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AIRPORTS SECURITY FORCE ACT, 1975

Act No. LXXVII of 1975

[13th December, 1975]

An Act to provide for the Constitution and regulation of the Airports Security Force.

Whereas it is expedient to provide for the constitution and regulation of the Airports Security Force for ensuring security of all aerodromes, airports, aircraft and civil aviation installations, and for the maintenance of law and order therein, and for matters connected therewith or ancillary thereto;

 

     It is hereby enacted as follows: —

 

 CHAPTER I

      1.    Short title, extent, application and commencement. — (1)   This Act may be called the Airports Security Force Act, 1975.

     (2) It extends to all aerodromes and airports, all civil aviation stations, centers or offices in Pakistan, all Pakistan air services and activities relating to civil aviation.

     (3) It shall apply to all members and officers of the Force wherever they may be.

     (4) It shall come into force at once.

      2.    Definitions. — In this Act, unless there is anything repugnant in the subject or context, —

(a) “aerodrome” means any area of land or water designed, equipped, set apart or commonly used or intended to be used, either wholly or in part, for affording facilities for the landing, departure and movement of aircraft and includes all buildings, sheds, vessels, piers, installations and equipments, and other structures thereon or appertaining thereto, but does not include any aerodrome which is exclusively used by the Pakistan Air Force or any portion on an aerodrome which is used by the Pakistan Air Force;

(b) “aircraft” means any machine which can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface, and includes balloons, whether captive or free, airships, kites, gliders and flying machines;

(c) “airport” means an aerodrome at which facilities have, in the opinion of the Federal Government, been sufficiently developed to be of importance to civil aviation;

(d) “air service” means a service of aircraft for any purpose of civil aviation, whether aerial work, public transport or otherwise;

(e) “air side” means the movement area of an aerodrome, adjacent terrain and buildings or portions thereof, access to which is controlled by the Civil Aviation Department;

(f) “competent authority” means any officer or authority designated as such by the Federal Government;

(g) “Director-General” means the Director-General of Civil Aviation or any person performing the duties of the Director-General;

(h) “Force” means the Airports Security Force constituted under section 3;

(i)  “Force Commander” means the Commander incharge of the Force;

(j) “Manager” means the Airport Manager appointed by the Federal Government or any person performing the duties of Manager at an aerodrome or at an airport or designated as being incharge of an aerodrome or of an airport;

(k) “member” means a person, other than an officer, who is appointed to the Force and has signed an affirmation in the form set out in the First Schedule;

(l)  “officer” means a person who is so appointed to the Force and as signed an affirmation in the form set out in the First Schedule;

(m)     “operator” means a person, organization or enterprise engaged in or offering to engage in aircraft operation;

(n) “prescribed” means prescribed by rules or regulations;

(o) “purposes of civil aviation” include all purposes connected with civil aviation and with air navigation, except purposes of defence by air;

(p) “regulations” means regulations made under this Act; and

(q)    “rules” means rules made under this Act.

CHAPTER II

3.    Power to constitute and maintain the Airports Security Force and its functions. — (1) The Federal Government may constitute and maintain a force to be called the Airports Security Force for performing the following functions, namely: —

(a) ensuring security of all airports, aerodromes, aircraft and civil aviation installations and for safeguarding civil aviation against acts of unlawful interference or threats of such interference;

(b) ensuring security of all structures, equipments, material and installations belonging to operators and other Government or non-Government organizations within the limits of airports and aerodromes;

(c) operating and maintaining the airports fir services;

(d) protecting the airport and its vicinity from bird hazard and pollution;

(e) ensuring the proper conduct of persons at airports and aerodromes as laid down in the Aircraft Rules, 1937, including control of surface vehicles and drives within the limits of airports and aerodromes;

(f) ensuring security of aircraft passengers, baggage, cargo and mail within the limits of airports and aerodromes;

(g) general maintenance of law and order within the limits of airports and aerodromes in conjunction with the police and taking congnizance of all offences committed at the airports and aerodromes under any law for the time being in force; and

(h) such other functions as the Federal Government may, by notification in the official Gazette, require the Force to perform.

(2) In the discharge of their functions, the officers and members shall be guided by, and act in accordance with, this Act, the Civil Aviation Ordinance, 1960, the Aircraft Rules, 1937, and the rules and regulations.

4.    Constitution of the Airports Security Force. — (1)       The head of the Force shall be a Force Commander appointed by the Federal Government.

 

     (2) The Force shall consist of such ranks and number of officers and members and shall be constituted in such manner as may be prescribed by rules.

 

     (3) The officers and members shall receive such pay, pension, allowances and other remuneration and shall enjoy such leave and other privileges as may be prescribed by rules from time to time.

    (4) Every officer and member shall receive on his appointment a certificate in the form set out in the Second Schedule under the seal of the Director-General or such other officer as the Director-General may authorize in this behalf and by virtue of holding such certificate he shall be vested with the powers, functions and privileges of an officer or member.

     (5) Any person who ceases, for any reason, to be an officer or member shall forthwith surrender the certificate referred to in sub-section (4) to any officer authorized by the Force Commander in this behalf.

      (6) Officers and members of the Force shall wear such uniforms as may be prescribed by regulations.

