14. Offences punishable with one year rigorous imprisonment or fine or both.– Any member of the Force who:-
(a) is in a state of intoxication when on or after having been warned for any duty or on parade or on the line of march; or
(b) being in command of a guard, picquet or patrol, refuses to secure any prisoner or person duly committed to his charge, or without proper authority, releases any prisoner or person placed under his charge, or negligently suffers any such prisoner or person to escape; or
(c) being under arrest or in confinement, leaves before he is set at liberty by proper authority; or
(d) strikes or attempts to force any sentry; or
(e) is grossly insubordinate or insolent to his superior officer in the execution of his office; or
(f) strikes or otherwise ill uses any member of the Force; or
(g) designedly or through neglect injures or loses or fraudulently disposes of his arms, clothes, tools, equipment, ammunition, accoutrements [or animals] or Force necessaries or any such articles entrusted to him or belonging to any other person; or
(h) malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure, or aggravates his disease or infirmity; 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 or upon ceasing to be a member of the Force, 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 member of the Force; or
(k) knowingly furnishes a false return or report of the number or state of any men under his command or charge, or of any money, arms, ammunition, clothing, equipment, stores or other property in his charge, whether belonging to such men or to Government or to any member of or any person attached to the Force, or who through design or culpable neglect, omits or refuses to make or send return or report of the matters aforesaid; or
(l) absents himself without leave, or without sufficient cause overstays leave granted to him; or
(m) is guilty of any act or omission, which though not specified in the Ordinance, is prejudicial to good order and discipline; or
(n) who, while not on active duty–
(i) disobeys the lawful command of his superior officers; or
(ii) deserts the service; or
(iii) being a sentry, sleeps upon his post or quits it without being regularly relieved; or
(iv) plunders, destroys, or damages any property of any kind; or
(v) displays cowardice in the execution of his duty; or
(vi) quits his guard, picquet, party, or patrol without being regularly relieved or without leave,
shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to three months’ pay or with both.
15. Departmental punishment.– [(1) The Director-General, may, subject to rules made under this Ordinance, summarily award, in lieu of or in addition to suspension, removal, dismissal or compulsory retirement from service, any one or more of the following punishments to any member of the Force who in his opinion is inefficient or has ceased to be efficient or whom he considers to be guilty of disobedience, neglect of duly or remissness in the discharge of duty or of rendering himself unfit to discharge his duty, or of other misconduct in his capacity as a member of the Force, that is to say:-
(a) reduction in rank;
(b) fine to any amount not exceeding one month’s pay and allowances;
(c) detention in quarters for a term not exceeding one month;
(d) rigorous imprisonment for a term not exceeding two years with or without drill, extra guard, fatigue or other duty;
(e) removal from any office of distinction or special emoluments in the Force;
(f) extra guards and picquets;
(g) forfeiture of increment of pay;
(h) in the case of a member of the Force of and above the rank of Sub-Inspector and non-commissioned officers reprimand or severe reprimand:
Provided that the punishments specified in clauses (c) and (d) shall not be awarded to a member of the Force of and above the rank of Sub-Inspector [:]
[Provided further that no disciplinary action against a member of the Force shall be taken without providing him an opportunity of being heard.]
(1A) The Director-General may delegate, to such extent and in respect of such units as he may think fit, the powers conferred upon him by sub-section (1) to the Deputy Director-General.
(1B) Subject to rules framed under this Ordinance, a Commandant may, in respect of the members of the Force subordinate to him, exercise the powers conferred on the Director-General by subsection (1):
Provided that a Commandant shall not award imprisonment for a term exceeding one year or, in the case of a member holding the rank of Sub-Inspector and above, the punishment of reduction in rank, removal, dismissal or compulsory retirement from service.
(1C) A Commandant may delegate, to such extent as he may think fit, the powers conferred upon him by subsection (I-B) to any other appointed under section 5 who is under his command and such officer may exercise such powers in respect of the members of the Force subordinate to him:
Provided that the Commandant shall not delegate powers of reduction in rank, removal, dismissal or compulsory retirement from service or award of rigorous imprisonment exceeding thirty days.]
(2) The Director-General, the Deputy Director-General, or any other officer of the Force not below the rank of a Company Commander, commanding a separate detachment or an out-post or in temporary command at headquarters during the absence of his superiors in the Force may, in a summary manner, award to any member of the Force, who is not a gazetted officer and 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 Ordinance, 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 emoluments during its continuance;
(b) punishment-drill or fatigue or other duty;
(c) extra guard and picquet duty.
