be prescribed under the regulations.
6. Members of Defence service of
Pakistan to be subject to their respective laws.---Every
officer and member of the Force who is appointed under subsection (2) of
section 5 on deputation from the Defence Services of the Pakistan shall, remain
subject to their respective Acts, as officers and persons enrolled under the
respective Act accordingly as they are respectively officers, junior
commissioned officers and other members of the Force.
7. Industrial Relations Ordinance,
1969 (XXIII of 1969) or any other labour law not to apply to the Port Security
Force. ---Nothing contained in the Industrial
Relations Ordinance, 1969 (XXIII of 1969) or any other labour law which is for
the time being in force, shall apply to, or in relation to, the Port Security
Force or any person appointed under this Ordinance.
8. Powers and duties of the officers
and members of the Force.--(1) An officer or member
shall,---
(a) take effective measures for ensuring security of the
Port for safeguarding the unlawful interferences;
(b) safeguard persons, cargo and property of the Port within
the limits of Port;
(c) prevent unauthorized persons and vehicles from access to
the Port or other areas important to the security of the Port;
(d) take effective measures for preventing sabotage,
placement of any explosive items, dangerous articles and carriage of arms and
ammunitions in to the restricted areas of the Port and shall as soon as he
detects any contraband on the person or in cargo of any person checked by him
notify it to the Customs staff available at the Port for appropriate action
under the Customs Act, 1969 (IV of 1969);
(e) use such arms and ammunition and equipment as may be
authorised by the Commandant of the Force or an officer authorised by him in
this behalf for the purpose of this Ordinance;
(f) search and arrest without warrant any person who is
suspected of endangering, or attempting to endanger, or having endangered, the
safety of the Port or may be necessary in the discharge of the aforesaid
duties:
Provided that
no person shall be arrested by an officer below the rank of BS-16;
(g) perform such other functions as the ‘Chairman may
require to be performed in relation to this Ordinance; and
(h) search, detain or arrest any person, vehicle or vessel
toy prevent or detect any offence under this Ordinance or any other enactment
in respect of the vessel, or by any person on board the vessel, the vehicle or
any person in the vehicle
Provided that
no person shall be arrested by an officer below the rank of RS-16.
(2) The Commandant of the Force may, with the previous
approval of the Federal Government, call for police and military assistance in
connection with unlawful activity on the Port, and when he does so, all
officers and members of the civil agencies operating at the Port shall function
m accordance with the directions of the authorities rendering such assistance.
(3) An officer, for the purposes of this Ordinance, shall
exercise, within the Port areas as specified in the First Schedule of the
Ordinance all the powers of an officer in-charge of a police station, under the
Police Order, 2002 (Chief Executive’s Order No.22 of 2002) and the Code of
Criminal Procedure, 1898 (Act V of 1898).
CHAPTER IV
SPECIAL OFFENCES
9. False pretense of membership of
unlawful purpose.--- Any person who, not being a member
or officer of the Force, puts on the dress or take the name, designation or
character of a member or officer of the Force for the purpose of obtaining
admission into any house, ‘vessel or other place, shall be guilty of an offence
and, notwithstanding any other penalty to which he may be liable, shall
be liable to a fine of rupees ten thousand and to imprisonment for six
months.
SPECIAL OFFENCES
10. Assaulting Officer or member in
execution of duty, etc.---Any person who assaults or resists
any officer or member in the execution of his duty, or aids or incites any
person so to assault or resist any officer or member of the Force, or refuses
to assist any officer or member of the Force in the execution of his duty when
called upon to do so, or who, by the giving of false information with intent to
defeat or, delay the performance of the officer and the member in the discharge
of his duty, wilfully misleads or attempts to mislead any officer or member of
the Force shall be guilty of an offence and shall be liable to a fine of rupees
twenty five thousand or with imprisonment for six months or both.
