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RULES, 2012

FEDERAL LEVIES FORCE (SERVICE) RULES, 2012

[Gazette of Pakistan, Extraordinary, Part-II, 3rd August, 2012]

S. R. O. 954 (I)/2012, dated 28.6.2012.—In exercise of the powers conferred by Section 10 of the Federal Levies Force Regulation, 2012 the Federal Government is pleased to make the following rules, namely:-

1.       Short title and commencement.—(1) These rules may be called Federal Levies Force (Service) Rules, 2012.

(2) They shall come into force at once.

2.       Definitions.—(1) In these Rules, unless the context otherwise require, the following expressions shall have the meanings hereby respectively assigned to them, namely:-

(a)     "Appointing Authority" means the appointing authority specified in Rules 4;

 

(b)     "Commandant" means Commandant of the Force, who shall be Political Agent of the Agency or, as the case may be, District Coordination Officer for FRs in their respective jurisdiction;

(c)     "Director-General" means an officer appointed as such by the Federal Government, to exercise such powers and functions as may be prescribed;

(d)     "Director" means an officer appointed as such by the FATA Secretariat who shall have practical experience of civil administration in tribal areas and who shall exercise such powers and functions as may be prescribed;

(e)     "Deputy Commandant (Operations)" means an Assistant Political Agent of a Sub-Division or an Agency or FR or any officer of the District designated as such officer by the Provincial Government, who shall be Deputy Commandant (Operations) of the Force in their respective jurisdiction to exercise such powers and functions as may be prescribed; and

(f)      "Deputy Commandant (Administration)" means an officer of Federal or Provincial civil service or any officer of the District designated as such officer by the Provincial Government in their respective jurisdiction to exercise such powers and functions as may be prescribed and who shall be responsible to the Commandant for administrative and establishment matters of the Force.

(g)     "FR" means Frontier Regions;

(h)     "Government" means the Federal Government;

(i)      "initial recruitment" means appointment made other than by promotion or by transfer from other services;

(j)      "Schedule" means the Schedule of these rules;

(k)     "Selection or Promotion Committee" means a Committee for recruitment or as the case may be, promotion of Force personnel as notified by the Government;

(1)     "service" means the Levies Service;

(2)     The expression used but not defined herein shall have the same meanings as are assigned to them under the Federal Levies Force Regulation, 2012.

3.       Composition and eligibility of the Force.—(1) The Force shall comprise of the posts specified in Schedule-I and such other posts as may be determined by the Government from time to time.

(2) Recruitment to the Force shall be made in accordance with the requirement specified in Schedule-I. The following conditions shall also be fulfilled, namely:–

(a)     a candidate for appointment shall be a citizen of Pakistan and bona-fide resident of the respective district, agency or Frontier Region, as the case may be;

(b)     no candidate shall be appointed to a post unless he is found, after medical examination, to be in good mental and bodily health and free from physical defect, likely to interfere in the efficient discharge of his duties;

(c)     Medical Superintendent of the respective District Headquarters Hospital or Agency Headquarters Hospital shall issue a certificate of medical fitness of the candidate;

(d)     recruitment to all ranks of the Force shall be made from amongst those persons having a minimum height 5'-5" and chest measurement of 32"-34" with an age of not less than eighteen years and not more than twenty-five years on the last date of submission of application;

(e)     the upper age limit may be relaxed upto three years in special circumstance and in case of ex-servicemen upto five years by the competent authority;

(f)      on person (except those who are already in Government Service) shall be appointed to the Force unless he produces a certificate of character from the Principal or Academic Officer of the academic institution last attended and also a certificate of character from two gazetted officers from respective districts or sub-section of the tribes, not being his relative and who are well acquainted with his character; and

(g)     no person who is married to a foreign national shall be eligible for appointment in the Force, unless allowed by the Government, in writing.

4.       Appointing authority.—(1) Commandant shall be the appointing authority for initial recruitment or promotion of the Force personnel.

(2)     Appointment to the post shall be made in accordance with the provision contained in Schedule-I of these rules.

(3)     Appointment shall be made through a duly constituted Selection Committee.

5.       Probation.—(1) All selected personnel of the Force shall remain on probation for one year extendable by a further period of one year. If no order is issued on the expiry of the first year of probation period, the period of probation shall be deemed to have been extended for further one year. If no order is issued on the completion of extended period, the probation shall be deemed to have been terminated.

(2) All promotions shall be on probation for a period of one year from the date of promotion and may be reverted to the former rank if they fail to maintain the prescribed standard of conduct and efficiency. All reversion orders shall carry reasons thereof in writing.

6.       Training.—(1) All newly recruited personnel of the Force, shall undergo six months pre-service training before being assigned duties of the rank for which they are selected. Initially, the Appointing Authority shall arrange for appropriate training till a proper Levies Training School is established.

