[1]THE PUNJAB BORDER MILITARY POLICE ACT 1904
( IV of
1904)
[5th
March, 1904]
An
Act
to provide for the
Regulation of the Border Military Police Force in the [2][notified tribal areas of the Dera Ghazi
Khan and Rajanpur districts of the Punjab.]
Preamble.– [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][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,─
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(a)
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“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;
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[5][(b)
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“Commandant” means a person
appointed under section 5:]
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(c)
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“Active Service” means service against hostile tribes or
raiders or against other persons in the field: [6][
* * * ]
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[7][(d)
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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):]
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[8][(e)
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“Government” means the
Government of the Punjab: and]
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[9][(f)
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“Senior Commandant” means a person appointed or authorized
as Senior
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Commandant under section 5.]
[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][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][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[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.]
[13][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
(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.]
[15][(2) Whoever
commits any of the offences described in sub-section (1), shall be tried in
such manner as may be prescribed.]
[16][
* * * * * * ]
(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.
[18][(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 [19][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[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 [20][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[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[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 [21][Senior
Commandant] or Commandant or other officer authorized by the 26[Senior Commandant] to grant such
permission.
13.
General
duties of Military Police Officers.– [22][* * *] 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. [23][
* * * * * * ]
[24][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[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[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[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.]
33[19.
Rules.– The Government may, by notification in the official Gazette, make
rules for:-
(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 subsection (2) of section 17; and
(d)
generally, for the purpose of carrying into effect the
provisions of this Act.]
[25][ THE SCHEDULE
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]
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]
Substituted for the words “North-West Frontier Province” by the Punjab Border
Military Police (Amendment) Act 2007 (V of 2007).
[3]
Substituted ibid.
[4]
Ibid.
[5]
Ibid.
[6]
The word “and” omitted ibid.
[7]
Substituted by the Punjab Border Military Police (Amendment) Act 2007 (V of
2007).
[8]
Inserted ibid.
[9]
Ibid.
[10]
Substituted ibid.
[11]
Ibid.
[13]
Substituted by the Punjab Border Military Police (Amendment) Act 2007 (V of
2007).
[14]
Substituted by the Punjab Border Military Police (Amendment) Act 2007 (V of
2007).
[15]
Ibid.
[16]
Sub-sections (3) and (4) omitted ibid.
[17]
Section 9 renumbered as sub-section (1) ibid.
[18]
Inserted by the Punjab Border Military Police (Amendment) Act 2007 (V of 2007).
[20]
Ibid. 23Ibid. 24Substituted by the Punjab Border Military Police
(Amendment) Act 2007 (V of 2007).
[22]
Sub-section (1) renumbered ibid. as
section 13.
[23]
Sub-section (2) omitted by the Punjab Border Military Police (Amendment) Act
2007 (V of 2007).
[24]
Substituted ibid. 30Ibid. 31Substituted by the Punjab Border
Military Police (Amendment) Act 2007 (V of 2007). 32Ibid. 33Ibid.
[25]
Substituted by the Punjab Border Military Police (Amendment) Act 2007 (V of
2007).
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