ORDINANCE XXXI OF 1971
COMPULSORY SERVICE IN THE ARMED FORCES ORDINANCE, 1971
An Ordinance to provide for compulsory service in the Armed Forces of essential persons and ex-servicemen
[Gazette of Pakistan, Extraordinary, 3rd December 1971]
No. F.24(1)/71-Pub.-The following Ordinance made by the President on the 3rd December 1971, is hereby published for general information :-
Whereas it is expedient to provide for compulsory service in the Armed Forces of essential persons and ex-servicemen ;
Now, therefore, in pursuance of Proclamation of the 25th day of March 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :--
1. Short title, extent, application and commencement.-(1) This Ordinance may be called the Compulsory Service in the Armed Forces Ordinance, 1971.
(2) It extends to the whole of Pakistan and applies to all essential persons and ex-servicemen wherever they may be ; but does not apply to--
(a) any person who is a member of, or employed by, any of the Armed Forces, or the Civilian Armed Forces, or, except for the provisions of sections 9 and 10, to the reserves of such Armed Forces or Civilian Armed Forces ;
(b) the sole surviving son or daughter, where one or more sons or daughter s of a family have been killed in action or have died while serving in the Armed Forces ; or
(c) the only son or daughter whose parents are unable to earn their livelihood, or either of whom is above sixty years.
(3) It shall come into force at once.
2. Definitions.-In this Ordinance, unless there is anything repugnant in the subject or context,-
(a) "Armed Forces" means the Pakistan Army, the Pakistan Navy and the Pakistan Air Force, and the reserves thereof ;
(b) "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898) ;
(c) "essential person" means a person registered under section 3 of the Essential Personnel (Registration) Ordinance, 1948 (X of 1948), and includes such other person as the Central Government may, by notification in the official Gazette, declare to be an essential person for the purposes of this Ordinance ;
(d) "ex-serviceman" means a person, not being an essential person, whose service with any of the Armed Forces has been terminated and who is not for the time being included in any of the reserves thereof;
(e) "industrial undertaking" has the same meaning as assigned to it by clause (4) of section 2 of the Control of Employment Ordinance, 1965 (XXXII of 1965), and includes a commercial concern;
(f) "Manpower Board" and "Manpower Tribunal" mean respectively the Board and the Tribunal constituted under the Control of Employment Ordinance, 1965 (XXXII of 1965);
(g) "prescribed" means prescribed by rules made under this Ordinance;
(h) "Service Headquarters" means the General Headquarters, the Naval Headquarters or the Air Headquarters, as the case may be.
3. Liability to be called up, etc.-(1) Every person to whom this Ordinance applies shall be liable to be called up for service under this Ordinance if he is not over the age of sixty years.
(2) Persons so called up shall be liable to serve with any of the Armed Forces for so long as their serving are required.
4. Call up notice.-(1) The Manpower Board, or such authority as may be empowered by it, shall, on requisition from any of the Service Headquarters, issue in writing notices to such essential persons as are to be called up, directing them to report in person to such authority at such time and place as may be specified in the notice.
(2) The Service Headquarters concerned, or such authority as may be empowered by them, may likewise issue call up notices to ex -servicemen.
(3) The issue of a notice under this section shall not mean that the person called up has been accepted for service.
(4) Where such person is known to be serving in an industrial undertaking, a copy of such notice shall at the same time be forwarded to the owner or manager of such undertaking requiring such owner or manager to release him within seven days of the receipt thereof.
**5. Obligation to comply with call up notice.-**A person to whom a notice under section 4 has been issued shall report to the authority at the time, not being earlier than ten days from the date of service of the notice, and place notified therein.
6. Applicability of service law.-(1) A person accepted for service under this Ordinance shall be deemed to have been commissioned, appointed or enrolled, as the ease may be, and shall as from the date he is so accepted, become subject to the law of the Armed Forces concerned, and shall remain so subject until duly retired, released, discharged, removed or dismissed from service.
(2) Such person shall, during his service in the Armed Forces, by governed as regards attestation, pay and allowances, leave and other terms of service, by the rules as applicable to serving personnel of equivalent rank, and shall, on the termination of his service, be paid such pension or gratuity as may be prescribed.
**7. Grant of Commission.-**A person called up for service under this Ordinance may be granted commission in the Armed Forces subject to such conditions as may be prescribed.
8. Procedure for seeking exemption.-(1) If a person to whom a notice under subsection (1) of section 4 has been issued seeks exemption from service under this Ordinance, he shall, within seven days of the receipt of the notice, submit a written representation to the Manpower Board which shall reconsider the case and pass such orders as it may deem fit.