(2) The pre-service training mentioned in sub-rule (1) may contain training on basic laws, investigation techniques, mob control, basic intelligence, arrest and detention procedure, jail duties, drill, weapons training, field craft, bomb disposal, counter assault, traffic control etc. Proper training syllabus and modules shall be developed through mutual consultation with local law enforcing agencies by the Commandant.

7.       Resignation.—No member of the Force shall resign before the expiration of the first three months of his recruitment or he shall deposit an amount equal to his three months pay in lieu of his three months essential service.

8.       Seniority and promotion.—Promotion shall be strictly on seniority-cum-fitness basis as well as on the required length of service as specified in Schedule-I. The service of personnel by initial recruitment or promotion may be dispensed with or reverted if, in the opinion of the Competent Authority, his work and conduct is not satisfactory during probation period or due to abolishment of posts, as the case may be. A seniority list shall be maintained at District, Agency or Frontier Region level.

9.       Transfer during service.—Members of the Force shall be liable to transfer anywhere in their respective District, Agency or Frontier Region. An officer of the force may be transferred to any other District, Agency or Frontier Region in the public interest.

10.     Punishment.—After satisfying themselves regarding punishable acts (as referred to in Schedule-II) through a proper inquiry, the necessary punishment specified in Schedule-III may be awarded by the competent authority. A person to whom punishment is awarded shall be given an opportunity to show-cause in writing. However, in circumstances where it is not possible to adopt this procedure the competent authority, for reasons to be recorded in writing, may dispense with such requirement.

11.     Appeal.—If a Force personnel is aggrieved by any order under these rules, he may within thirty days of communication to him of such order, prefer appeal to the competent authority. Force personnel may file a revision petition to the next higher authority within thirty days of the receipt of decision of appeal or sixty days of the preference of appeal, whichever is earlier,

12.     Awards and commendations.—(1) Force personnel may be given special award and commendation certificate for devotion to duty, demonstration of gallantry and such achievement in the performance of duty, in the manners as prescribed by the Commandant after approval from the Government.

(2) Force personnel, if embraces martyrdom in the discharge of his duty, will be given proper Guard of Honour at the time of burial.

13.     Service Record.—Proper service rolls of all Force Personnel shall be maintained in Levy Office of each District or Agency or Frontier Region. Annual Reports of all Havaldars and Junior Commissioned Officers (JCOs) will also be maintained for the purpose of promotion.

14.     Leave.—(1) Earned Leave may be granted depending on the exigencies and at the discretion of the Commandant. All leave of ten days or above, will be considered as long leave and shall be granted on the recommendations of Subedar Major by the Commandant.

(2)     Casual leave may be allowed upto three days by the competent authority. Casual leave upto nine days may be granted by the Deputy Commandant (to be notified by the Commandant) on the recommendation of the concerned JCO.

(3)     Medical leave shall be granted by the Commandant on the production of medical certificate from the Civil Surgeon concerned.

15.     Salary.—The Force personnel shall be entitled to receive pay and allowances as per their pay scales notified by the Government from time to time.

16.     Retirement.—The Force personnel shall retire from service on attaining the age of superannuation i.e. 60 years or he may opt for retirement after completing 25 years of regular service.

17.     Extension in Service.—No extension in service shall be granted at any cost whatsoever.

18.     Conduct.—The conduct of Force personnel shall be regulated by rules made, or instructions issued by Government.

19.     Gratuity and pension.—All Force personnel will be entitled to pension as per prevailing Government rules.

20.     Compensation.—(1) The family of Force personnel shall be granted death compensation in case the Force Personnel embraces martyrdom during discharge of his duly as per rates prescribed by the Government.

(2)     Force personnel shall be grunted compensation in case of sustaining fatal injury or injuries during the discharge of his duty. If he is declared incapacitated for further service due to such fatality, he shall be entitled to gratuity and pension for rendering minimum service of ten years.

(3)     Sons and wards of such martyred and incapacitated Force Personnel shall be given preference in recruitment of Force personnel for compensating the family martyr.

21.     Funds.—(1) Force personnel shall be governed by the provision of general provident funds, benevolent funds and group insurance as prescribed for other employees of the Government.

(2) A special welfare funds for Force personnel shall be created by the Government at Federal level with monthly contribution from all Force personnel at the rate as prescribed by the Commandant, which shall be utilized for the general welfare of Force personnel and their families.

22.     Health care.—Medical facilities for the Force personnel and their families shall be catered at Government hospitals and dispensaries at par with other employees of the Government.

23.     Monitoring and evaluation.—(1) Commandant or Deputy Commandant of the Force shall set up suitable number of levy posts in the respective jurisdiction and shall assign suitable number of Force personnel at each of such levy post.

(2)     There shall be levy line in each District, Agency or Frontier Region which shall have all necessary facilities including parade ground, barracks, quarter guards, both and armory etc.

(3)     Every personnel of the Force shall wear prescribed uniform alongwith all accessories at the time of duty, during duty hours and beyond if assigned special duty.

