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DEFENCE OF PAKISTAN ORDINANCE, 1965

ORDINANCE NO. XXIII OF 1965

6th September, 1965

 

An Ordinance to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan, and for the trial of certain offences.

Whereas it is expedient to provide for special measures to ensure the security, the public safety and interest and the defence of Pakistan, and for the trial of certain offences ; and whereas a Proclamation of Emergency issued under clause (1) of Article 30 of the Constitution is in force ; and whereas the President is satisfied that immediate legislation is necessary to meet the emergency;

Now, therefore, in exercise of the powers conferred by clause (4) of Article 30 of the Constitution, read with clause (2) of Article 131 thereof, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the follow­ing Ordinance:—

 

 

 

CHAPTER I

Preliminary

 

1. Short title, extent and application and commencement. (1) This Ordinance may be called the Defence of Pakistan Ordinance, 1965.

(2) It extends to the whole of Pakistan, and also applies—

(a) To all citizens of Pakistan, wherever they may be ;

(b) To all servants of the State, including members of the Armed Forces, wherever they may be ;

(c) To all persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the Armed Forces, wherever they may be ; and

(d) To, and to persons on, ships or vessels registered in or chartered for Pakistan, and aircraft so registered or chartered, wherever they may be.

(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 Naval, Military or Air Force of Pakistan, or any armed forces raised or maintained by Government, including civil armed forces, or any other armed forces attached to or operating with any such Force or forces ;

(b) “Citizen” or “citizen of Pakistan” means a person who is or is deemed to be a citizen of Pakistan according to the law relating to citizenship ;

(c) “Service of the State” means any employment or post in or under Government, or in connection with the affairs of Government, and includes any defence service, and any other service declared by or under any law for the time being in force to be a service of Pakistan ; and “servant of the State” shall be cons­trued accordingly.

 

CHAPTER II

Emergency powers

 

3. Powers to make rules. — (1) The Central Government may, by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for ensuring the security, the public safety and in­terest and the defence of Pakistan, or for securing the maintenance of public order or the efficient 2conduct of military operations or prosecution of war, or for maintaining supplies and services essen­tial to the life of the community.

(2) Without prejudice to the generality of the powers con­ferred by sub-section (1), the rules may provide for, or may empower any authority to make orders providing for, all or any of the following matters, namely :—

(i) Ensuring the safety and welfare of the Armed Forces, including persons subject for the time being to any law relating to such Forces, or employed in industrial or commercial installations or establishments belong­ing thereto, and of ships and aircraft of Pakistan, and preventing the prosecution of any purpose likely to prejudice the operations of such Forces or of the forces of the allies of Pakistan ;

(ii) Prohibiting anything likely to prejudice the training, discipline or health of such Forces and persons ;

(iii) Preventing any attempt to tamper with the loyalty of persons in the service of the State, or to dissuade per­sons from entering such service, otherwise than with advice given in good faith to the person dissuaded for his benefit or that of any member of his family or any of his. dependents ;

(iv) Preventing anything likely to assist the enemy or, to prejudice the successful conduct of military operation or prosecution of war, including—

(a) Communication with the enemy or agents of the enemy,

(b) Acquisition, possession without lawful authority or excuse, and publication of information likely to assist the enemy,

(c) Contribution to, participation in, or otherwise assisting the floating of loans raised by or on behalf of the enemy, and

(d) Advance of money to, or contracts or commercial dealings with, the enemy, enemy subjects or per­sons residing, carrying on business, or being, in enemy territory ;

(iva) The confiscation, administration, management and disposal, by way of transfer or otherwise, of property belonging to, or held or managed on behalf of, the enemy, enemy subjects or persons residing, carrying on business, or being, in enemy territory ;