5.    Administration of the Force. — (1)  The administration of the Force shall vest in the Force Commander who shall administer it in accordance with the provisions of this Act, rules and such orders and instructions as may be made or issued by the Federal Government from time to time.

     (2) The Force commander shall exercise his powers and perform his functions under the general supervision of the Director General.

CHAPTER III

6.  Powers and duties of officers and members. — (1)     An officer or member shall—

(a) take effective measures for ensuring security of all airports, aerodromes, aircraft and civil aviation installations and for safeguarding civil aviation against acts of unlawful interference;

(b)    safeguard aircraft passengers, baggage, cargo and mail within the limits of aerodromes and airports;

(c)    prevent unauthorized persons and vehicles from access to the air-side or other areas important to the security of the aerodromes or airports;

(d)    require the operations of aircraft registered in Pakistan to conform to the prescribed civil aviation security requirements;

(e)    take effective measures for preventing hijacking, sabotage, placement of car bombs, letter bombs, and dangerous articles, smuggling of precious metals, stones, arms, ammunition, narcotics and any other goods the bringing into, or taking out of Pakistan which is prohibited by or under any law for the time being in force;

(f) use such arms and ammunition and equipment as may be authorized by the Force Commander for the purposes of this Act;

(g)    search and arrest without warrant any person who he suspects of endangering, or attempting to endanger, or having endangered, the safety of an aerodrome or airport or an aircraft or a civil aviation installation and may use such force as may be necessary in the discharge of his duties aforesaid; and

(h)    perform such other functions as the competent authority may require him to perform.

(2) An officer, for the purpose of this Act, shall exercise, within the areas in which this Act applies, all the powers conferred on an officer incharge of a police station under Police Act, 1861, and the Code of Criminal Procedure, 1898.

7.    Liabilities of officers and members. — (1)   It shall be the duty of every officer and member promptly to obey and execute all orders and instructions issued to him by any competent authority.

(2) Every officer and member shall be liable to serve wherever he is required to serve by the competent authority.

(3) Every officer or member who is guilty of any violation of duty or willful breach or neglect of any rule or regulation or lawful order made by a competent authority, or who withdraw from his duties without permission, or without having given previous notice of two months, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of such leave, or who engages without authority in any employment other than his duty under this Act, or who is guilty of cowardice, or who offers any unwarrantable personal violence to any person in his custody, shall be liable to be proceeded against departmentally and to be awarded such punishment, including imprisonment for a term which may extend to six months and fine which may extend to the amount of his pay for three months, as may be prescribed by rules.

8.    Indemnity. —      No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done, or intended to be done, under this Act or the rules or regulations.

9.    Delegation of powers by the Federal Government. — The Federal Government may, by notification in the official Gazette, delegate all or any of its powers under this Act, except those under section 11, to the Director-General.

10. Delegation of powers by the Director-General. —     The Director-General may, by notification in the official Gazette and with the prior approval in writing of the Federal Government, delegate all or any of his powers under the rules for the efficient functioning of the Force to any officer or authority subordinate to him.

11. Power to make rules. —     The Federal Government may, by notification in the official Gazette, make rules–

(a) regulating the functions and powers of the officers;

(b) regulating the classes and grades of, and the remuneration and rewards to be paid to, the officers and members of the Force and their conditions of service;

(c) prescribing and regulating the award of departmental punishments;

(d) appointing the place where a person punished with imprisonment under section 7 may be kept in custody; and

(e) generally for the purpose of carrying into effect the provisions of this Act.

12. Power to make regulations. — The Director-General may, by notification in the official Gazette and with the prior approval in writing of the Federal Government, make regulations consistent with this Act and the rules for carrying out the purposes of this Act.

 

13. Repeal. —   The Airports Security Force Ordinance, 1975 is hereby repealed.

 

FIRST SCHEDULE

[See section 2 (k) and (1)]

FORM OF AFFIRMATION

      I, ……………………solemnly affirm in the presence of Almighty Allah that I will bear true faith and allegiance to Pakistan and that I will, as in duty bound, honestly and faithfully serve in the Airports Security Force and go wherever I may be ordered by air, land or sea, and that I will observe and obey all commands of any officer set over me even to the peril of my life.

     Signed in acknowledgement of the above having been read out to me.

     Person Enrolled

Date………………

Signed in my presence after I had ascertained that the person understood the purpose of what he signed.

Force Commander

or

other Enrolling Officer.

ROMAN URDU TRANSLATION OF AFFIRMATION

     Main………………….Khuda-e-Taala ko Hazir-o-Nazir Janker iman se iqrar karta hun key main Pakistan ka sache dil se wafadar rahunga aur Airports Security Force men imandari aur wafadari se khidmat ke farz baja launga, aur hawa, khushki ya tari ke raste jahan bhi jane ka hukam melega jaonga aur jise mera afsar muqarar kia jaega uskey har hukam ki tamil aur pairwi karunga, khah usmen jan ka khatra ho.

SECOND SCHEDULE

[See section 4 (4)]

CERTIFICATE

      Mr.… ………has been appointed as officer/member of the Airports Security Force under the Airports Security Force Act, 1975 (………..…of 1975), and is vested with the powers, functions and privileges of an officer/member of the Force.