11. Offences relating to
disobedience of orders, obstruction and refusal of information.---
Whoever incites, persuades, otherwise endeavours, prevents or willfully
disobeys any direction lawfully given by the member or officer of the Force in
uniform of any person or authority empowered under this Ordinance to give such
direction or obstructs any person or authority in the discharge of any
functions which such person or authority is required or empowered under this
Ordinance to discharge or being required by, or under, this Ordinance supplies
any information, withholds such information or gives information which he knows
to be false, if no other penalty is provided for the offence, shall be
punishable with imprisonment for a term which may extend to six months or fine
which shah not be less than rupees ten thousand and may extend to rupees twenty
five thousand or with both.
12. Offences relating to prohibited
appliances. ---Whoever carries or is found in
possession of any items the carrying or possession of which is prohibited by
rules made under this Ordinance shall be punished with fine which shall not be
less than rupees ten thousand and may extend to rupees twenty five thousand and
such items shall be forfeited to the Chairman.
13. Punishment for abetment of
certain offences. ---Whoever aids or abets the
commission of any offence under this Ordinance, its rules or regulations shall
be punishable with the punishment provided for the offence under
Ordinance.
CHAPTER V
ADJUDICATION
ADJUDICATION
14. Appointment or Magistrates.
---(1) Notwithstanding anything contained in the Code of the Criminal
Procedure, 1898 (Act V of 1898) or any other law for the time being in force,
the Government may for the purposes of this Ordinance, appoint a Magistrates of
First Class within the meaning of the Code of Criminal Procedure, 1898 (Act V
of 1898).
(2) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898) or any other law for the time bring in
force, the Magistrates shall perform following functions, namely:---
(a) a Magistrate, who shall be assigned to the mobile units
of the Force to patrol the. Harbour area, with powers as shall be prescribed to
monitor, arrest arid adjudicate offences, inclusive of offences relating to
safety, security and pollution of the Harbour and other offences. Such
Magistrate shall have powers to conduct summary proceedings and penalize and
fine the offenders in accordance with the Code of Criminal Procedure, 1898 (Act
V of 1898).
(b) a Magistrate, located in the vicinity of the Port Area,
adjudicating offence committed, under this Ordinance; its rules and regulations,
the Pakistan Penal Code, 1860 (Act XLV of 1860) as per the Fourth Schedule and
exercising power under the Code of Criminal Procedure, 1898 (Act V of 1898),
and in accordance with the law:
Provided that
the Port Magistrate shall conclude the proceeding within thirty days of the
commencement of the proceedings.
(4) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898) or any other law for the time being in
force, the Judicial Magistrates shall in addition have all the powers and
exclusive jurisdiction under the Land Control (Karachi Division) Act, 1952 (XI
of 1952) to adjudicate matters relating to all movable and immovable properties
of the Karachi Port Trust in accordance with prevailing law:---
Provided that
in the matter of unauthorised occupation of land or buildings or unauthorised
occupancy, notice in writing shall be given by the Board to the trespassers,
unauthorised occupants or lessees of denlised leases with the Karachi Port, to
vacate the properties of the Board within three weeks, to remove unauthorised
structure if any, and deliver vacant possession to the hoard. Failing
compliance, the Board may file a, complaint before a Magistrate appointed under
this Ordinance, who shall issue notice to the person to show-cause, why action
should not be taken against him. After giving him a hearing, the Magistrate may
enforce the eviction of such person by such force as may be necessary and order
the removal or demolition of any or all unauthorised structures on such
property:---
Provided further
that if the Magistrate authorises any officers to take such action, who may
require assistance of the Force to execute the orders, he may send a
requisition for assistance of the Force to the Police officer-incharge of a police
station having territorial jurisdiction over the area in which the property is
situated. The officer-in-charge, upon receipt of such requisition from the
Magistrate, shall forthwith render the required assistance.
(4) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V 1898) or any other law for the time being in
force, the Force shall implement and enforce orders of the Magistrate using any
Force deemed necessary for compliance of the orders;
ADJUDICATION
15.
Jurisdiction and procedure.---Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Act V of 1898),---
(a) an offence under this Ordinance shall be cognizable.