[(3) The Director-General or the Commandant may order deductions from pay and allowances of a member of the Force in order to make good any expenses caused by him or any loss by him of, or damage or destruction done by him to, any arms, ammunition, equipment, clothings, instruments, decoration or necessaries belonging to the Force or to any building or property.]
[15A. Capture of deserters.– (1) Whenever any member of the force deserts or absents without leave, his Commandant shall give written information of the desertion or absence to such civil authorities as in his opinion may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the said deserter or absentee 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 or absentee, when apprehended, to Force custody.
(2) Any police officer may arrest without warrant any person whom he reasonably believes to be a member of the Force and a deserter or absentee without leave and bring him without delay before the nearest Magistrate as if he were a deserter from the Pakistan Army.]
[15B. Protection of persons serving in the Force.– (1) In any suit or proceedings against any person appointed under section 4 or section 5 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, the defendant that thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued the warrant or order.
(3) Notwithstanding anything contained in any other law for the time being in force, 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 Ordinance or the rules made 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 proceedings 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 proceedings.]
16. Imprisonment for 90 days to result in dismissal.– A member of the Force who is sentenced to a term of imprisonment for ninety days or more shall be deemed to have been dismissed from the Force.
17. Suspension.– Any gazetted officer shall be competent to suspend in the prescribed manner a member of the Force in a non-gazetted rank working under him for any misconduct, remissness or negligence in the discharge of his duties.
18. Place of imprisonment.– If a member of the Force, sentenced by a Court constituted under section 20 of this Ordinance, to a term of imprisonment, is also dismissed from service, he shall be imprisoned in the nearest prison or such other prison as Government may, by general or special order, direct but if he is not dismissed from the Force, he may be confined in a quarterguard or such other place as the Court or the Director-General may consider suitable.
19. Sanction of prosecution.– Notwithstanding anything to the contrary in any law, a member of the Force shall not be prosecuted under section 13 or section 14 or for any offence committed within ten miles of the border before a Court other than that mentioned in section 20 without the previous sanction, in the case of a gazetted officer, of Government, and in the case of other ranks, of the Director-General.
20. Power of Government to invest the Commandant or any other officer with a magisterial power.– (1) Government may invest the Commandant or any other officer with the powers of a magistrate of first class for the purposes of inquiring into or trying any offence committed by a member of the Force not punishable with death.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Commandant or any other officer specially empowered by Government in this behalf, in the trial of an offence punishable under this Ordinance, may, follow the procedure for the summary trial of cases in which an appeal lies, as laid down in Chapter XXII of the said Code.
(3) Notwithstanding anything contained in the said Code, the Commandant or any other officer trying an offence summarily, may pass a sentence of imprisonment for a term not exceeding [six] months.
(4) In all cases decided by the Commandant or any other officer as a magistrate, a person aggrieved may within thirty days of the order appeal to the Director-General or any other officer specially empowered in this behalf by Government.
(5) The Governor of [the Province concerned] may, on revision, set aside an order passed in pursuance of the powers under this section on the ground of material irregularity.
(6) Nothing done under this section shall be questioned in any court of law.
[20A. Savings.– No suit, prosecution or other legal proceedings shall lie for anything which is in good faith done or intended to be done under this Ordinance or any rules made thereunder.]
21. Powers to make rules.– (1) [The [Federal Government] after consultation with the Governments of the
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may–
(a) prescribe the functions and powers of the Director-General, or Deputy Director-General and other officers under this Ordinance;
(b) provide for the classes and grades of and remuneration to be paid to the officers and men in the Force;
(c) regulate the conditions of service of the members of the Force; and
(d) prescribe the manner in which and authorities by which departmental punishments may be awarded.
[22. Repeal.– The West Pakistan Border Police Act, 1958 and the Sind Rangers Force Act, 1943, as in force in the District of Karachi are hereby repealed.]
FIRST SCHEDULE
CONDITIONS OF SERVICE FOR ENROLLED MEMBERS
[See Section 2, clause (g)]
You are required to serve in the [Pakistan Rangers] for such period as may be prescribed by Government. During this period you will be bound by the terms and conditions laid down in the provisions of the [Pakistan Rangers] Ordinance, 1959, and the rules framed thereunder. After the expiry of your tenure you may apply for your discharge which may be granted to you two months after the date of your application provided you are not on active duty.
Signature of the member of the Force in acknowledgment of the above having been read to him. | A.B. |
Signed in my presence after I had ascertained that A.B. understood the purport of what he signed. | C.D. |
Director-General or Commandant