BALOCHISTAN
PROVINCIAL ASSEMBLY SECRETARIAT
NOTIFICATION
Dated Quetta, the 7th April, 2010.
No. PAB/Legis: V (5) / 2010. The
Balochistan Levies Force Bill 2010 having been passed by the Provincial
Assembly of Balochistan on 5th
April 2010 , and assented to by the Governor, Balochistan, on 7th April, 2010 ,
is hereby published as an Act of the Provincial Assembly.
THE BALOCHISTAN LEVIES FORCE ACT
No. IV of
2010
(First published after having
received the assent of the Governor Balochistan in the Balochistan Gazette
(Extra-ordinary) dated 7th
April, 2010 .
AN
ACT
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Preamble
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to reconstruct and regulate Balochistan Levies Force in
Balochistan
WHERAS, it is expedient to provide
for the regulation of the Levies for maintenance of Public order according to
the law and democratic aspiration of the people;
It is hereby enacted as follows:
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Short Title, extent, commencement and
application
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1.
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(1) This Act may be called the Balochistan Levies Force Act
2010.
(2) It extends to the whole of Balochistan.
(3) It shall come into force at once.
(4) It shall apply to the members of the Balochistan Levies
Force or any other person inducted from other force and the officers
authorized by the Government to command the Balochistan Levies Force wherever
they may be.
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Definitions.
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2.
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(1) In this Act unless there is anything repugnant in the
subject or context
(a) “Act” means the Balochistan Levies Force
Act 2010;
(b) “A-Area” means the areas declared as such by the Government
through a notification where Police shall act as Law Enforcement Agency.
(c) “B-Areas” means the areas declared as such by the Government
through a notification where Levies shall act as Law Enforcement Agency.
(d) “Competent Authority” means any person or class of persons
declared as such by the Government under the rules.
(e) “Code” means the Code of Criminal Procedure, 1898 (Act of V of
1898).
(f) “Commissioner” means the Commissioner of the Division appointed under Balochistan Land Revenue
Ac 1967.
(g) “District Coordination officer” means the District Coordination
officer as defined in the Local Government Ordinance 2001.
(h) “District Administrative Officer” means an officer appointed by
the Government.
(i) “Department” means the Home & Tribal
Affairs Department.
(j) “Deputy Commissioner” means an officer appointed as such under
the Land Revenue Act 1967. May include an Additional Commissioner as well.
(k) “Executive District Officer (Revenue)” means the EDO(R)
appointed under the Land Revenue Act 1967.
(l) “Government “means the Government of
Balochistan.
(m) “Levies Officer” means a member of Balochistan Levies Force who
is subject to this Act.
(n) “Prescribed” means prescribed by rules
made under this Act.
(o) “Rules” means rules framed under this Act.
(p) “Service” means Balochistan Levies Force Service.
(q) “Secretary” means the Secretary to the Government of
Balochistan Home & Tribal Affairs Department.
(r) “Schedule” means a schedule to this
Act.
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Power to maintain Balochistan
Levies Force.
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3.
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The Government shall establish and
maintain Balochistan Levies Force for maintenance of Law and order and for
duties under this Act.
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Constitution of Balochistan
Levies Force.
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4.
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(1) The Force shall consist of a Director
General to be appointed by the
Government and such number of other officers/officials as the Government may
from time to time appoint to be the members of the Force.
(2) Notwithstanding anything contained in any other law for the
time being in force the members of the Balochistan levies Force shall receive
such pay and other privileges as may be prescribed by the Government from
time to time.
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Appointments/ Recruitments.
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5.
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Recruitments/Appointments
in the service shall be made subject to the rules as prescribed by the
Government.
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Superintendence, command,
control and Administration of Balochistan Levies Force.
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6.
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(1)
The
superintendence, command and control over the Balochistan Levies Force shall
vest in the Government.
(2)
The
Government shall exercise superintendence and control over Balochistan Levies
Force through Home & Tribal Affairs Department/Director General.
(3)
The
Administrative control and supervision of the Balochistan Levies Force in B
areas shall be vested in Commissioner, Deputy Commissioner, Assistant
Commissioner, District Administrative Officer and Executive District Officer.
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Duties and Functions
of the Levies Force.
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7.
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(1) Subject to law, it shall be the duty of the Levies Force to:
(a) Inquire into, investigate all offences relating to or connected
with PPC or any other Local or Special law for the time being in force in the
B-Area.