(v) Preventing the spreading without lawful authority or excuse of false reports or the prosecution of any purpose likely to cause disaffection or alarm, or likely to prejudice Pakistans relations with foreign powers or to prejudice, the security, the public safety or interest, or the defence of Pakistan, or any part there­of, including the maintenance of supplies and services essential to the life of the community, and the main­tenance of peaceful conditions in any area included in Pakistan, or likely to promote feelings of enmity and hatred between different classes of citizens ;

Explanation.—To point out, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different classes as aforesaid, does not amount to promoting such feelings within the meaning of this clause ;

(vi) Requiring the publication of news and information ;

(vii) Regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and the removal of persons from such areas ;

(viii) Requiring any person or class of persons to comply with a scheme of defence ;

(ix) Ensuring the safety of—

(a) Ports, dockyards, lighthouses, lightships and aerodromes,

(b) Railways, tramways, roads, canals and all other ways of transport by land or water,

(c) Post and telegraph ad telephone offices, carrier and wireless stations, signaling apparatus and all other means of communication,

(d) Sources and systems of water supply, works for the supply of water, gas or electricity, and all other works for public purposes,

(e) Vehicles, vessels and aircraft, and the rolling stock of railways and tramways,

(f) Warehouses and all other places used or intended to be used for storage purposes,

(g) Mines, oil-fields, factories or industrial or commercial undertakings,

(h) All works and structures being part of, or connect­ed with, anything hereinbefore mentioned in this clause,

(hh) Laboratories and institutions where scientific rese­arch is conducted,

(i) Any other places or thing used or intended to be used for the purposes of Government or a local authority, or the protection of which is consi­dered necessary or expedient for ensuring the security, the public safety or interest or the defence of Pakistan, or for securing the mainte­nance of public order or the efficient conduct of military operations or prosecution of war, or for maintaining supplies and services essential to the life of the community;

(x) The apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain, as the case may be, suspects, on grounds appearing to such authority to be reasonable, of being of hostile origin, or of having acted, acting, being about to act, or being likely to act in a manner prejudicial to Pakistans relations with foreign powers, the security, the public safety or interest, or the defence of Pakistan, or any part thereof, inclu­ding the maintenance of supplies and services essential to the life of the community, and the main­tenance of peaceful conditions in any area included in Pakistan, or prejudicial to the maintenance of public order, or the efficient conduct of military operations or prosecution of war, or with respect to whom such authority is satisfied that his apprehension and detention are necessary for the purpose of prevent­ing him from acting in any such prejudicial manner, the prohibition of such person from entering or resid­ing or remaining in any area, and the compelling of such person to reside and remain in any area, or to do or abstain from doing anything ;

(xa) The demolition, destruction or rendering useless in cases of necessity of any building or other premises or any other property ;

(xi) The control of persons entering, departing from, or travelling in Pakistan, and of foreigners residing or being in Pakistan ;

(xii) Prohibiting or regulating traffic, and the use of vessels, buoys, lights and signals, in ports and terri­torial, tidal and inland waters ;

(xiii) Regulating the charter of foreign vessels and aircraft ;

(Xiv) Regulating the structure and equipment of vessels for the purpose of ensuring the safety thereof and of persons therein ;

(xv) Regulating work, including working hours and holi­days, in dockyards, shipyards and aerodromes and other industrial and commercial installations or estab­lishments, whether connected with the Armed Forces or not

(xvi) Prohibiting or regulating the sailings of vessels from ports, traffic at aerodromes and the movement of aircraft, and traffic on railways, tramways, waterways and roads, and reserving, and requiring to be adapted, for the use of the Central Government, all or any accommodation in vessels, aircraft, railways, tram­ways or road vehicles for the carriage of persons, ani­mals or goods ;

(xvii) Impressment of vehicles, vessels, aircraft, and animals for transport ;

(xviii) Prohibiting or regulating the use of postal, telegraph, wireless or telephonic services, including the taking possession of such services and the delaying, seizing, intercepting or interrupting of postal articles or tele­graphic, wireless or telephonic messages ;