(b) a Magistrate trying an offence under this Ordinance
shall have power to try such offences in accordance with the procedure laid
down in the Code of Criminal Procedure, 1898 (Act V of 1898); and (c) a
Magistrate appointed under section,14 shall have Jurisdiction to try offences
as per the Fourth Schedule.
CHAPTER VI
MISCELLANEOUS
MISCELLANEOUS
16. Indemnity.---No
suit, prosecution or other legal proceedings shall be against any person for
anything which is in good faith done, or intended to be done, under this
Ordinance or any rules or regulations made thereunder.
MISCELLANEOUS
17 Power to make rules.---(1)
The Board may, 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,---
(i) officers and members of the force and their conditions
of service; and
(ii) generally for the purpose of carrying into effect the
provisions of this Ordinance.
18. Power to make regulations.
---The Commandant may, with the prior approval in writing of the Chairman, make
regulation consistent with this Ordinance and the rules for carrying nut the
purposes of this Ordinance.
19. Removal of difficulties.---If
any difficulty arises in giving effect to any of the provisions of this
Ordinance, the Federal Government may make such orders not inconsistent with
the provisions of this Ordinance, as may appear to it to be necessary for the
purpose of removing the difficulty.
FIRST SCHEDULE
Karachi Port limits as defined under section 3 of the
Karachi Port Trust Act, 1886, under the Port Act, 1908 and under S.R.O.
307(KE)/91, dated 5th October, 1991, inclusive of the harbour waters bonded
area the Karachi Fisheries Harbour as defined under the Karachi Fisheries
Harbour Authority Ordinance, 1984 including any wharves, building and other
works made on behalf of the public for convenience of traffic, for safety of
vessels, or for the improvement, maintenance and good governance of the harbour
and including the vicinity of the Port limits.
SECOND SCHEDULE
(Recruiting Roll)
After you have served in the Port Security Force for such
period as has been fixed under the Karachi Port Security Ordinance, 2002, you
may at any time when not on active duty, apply for your’ discharge through the
officer to whom you may be subordinate, to the 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 that unit of the Port
Security Force to exceed one-tenth of the sanctioned strength, in which case
you shall be bound to remain until this objection is waived or removed. But
when on active duty, 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
Port Security Force ceases, when you may make your application in the manner
mentioned above.
Signed in acknowledgement of the above having been read out
to me. I have understood the purport of what has been read out.
Person Enrolled.
Date_________
Signed in my presence after I have ascertained that the
recruit understood the purport of what he signed.
Commandant or other Enrolling Officer.
THIRD SCHEDULE
I,-------------------------------- solemnly affirm in the
presence of Almighty Allah that I will be faithful and bear true allegiance to
the Government of Pakistan and that I will, as in duty bound, honesty and
faithfully serve in the Port Security Force and go wherever I may be ordered by
air, land or sea, and that I will observe ,and obey all commands of any officer
set over me even to the peril of my life.
Signed in acknowledgement of the above having been read.
Signed in my presence after I had ascertained that the
person understood the purport of what he signed. Commandant or other Enrolling
Officer.
Roman Urdu Translation of Affirmation.
“Main……………………………….. Khuda-e-Taala ko hazir-o-nazirjankar
khyuulus ke sath iqrar karta hun kih hukumat ka sidq-I-dil se wafadar our
itaatguzar rahunga our apna fart samjhunga kih Port Security Force mein
imandari our wafadari ke sath khidmat baja laun. Bharti hone ki sharit ke
mutabiq khushki, ho ya samundar ke raste jahan bhi jape ka hukam milega jaunga
or jise mera afsar muqarrar kia jaega uske tamam ahkam ki tamil our itat
karunga, khuwah us mein mujhe jan ka khatra kiun na ho. “
FOURTH SCHEDULE
SCHEDULE OF OFFENCES
All
offences under Pakistan Penal Code (Act XLV of 1860) triable by Magistrate
First C
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