(b) Protect life, property and liberty of citizens.
(c) Preserve and promote public peace.
(d) Ensure that the rights and privileges, under the law, of a
person taken in custody, are protected.
(e) Prevent the commission of offences and public nuisance.
(f) Collect and communicate and share intelligence with other Law
Enforcement Agencies affecting public peace and crime in general.
(g) Keep order and prevent obstruction on public roads and in the
public streets and thoroughfares and all other places of public resort and in
the neighbourhood of and at the places of public worship.
(h) Regulate and control traffic on public roads and streets.
(i) Take charge of all unclaimed property and to prepare its
inventory.
(j) Detect and bring offenders to Justice.
(k) Apprehended all persons whom it is legally authorized to
apprehend and for whose apprehension, sufficient grounds exist.
(l) Ensure that the information about the arrest of a person is
promptly communicated to the concerned person/authority.
(m) Enter and inspect without a warrant on reliable information any
public place, shop or gaming-house where alcoholic drinks or narcotics are
sold or weapons are illegally stored and other public places of resort for
loose and disorderly characters or where anti-state literature, material is
found.
(n) Obey and cooperate with other agencies for the prevention of
destruction of public property by violence, fire, or natural calamities.
(o) Perform other duties and exercise powers as are conferred by
this Act or any other law for the time being in force.
(p) Assist in preventing members of public from exploitation by any
person or organized groups.
(q) Take charge of lunatics at large to prevent them from causing
harm to themselves or other members of public and their property.
(r) Prevent harassment of women and children in public places.
(2) The member of the Levies Force shall make every effort in “B
Area” to:-
(a) Afford relief to people in distress situations, particularly in
respect of women and children.
(b) Provide assistance to victims of road accidents.
(c) Assist accident victims or their heirs or their dependents,
where applicable, with such information and documents as would facilitate
their compensation claims and
(d) Cause awareness among the victims of road accident of their
rights and privileges.
(3) It shall be the duty of a Levy officer
to lay information before a competent court and to apply for a summons,
warrant or such other legal process as may, by law, be issued against any
person suspected of committing an offence.
(4) Balochistan Levies Service shall be an
essential service, it shall be the duty of every Levy officer to obey any
lawful orders given by a senior officer in relation to the declaration of
emergency.
(5) The attitude and responsibilities of the members of the
Levies Force towards the public shall be to:-
(a) Behave with the members of the public with due decorum and
courtesy;
(b) Promote amity;
(c) Guide and assist members of the public particularly the poor,
disabled or physically weak and children who are either lost or find
themselves helpless on the streets or other public places and
(d) Aid individuals who are in danger of physical harm particularly
women and children.
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Power of the Levies Officer.
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8.
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The Levies officer shall for the
purpose of registration of case, an inquiry or investigation under this Act have
throughout B area such powers including the powers relating to search, arrest
of person and seizures of property and such duties, privileges and
liabilities as a Police officer has in respect of offences under the Code or
any other law for the time being in force.
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Delimitation of Territorial
Jurisdiction of Levies.
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9.
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(1) All the registered cases of the Levies
Force in the B-area shall be investigated by the investigation staff in the
district under the supervision of the head of investigation, as per provision
of Section 173 of Cr PC.
(2) (Act V of 1898) The Government shall
confer power of investigation to any officer of the Levies Force as provided
under Code of Criminal Procedure 1898 (Act V of 1898) for the cases
registered in levies Police Stations in B area.
(3) Government may allow levies force in
‘A’ area to help police or in case of hot pursuit or law and order situation
for joint action of levies and police.
(4) Home Department or Commissioner may allow levies force to
enter in ‘A’ area for action, if law and order situation or special
circumstances require such.
(5) Home Department or Commissioner may allow police force to
enter in ‘B’ area for action, if law and order situation or special
circumstances require such.
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Conduct of Investigation of
cases in B-area.
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10.
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(1) All the registered cases of the
Levies Force in the B-area shall be investigated by the investigation staff
in the district under the supervisions of the head of investigation, as per
provision of Section 173 of Cr PC.
(2) The Government shall confer power of
investigation to any officer of the Levies Force as provided under Code of
Criminal Procedure 1898 (Act V of 1898) for the cases registered in levies
Police Stations in B area.