(xix) Regulating the delivery otherwise than by postal or telegraphic service of postal articles and telegrams ;

(xx) The control of trade or industry for the purpose of regulating or increasing the supply of, and the obtain­ing of information with regard to, articles or things of any description whatsoever which may be used in connection with the conduct of military operations or the prosecution of war or for maintaining supplies and services essential to the life of the community ;

(xxa) The control of agriculture (including the cultivation of agricultural land and crops to be raised therein) for the purpose of increasing the production and supply of foodgrains and other essential agricultural products ;

(xxb) The provision, storage and maintenance of commodi­ties and things required for the conduct of military operations or prosecution of war ;

(xxc) The provision, construction, maintenance and altera­tion of buildings, premises or other structures or excavations required for the conduct of military operations or prosecution of war ;

(xxd) The securing of any building, premises or other struc­tures from being readily recognisable in the event of hostile attack by a foreign power ;

(xxi) Ensuring the ownership and control of mines and oil-fields by citizens ;

(xxii) Controlling the possession, use or disposal of, or dealings in, coin, bullion, bank notes, currency notes, securities or foreign exchange ;

(xxiii) The control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water-supply;

(xxiv) The requisitioning of any property, movable or im­movable, including the taking possession thereof and the issue of any orders in respect thereof ;

(xxv) Prohibiting or regulating the possession, use or dis­posal of—

(a) Explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunitions of war ;

(b) Vessels,

(c) Wireless telegraphic apparatus, or any other apparatus capable of transmitting messages,

(d) Aircraft, and

(e) Photographic and signaling apparatus and any means of recording information ;

(xxvi) Prohibiting or regulating the bringing into, or taking out of, Pakistan, of goods or articles of any description (including coin, bullion, bank notes, currency notes, securities and foreign exchange), and applying the provisions of the Sea Customs Act, 1878, and in particular section 19 thereof, to such prohibitions and restrictions ;

(xxvii) Prohibiting or regulating the bringing into, or taking out of, Pakistan, and the possession, use or trans­mission of ciphers and other secret means of com­municating information ;

(xxviii) Prohibiting or regulating the publication of inven­tions, designs, patents and trade-marks, or results of research work having a bearing on efforts relating to the defence of Pakistan or military operations or the prosecution of war ;

(xxix) Preventing the disclosure of official secrets ;

(xxx) Prohibiting or regulating meetings, assemblies, fairs and processions ;

(xxxi) Preventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything simi­lar thereto, whether such use is calculated to deceive or to prejudice the public safety, the maintenance of public order  the defence of Pakistan, the conduct of military operations or the prosecution of war ;

(xxxii) Ensuring the accuracy of any report or declaration legally required of any person ;

(xxxiii) Preventing the unauthorized change of names ;

(xxxiv) Preventing anything likely to cause misapprehension in respect of the identity of any official person, official document or official property or in respect of the identity of any person, document or property purporting to be, or resembling, an official person, official document or official property ;

(xxxv) Entry into, and search of, any place reasonably sus­pected of being used for any purpose prejudicial to the security, public safety or interest, or the defence of Pakistan, or to the efficient conduct of military operations or prosecution of war, and for the seizure and disposal of anything found there and reasonably suspected of being used for such purpose.

(3) The rules made under sub-section (1) may further—

(i) Provide for the arrest and trial of persons contraven­ing any of the rules or any order 3made thereunder ;

(ii) Provide that any contravention of, or any attempt to contravene, and any abetment of, or attempt to abet, the contravention of any of the provisions of the rules, or any order made under any such provision, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both ;

(iii) Provide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in the preceding clause has been committed, and for the adjudication of such forfeiture whether by a Court or by any other authority ;

(iv) Confer power and impose duties upon the Central Government or any Provincial Government, or upon officers and authorities of any such Government, as respects any matter ;

(v) Prescribe the duties and powers of public servants and other persons as regards preventing the contraven­tion of, or securing the observance of, the rules or any order made thereunder ;

