Airports Security Force (Amendment) Ordinance 1984

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ORDINANCE XXXV OF 1984

AIRPORTS SECURITY FORCE (AMENDMENT) ORDINANCE, 1984

An Ordinance further to amend the Airports Security Force Act, 1975

[Gazette of Pakistan, Extraordinary, Part I, decided on 7th August, 1984]

No. F. 17 (1)/84-Pub.-The following Ordinance made by the President is hereby published for general information :-

Whereas it is expedient further to amend the Airports Security Force Act, 1975 (LXXVII of 1975), for the purposes hereinafter appearing ;

And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action ;

Now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, 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 and commencement.--(1) This Ordinance may be called the Airports Security Force (Amendment) Ordinance, 1984.

(2) It shall come into force at once.

**2. General amendment, Act LXXVII of 1975.--**In the Airports Security Force Act, 1975 (LXXVII of 1975), hereinafter referred to as the said Act, for the word "Director-General", wherever occurring except in clause (g) of section 2, subsection (2) of section 5 and section 9 thereof, the words "Force Commander" shall be substituted.

**3. Amendment of section 2, Act LXXVII of 1975.-**In the said Act, in section 2,-

(a) in clause (e), for the words "Civil Aviation Department" the word "Force" shall be substituted ; and

(b) clauses (g) and (j) shall be omitted.

**4. Amendment of section 3, Act LXXVII of 1975.--**In the said Act, in section 3,-

(a) in subsection (1),-

(i) in clause (a), after the word "installations", the words "within the limits of airports and aerodromes" shall be inserted ;

(ii) clauses (c) and (d) shall be omitted ; and

(iii) in clause (e), the words, commas and figure "as laid down in the Aircraft Rules, 1937", shall be omitted ; and

(b) in subsection (2), the commas, words and figures ", the Civil Aviation Ordinance, 1960, the Civil Aviation Rules, 1978", shall be omitted.

**5. Amendment of section S, Act LXXV11 of 1975.--**In the said Act, in section 5, in subsection (2), for the words "of the Director-General" the words "and direction of the Federal Government" shall be substituted.

6. Amendment of section 6, Act LXXVII of 1975.-- In the said Act, in section 6,-

(1) in subsection (1),-

(a) in clause (a), after the word "installations", the words "within the limits of airports and aerodromes" shall be inserted ;

(b) for clause (c) the following shall be substituted, namely :-

"(c) take effective measures for preventing hijacking, sabotage, placement of car bombs, letter bombs and dangerous articles and carriage of arms and ammunitions into the restricted areas of the airports, aerodromes and aircraft except as authorised by him, and shall, as soon as he detects any contraband on the person or in the baggage of any person checked by him, notify it to the customs staff available at the airport or aerodrome for appropriate action under the Customs Act, 1969 (IV of 1969) ;"

(c) in clause (f ), after the word "Commander" the words "or an officer authorised by him" shall be inserted ; and

(2) after subsection (1) amended as aforesaid, the following new subsec tion shall he inserted, namely :-

"(1-A) The Force Commander may, with the previous approval of the Federal Government, call for military assistance in connection with post- landing and anti-hijacking operations at an airport or aerodrome ; and, when he does so, all officers and members and all civil agencies operating at the airport or aerodrome shall function in accordance with the directions of the military authority rendering such assistance."

**7. Amendment of section 7, Act LXXVl1 of 1975.--**In the said Act, in section 7, subsection (3), shall be omitted,

**8. Insertion of new Chapter IV, Act LXXVII of 1975.--**In the said Act, after section 7, the following new Chapter shall be inserted, namely :--

"CHAPTER IV

7-A. Officers and members to be subject to the Pakistan Army Act, 1952. (1) Every Officer and member of the Force shall, unless he is already so subject, be subject to the Pakistan Army Act, 1952 (XXXIX of 1952), here after in this Chapter referred to as the Act.

(2) The Force Commander shall, in respect of all officers and members of the Force, have all the powers conferred by or under the Act on an officer em powered to convene a general Court martial.

(3) Subject to subsection (2), the Federal Government may, by general or special order, direct by what authority any jurisdiction, powers or duties incidental to the operation of the provisions of the Act shall be exercised or performed in respect of the Force.

7-B. Consequence of sentence of imprisonment.-An officer or member of the Force who is sentenced to imprisonment for a term which is not less than ninety days shall be deemed to have been dismissed from the Force.

7-C. Suspension.-Any officer shall be competent to suspend in the prescribed manner a member of the Force working under him for any mis conduct, remissness or negligence in the discharge of his duties.

7-D. Place of imprisonment.-If a member of the Force sentenced .under the Act to imprisonment for a term shorter than ninety days is also dismissed from service, he shall be imprisoned in the nearest prison or such other prison as the Federal Government may, by general or special order, direct ; but if he is not so dismissed he may be confined in a quarter-guard or such other place as the Force Commander may consider suitable.

7-E. Capture of deserters.-(1) Whenever any person subject to the Act deserts, the Chief Security Officer shall give written information of the deser tion 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 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, when apprehended, into the custody of the Force.

(2) Any police officer may arrest without warrant any person whom he reasonably believes to be subject to the Act and a deserter or absentee without leave and bring him without delay before the nearest Magistrate to be dealt with according to law.

7-F. Appeal and revision.-(1) In all cases decided by the Deputy Director, a Chief Security Officer or any other officer, a person aggrieved may, within thirty days of the order, appeal to the officer higher than the one awarding the punishment.

(2) A person aggrieved by an order of the Force Commander awarding any punishment may, within thirty days of the order, apply to the Federal Government for revision.

7-G. Appointment of officers and other members of the Force.-(,1) The Federal Government may, by notification in the official Gazette, appoint a Deputy Director and such number of Assistant Directors, Chief Security Officers, Security Officers and Assistant Security Officers as it may think fit.

(2) The Force Commander may appoint, within the cadre strength sanctioned by the Federal Government, such number of Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Selection Grade Security Guards and Security Guards as he may consider necessary for the efficient performance of the functions of the Force.

(3) The rank structure of the officers and other members of the Force vis-a-vis the Pakistan Army shall be such as may be prescribed by rules."

**9. Insertion of heading of new Chapter V, Act LXXVII of 1975.--**In the said Act, after Chapter IV inserted as aforesaid, the following heading of a new Chapter shall be inserted, namely :-

"CHAPTER V"

**10. Amendment of section 9, Act LXXVII of 1975.--**In the said Act, in section 9, for the word "Director-General" the words "Force Commander or such officer as it may deem fit" shall be substituted.

**11. Amendment of section 11, Act LXXVII of 1975.--**In the said Act, in section 11, clauses (c) and (d) shall be omitted.

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