(2) A person aggrieved by an order of this Manpower Board may, within seven days of the receipt of the order, appeal to the Provincial Government whose decision shall be final.
(3) An ex-serviceman desirous of seeking exemption from service under this Ordinance may make a representation to the Service Head quarters concerned, whose decision shall be final.
9. Re-instatement of persons released under the orders of the Board.-(1) Subject to the other provisions of this section, every employer by whom a person was released for service under this Ordinance, in pursuance of a notice served under subsection (4) of section 4, shall, on the termination of such service, re-instate such person in the employment from which he was released, and if such re-instatement is less favourable to such person than that to which he would., in the ordinary course, have been entitled, give him such employment as its not so less favourable ;
Provided that the employer shall not be required to so re-instate or employ any person if such person does not apply or report to him for the purpose within three months of his release from service under this Ordinance.
(2) Where, for any reason, re-instatement or employment under subsection (1) is not practicable, the employer shall, within seven days from the date on which the person to be re-in-stated or employed applies or reports himself for re-instatement or employment, make an application to the Manpower Tribunal concerned for exemption from the provisions of subsection (1) and send a copy thereof to such person.
(3) Upon an application from the employer under subsection (2), the Manpower Tribunal shall, after such enquiry anal hearing as it considers necessary, make an order-
(a) exempting the employer from the provisions of subsection (1), in which case the employer shall be required to pay to such person within three months of the order a compensation of a sum not less than six months' nor more than twelve months' remuneration calculated at the rate he was entitled to when he was released by the employer and such sum, in the case of failure to make payment, shall be recoverable as arrear of land revenue ; or
(b) requiring the employer to re-instate or give employment to such person in terms of subsection (1), or on such terms and conditions as it may specify in the order.
(4) If any employer-
(a) without seeking exemption under subsection (2) fails to comply with the provisions of subsection (1), or
(b) having applied for exemption under subsection (2) fails to comply with an order under clause (b) of subsection (3),
he shall, without prejudice to any penalty to which he may be liable under section 10, be also liable, if the Court convicting him so directs, to pay as compensation a sum not exceeding twelve months' remuneration of the person concerned in addition to the compensation provided under clause (a) of subsection (3).
(5) Any sum which the employer is required to pay under any order of the Tribunal under subsection (3) or an order of the Court under sub section (4) shall be recoverable as if it were a fine imposed by a Court.
10. Penalty and procedure.-(1) Any person who commits any of the following offences, that is to say,-
(a) fails to deliver, or obstructs or causes delay in the delivery of, or refuses to receive, a notice issued under this Ordinance ;
(b) without seeking exemption under section 8 fails to report as directed in a notice issued under section 4 ;
(c) persuades a person called up for service under this Ordinance to evade such service or abets in any manner the contravention of any of the provisions of this, Ordinance, or of any order, notice or direction issued thereunder;
(d) makes a false statement with view to avoiding service under this Ordinance or abets the avoidance of such service by any person ;
(e) with intent to render himself or any other person unfit for service under this Ordinance, voluntarily causes hurt or disease to himself or that person ;
(f) without seeking exemption under subsection (2) of section 9, fails to comply with the provisions of subsection (1) of that section ; or
(g) having sought exemption under subsection (2) of section 9, fails to comply with an order under clause (b) of subsection (3) of that section, shall, on conviction by a Court, be punishable with rigorous imprisonment for a term which may extend to seven years, or with fine which may extend to ten thousand rupees, or with both.
(2) No Court inferior to that of a Magistrate of the first class invested with power under section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall try an offence under this Ordinance.
11. Indemnity.-Except as provided in this Ordinance, no order made, direction issued or proceedings taken under this Ordinance shall be called in question in any Court, and no suit, prosecution or other legal pro ceedings shall lie against any person for anything in good faith done or intended to be done under this Ordinance.
12. Power to make rules.-(1) The Central Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the form, procedure and mode of issue of call up notices ;
(b) the travelling and other allowances payable to persons called up for service under this Ordinance up to the date of their acceptance for such service ;
(c) the standards and conduct of tests and medical examination of persons called up for service under this Ordinance to determine their suitability for such service and the grant of rank upon their being accepted therefor ;
(d) the gratuity or compensation to be paid on the termination of their service to persons accepted for service under this Ordinance or to the dependents of such persons; and
(e) any other matter which under this Ordinance is to be or may be prescribed.
**13. Repeal.-**The Compulsory Service (Armed Forces) Ordinance, 1971 (XXIV of 1971), is hereby repealed.