(4)     Duty registers showing the duties assigned to each individual on day to day basis shall be maintained in each levy post by a muharrir.

(5)     Naib Subedar shall be responsible for carrying out the work assigned to Force personnel whose duties shall be intimated in advance with written entry in the duty register.

(6)     Such registers including roznamchas as prescribed by the Commandant shall be maintained in every post.

(7)     Sub-divisional magistrates, tehsildars and naib tehsildars shall in the course of their tours, inspect levy duty register and roznamchas and satisfy themselves that Force Personnel are carrying out their respective duties. A note regarding absence from the post or from the place of duty of any Force personnel without leave, shall invariably be recorded by inspecting officers in the Force duty register. Matter shall be reported to Assistant Director or District Commandant within twenty four hours for appropriate action.

24.     Anomalies.—An Anomaly Committee shall be set up in the States & Frontier Regions Division to correct anomalies, if any.

25.     Repeal.—Any rules, orders or instructions enforce in respect of the Federal Levies Force, immediately before the commencement of these rules shall stand repealed in so far as those rules, orders or instructions are inconsistent with the rules.

SCHEDULE-I

see rule 4(2)

S. No.

Post/Rank

Eligibility for promotion

Promotion Quota

Direct Quota

Qualification

1.

Subedar Major (BS-16)

5 years service as Subedar or 10 years service in his credit

100%

 

2.

Subedar (BS-13)

5 years service as Naib Subedur or 8 years service in his credit

100%

 

3.

Naib Subedar (BS-11)

5 years service as Havaldar

100%

 

4.

Havaldar (BS-8)

3 years service as Sepoy and above rank

100%

 

5.

Naik (BS-7)

3 years service as Sepoy or Lance Naik

100%

 

6.

L/Naik (BS-6)

2 years service as Sepoy

 

7.

Sepoy (BS-5)

100%

Middle pass preferably Matric

8.

Assistant (BS-14)

5 years service as Senior Clerk

50%

50%

B.A. for equivalent for direct recruitment

9.

Senior Clerk (BS-9)

5 years service as Junior Clerk

F.A. or equivalent (Preferably know Typing/Computer)

10.

Junior Clerk (BS-7)

10% from lower staff with Matric

90%

Matric or equivalent (Preferably know Typing/Computer)

11.

Driver (BS-5)

100%

Driving License/Driving Experience

12.

Tracker (BS-2)

5 years service in BS-1

10%

90%

Primary Pass

13.

Bahishti (BS-1)

100%

Literate

14.

Sweeper (BS-1)

100%

Literate

SCHEDULE-II

[See Rule 10]

Grounds of Penalty

The concerned authority may impose one or more penalties (as specified in Schedule-III of these rules), where a personnel of the Force, in the opinion of the authority,

(a)     is inefficient or has ceased to be efficient;

(b)     is guilty of misconduct, like unauthorized absence from duty, breach of order, disobedience, unruly behavior, passing on official secrets to unauthorized persons, etc;

(c)     is corrupt, or may reasonably be considered as corrupt;

(d)     is guilty of any violation of duty;

(e)     losses, misplaces or causes harm to a weapon through negligence or lack of maintenance;

(f)      is grossly insubordinate to this superiors;

(g)     is convicted of a criminal offense;

(h)     is guilty of cowardice, or abandons any piquet, fortress, post or guard which is committed to his charge or which is his duly to defend;

(i)      is engaged in propagation of sectarian, parochial, anti-state views and controversies;

(j)      is engaged or is reasonable suspected of being engaged to excite, cause or conspire to cause or joins in any mutiny, or being present at any mutiny and does not use his utmost endeavor to suppress it;

(k)     attempt collective bargaining, conspiring or attempting to call off duty or take out procession lo press for the demands;

(l)      is guilty of omission and commission under the law and rules.

SCHEDULE-III

[See Rules 10]

Punishment and Competent Authority

S. No.

Punishment

Subedar Major & Subedar

Naib Subedar or Havaldar

Naik or Lance Naik

Sepoy

1.

Extra Drill not exceeding fifteen days fatigue or other duties

Subedar.

Naib Subedar.

2.

Confinement to quarter guard upto fifteen days

Director

Deputy Director

Assistant Director

Subedar Major

3.

Censure

-do-

-do-

-do-

-do-

4.

Fofeiture of approved service upto two years

-do-

-do-

-do-

-do-

5.

Stoppage of increment not exceeding one month’s pay

-do-

-do-

-do-

-do-

 

6.

Fine of any amount not exceeding one month’s pay

-do-

-do-

-do-

-do-

7.

Withholding of promotion for one year or less

-do-

-do-

-do-

-do-

8.

Reduction from substantive rank to a low rank or reduction in pay

-do-

-do-

-do-

-do-

9.

Dismissal or removal from service or compulsory retirement.

-do-

-do-

-do-

-do-