(3) The District Administrative
Officer/District Coordination Officer or officer designated as head of the
general or revenue administration / posted by Government shall act or
designate any officer as head of investigation for the cases registered in
Levies Police Stations in B-area of the district.
(4) The District Administrative
Officer/District Coordination Officer shall not interfere with the process of
investigation. However, he shall supervise the progress of all such cases
which have a bearing on Public Order. The head of investigation shall provide
full support to the Investigation Officer.
(5) Investigation Officer shall not be
changed except after due deliberations and the recommendations of
Commissioner, Deputy Commissioner of the relevant division and final approval
of the Secretary who shall record reasons for change of such Investigation.
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Suspension of a Levy officer.
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11.
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(1) Subject to rules framed by the
Government, the Government or an officer authorized in this behalf by the
competent authority shall have power to suspend a member of Balochistan
Levies Force. Government / competent authority may take further action under
rules as prescribed.
(2) The powers and functions vested in a
member of Balochistan Levies Force shall remain suspended while such
member/officer is under suspension.
(3) A Levy officer or member when off-duty,
on leave or under suspension shall be liable to be called for duty.
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Punishment.
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12.
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(1) The following minor and major punishments
shall be awarded to the officers and members of Balochistan Levies Force,
namely.
(a) Minor Punishment.
(i) Censure.
(ii) Forfeiture of approved service upto two
years.
(iii) Withholding of promotion upto two years.
(iv) Stoppage of increment for a period of not
exceeding two years without cumulative effect.
(v) Fine to amount not exceeding one month’s
pay.
(b) Major Punishment.
(i) Reduction in rank.
(ii) Compulsory retirement.
(iii) Removal from service.
(2) Removal from service does not but
dismissal from service does disqualify for future employment.
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Ground of punishment.
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13.
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(1) Where a member of the Levies Force in
the opinion of the Competent Authority.
(a)
is
inefficient or has ceased to be efficient or
(b)
is
guilty of misconduct or
(c)
is
corrupt or may reasonably be considered corrupt because;
(i) he is or any of dependents or
any other person claming through him or on his behalf is in possession (for
which he can not reasonably account) of pecuniary resources or any property
disproportionate to his known sources of income or
(ii) he has assumed a style of
living beyond his ostensible means. He may impose on him one or more
punishments specified in section 12.
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Withdrawal from duty and
Resignation.
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(1) No officer or member of the Levies
Force shall withdraw from the duties of his office unless expressly allowed
to do so in writing by the competent authority or by an officer authorized to
grant such permission.
Explanation: An officer or member of the Levies
Force who being absent on leave fails without reasonable cause to report for
duty on the expiration of such leave shall be deemed within the meaning of
this Section to withdraw himself from the duties of his office.
(2) No officer or member of the Levies Force
shall resign his office unless he has given to his superior officer notice in
writing for a period of not less than two months of his intention to resign.
(3) No officer or member of Levies Force
shall engage in any private employment/business while he is a member of the
Balochistan Levies Force.
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Transfer and Posting.
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15.
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(1) Every member of the Levies force shall
be liable to serve any where within or outside the
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Employment of additional
Levies at the cost of the person making the application.
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16.
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(1) The Commissioner, Deputy Commissioner or
District Coordination Officer subject to approval of Home Department may on
application/request of any organization, institution or person depute any
additional number of Levies Force to keep peace, to preserve order, to
enforce any provisions of law, in respect of any particular class or classes
of offences or to perform any other duties imposed on the levies.
(2) Subject to rules, such additional
Levies Force shall be employed at the cost of the organization/institution or
person making the application/request.
(3) If the organization/institution or the
person upon whose request/application such additional Levies Force are
employed gives fifteen days notice for the withdrawal of the said Levies
Force, the organization or person shall be relieved from the cost thereof at
the expiration of such notice.
(4) If there is any dispute on payment, the
district head of Levies Force refer the written objections of aggrieved party
to the Home Department for final decision which shall be final and not
challengeable in any court.
(5) When any loss, damage or death or grievous
hurt is caused during course of his duty to any member of the Force, the said
organization or person shall pay the amount of compensation on the basis of
the rates fixed by the Government or rates previously agreed by both the
parties.
(6) Any amount payable under Section 16
(2),(3),(4) and (5) shall be recovered in the same manner as if it were
arrears of land revenue.