(vi) Provide for preventing obstruction and deception of, and disobedience to any person acting, and inter­ference with any notice issued, in pursuance of the rules or any order made thereunder ;

(vii) Prohibit attempts by any person to screen from pun­ishment any one, other than the husband or wife of such person, contravening any of the rules or any order made thereunder ;

(viii) Empower or direct any authority to take such action as may be specified in the rules or as may seem neces­sary to such authority for the purpose of ensuring the security, the public safety or interest or the defence of Pakistan ; and

(ix) Provide for charging fees in respect of the grant or issue of any licence, permit, certificate or other docu­ment for the purposes of the rules.

(4) The Central Government may by order direct that any power or duty which by rules under sub-section (1) is conferred or imposed upon the Central Government shall in such circumstances and under such conditions, if any, as may be specified in the direc­tion be exercised or discharged—

(a) By any officer or authority subordinate to the Central Government, or

(b) By any Provincial Government or by any officer or authority subordinate to such Government, or

(c) By any other authority.

(5) A Provincial Government may by order direct that any power or duty which has been directed under sub-section (4) to be exercised or discharged by the Provincial Government, shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority, not being an officer or authority sub­ordinate to the Central Government.

(6) Subject to the other provisions of this Ordinance and the rules made thereunder, the Commander-in-Chief of the Pakistan Army, the Pakistan Navy or the Pakistan Air Force, or an officer subordinate to and authorized by him in this behalf, may, by general or special order, provide for any of the matters specified in clause (i), or clause (ii) of sub-section (2), or, so far as they relate to Armed Forces, in clause (xv) thereof.

(7) Any rules under this section may be made so as to be retrospective to any date not earlier than the date of the commencement of this Ordinance.

 

4. Effect of rules, etc., inconsistent with other enactments.  Any rule made under section 3, and any order made under any such rule, shall have effect notwithstanding anything incon­sistent therewith contained in any enactment other than this Ordinance or in any instrument having effect by virtue of any enactment other than this Ordinance.

 

5. Power to require servants of the state to serve any where. — (1) Nowithstanding anything to the contrary in any rules regulating the terms and conditions of persons in the service of the State, the Central Government, or if so authorized by it, the Provincial Government, may, by order in writing, require any such person to serve in any place in or outside Pakistan, in such capacity and under such Government or authority as may be specified in the order, and every such person to whom any such order is direct­ed shall comply therewith.

(2) The Central Government may, by notification in the official Gazette, make rules regulating the terms and conditions of service of persons to whom orders under sub-section (1) have been directed, and on matters connected therewith.

 

6. Enhanced penalties. — (1) If any person, with intent to wage war against Pakistan or to assist any State at war with  or engaged in military operations against, Pakistan, contravenes any provision of the rules made under section 3 or any order made under any such rule, he shall be punishable with death, or transportation for life, or imprisonment for a term which may extend to ten years, and shall also be liable to fine.

(2) If any person—

(a) Contravenes any such provision of, or any such rule or order made under, the Civil Aviation Ordinance, 1960, as may be notified in this behalf by the Central Government, or

(b) In any area notified in this behalf by the Central Government, contravenes any such provision of, or any such rule made under, the Arms Act, 1878, the Explosives Act, 1884, the Explosive Substances Act, 1908 the Dangerous Cargoes Act, 1953, or the West Pakistan Arms Ordinance, 1965, as may be notified in this behalf by the Central Government,he shall, notwithstanding anything contained in any of the afore­said Acts or rules made thereunder, be punishable with imprison­ment for a term which may extend to five years, or, if his intention is to assist any State at war with or engaged in military operations against, Pakistan or to wage war against Pakistan, with death or transportation for life, or imprisonment for a term which may extend to ten years, and shall in either case also be liable to fine.

(3) For the purposes of this section, any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of, a provision of any law, rule or order, shall be deemed to have contravened that provision.

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