( XXVIII of
1965)
[25th
September, 1965]
An
Ordinance
to consolidate the
law relating to Qaumi Razakars in the Province of 3[the Punjab]
Preamble.— WHEREAS it is expedient to consolidate the law relating to Qaumi
Razakars in the Province of [3][
the Punjab];
AND WHEREAS the Provincial Assembly of
West Pakistan is not in session, and the Governor of West Pakistan is satisfied
that circumstances exist which render immediate legislation necessary;
Now, THEREFORE, in exercise of the
powers conferred on him by clause (1) of Article 79 of the Constitution, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the [4][Punjab] Qaumi
Razakars Ordinance, 1965.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say—
(b)
“prescribed” means prescribed by rules made under this
Ordinance.
3.
Constitution
of Qaumi Razakars.— (1) The Deputy Commissioner may cause to be constituted
for his district a body, to be called the Qaumi Razakars, consisting of such
number of persons and in such manner as may be prescribed.
(2)
The Deputy Commissioner may appoint as members of the
Qaumi Razakars such persons as are fit and willing to serve.
(3)
The superintendence of and control over the body shall
vest in the Deputy Commissioner and it shall be commanded by such persons as
the Deputy Commissioner may appoint.
4.
Duties of
Qaumi Razakars.— The Qaumi Razakars shall perform such duties in connection
with the maintenance of law and order, public security and natural calamities
as may be prescribed.
5.
Call for
training or duty.— The Deputy Commissioner may in the prescribed manner at
any time call out Qaumi Razakars or a member thereof by a general or special
order for training or discharge of duties under this Ordinance.
6.
Call in aid
of police force.— A member of Qaumi Razakars when called out by the Deputy
Commissioner in aid of the police force or any other service established by
law, shall be under the control of the officers of such force or service, in
such manner and to such extent as may be prescribed, and shall have the same
powers, privileges and protection as a person appointed to such force or
service.
7.
Dismissal.—
The Deputy Commissioner may, by an order in writing dismiss any member of the
Qaumi Razakars for misconduct or failure in the discharge of his duties or for
any other sufficient cause:
[7][Provided that
such member shall be provided an opportunity of being heard before an order
against him is passed].
8.
Punishment.—
If a member of the Qaumi Razakars, on being called out under section 5,
neglects or refuses to obey such order or any other lawful order or direction
given to him for the performance of his duties, without sufficient cause, he
shall be punished with imprisonment which may extend to three months or with
fine which may extend to fifty rupees, or with both.
9.
Qaumi
Razakars to be public servants.— A member of the Qaumi Razakars shall be
deemed to be a public servant within the meaning of section 21 of the Pakistan
Penal Code9.
10.
Bar to legal
proceedings.— No suit, prosecution or other legal proceedings shall lie
against any member of the Qaumi Razakars for anything which is in good faith
done or intended to be done, in pursuance of this Ordinance, or any rules made
thereunder.
11.
Cognizance
of offences.— When any member of the Qaumi Razakars is accused of any
offence alleged to have been committed by him while acting or purporting to act
in the discharge of his duties under this Ordinance, no Court shall take
cognizance of such offence except with the previous sanction of the Deputy Commissioner.
12.
Power to
make rules.— (1) Government may make rules to carry out the purposes of
this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing powers, such rules may—
(a)
regulate the organization, conditions of service and
discipline of the members of the Qaumi Razakars;
(b)
prescribe the uniform and accoutrements of the Qaumi
Razakars;
(c)
prescribe duties that Qaumi Razakars may perform under
section 4;
(d)
prescribe the manner in which the Qaumi Razakars may be
called out for training or service;
(e)
provide for the exercise of control by officers of the
police force or any other service established by law over members of the Qaumi
Razakars when acting in aid of such force or service;
(f)
prescribe the form of certificate of membership of the
Qaumi Razakars.
13.
Repeal and
savings.— (1) The following enactments are hereby repealed:-
(c)
the North-West Frontier Qaumi Razakars Act, 195212.
(2)
Notwithstanding the repeal of the enactments mentioned
in sub-section (1), members of the Home Guards and Qaumi Razakars thereby
appointed shall be deemed to be members of the Qaumi Razakars hereby
constituted.
[1]
This Ordinance was promulgated by the Governor of West Pakistan on 21st September,
1965; approved by the Provincial Assembly of West Pakistan on 2nd December,
1965, under clause (3) of Article 79 of the Constitution of the Islamic
Republic of Pakistan (1962); and, published in the West Pakistan Gazette
(Extraordinary), dated 2nd December, 1965, pages 5939-41.
[2]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”. 3Ibid.
[3]
Ibid.
[4]
Ibid.
[5]
Ibid.
[6]
Substituted ibid., for “Government of
West Pakistan”.
[8]
Sind XXI of 1948.
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