(7) Amount payable under Section 16
(2),(3),(4) and (5) shall be credited to the Government treasury.
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Offence by and punishment for
Levies officers.
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17.
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(1) Every member of Balochistan Levies Force who
(a) is found in a state of intoxication while on duty ’ or after
having been warned for any duty, or on parade
(b) strikes or attempts to force any Levy man,
(c) being in command of guard, picket or patrol, refuses to receive
any prisoner or person duly committed to his charge, or releases without
proper authority any prisoner or person placed under his charge, or
negligently suffers any such prisoner or person 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 superintend or assists in the making of any field work
or other work of any description ordered to be made,
(g) strikes or otherwise ill uses any member of the Balochistan
Levies Force subordinate to him in rank or position,
(h) designedly or through neglect injuries or loses or fraudulently
disposes of his arms, clothes, tools, equipments, ammunitions, or levies
necessaries or any such articles entrusted to him or belonging to any other
person, or
(i) with intent to render himself or any other person unfit for
service, voluntarily causes hurt to himself or any other person, or
(j) does not, when called upon by his superior officer so to do, upon
ceasing to be a member of Balochistan Levies Force forthwith or duly account
for, all or any arms, ammunitions, stores, accoutrement or other property
issued or supplied to him, or in his custody or possession, as a member of
levies or
(k) absents himself without leave, or without sufficient cause for
overstay leave granted to him, or
(l) contravenes any provision of this Act for which no punishment is
expressly provided shall be punishable with imprisonment for a term which may
extend to two years or with fine which may extend rupees fifty thousands or
with both and on conviction from the competent court of law he shall cease to
be a member of the Levies Force.
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Constitution of Selection and
Promotion committees for Balochistan Levies Force.
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18.
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Subject to
the rules framed by the Government there shall be Selection and Promotion
Committee comprising of such members as Government may notify from time to
time for initial recruitment and promotion of employees of Balochistan Levies
Force.
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Maintenance of Daily Diary at Levies Police Station.
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19.
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(1) A register of Daily Diary shall be
maintained at every Levies Police Station in such form as shall, from time to
time, be prescribed and to record therein the names of all complainants,
persons arrested, the offences, charge against them, the weapons or property
that shall have been taken from their possession or otherwise, and the names
of witnesses who shall have been examined.
(2) The District and Sessions Judge of the
district may call for and inspect such diary.
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Indemnity.
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20.
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Except as otherwise expressly
provided in this Act no suit, prosecution or other legal proceeding shall lie
against any member of the Levies Force, Government or any other authority or
person for any thing which is in good faith done or intended to be done under
the Act or any rule made there under.
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Notification of Rules and
Regulations in the official gazette.
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21.
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Every rule, regulation and
notification made under this Act shall be notified in the official Gazette.
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Act to override other laws.
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22.
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The Provisions of this Act shall
be enforced notwithstanding anything repugnant to contrary contained in any
other law for the time being in force.
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Power to make rules.
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23.
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(1) The Government may make rules for carrying out the purposes
of this Act.
(2) In particular and without prejudice to the generality of
foregoing power such rules may provide for:
(a) regulating the functions and powers of employees of Balochistan
Levies Force,
(b) regulating the classes and grades of, and the remuneration to be
paid to, members of the Balochistan Levies Force and their conditions of
service,
(c) the conduct of employees of Balochistan Levies Force,
(d) number and terms and conditions of service of Levies Force/ ministerial staff, or
(e) Any other matter that the Government may deem fit.
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Rules of conduct.
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Saving all rules prescribed, appointments made, power conferred order
made or passed, summons or warrants issued or served, person arrested or
detained or discharged on bail or bond, search warrants issued, bond
forfeited so far as they are consistent with this Act be deemed to have
respectively been prescribed, made, conferred, given, passed, served,
arrested, detained, discharged, forfeited and incurred hereunder.
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Existing levies Force deemed
to
Be constituted under this Act.
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25.
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Without prejudice to the
provisions contained in this Act the functioning of Levies Force in the
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Removal of difficulties.
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26.
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If any difficulty arises in giving effect
to any of the provisions of this Act, the Government may make such order, not
inconsistent with the provision of this Act, as may appear to it to be
necessary for the purpose of removing the difficulty.
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Secretary,
Balochistan Provincial Assembly
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